BILL ANALYSIS �
SENATE COMMITTEE on AGRICULTURE
Senator Cathleen Galgiani, Chair
BILL NO: SB 1411 HEARING: 04/24/14
AUTHOR: Jackson FISCAL: Yes
VERSION: 02/21/14 CONSULTANT: Anne Megaro
Pesticides: application safety.
SUMMARY :
This bill would authorize county agricultural commissioners to
adopt regulations to prohibit the use of any pesticide within
one-quarter mile of a school. This bill would require that
schools and other specified sites within one-quarter mile of
planned pesticide application be notified in writing. This bill
would require that signs posted in fields include the name of
the pesticide, date and time of the restricted entry interval,
the telephone numbers of the commissioner and pesticide
applicator, and would require that the pesticide applicator
telephone be answered at all times.
BACKGROUND AND EXISTING LAW :
The California Department of Pesticide Regulation (DPR) is
responsible for the regulation of pesticides to protect human
health and the environment. DPR is authorized to evaluate the
health impacts of pesticides, register pesticide products, and
continually monitor the air, water, and soil for pesticide
contamination. At the local level, county agricultural
commissioners (CAC) enforce pesticide laws and regulations and
are additionally authorized to adopt local regulations and
conditions governing the use of pesticides within mile of a
school with respect to timing, notification, and method of
pesticide application (Food and Agricultural Codes �11401 et
seq.).
On the federal level, the Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA) requires that all pesticides be
registered and licensed by the US Environmental Protection
Agency (EPA). Through the registration process, pesticides are
scientifically evaluated for environmental, health, and safety
impacts, which, if registered, are reflected on the pesticide
label and use restrictions. FIFRA does not fully preempt state
law and allows for individual states to further regulate
pesticide use. According to DPR, California's pesticide laws
and regulations are typically more rigorous.
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Pesticide use may be restricted by the EPA, DPR, and by CACs,
and if there are several regulations regarding a pesticide, the
most restrictive must be followed. Restricted pesticides can
only be applied by or under the direct supervision of a
certified pesticide applicator, and, if the pesticide is on the
California-specific restricted materials list, a permit for
application is also required. Before issuing the permit, the
CAC shall consider local conditions including pesticide use in
the vicinity of schools, residences, and other sensitive sites.
If the pesticide is not a restricted pesticide but the CAC
determines that its use will present an undue hazard under local
conditions, the CAC may require a permit (Food and Agricultural
Code �14006.5, 14006.6).
Pesticide labels regulated by EPA and DPR contain information
such as, but not limited to, the active ingredient(s), warning
signs and statements, user safety directions, application
restrictions, buffer zones, restricted entry intervals (REI),
and notification, monitoring, and/or posting requirements.
Current law and regulations provide for pesticide use, including
worker safety requirements and specifications for notification
of pesticide application and posting of field signs signifying
prohibited entry. When required, the notice of pesticide
application shall be given orally or in writing. Field signs
shall include a skull and crossbones and the words "DANGER,"
"PESTICIDES," and "KEEP OUT" in both Spanish and English (Food
and Agricultural Code �12751 et seq.; CCR 6700 et seq.).
The federal Environmental Protection Agency categorizes
pesticides by toxicity. Six acute toxicological studies are
conducted to determine the appropriate category, corresponding
"signal word," and label instructions. Category I pesticides
are the most toxic and highly corrosive pesticides; whereas,
Category IV pesticides are the least toxic and cause slight or
mild irritation (40 C.F.R. 156.62). Toxicity Category I
pesticides require a 48 hour restricted entry interval and are
labeled with the signal word "DANGER"; whereas Category II
pesticides require a 24-hour restricted entry interval and are
labeled "WARNING" (40 C.F.R 156.208).
PROPOSED LAW :
This bill:
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1. States findings and declarations.
2. Clarifies that county agricultural commissioners may
adopt regulations to prohibit the agricultural use of any
pesticide within a quarter-mile of a school.
3. Requires written notification to schools, residences,
hospitals, onsite employee housing, or other similar sites
located within 1,200 feet of the buffer zone or application
perimeter one week prior to planned soil fumigation or
aerial or airblast applications of category I and II
pesticides.
4. Requires that notification be in both English and
Spanish and include:
a. The name of the pesticide products and other
chemicals to be applied.
b. The name, business address, and business
telephone number of the operator applying pesticide to
the property.
c. The name, business address, and business
telephone number of the county agricultural
commissioner.
d. The date that the application will start.
5. Requires that the notice be reissued should the
application date change and be provided no later than 24
hours in advance of the application.
6. Requires that the above notice requirements be in
addition to existing field posting requirements.
7. Requires that field posting signs include:
a. Name of the pesticide product to be applied
b. Date and time that the restricted entry
interval expires
c. Telephone number of the county agricultural
commissioner
d. Telephone number of the pesticide applicator
8. Requires that the pesticide applicator's phone number be
answered at all times.
9. Makes technical amendments.
COMMENTS :
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Purpose of Bill: According to the author, this bill would
prevent pesticide exposure and its adverse effects among
agricultural workers, children and vulnerable populations,
including minority and low-income communities. By authorizing
CACs to enact buffer zones for entire classes of pesticides near
schools, by requiring notification of impending pesticide
applications, and by requiring field posting signs to include
the date and time when workers can safely reenter fields, this
bill would assist in prevention and prompt recognition of
illness from pesticide drift.
The author and those in support reference data from the DPR
CalPIQ website database that reports 265 separate incidences of
agricultural pesticide drift exposure from 2003 to 2010.
Specifically, the author cites one significant incidence in 2003
in Kern County where 40 residents near a field undergoing
fumigation became ill. Emergency responders were not able to
identify the source of the illness, and an additional 150 people
became ill the next day. The author argues that advance notice
of the fumigation would have allowed for resident precautions
and would have facilitated early determination of the source of
illness and the appropriate medical treatment.
In regards to field posting, current signs lack the restricted
entry interval that notifies field workers and managers when it
is safe to enter a recently treated field. Concerns are raised
that signs may not be properly used, and without knowing whether
the entry interval has expired, field workers may enter the
field and be exposed to pesticides. Those in support argue that
including the date and time of reentry would better prevent
exposure and acute and chronic health risks to field workers.
Arguments in Opposition: Those in opposition state several
concerns related to the additional notification and posting
requirements that would be a "tremendous burden, impractical to
implement and work against the principle of Integrated Pesticide
Management." Concerns are raised as to the timing of the
notice, stating that changing weather conditions (wind, rain)
would make it impossible to predict pesticide application a week
in advance, and multiple notices may be required as the
application dates change. County agricultural commissioners are
specifically concerned with the cost of enforcement where
limited resources would be diverted from other inspection and
enforcement activities. Furthermore, those in opposition state
that there are new posting requirements from EPA and several
coming from DPR which will provide additional protections for
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schools and those living near application sites.
EPA Updates: In 2012, the EPA issued updated safety measures
for soil fumigants, requiring site-specific fumigant management
plans, post-application summaries, and new buffer zones and
posting requirements. Additionally, applicators can choose to
either conduct fumigant site monitoring or provide one-week
advance notice of fumigant application to neighboring residences
and businesses. Given that these measures are relatively new,
the impact of these new requirements have not been fully
realized or assessed.
Local Ordinance: CACs can prohibit the use of all pesticides,
restricted and non-restricted, locally through county
ordinances. In San Bernardino County, an ordinance (#4079)
passed in 2009 requires that 24-hour advance notification to be
given to CACs for all pesticide applications adjacent to
schools. This ordinance also places restrictions on application
method and timing, banning the application of any pesticide by
aircraft and other specified methods when school is in session.
CACs can also enforce local regulations, such as in Monterey
County where field posting is required for every pesticide with
a restricted entry interval of 24 hours or longer, with
exceptions.
Science-based regulation: EPA and DPR thoroughly evaluate
individual pesticides for environmental, health, and safety
impacts, and locally, CACs evaluate site-specific considerations
and may set conditions through the permitting process. Each
pesticide's restricted use and requirements are scientifically
supported and specific to the method of application, total
volume applied, total acreage to which it is applied, the crop
to which it is applied, weather conditions, and other variable
factors that would affect how the pesticide could impact health
and safety. By requiring categories or groups of pesticides to
adhere to the same requirements regardless of their individual
properties, the scientific process would be violated.
Additionally, in response to a 2009 petition regarding pesticide
drift that requested, in part, that interim prohibitions be
placed on certain pesticides, the EPA stated that a
case-by-case, chemical-specific risk assessment is a sound,
science-based approach that yields a more realistic
representation of actual risks and facilitates the
identification of mitigation measures (Agency Response to
"Pesticides in the Air-Kids at Risk: Petition to EPA to Protect
Children from Pesticide Drift (2009)"; March 31, 2014).
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Need for this bill : Pesticide application notification and
posting requirements are currently regulated by EPA and DPR and
may be further regulated by county agricultural commissioners on
a local and site-specific level. The committee may wish to
consider the necessity for this bill when the proposed changes
to pesticide application notification and posting can be
addressed through the public regulatory process.
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 947 (Jackson), Chapter 457, Statutes of 2002. Permits county
agricultural commissioners to regulate the timing, notification
of use, and method of application of agricultural pesticides in
areas within a one-quarter mile perimeter of a school. Requires
that the disaster procedures addressed in school safety plans
must include provisions for responding to the release of a
pesticide or other toxic substance from properties located
within a one-quarter mile perimeter of the school.
SUPPORT :
California Rural Legal Assistance (Sponsor)
California Teamsters Public Affairs Council (Sponsor)
Asthma Coalition of Los Angeles County
California Environmental Health Initiative
California Institute for Rural Studies
Californians for Pesticide Reform
Center for Environmental Health
City of Patterson
Clean Water Action
Coalition for Clean Air
Committee for a Better Shafter
Communities for a New California
Community Action to Fight Asthma
Delano Guardians
Farmworker Justice
Friends of the Earth
Global Community Monitor
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Guam Communications Network
Having Our Say Coalition
LabelGMOs.org
Madera Coalition for Community Justice
Merced/Mariposa County Asthma Coalition
Pesticide Action Network North America
Pesticide Free Zone, Inc.
Physicians for Social Responsibility, Sacramento Chapter
Physicians for Social Responsibility, San Francisco Bay Area
Planned Parenthood of Santa Barbara, Ventura & San Luis Obispo
Counties, Inc.
Regional Asthma Management and Prevention
Rural Communities Resource Center
Sierra Club California
Teens Turning Green
United Farm Workers
United for Change in Tooleville
Worksafe
1 Individual
OPPOSITION :
Agricultural Council of California
Almond Hullers & Processors Association
American Pistachio Growers
California Agricultural Aircraft Association
California Agricultural Commissioners and Sealers Association
California Association of Wheat Growers
California Association of Winegrape Growers
California Bean Shippers Association
California Citrus Mutual
California Cotton Ginners Association
California Cotton Growers Association
California Farm Bureau Federation
California Feed and Grain Association
California Grape and Treefruit League
California Pear Growers Association
California Seed Association
California Tomato Growers Association
California Women for Agriculture
Family Winemakers
Nisei Farmers League
Ventura County Agricultural Association
Western Agricultural Processors Association
Western Growers Association
Western Plant Health Association
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