California 2021 2021-2022 Regular Session

California Assembly Bill AB1959 Introduced / Bill

Filed 02/10/2022

CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 1959Introduced by Committee on Agriculture (Assembly Members Robert Rivas (Chair), Mathis (Vice Chair), Aguiar-Curry, Cunningham, Flora, Gray, Irwin, Jones-Sawyer, Levine, Villapudua, and Wood)February 10, 2022 An act to amend Sections 6025.4 and 6029 of the Food and Agricultural Code, relating to pest control. LEGISLATIVE COUNSEL'S DIGESTAB 1959, as introduced, Committee on Agriculture. Vertebrate pest control: carbon monoxide.Existing law authorizes the use of carbon monoxide for the control of burrowing rodent pests subject to specified conditions, including that the carbon monoxide delivery device is permanently affixed with a special warning label. Existing law repeals those provisions on January 1, 2023.This bill would instead repeal those provisions on January 1, 2026.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 6025.4 of the Food and Agricultural Code is amended to read:6025.4. (a)Notwithstanding Section 597u of the Penal Code, carbon monoxide may be used for the control of burrowing rodent pests, provided the following conditions are met:(1)(a) The carbon monoxide delivery device shall be permanently affixed with a warning label in plain view of the operator that includes, at a minimum, the following information:DANGER: Carbon monoxide is a poisonous gas that is odorless and colorless. Exposure to carbon monoxide can kill within minutes. Never use in structures inhabited by humans or livestock. The device must be used in accordance with all existing laws and regulations including Chapter 1.5 (commencing with Section 2050) of Division 3 of, known as the California Endangered Species Act, and Sections 4002 and 4003 of, the Fish and Game Code.(2)(b) The use of carbon monoxide is subject to the requirements of Chapter 1.5 (commencing with Section 2050) of Division 3 of, known as the California Endangered Species Act, and Sections 4002 and 4003 of, the Fish and Game Code, and the requirements of Division 6 (commencing with Section 11401) and Division 7 (commencing with Section 12500).(b)This section shall remain in effect only until January 1, 2023, and as of that date is repealed.SEC. 2. Section 6029 of the Food and Agricultural Code is amended to read:6029. Except as specified in Section 6025.4, this This article shall remain in effect only until January 1, 2026, and as of that date is repealed, unless a later enacted statute, which is enacted before January 1, 2026, deletes or extends that date. repealed.

CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION

Assembly Bill

No. 1959

Introduced by Committee on Agriculture (Assembly Members Robert Rivas (Chair), Mathis (Vice Chair), Aguiar-Curry, Cunningham, Flora, Gray, Irwin, Jones-Sawyer, Levine, Villapudua, and Wood)February 10, 2022

An act to amend Sections 6025.4 and 6029 of the Food and Agricultural Code, relating to pest control.

LEGISLATIVE COUNSEL'S DIGEST

## LEGISLATIVE COUNSEL'S DIGEST

AB 1959, as introduced, Committee on Agriculture. Vertebrate pest control: carbon monoxide.

Existing law authorizes the use of carbon monoxide for the control of burrowing rodent pests subject to specified conditions, including that the carbon monoxide delivery device is permanently affixed with a special warning label. Existing law repeals those provisions on January 1, 2023.This bill would instead repeal those provisions on January 1, 2026.

This bill would instead repeal those provisions on January 1, 2026.

## Digest Key

## Bill Text

The people of the State of California do enact as follows:SECTION 1. Section 6025.4 of the Food and Agricultural Code is amended to read:6025.4. (a)Notwithstanding Section 597u of the Penal Code, carbon monoxide may be used for the control of burrowing rodent pests, provided the following conditions are met:(1)(a) The carbon monoxide delivery device shall be permanently affixed with a warning label in plain view of the operator that includes, at a minimum, the following information:DANGER: Carbon monoxide is a poisonous gas that is odorless and colorless. Exposure to carbon monoxide can kill within minutes. Never use in structures inhabited by humans or livestock. The device must be used in accordance with all existing laws and regulations including Chapter 1.5 (commencing with Section 2050) of Division 3 of, known as the California Endangered Species Act, and Sections 4002 and 4003 of, the Fish and Game Code.(2)(b) The use of carbon monoxide is subject to the requirements of Chapter 1.5 (commencing with Section 2050) of Division 3 of, known as the California Endangered Species Act, and Sections 4002 and 4003 of, the Fish and Game Code, and the requirements of Division 6 (commencing with Section 11401) and Division 7 (commencing with Section 12500).(b)This section shall remain in effect only until January 1, 2023, and as of that date is repealed.SEC. 2. Section 6029 of the Food and Agricultural Code is amended to read:6029. Except as specified in Section 6025.4, this This article shall remain in effect only until January 1, 2026, and as of that date is repealed, unless a later enacted statute, which is enacted before January 1, 2026, deletes or extends that date. repealed.

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

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

SECTION 1. Section 6025.4 of the Food and Agricultural Code is amended to read:6025.4. (a)Notwithstanding Section 597u of the Penal Code, carbon monoxide may be used for the control of burrowing rodent pests, provided the following conditions are met:(1)(a) The carbon monoxide delivery device shall be permanently affixed with a warning label in plain view of the operator that includes, at a minimum, the following information:DANGER: Carbon monoxide is a poisonous gas that is odorless and colorless. Exposure to carbon monoxide can kill within minutes. Never use in structures inhabited by humans or livestock. The device must be used in accordance with all existing laws and regulations including Chapter 1.5 (commencing with Section 2050) of Division 3 of, known as the California Endangered Species Act, and Sections 4002 and 4003 of, the Fish and Game Code.(2)(b) The use of carbon monoxide is subject to the requirements of Chapter 1.5 (commencing with Section 2050) of Division 3 of, known as the California Endangered Species Act, and Sections 4002 and 4003 of, the Fish and Game Code, and the requirements of Division 6 (commencing with Section 11401) and Division 7 (commencing with Section 12500).(b)This section shall remain in effect only until January 1, 2023, and as of that date is repealed.

SECTION 1. Section 6025.4 of the Food and Agricultural Code is amended to read:

### SECTION 1.

6025.4. (a)Notwithstanding Section 597u of the Penal Code, carbon monoxide may be used for the control of burrowing rodent pests, provided the following conditions are met:(1)(a) The carbon monoxide delivery device shall be permanently affixed with a warning label in plain view of the operator that includes, at a minimum, the following information:DANGER: Carbon monoxide is a poisonous gas that is odorless and colorless. Exposure to carbon monoxide can kill within minutes. Never use in structures inhabited by humans or livestock. The device must be used in accordance with all existing laws and regulations including Chapter 1.5 (commencing with Section 2050) of Division 3 of, known as the California Endangered Species Act, and Sections 4002 and 4003 of, the Fish and Game Code.(2)(b) The use of carbon monoxide is subject to the requirements of Chapter 1.5 (commencing with Section 2050) of Division 3 of, known as the California Endangered Species Act, and Sections 4002 and 4003 of, the Fish and Game Code, and the requirements of Division 6 (commencing with Section 11401) and Division 7 (commencing with Section 12500).(b)This section shall remain in effect only until January 1, 2023, and as of that date is repealed.

6025.4. (a)Notwithstanding Section 597u of the Penal Code, carbon monoxide may be used for the control of burrowing rodent pests, provided the following conditions are met:

(1)

(a) The carbon monoxide delivery device shall be permanently affixed with a warning label in plain view of the operator that includes, at a minimum, the following information:

DANGER: Carbon monoxide is a poisonous gas that is odorless and colorless. Exposure to carbon monoxide can kill within minutes. Never use in structures inhabited by humans or livestock. The device must be used in accordance with all existing laws and regulations including Chapter 1.5 (commencing with Section 2050) of Division 3 of, known as the California Endangered Species Act, and Sections 4002 and 4003 of, the Fish and Game Code.

(2)

(b) The use of carbon monoxide is subject to the requirements of Chapter 1.5 (commencing with Section 2050) of Division 3 of, known as the California Endangered Species Act, and Sections 4002 and 4003 of, the Fish and Game Code, and the requirements of Division 6 (commencing with Section 11401) and Division 7 (commencing with Section 12500).

(b)This section shall remain in effect only until January 1, 2023, and as of that date is repealed.

SEC. 2. Section 6029 of the Food and Agricultural Code is amended to read:6029. Except as specified in Section 6025.4, this This article shall remain in effect only until January 1, 2026, and as of that date is repealed, unless a later enacted statute, which is enacted before January 1, 2026, deletes or extends that date. repealed.

SEC. 2. Section 6029 of the Food and Agricultural Code is amended to read:

### SEC. 2.

6029. Except as specified in Section 6025.4, this This article shall remain in effect only until January 1, 2026, and as of that date is repealed, unless a later enacted statute, which is enacted before January 1, 2026, deletes or extends that date. repealed.