Bill Text: CA SB458 | 2019-2020 | Regular Session | Introduced

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

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Bill Title: Public health: pesticide: chlorpyrifos.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Failed) 2020-02-03 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB458 Detail]

Download: California-2019-SB458-Introduced.html

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CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill

No. 458

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Introduced by Senator Durazo
(Principal coauthor: Assembly Member Friedman)

February 21, 2019

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An act to add Chapter 3.5 (commencing with Section 105240) to Part 5 of Division 103 of the Health and Safety Code, relating to pesticide.

LEGISLATIVE COUNSEL'S DIGEST

SB 458, as introduced, Durazo. Public health: pesticide: chlorpyrifos.

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 prohibits the use of certain herbicides, pesticides, and compounds, including 2,4-dichlorophenoxyacetic acid and sodium fluoroacetate.

This bill would prohibit the use of a pesticide that contains the active ingredient chlorpyrifos.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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Bill Text

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

SECTION 1.

 Chapter 3.5 (commencing with Section 105240) is added to Part 5 of Division 103 of the Health and Safety Code, to read:

CHAPTER  3.5. Chlorpyrifos

105240.

 This chapter shall be known, and may be cited, as the Protect Children from Brain-Damaging Chlorpyrifos Act of 2019.

105241.

 The Legislature finds and declares all of the following:

(a) Scientific research has played an important role in informing and advancing public policy in many areas, including health, education, and early childhood development.

(b) Scientific research has identified early childhood as a critical period of intervention during which children develop the foundation for educational achievement. Young children are especially vulnerable to environmental contaminants and toxic stress.

(c) Chlorpyrifos and other organophosphate pesticides affect the nervous system through inhibition of cholinesterase, an enzyme required for proper nerve functioning. Acute poisoning occurs when nerve impulses pulsate through the body, causing symptoms such as nausea, vomiting, convulsions, respiratory paralysis, and, in extreme cases, death.

(d) There is substantial scientific evidence, including from epidemiological studies, that chlorpyrifos threatens the healthy development of children. Chlorpyrifos is acutely toxic and associated with neurodevelopmental harms in children. Prenatal and early life exposure to chlorpyrifos is associated with elevated risks of reduced IQ, loss of working memory, delays in motor development, attention-deficit disorders, and structural changes in the brain.

(e) Children and pregnant women can be exposed to chlorpyrifos through residues on food, contaminated drinking water, and toxic spray drift from nearby pesticide applications. Exposure during pregnancy to even low levels of chlorpyrifos that caused only minimal cholinesterase inhibition (10 percent or less) in mothers can lead to measurable long-lasting and possibly permanent neurobehavioral and functional deficits in prenatally exposed children.

(f) Children experience greater exposure to chlorpyrifos and other pesticides, because, relative to adults, they eat and drink and breathe more in proportion to their body weight. A growing body of evidence shows that prenatal exposure to very low levels of chlorpyrifos can lead to lasting and possibly permanent neurological impairments.

105242.

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

105243.

 It is unlawful for a person to use a pesticide that contains the active ingredient chlorpyrifos in California.