BILL NUMBER: SB 1282 INTRODUCED
BILL TEXT
INTRODUCED BY Senators Leno and Allen
FEBRUARY 19, 2016
An act to add Section 12860 to, and to add Article 4.5 (commencing
with Section 14085) to Chapter 3 of Division 7 of, the Food and
Agricultural Code, relating to pesticides.
LEGISLATIVE COUNSEL'S DIGEST
SB 1282, as introduced, Leno. Pesticides: neonicotinoids: labeling
and restricted material designation.
Existing law generally regulates pesticide use by the Department
of Pesticide Regulation, and requires the Director of Pesticide
Regulation to endeavor to eliminate from use any pesticide that
endangers the agricultural or nonagricultural environment. A
violation of those provisions and regulations adopted pursuant to
those provisions is generally a misdemeanor. Existing law requires
the department, on or before July 1, 2018, to issue a determination
with respect to its reevaluation of neonicotinoids, and to adopt
control measures necessary to protect pollinator health within 2
years, as specified.
This bill would require the director, on and after July 1, 2017,
to require labeling of commercially available seeds and plants sold
at retail establishments, excluding noxious weed seeds and plants,
that have been treated with a neonicotinoid pesticide, and, by
regulation, designate neonicotinoid pesticides as restricted
materials by January 1, 2018. Because a violation of the regulations
adopted pursuant to the bill's provisions would be a misdemeanor, the
bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. (a) The Legislature finds and declares all of the
following:
(1) Bees and other pollinators are critical to agricultural
production, home gardens, and native ecosystems. Bee populations have
been declining significantly over the past 25 years, and while there
is no single cause of these declines, a substantial and growing body
of evidence points to neonicotinoid pesticides as a key factor.
Neonicotinoid pesticides are taken up by plants, and expressed
through pollen, nectar, and guttation droplets, impacting both target
and nontarget insect species, including honey bees and native bees.
(2) The Director of Pesticide Regulation is required, by
regulation, to designate a list of restricted material pesticides
that meet certain criteria, including presenting a hazard to honey
bees.
(3) Based on data showing a potential hazard to honey bees, in
2009, the Department of Pesticide Regulation initiated reevaluation
of pesticide products containing four neonicotinoid chemicals,
including imidacloprid, thiamethoxam, clothianidin, and dinotefuran.
The department is required to complete its reevaluation by July 1,
2018, and to adopt necessary control measures for these pesticides by
July 1, 2020.
(b) It is the intent of the Legislature to minimize potential harm
to honey bees in the interim while the Department of Pesticide
Regulation continues to study the impacts of neonicotinoids.
SEC. 2. Section 12860 is added to the Food and Agricultural Code,
to read:
12860. (a) On and after July 1, 2017, the director shall require
labeling of all commercially available seeds and plants sold at
retail establishments, excluding noxious weed seeds and plants, that
have been treated with a neonicotinoid pesticide. "Treatment"
includes foliar and granular treatments, in addition to seed
coatings.
(b) The label shall include, clearly visible and prominently
placed, the words: "STATE OF CALIFORNIA SAFETY WARNING: MAY HARM BEES"
and a logo, as determined by the director. This label shall
contrast, by typography, layout, or color, with other printed matter
nearby.
(c) If the safety warning required in subdivision (b) is affixed
rather than printed directly, the safety warning shall be affixed to
the product in such a manner that it cannot be removed without a
thorough application of water or other solvents.
SEC. 3. Article 4.5 (commencing with Section 14085) is added to
Chapter 3 of Division 7 of the Food and Agricultural Code, to read:
Article 4.5. Neonicotinoids
14085. As used in this article, "neonicotinoid" means
imidacloprid, nithiazine, acetamiprid, clothianidin, dinotefuran,
thiacloprid, thiamethoxam, or any other chemical designated by the
department as belonging to the neonicotinoid class of chemicals.
14086. (a) By January 1, 2018, the director shall, by regulation
pursuant to Section 14004.5, designate neonicotinoid pesticides as
restricted materials.
(b) The director may exempt products sold or applied by
veterinarians from the restrictions and requirements governing the
use and possession of neonicotinoid pesticides.
SEC. 4. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.