SB 458

Bill Subjects

Abstract

Existing law regulates the use of pesticides and authorizes the Director of Pesticide Regulation to adopt regulations to govern the possession, sale, or use of specified pesticides, as prescribed. Existing law requires the director to designate and establish a list of restricted materials based upon, but not limited to, specified criteria, including the danger of impairment to public health, as provided. Existing law authorizes the director to adopt regulations that prohibit the use or possession of a restricted material in certain areas or under certain conditions. Existing law restricts the use of certain herbicides, pesticides, and compounds, including 2,4-dichlorophenoxyacetic acid and sodium fluoroacetate, subject to regulations adopted by the director. Existing law requires the director, upon completion of an evaluation of a pesticide, to prepare a report on the health effects of any pesticide determined to be a toxic air contaminant that poses a present or potential hazard to human health due to airborne emission from its use. Existing law requires the director to determine, in consultation with certain agencies, the need for and appropriate degree of control measures for each pesticide listed as a toxic air contaminant. Existing law requires, for those pesticides for which a need for control measures has been determined, the director, in consultation with certain agencies, to develop control measures designed to reduce emissions sufficiently so the source will not expose the public to the levels of exposure that may cause or contribute to significant adverse health effects. Existing law requires the director to adopt, by regulation, control measures to protect human health for those pesticides for which a need has been determined. This bill would prohibit the use of a pesticide that contains the active ingredient chlorpyrifos. The bill would make this provision effective unless and until the director adopts control measures for chlorpyrifos and the Director of Environmental Health Hazard Assessment and the chairperson of the State Air Resources Board determine, by clear and convincing evidence, that those control measures will not result in neurodevelopmental or other harm to children after taking into account the potential effects of consuming food or water contaminated with chlorpyrifos that was used in compliance with those control measures, and will not negatively impact sensitive receptors, as defined.