BILL ANALYSIS �
SENATE COMMITTEE on AGRICULTURE
Senator Cathleen Galgiani, Chair
BILL NO: SB 1332 HEARING: 04/01/14
AUTHOR: Wolk FISCAL: Yes
VERSION: 02/21/14 CONSULTANT: Anne Megaro
Pesticides: carbon monoxide pest control devices.
SUMMARY :
This bill authorizes the director of the California Department
of Pesticide Regulation to adopt and enforce regulations that
provide for the proper, safe and efficient use of carbon
monoxide pest control devices for the protection of public
health and safety and the environment. This bill provides that
violations are a misdemeanor and subject to prosecution or civil
penalty.
BACKGROUND AND EXISTING LAW :
Carbon monoxide (CO) is a colorless, odorless gas that is toxic
in high concentrations. CO is widely known for its danger in
households as it can be produced when a gas cooktop or
combustion engine is operated in an enclosed space, allowing CO
to accumulate to toxic, even fatal, concentrations. Household
CO detectors are now commonly used to warn occupants of the
presence of CO. However, due to its toxicity, CO has been found
to be a valuable tool in controlling burrowing rodent pests.
Existing law authorizes the use of CO for the control of
burrowing rodent pests under specified conditions. CO devices
must have a permanently affixed warning label that states
"DANGER" and warns that CO can kill within minutes, and that the
device shall never be used in structures inhabited by humans or
livestock. Prior to 2011, the use of CO to kill animals was
prohibited, largely due to its use as a form of euthanasia at
pet shelters. However, in 2011 AB 634 (Huber) determined that
CO could be used effectively in rural agricultural areas for the
control of burrowing rodent pests. (Food and Agricultural Code
�6025.4).
Existing law authorizes the California Department of Pesticide
Regulation (DPR) to regulate pesticides to protect human health
and the environment. At the local level, county agricultural
commissioners enforce pesticide laws and regulations. Although
within DPR's jurisdiction, current law does not authorize DPR to
develop regulations on CO pest control devices.
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Current law requires the secretary of the California Department
of Food and Agriculture (CDFA) to establish a research program
on the control of vertebrate pests that pose a significant
threat to the welfare of the state's agricultural economy,
infrastructure, and the public. Among other purposes, the
program is specifically charged with investigating effective and
economical alternative methods for the control of vertebrate
pests, including CO to control burrowing rodent pests. (Food and
Agricultural Code �6025.5).
PROPOSED LAW :
This bill:
1. Defines "carbon monoxide pest control device" to mean
any method using carbon monoxide to control burrowing
rodent pests.
2. Authorizes the director of DPR to adopt and enforce
regulations that provide for the proper, safe and efficient
use of carbon monoxide pest control devices for the
protection of public health and safety and the environment.
3. Provides that any violations of the provisions adopted
by DPR will be a misdemeanor and also be subject to the
provisions authorizing the action to be prosecuted civilly
by the director or for a county agricultural commissioner
to levy a civil penalty in lieu of prosecution as a
misdemeanor.
4. Makes technical amendments.
COMMENTS :
Need for this bill: According to the author, "Interest in
carbon monoxide devices for pest control has increased.
Initially, these devices were seen as potential tools for
farmers and ranchers to control burrowing rodents. Supporters
claimed that when used in wide open agricultural spaces, carbon
monoxide devices would pose little or no threat. However,
manufacturers of these devices are now marketing them to
schools, local governments and park districts as a
cost-effective way to control rodents. With these devices
growing in popularity, it is necessary for California to ensure
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the safety of the operators of these devices and the public."
CO regulation: Current law does not allow DPR to regulate CO
devices, nor does it require such devices to be registered or
operators to be licensed. County agricultural commissioners
have stated that if an unfortunate episode were to occur they
would have limited ability to track or respond to problems.
Additionally, current law requires licensing and registration
for other pest control products and operators, and this bill
would align CO with other pest control methods. Furthermore,
DPR states that it is imperative that the authority be granted
to the department to establish regulations defining how, when,
and by whom CO pest control devices can be used, given that CO
can be deadly if used improperly.
Double-referral: The Senate Rules Committee has double referred
this bill to the Senate Environmental Quality Committee as the
second committee of referral. Therefore, if this measure is
approved by this committee, the motion should include an action
to re-refer the bill to the Senate Committee on Environmental
Quality.
RELATED LEGISLATION :
AB 634 (Huber), Chapter 407, Statutes of 2011. Allows the use
of carbon monoxide to control burrowing vertebrate pests.
SB 1659 (Kopp), Chapter 751, Statutes of 1998. Bans the use of
carbon monoxide for the killing of any animal in California.
SUPPORT :
Department of Pesticide Regulation (Sponsor)
California Agricultural Commissioners and Sealers Association
California Rural Legal Assistance Foundation
Pesticide Action Network North America
Sierra Club California
OPPOSITION :
None received
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