Amended IN Assembly March 07, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 2146Introduced by Assembly Member Bauer-Kahan(Coauthor: Assembly Member Kalra)February 15, 2022 An act to add Article 5 (commencing with Section 14085) to Chapter 3 of Division 7 of the Food and Agricultural Code, relating to pesticides. LEGISLATIVE COUNSEL'S DIGESTAB 2146, as amended, Bauer-Kahan. Pesticides: midacloprid, clothianidin, thiamethoxam, dinotefuran, and acetamiprid: Neonicotinoid pesticides: prohibited nonagricultural use.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 a 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, by January 1, 2024, the director to designate, by regulation, pesticides containing midacloprid, clothianidin, thiamethoxam, dinotefuran, or acetamiprid neonicotinoid pesticides, as defined, as restricted materials, and would prohibit, beginning January 1, 2024, the sale, possession, or use of these pesticides, except for use on an agricultural plant, as defined. The bill would authorize the director, in consultation with the Department of Food and Agriculture, to authorize, by written order, the sale, possession, or use of these pesticides that is prohibited if the director finds that it would address a valid environmental emergency and there are no other, less harmful alternatives, as specified. The bill would provide that these provisions do not apply to specified products and applications of these pesticides. Because a violation of these provisions and the regulations adopted pursuant to these 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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. Article 5 (commencing with Section 14085) is added to Chapter 3 of Division 7 of the Food and Agricultural Code, to read: Article 5. Midacloprid, Clothianidin, Thiamethoxam, Dinotefuran, and Acetamiprid Neonicotinoid Pesticides14085. For purposes of this article, the following definitions apply:(a) Agricultural plant means a plant, or part of a plant, grown, maintained, or otherwise produced for commercial purposes, including a plant grown, maintained, or otherwise produced for sale or trade, for research or experimental purposes, or for use in part or its entirety in another location. Agricultural plant includes, but is not limited to, grains, fruits, and vegetables; wood fiber or timber products; flowering and foliage plants and trees; seedlings and transplants; and turf grass produced for sod. Agricultural plant does not include pasture or rangeland used for grazing.(b) Environmental emergency means an occurrence of a pest that presents a significant risk of harm or injury to the environment or human health, or significant harm, injury, or loss to agricultural crops, including, but not limited to, an exotic or foreign pest that may need preventative quarantine measures to avert or prevent that risk, as determined by the department, in consultation with the Department of Food and Agriculture and the University of California Center for Pest Research.(c) Neonicotinoid pesticide means any pesticide containing a chemical belonging to the neonicotinoid class of chemicals, including, but not limited to, acetamiprid, clothianidin, dinotefuran, imidacloprid, and thiamethoxam, or any other chemical designated by the department as belonging to the neonicotinoid class of chemicals.14085.1. (a) On or before January 1, 2024, the director shall, by regulation pursuant to Section 14004.5, designate pesticides containing midacloprid, clothianidin, thiamethoxam, dinotefuran, or acetamiprid neonicotinoid pesticides as restricted materials.(b) Beginning January 1, 2024, a person shall not sell, possess, or use pesticides containing midacloprid, clothianidin, thiamethoxam, dinotefuran, or acetamiprid, except for use on an agricultural plant. a neonicotinoid pesticide, except for use on an agricultural plant.(c) (1) Notwithstanding subdivision (b), the director, in consultation with the Department of Food and Agriculture, may authorize, by written order, the sale, possession, or use of pesticides containing midacloprid, clothianidin, thiamethoxam, dinotefuran, or acetamiprid a neonicotinoid pesticide that is prohibited under subdivision (b), if the director finds all of the following:(A) A valid environmental emergency exists.(B) The pesticide would be effective in addressing the environmental emergency.(C) There are no other, less harmful pesticides or pest management practices that would be effective in addressing the environmental emergency.(2) An order issued by the director pursuant to paragraph (1) shall include the basis for the directors determination and specify the approved time period, geographic scope, and purpose of the permitted sale, possession, or use of the pesticide, and shall be valid for a period not to exceed one year.14085.2. This article does not apply to any of the following:(a) A pet care, veterinary, personal care, or indoor pest control pesticide product.(b) An application for the commercial production of a preserved wood product.(c) (1) The application of a pesticide containing midacloprid, clothianidin, thiamethoxam, dinotefuran, or acetamiprid neonicotinoid pesticide within one foot of a building foundation perimeter to manage structural pests, provided that the pesticide is not applied on a plant.(2) Notwithstanding paragraph (1), the application of a pesticide containing midacloprid, clothianidin, thiamethoxam, dinotefuran, or acetamiprid neonicotinoid pesticide may be extended by an additional four feet if the additional area is necessary to treat the source of the infestation and the application is limited to a spot targeted treatment of the source of the infestation.(d) A direct action taken by the department or the Department of Food and Agriculture against an invasive plant or pest.(e) An application to protect agricultural seeds.14085.3. This article shall not be construed to impose liability on news media that accept or publish advertising for a product or activity that would otherwise be subject to this article.SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
Amended IN Assembly March 07, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 2146Introduced by Assembly Member Bauer-Kahan(Coauthor: Assembly Member Kalra)February 15, 2022 An act to add Article 5 (commencing with Section 14085) to Chapter 3 of Division 7 of the Food and Agricultural Code, relating to pesticides. LEGISLATIVE COUNSEL'S DIGESTAB 2146, as amended, Bauer-Kahan. Pesticides: midacloprid, clothianidin, thiamethoxam, dinotefuran, and acetamiprid: Neonicotinoid pesticides: prohibited nonagricultural use.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 a 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, by January 1, 2024, the director to designate, by regulation, pesticides containing midacloprid, clothianidin, thiamethoxam, dinotefuran, or acetamiprid neonicotinoid pesticides, as defined, as restricted materials, and would prohibit, beginning January 1, 2024, the sale, possession, or use of these pesticides, except for use on an agricultural plant, as defined. The bill would authorize the director, in consultation with the Department of Food and Agriculture, to authorize, by written order, the sale, possession, or use of these pesticides that is prohibited if the director finds that it would address a valid environmental emergency and there are no other, less harmful alternatives, as specified. The bill would provide that these provisions do not apply to specified products and applications of these pesticides. Because a violation of these provisions and the regulations adopted pursuant to these 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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES
Amended IN Assembly March 07, 2022
Amended IN Assembly March 07, 2022
CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION
Assembly Bill
No. 2146
Introduced by Assembly Member Bauer-Kahan(Coauthor: Assembly Member Kalra)February 15, 2022
Introduced by Assembly Member Bauer-Kahan(Coauthor: Assembly Member Kalra)
February 15, 2022
An act to add Article 5 (commencing with Section 14085) to Chapter 3 of Division 7 of the Food and Agricultural Code, relating to pesticides.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 2146, as amended, Bauer-Kahan. Pesticides: midacloprid, clothianidin, thiamethoxam, dinotefuran, and acetamiprid: Neonicotinoid pesticides: prohibited nonagricultural use.
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 a 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, by January 1, 2024, the director to designate, by regulation, pesticides containing midacloprid, clothianidin, thiamethoxam, dinotefuran, or acetamiprid neonicotinoid pesticides, as defined, as restricted materials, and would prohibit, beginning January 1, 2024, the sale, possession, or use of these pesticides, except for use on an agricultural plant, as defined. The bill would authorize the director, in consultation with the Department of Food and Agriculture, to authorize, by written order, the sale, possession, or use of these pesticides that is prohibited if the director finds that it would address a valid environmental emergency and there are no other, less harmful alternatives, as specified. The bill would provide that these provisions do not apply to specified products and applications of these pesticides. Because a violation of these provisions and the regulations adopted pursuant to these 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.
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 a 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, by January 1, 2024, the director to designate, by regulation, pesticides containing midacloprid, clothianidin, thiamethoxam, dinotefuran, or acetamiprid neonicotinoid pesticides, as defined, as restricted materials, and would prohibit, beginning January 1, 2024, the sale, possession, or use of these pesticides, except for use on an agricultural plant, as defined. The bill would authorize the director, in consultation with the Department of Food and Agriculture, to authorize, by written order, the sale, possession, or use of these pesticides that is prohibited if the director finds that it would address a valid environmental emergency and there are no other, less harmful alternatives, as specified. The bill would provide that these provisions do not apply to specified products and applications of these pesticides. Because a violation of these provisions and the regulations adopted pursuant to these 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.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Article 5 (commencing with Section 14085) is added to Chapter 3 of Division 7 of the Food and Agricultural Code, to read: Article 5. Midacloprid, Clothianidin, Thiamethoxam, Dinotefuran, and Acetamiprid Neonicotinoid Pesticides14085. For purposes of this article, the following definitions apply:(a) Agricultural plant means a plant, or part of a plant, grown, maintained, or otherwise produced for commercial purposes, including a plant grown, maintained, or otherwise produced for sale or trade, for research or experimental purposes, or for use in part or its entirety in another location. Agricultural plant includes, but is not limited to, grains, fruits, and vegetables; wood fiber or timber products; flowering and foliage plants and trees; seedlings and transplants; and turf grass produced for sod. Agricultural plant does not include pasture or rangeland used for grazing.(b) Environmental emergency means an occurrence of a pest that presents a significant risk of harm or injury to the environment or human health, or significant harm, injury, or loss to agricultural crops, including, but not limited to, an exotic or foreign pest that may need preventative quarantine measures to avert or prevent that risk, as determined by the department, in consultation with the Department of Food and Agriculture and the University of California Center for Pest Research.(c) Neonicotinoid pesticide means any pesticide containing a chemical belonging to the neonicotinoid class of chemicals, including, but not limited to, acetamiprid, clothianidin, dinotefuran, imidacloprid, and thiamethoxam, or any other chemical designated by the department as belonging to the neonicotinoid class of chemicals.14085.1. (a) On or before January 1, 2024, the director shall, by regulation pursuant to Section 14004.5, designate pesticides containing midacloprid, clothianidin, thiamethoxam, dinotefuran, or acetamiprid neonicotinoid pesticides as restricted materials.(b) Beginning January 1, 2024, a person shall not sell, possess, or use pesticides containing midacloprid, clothianidin, thiamethoxam, dinotefuran, or acetamiprid, except for use on an agricultural plant. a neonicotinoid pesticide, except for use on an agricultural plant.(c) (1) Notwithstanding subdivision (b), the director, in consultation with the Department of Food and Agriculture, may authorize, by written order, the sale, possession, or use of pesticides containing midacloprid, clothianidin, thiamethoxam, dinotefuran, or acetamiprid a neonicotinoid pesticide that is prohibited under subdivision (b), if the director finds all of the following:(A) A valid environmental emergency exists.(B) The pesticide would be effective in addressing the environmental emergency.(C) There are no other, less harmful pesticides or pest management practices that would be effective in addressing the environmental emergency.(2) An order issued by the director pursuant to paragraph (1) shall include the basis for the directors determination and specify the approved time period, geographic scope, and purpose of the permitted sale, possession, or use of the pesticide, and shall be valid for a period not to exceed one year.14085.2. This article does not apply to any of the following:(a) A pet care, veterinary, personal care, or indoor pest control pesticide product.(b) An application for the commercial production of a preserved wood product.(c) (1) The application of a pesticide containing midacloprid, clothianidin, thiamethoxam, dinotefuran, or acetamiprid neonicotinoid pesticide within one foot of a building foundation perimeter to manage structural pests, provided that the pesticide is not applied on a plant.(2) Notwithstanding paragraph (1), the application of a pesticide containing midacloprid, clothianidin, thiamethoxam, dinotefuran, or acetamiprid neonicotinoid pesticide may be extended by an additional four feet if the additional area is necessary to treat the source of the infestation and the application is limited to a spot targeted treatment of the source of the infestation.(d) A direct action taken by the department or the Department of Food and Agriculture against an invasive plant or pest.(e) An application to protect agricultural seeds.14085.3. This article shall not be construed to impose liability on news media that accept or publish advertising for a product or activity that would otherwise be subject to this article.SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Article 5 (commencing with Section 14085) is added to Chapter 3 of Division 7 of the Food and Agricultural Code, to read: Article 5. Midacloprid, Clothianidin, Thiamethoxam, Dinotefuran, and Acetamiprid Neonicotinoid Pesticides14085. For purposes of this article, the following definitions apply:(a) Agricultural plant means a plant, or part of a plant, grown, maintained, or otherwise produced for commercial purposes, including a plant grown, maintained, or otherwise produced for sale or trade, for research or experimental purposes, or for use in part or its entirety in another location. Agricultural plant includes, but is not limited to, grains, fruits, and vegetables; wood fiber or timber products; flowering and foliage plants and trees; seedlings and transplants; and turf grass produced for sod. Agricultural plant does not include pasture or rangeland used for grazing.(b) Environmental emergency means an occurrence of a pest that presents a significant risk of harm or injury to the environment or human health, or significant harm, injury, or loss to agricultural crops, including, but not limited to, an exotic or foreign pest that may need preventative quarantine measures to avert or prevent that risk, as determined by the department, in consultation with the Department of Food and Agriculture and the University of California Center for Pest Research.(c) Neonicotinoid pesticide means any pesticide containing a chemical belonging to the neonicotinoid class of chemicals, including, but not limited to, acetamiprid, clothianidin, dinotefuran, imidacloprid, and thiamethoxam, or any other chemical designated by the department as belonging to the neonicotinoid class of chemicals.14085.1. (a) On or before January 1, 2024, the director shall, by regulation pursuant to Section 14004.5, designate pesticides containing midacloprid, clothianidin, thiamethoxam, dinotefuran, or acetamiprid neonicotinoid pesticides as restricted materials.(b) Beginning January 1, 2024, a person shall not sell, possess, or use pesticides containing midacloprid, clothianidin, thiamethoxam, dinotefuran, or acetamiprid, except for use on an agricultural plant. a neonicotinoid pesticide, except for use on an agricultural plant.(c) (1) Notwithstanding subdivision (b), the director, in consultation with the Department of Food and Agriculture, may authorize, by written order, the sale, possession, or use of pesticides containing midacloprid, clothianidin, thiamethoxam, dinotefuran, or acetamiprid a neonicotinoid pesticide that is prohibited under subdivision (b), if the director finds all of the following:(A) A valid environmental emergency exists.(B) The pesticide would be effective in addressing the environmental emergency.(C) There are no other, less harmful pesticides or pest management practices that would be effective in addressing the environmental emergency.(2) An order issued by the director pursuant to paragraph (1) shall include the basis for the directors determination and specify the approved time period, geographic scope, and purpose of the permitted sale, possession, or use of the pesticide, and shall be valid for a period not to exceed one year.14085.2. This article does not apply to any of the following:(a) A pet care, veterinary, personal care, or indoor pest control pesticide product.(b) An application for the commercial production of a preserved wood product.(c) (1) The application of a pesticide containing midacloprid, clothianidin, thiamethoxam, dinotefuran, or acetamiprid neonicotinoid pesticide within one foot of a building foundation perimeter to manage structural pests, provided that the pesticide is not applied on a plant.(2) Notwithstanding paragraph (1), the application of a pesticide containing midacloprid, clothianidin, thiamethoxam, dinotefuran, or acetamiprid neonicotinoid pesticide may be extended by an additional four feet if the additional area is necessary to treat the source of the infestation and the application is limited to a spot targeted treatment of the source of the infestation.(d) A direct action taken by the department or the Department of Food and Agriculture against an invasive plant or pest.(e) An application to protect agricultural seeds.14085.3. This article shall not be construed to impose liability on news media that accept or publish advertising for a product or activity that would otherwise be subject to this article.
SECTION 1. Article 5 (commencing with Section 14085) is added to Chapter 3 of Division 7 of the Food and Agricultural Code, to read:
### SECTION 1.
Article 5. Midacloprid, Clothianidin, Thiamethoxam, Dinotefuran, and Acetamiprid Neonicotinoid Pesticides14085. For purposes of this article, the following definitions apply:(a) Agricultural plant means a plant, or part of a plant, grown, maintained, or otherwise produced for commercial purposes, including a plant grown, maintained, or otherwise produced for sale or trade, for research or experimental purposes, or for use in part or its entirety in another location. Agricultural plant includes, but is not limited to, grains, fruits, and vegetables; wood fiber or timber products; flowering and foliage plants and trees; seedlings and transplants; and turf grass produced for sod. Agricultural plant does not include pasture or rangeland used for grazing.(b) Environmental emergency means an occurrence of a pest that presents a significant risk of harm or injury to the environment or human health, or significant harm, injury, or loss to agricultural crops, including, but not limited to, an exotic or foreign pest that may need preventative quarantine measures to avert or prevent that risk, as determined by the department, in consultation with the Department of Food and Agriculture and the University of California Center for Pest Research.(c) Neonicotinoid pesticide means any pesticide containing a chemical belonging to the neonicotinoid class of chemicals, including, but not limited to, acetamiprid, clothianidin, dinotefuran, imidacloprid, and thiamethoxam, or any other chemical designated by the department as belonging to the neonicotinoid class of chemicals.14085.1. (a) On or before January 1, 2024, the director shall, by regulation pursuant to Section 14004.5, designate pesticides containing midacloprid, clothianidin, thiamethoxam, dinotefuran, or acetamiprid neonicotinoid pesticides as restricted materials.(b) Beginning January 1, 2024, a person shall not sell, possess, or use pesticides containing midacloprid, clothianidin, thiamethoxam, dinotefuran, or acetamiprid, except for use on an agricultural plant. a neonicotinoid pesticide, except for use on an agricultural plant.(c) (1) Notwithstanding subdivision (b), the director, in consultation with the Department of Food and Agriculture, may authorize, by written order, the sale, possession, or use of pesticides containing midacloprid, clothianidin, thiamethoxam, dinotefuran, or acetamiprid a neonicotinoid pesticide that is prohibited under subdivision (b), if the director finds all of the following:(A) A valid environmental emergency exists.(B) The pesticide would be effective in addressing the environmental emergency.(C) There are no other, less harmful pesticides or pest management practices that would be effective in addressing the environmental emergency.(2) An order issued by the director pursuant to paragraph (1) shall include the basis for the directors determination and specify the approved time period, geographic scope, and purpose of the permitted sale, possession, or use of the pesticide, and shall be valid for a period not to exceed one year.14085.2. This article does not apply to any of the following:(a) A pet care, veterinary, personal care, or indoor pest control pesticide product.(b) An application for the commercial production of a preserved wood product.(c) (1) The application of a pesticide containing midacloprid, clothianidin, thiamethoxam, dinotefuran, or acetamiprid neonicotinoid pesticide within one foot of a building foundation perimeter to manage structural pests, provided that the pesticide is not applied on a plant.(2) Notwithstanding paragraph (1), the application of a pesticide containing midacloprid, clothianidin, thiamethoxam, dinotefuran, or acetamiprid neonicotinoid pesticide may be extended by an additional four feet if the additional area is necessary to treat the source of the infestation and the application is limited to a spot targeted treatment of the source of the infestation.(d) A direct action taken by the department or the Department of Food and Agriculture against an invasive plant or pest.(e) An application to protect agricultural seeds.14085.3. This article shall not be construed to impose liability on news media that accept or publish advertising for a product or activity that would otherwise be subject to this article.
Article 5. Midacloprid, Clothianidin, Thiamethoxam, Dinotefuran, and Acetamiprid Neonicotinoid Pesticides14085. For purposes of this article, the following definitions apply:(a) Agricultural plant means a plant, or part of a plant, grown, maintained, or otherwise produced for commercial purposes, including a plant grown, maintained, or otherwise produced for sale or trade, for research or experimental purposes, or for use in part or its entirety in another location. Agricultural plant includes, but is not limited to, grains, fruits, and vegetables; wood fiber or timber products; flowering and foliage plants and trees; seedlings and transplants; and turf grass produced for sod. Agricultural plant does not include pasture or rangeland used for grazing.(b) Environmental emergency means an occurrence of a pest that presents a significant risk of harm or injury to the environment or human health, or significant harm, injury, or loss to agricultural crops, including, but not limited to, an exotic or foreign pest that may need preventative quarantine measures to avert or prevent that risk, as determined by the department, in consultation with the Department of Food and Agriculture and the University of California Center for Pest Research.(c) Neonicotinoid pesticide means any pesticide containing a chemical belonging to the neonicotinoid class of chemicals, including, but not limited to, acetamiprid, clothianidin, dinotefuran, imidacloprid, and thiamethoxam, or any other chemical designated by the department as belonging to the neonicotinoid class of chemicals.14085.1. (a) On or before January 1, 2024, the director shall, by regulation pursuant to Section 14004.5, designate pesticides containing midacloprid, clothianidin, thiamethoxam, dinotefuran, or acetamiprid neonicotinoid pesticides as restricted materials.(b) Beginning January 1, 2024, a person shall not sell, possess, or use pesticides containing midacloprid, clothianidin, thiamethoxam, dinotefuran, or acetamiprid, except for use on an agricultural plant. a neonicotinoid pesticide, except for use on an agricultural plant.(c) (1) Notwithstanding subdivision (b), the director, in consultation with the Department of Food and Agriculture, may authorize, by written order, the sale, possession, or use of pesticides containing midacloprid, clothianidin, thiamethoxam, dinotefuran, or acetamiprid a neonicotinoid pesticide that is prohibited under subdivision (b), if the director finds all of the following:(A) A valid environmental emergency exists.(B) The pesticide would be effective in addressing the environmental emergency.(C) There are no other, less harmful pesticides or pest management practices that would be effective in addressing the environmental emergency.(2) An order issued by the director pursuant to paragraph (1) shall include the basis for the directors determination and specify the approved time period, geographic scope, and purpose of the permitted sale, possession, or use of the pesticide, and shall be valid for a period not to exceed one year.14085.2. This article does not apply to any of the following:(a) A pet care, veterinary, personal care, or indoor pest control pesticide product.(b) An application for the commercial production of a preserved wood product.(c) (1) The application of a pesticide containing midacloprid, clothianidin, thiamethoxam, dinotefuran, or acetamiprid neonicotinoid pesticide within one foot of a building foundation perimeter to manage structural pests, provided that the pesticide is not applied on a plant.(2) Notwithstanding paragraph (1), the application of a pesticide containing midacloprid, clothianidin, thiamethoxam, dinotefuran, or acetamiprid neonicotinoid pesticide may be extended by an additional four feet if the additional area is necessary to treat the source of the infestation and the application is limited to a spot targeted treatment of the source of the infestation.(d) A direct action taken by the department or the Department of Food and Agriculture against an invasive plant or pest.(e) An application to protect agricultural seeds.14085.3. This article shall not be construed to impose liability on news media that accept or publish advertising for a product or activity that would otherwise be subject to this article.
Article 5. Midacloprid, Clothianidin, Thiamethoxam, Dinotefuran, and Acetamiprid Neonicotinoid Pesticides
Article 5. Midacloprid, Clothianidin, Thiamethoxam, Dinotefuran, and Acetamiprid Neonicotinoid Pesticides
14085. For purposes of this article, the following definitions apply:(a) Agricultural plant means a plant, or part of a plant, grown, maintained, or otherwise produced for commercial purposes, including a plant grown, maintained, or otherwise produced for sale or trade, for research or experimental purposes, or for use in part or its entirety in another location. Agricultural plant includes, but is not limited to, grains, fruits, and vegetables; wood fiber or timber products; flowering and foliage plants and trees; seedlings and transplants; and turf grass produced for sod. Agricultural plant does not include pasture or rangeland used for grazing.(b) Environmental emergency means an occurrence of a pest that presents a significant risk of harm or injury to the environment or human health, or significant harm, injury, or loss to agricultural crops, including, but not limited to, an exotic or foreign pest that may need preventative quarantine measures to avert or prevent that risk, as determined by the department, in consultation with the Department of Food and Agriculture and the University of California Center for Pest Research.(c) Neonicotinoid pesticide means any pesticide containing a chemical belonging to the neonicotinoid class of chemicals, including, but not limited to, acetamiprid, clothianidin, dinotefuran, imidacloprid, and thiamethoxam, or any other chemical designated by the department as belonging to the neonicotinoid class of chemicals.
14085. For purposes of this article, the following definitions apply:
(a) Agricultural plant means a plant, or part of a plant, grown, maintained, or otherwise produced for commercial purposes, including a plant grown, maintained, or otherwise produced for sale or trade, for research or experimental purposes, or for use in part or its entirety in another location. Agricultural plant includes, but is not limited to, grains, fruits, and vegetables; wood fiber or timber products; flowering and foliage plants and trees; seedlings and transplants; and turf grass produced for sod. Agricultural plant does not include pasture or rangeland used for grazing.
(b) Environmental emergency means an occurrence of a pest that presents a significant risk of harm or injury to the environment or human health, or significant harm, injury, or loss to agricultural crops, including, but not limited to, an exotic or foreign pest that may need preventative quarantine measures to avert or prevent that risk, as determined by the department, in consultation with the Department of Food and Agriculture and the University of California Center for Pest Research.
(c) Neonicotinoid pesticide means any pesticide containing a chemical belonging to the neonicotinoid class of chemicals, including, but not limited to, acetamiprid, clothianidin, dinotefuran, imidacloprid, and thiamethoxam, or any other chemical designated by the department as belonging to the neonicotinoid class of chemicals.
14085.1. (a) On or before January 1, 2024, the director shall, by regulation pursuant to Section 14004.5, designate pesticides containing midacloprid, clothianidin, thiamethoxam, dinotefuran, or acetamiprid neonicotinoid pesticides as restricted materials.(b) Beginning January 1, 2024, a person shall not sell, possess, or use pesticides containing midacloprid, clothianidin, thiamethoxam, dinotefuran, or acetamiprid, except for use on an agricultural plant. a neonicotinoid pesticide, except for use on an agricultural plant.(c) (1) Notwithstanding subdivision (b), the director, in consultation with the Department of Food and Agriculture, may authorize, by written order, the sale, possession, or use of pesticides containing midacloprid, clothianidin, thiamethoxam, dinotefuran, or acetamiprid a neonicotinoid pesticide that is prohibited under subdivision (b), if the director finds all of the following:(A) A valid environmental emergency exists.(B) The pesticide would be effective in addressing the environmental emergency.(C) There are no other, less harmful pesticides or pest management practices that would be effective in addressing the environmental emergency.(2) An order issued by the director pursuant to paragraph (1) shall include the basis for the directors determination and specify the approved time period, geographic scope, and purpose of the permitted sale, possession, or use of the pesticide, and shall be valid for a period not to exceed one year.
14085.1. (a) On or before January 1, 2024, the director shall, by regulation pursuant to Section 14004.5, designate pesticides containing midacloprid, clothianidin, thiamethoxam, dinotefuran, or acetamiprid neonicotinoid pesticides as restricted materials.
(b) Beginning January 1, 2024, a person shall not sell, possess, or use pesticides containing midacloprid, clothianidin, thiamethoxam, dinotefuran, or acetamiprid, except for use on an agricultural plant. a neonicotinoid pesticide, except for use on an agricultural plant.
(c) (1) Notwithstanding subdivision (b), the director, in consultation with the Department of Food and Agriculture, may authorize, by written order, the sale, possession, or use of pesticides containing midacloprid, clothianidin, thiamethoxam, dinotefuran, or acetamiprid a neonicotinoid pesticide that is prohibited under subdivision (b), if the director finds all of the following:
(A) A valid environmental emergency exists.
(B) The pesticide would be effective in addressing the environmental emergency.
(C) There are no other, less harmful pesticides or pest management practices that would be effective in addressing the environmental emergency.
(2) An order issued by the director pursuant to paragraph (1) shall include the basis for the directors determination and specify the approved time period, geographic scope, and purpose of the permitted sale, possession, or use of the pesticide, and shall be valid for a period not to exceed one year.
14085.2. This article does not apply to any of the following:(a) A pet care, veterinary, personal care, or indoor pest control pesticide product.(b) An application for the commercial production of a preserved wood product.(c) (1) The application of a pesticide containing midacloprid, clothianidin, thiamethoxam, dinotefuran, or acetamiprid neonicotinoid pesticide within one foot of a building foundation perimeter to manage structural pests, provided that the pesticide is not applied on a plant.(2) Notwithstanding paragraph (1), the application of a pesticide containing midacloprid, clothianidin, thiamethoxam, dinotefuran, or acetamiprid neonicotinoid pesticide may be extended by an additional four feet if the additional area is necessary to treat the source of the infestation and the application is limited to a spot targeted treatment of the source of the infestation.(d) A direct action taken by the department or the Department of Food and Agriculture against an invasive plant or pest.(e) An application to protect agricultural seeds.
14085.2. This article does not apply to any of the following:
(a) A pet care, veterinary, personal care, or indoor pest control pesticide product.
(b) An application for the commercial production of a preserved wood product.
(c) (1) The application of a pesticide containing midacloprid, clothianidin, thiamethoxam, dinotefuran, or acetamiprid neonicotinoid pesticide within one foot of a building foundation perimeter to manage structural pests, provided that the pesticide is not applied on a plant.
(2) Notwithstanding paragraph (1), the application of a pesticide containing midacloprid, clothianidin, thiamethoxam, dinotefuran, or acetamiprid neonicotinoid pesticide may be extended by an additional four feet if the additional area is necessary to treat the source of the infestation and the application is limited to a spot targeted treatment of the source of the infestation.
(d) A direct action taken by the department or the Department of Food and Agriculture against an invasive plant or pest.
(e) An application to protect agricultural seeds.
14085.3. This article shall not be construed to impose liability on news media that accept or publish advertising for a product or activity that would otherwise be subject to this article.
14085.3. This article shall not be construed to impose liability on news media that accept or publish advertising for a product or activity that would otherwise be subject to this article.
SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
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