BILL ANALYSIS                                                                                                                                                                                                    �



                                                               SB 1332
                                                                       

                        SENATE COMMITTEE ON ENVIRONMENTAL QUALITY
                                Senator Jerry Hill, Chair
                                2013-2014 Regular Session
                                             
           BILL NO:    SB 1332
           AUTHOR:     Wolk
           AMENDED:    April 21, 2014
           FISCAL:     Yes               HEARING DATE:     April 30, 2014
           URGENCY:    No                CONSULTANT:       Karen Morrison
            
           SUBJECT  :    PESTICIDES:  CARBON MONOXIDE PEST CONTROL DEVICES

            SUMMARY  :    
           
            Existing law  :

           1) Allows a county agricultural commissioner to impose a civil  
              penalty for violations related to pesticides.

           2) Permits the use of carbon monoxide pest control devices for  
              burrowing rodents if the delivery device is properly labeled.   
              The devices are subject to regulations under the California  
              Endangered Species Act, the Department of Fish and Wildlife, and  
              the Department of Pesticide Regulation (DPR).

            This bill  :  

           1) Specifies that a county agricultural commissioner may impose a  
              civil penalty for the use of carbon monoxide pest control  
              devices.

           2) Clarifies the definition of violation from serious to Class A.

           3) Requires the director of DPR to develop regulations for carbon  
              monoxide pest control devices.

            COMMENTS  :

            1) Purpose of Bill .  According to the author, this bill "would give  
              the Department of Pesticide Regulation the authority to regulate  
              the use of carbon monoxide delivery devices used to control  
              burrowing rodents like gophers and rats.










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           "Since the passage of Assembly Bill 634 [which permitted the use of  
              carbon monoxide pest control devices for burrowing rodents],  
              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 the safety of the operators of these  
              devices and the public."

            2) Carbon monoxide  .  Carbon monoxide is an odorless, colorless, and  
              tasteless gas that is a cumulative poison in humans and animals.

            3) Carbon monoxide and euthanasia  .  SB 1659 (Kopp, Chapter 751) of  
              1998 banned the use of carbon monoxide for euthanasia, primarily  
              in the context of animal shelters.

           According to the American Veterinary Medical Association Guidelines  
              on Euthanasia published in 2013, carbon monoxide is an effective  
              agent for euthanasia, but it can cause agitation in cats and  
              behavioral and physiological responses in dogs prior to loss of  
              consciousness.  The preferred method of euthanasia in an animal  
              shelter is injection of a barbiturate with appropriate animal  
              handling.

           This bill provides a specific exception for the use of carbon  
              monoxide for the control of burrowing rodent pests.

            4) Carbon monoxide and pest control  .  AB 634 (Huber, Chapter 407)  
              of 2011 authorized the use of carbon monoxide for the control of  
              burrowing rodent pests, subject to specified provisions  
              governing pest control operations.  However, one of the code  
              sections referenced (Food and Agricultural Code Divisions 6 and  
              7) contained no requirements for the use of carbon monoxide for  
              pest control.  This bill requires DPR to develop the implied  
              regulations from AB 634.

            SOURCE  :        California Department of Pesticide Regulation









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           SUPPORT  :       Sierra Club California
                          Pesticide Action Network, North America

            OPPOSITION  :    None on file