Pesticides: application safety.

(1) Existing law regulates pest control operations, and requires the Director of Pesticide Regulation and county agricultural commissioners to enforce those provisions. Existing law authorizes a county agricultural commissioner to adopt regulations applicable in his or her county that are supplemental to those of the director that govern the conduct of pest control operations, as specified, and specifically authorizes a county agricultural commissioner to adopt regulations to regulate the timing, notification, and method of application for the agricultural use of any pesticide for agricultural production within 14 mile of a school. Existing law specifies that the regulations become operative unless disapproved by the director. A violation of the provisions, or regulations adopted pursuant to those provisions, relating to pest control operations and pesticides is generally a misdemeanor. This bill would also authorize a county agricultural commissioner to adopt regulations to prohibit the agricultural use of any pesticide within 14 mile of a school, subject to disapproval by the director. (2) Existing law requires a person who operates a pest control business to be licensed by the director and registered by the county agricultural commissioner. Existing law requires public property, where public exposure is foreseeable, to be posted with warning signs prior to pesticide applications, as specified. This bill would require an operator applying pesticide to a property by certain methods, including aerial applications or airblast applications of certain categories of pesticides, to ensure that the occupants of properties, including schools and residences, that are within 1,200 feet of the perimeter of the application or any required buffer zone receive notice of the planned pesticide application, as specified. (3) Existing law requires the director, with participation by the Office of Environmental Health Hazard Assessment, to adopt regulations relating to pesticides and worker safety on specified subjects, including, among others, restricting worker reentry into areas treated with pesticides, and posting signs, in English and Spanish, in fields, areas, adjacent areas or fields, or storage areas. This bill would require posting signs used to warn that a restricted entry interval is in effect to include specified information, including, but not limited to, the name of the pesticide product to be applied, and the telephone numbers of the county agricultural commissioner's office and the pesticide applicator. The bill would require the pesticide applicator's telephone number to be answered 24 hours per day, 7 days per week, to answer calls from agricultural workers regarding the pesticide application. (4) This bill would state legislative findings and declarations relating to the bill's provisions. The bill would also make nonsubstantive changes, including incorporating changes to those provisions enacted by the Governor's Reorganization Plan of 1991. (5) To the extent this bill would impose additional duties on county agricultural commissioners, and because the bill would create new crimes, 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 with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.