Amended in Assembly April 22, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 1789

Introduced by Assembly Member Williams

February 18, 2014

An act to add Section 12838 to the Food and Agricultural Code, relating to pesticides.

LEGISLATIVE COUNSEL’S DIGEST

AB 1789, as amended, Williams. Pesticides: neonicotinoids: reevaluation: begin delete determination. end delete begin insert determination: control measures. end insert

Existing law requires pesticides to be registered by the Department of Pesticide Regulation. Existing law requires that a pesticide be thoroughly evaluated prior to registration, and provides for the continued evaluation of registered pesticides. begin insert A violation of a regulation adopted by the department pursuant to this authority is a crime. end insert

This bill would require the department, by July 1, begin delete 2015, to issue a proposed determination with respect to its reevaluation of neonicotinoids, and to issue a final determination 6 months after the department issues its proposed determination. end delete begin insert 2018, to issue a determination with respect to its reevaluation of neonicotinoids. The bill would require the department, on or before 2 years after making this determination, to adopt any control measures necessary to protect pollinator health. end insert

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The bill would require the department to submit a report to the appropriate committees of the Legislature if the department is unable to adopt those control measures and to update the report annually until the department adopts those control measures.

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Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

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begin insert SECTION 1. end insert   

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(a) The Legislature finds and declares all of the
following:

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(1) Honey bees are vital to the pollination of many of
California’s crops, which are critical to our national food system
and essential to the economy of the state.

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(2) Annual colony losses from 2006 to 2011, inclusive, averaged
about 33 percent each year, which is more than double what is
considered sustainable according to the United States Department
of Food and Agriculture.

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(3) Scientists now largely agree that a combination of factors
is to blame for declining pollinator health, including lack of varied
forage and nutrition, pathogens and pests such as the Varroa mite,
and chronic and acute exposure to a variety of pesticides.

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(4) Based on data submitted to the Department of Pesticide
Regulation showing a potential hazard to honey bees, the
department initiated a reevaluation process for four neonicotinoid
compounds in 2009: imidacloprid, thiamethoxam, clothianidin,
and dinotefuran.

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(b) It is the intent of the Legislature to set a timeline for
completion of the reevaluation of neonicotinoid compounds to
ensure that the Department of Pesticide Regulation completes a
thorough, scientifically sound, and timely analysis of the effects
of neonicotinoids on pollinator health.

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begin insert SEC. 2. end insert   

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begin insert Section 12838 is added to the end insert begin insert Food and Agricultural
Code end insert begin insert , to read: end insert

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begin insert 12838. end insert   

(a) On or before July 1, 2018, the department shall
issue a determination with respect to its reevaluation of
neonicotinoids.

(b) (1) Within two years after making the determination
specified in subdivision (a), the department shall adopt any control
measures necessary to protect pollinator health.

(2) If the department is unable to adopt necessary control
measures within two years as required in paragraph (1), the
department shall submit a report to the appropriate committees
of the Legislature setting forth the reasons the requirement of
paragraph (1) has not been met.

(3) The department shall update the report submitted to the
appropriate committees of the Legislature pursuant to paragraph
(2) every year until the department adopts the necessary control
measures specified in paragraph (1).

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SECTION 1.  

Section 12838 is added to the Food and
Agricultural Code, to read:

12838.  

(a) By July 1, 2015, the department shall issue a
proposed determination with respect to its reevaluation of
neonicotinoids. The department shall accept public comments on
its proposed determination for a minimum of 30 days thereafter.

(b) No later than six months after issuance of the proposed
determination, the department shall issue its final determination
with respect to its reevaluation of neonicotinoids, with a written
response to any comments received.

(c) The department shall implement its final determination
within six months after the department issues the final
determination.

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