Bill Text: CA AB1963 | 2023-2024 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Pesticides: paraquat dichloride.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Passed) 2024-09-27 - Chaptered by Secretary of State - Chapter 688, Statutes of 2024. [AB1963 Detail]

Download: California-2023-AB1963-Amended.html

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Amended  IN  Assembly  April 11, 2024

Amended  IN  Assembly  April 02, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill

No. 1963

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Introduced by Assembly Member Friedman

January 29, 2024

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An act to add Chapter 3.7 (commencing with Section 105245) to Part 5 of Division 103 of the Health and Safety Code, 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

AB 1963, as amended, Friedman. Pesticides: paraquat dichloride prohibition.

Existing law requires cases of pesticide poisoning to be reported to the local health officer.

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 adopt regulations designating and establishing a list of restricted materials and governing the possession and use of restricted materials that are injurious to the environment or to any person, animal, crop, or other property, 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 requires the director and each county agricultural commissioner to enforce these and other laws, including regulations, relating to pesticides. Under existing law, the director adopted regulations designating specified forms of paraquat as restricted materials and regulating its use and application in specified circumstances.

This bill, commencing on and after January 1, 2026, would make unlawful prohibit the use of a pesticide, or and the manufacture, sale, delivery, holding, or offering for sale in commerce any product, that contains paraquat dichloride in the state. By creating a new crime, the bill would impose a state-mandated local program. dichloride.

Existing law, unless a different penalty is expressly provided, makes a violation of the Food and Agricultural Code a crime.

Because the prohibition imposed in this bill would be part of the Food and Agricultural Code, the violation of which would be a crime, 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  

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Bill Text

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

SECTION 1.Chapter 3.7 (commencing with Section 105245) is added to Part 5 of Division 103 of the Health and Safety Code, to read:

3.7.Paraquat

105245.

For purposes of this chapter, “pesticide” has the same meaning specified in Section 12753 of the Food and Agricultural Code.

105246.

Commencing January 1, 2026, it is unlawful for a person to use a pesticide that contains, or for a person or entity to manufacture, sell, deliver, hold, or offer for sale in commerce any product that contains, the active ingredient paraquat dichloride in the state.

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. Paraquat Dichloride

14085.

 For purposes of this chapter, “pesticide” has the same meaning as specified in Section 12753.

14086.

 On and after January 1, 2026, a person shall not use in the state a pesticide that contains, and a person or entity shall not manufacture, sell, deliver, hold, or offer for sale in commerce in the state a product that contains, the active ingredient paraquat dichloride.

SEC. 2.

 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.