SECTIONS 14021-14027 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 14021-14027

14021. (a) As used in this article, "pesticide" is defined in
Section 12753.
(b) For purposes of this article, "toxic air contaminant" means an
air pollutant that may cause or contribute to an increase in
mortality or an increase in serious illness, or which may pose a
present or potential hazard to human health. Pesticides that have
been identified as hazardous air pollutants pursuant to Section 7412
of Title 42 of the United States Code shall be identified by the
director as toxic air contaminants.

14022. (a) In consultation with the State Department of Health
Services and the State Air Resources Board, the director shall
evaluate the health effects of pesticides which may be or are emitted
into the ambient air of California and which may be determined to be
a toxic air contaminant which poses a present or potential hazard to
human health. Upon request of the State Air Resources Board, the
director shall include a pesticide for evaluation.
(b) The director shall complete the evaluation of a pesticide
within 90 days after receiving the scientific data specified in
subdivision (c) from the State Department of Health Services and the
State Air Resources Board. The director may extend the 90-day
deadline for a period not to exceed 30 days if the director transmits
to the Assembly Committee on Rules and the Senate Committee on
Rules, for transmittal to the appropriate standing, select, or joint
committee of the Legislature, a statement of reasons for extension of
the deadline.
(c) In conducting this evaluation, the director shall consider all
available scientific data, including, but not limited to, relevant
data provided by the State Department of Health Services, the
Occupational Safety and Health Division of the Department of
Industrial Relations, international and federal health agencies,
private industry, academic researchers, and public health and
environmental organizations. At the request of the director, the
State Air Resources Board shall document the level of airborne
emissions and the State Department of Health Services shall provide
an assessment of related health effects of pesticides which may be
determined to pose a present or potential hazard and each agency
shall provide technical assistance to the department as it conducts
its evaluation.
(d) The director may request, and any person shall provide,
information on any substance which is or may be under evaluation and
which is manufactured, distributed, or used by the person to whom the
request is made, in order to carry out his or her responsibilities
pursuant to this chapter. Any person providing information pursuant
to this subdivision shall, at the request of the director, identify
that portion of the information submitted to the department which is
a trade secret and, upon the request of the director, shall provide
documentation to support the claim of the trade secret. Information
supplied which is a trade secret, as specified in Section 6254.7 of
the Government Code, and which is so marked at the time of submission
shall not be released to the public by the director, except in
accordance with Section 1060 of the Evidence Code and Section 21160
of the Public Resources Code.
(e) The director shall give priority to the evaluation and
regulation of substances based on factors related to the risk of harm
to public health, amount or potential amount of emissions, manner of
usage of the pesticide in California, persistence in the atmosphere,
and ambient concentrations in the community.

14023. (a) Upon completion of the evaluation conducted pursuant to
Section 14022, the director shall, in consultation and with the
participation of the State Department of Health Services, prepare a
report on the health effects of the pesticide which may be determined
to be a toxic air contaminant which poses a present or potential
hazard to human health due to airborne emission from its use. The
report shall assess the availability and quality of data on health
effects, including potency, mode of action, and other relevant
biological factors, of the substance. The report shall also contain
an estimate of the levels of exposure which may cause or contribute
to adverse health effects and, in the case where there is no
threshold of significant adverse health effects, the range of risk to
humans, resulting from current or anticipated exposure. The report
shall include the findings of the State Department of Health
Services. The report shall be made available to the public, subject
to subdivision (d) of Section 14022.
(b) The report prepared pursuant to subdivision (a) shall be
formally reviewed by the scientific review panel established
according to Section 39670 of the Health and Safety Code. The
director shall also make available the data deemed necessary to the
scientific review panel, according to departmental procedures
established to ensure confidentiality of proprietary information. The
panel shall review, as appropriate, the scientific data on which the
report is based, the scientific procedures and methods used to
support the data, and the conclusions and assessments on which the
report is based. The panel shall submit its written findings to the
director within 45 days after receiving the report, but it may
petition the director for an extension of the deadline, which may not
exceed 15 working days.
(c) If the scientific review panel determines that the health
effects report is seriously deficient, the report shall be returned
to the director who shall revise and resubmit the report, within 30
days following receipt of the panel's determination, to the panel
prior to development of emission control measures.
(d) Within 10 working days following receipt of the findings of
the scientific review panel pursuant to subdivision (b), the director
shall prepare a hearing notice and a proposed regulation which shall
include the proposed determination as to whether a pesticide is a
toxic air contaminant. After conducting a public hearing pursuant to
Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3
of Title 2 of the Government Code, the director shall list, by
regulation, pesticides determined to be toxic air contaminants.
(e) The director shall determine, in consultation with the State
Department of Health Services, the State Air Resources Board, and the
air pollution control districts or air quality management districts
in the affected counties, the need for and appropriate degree of
control measures for each pesticide listed as a toxic air contaminant
pursuant to subdivision (d). Any person may submit written
information for consideration by the director in making
determinations on control measures.

14024. (a) For those pesticides for which a need for control
measures has been determined pursuant to subdivision (e) of Section
14023 and pursuant to provisions of this code, the director, in
consultation with the agricultural commissioners and air pollution
control districts and air quality management districts in the
affected counties, shall develop control measures designed to reduce
emissions sufficiently so that the source will not expose the public
to the levels of exposure which may cause or contribute to
significant adverse health effects. Where no demonstrable safe level
or threshold of significant adverse health effects has been
established by the director, the control measures shall be designed
to adequately prevent an endangerment of public health through the
application of best practicable control techniques.
(b) Best practicable control techniques may include, but are not
limited to, the following:
(1) Label amendments.
(2) Applicator training.
(3) Restrictions on use patterns or locations.
(4) Changes in application procedures.
(5) Reclassification as a restricted material.
(6) Cancellation.
(c) After conducting a public hearing pursuant to Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code, the director shall adopt, by regulation,
control measures, including application of the best practicable
control techniques enumerated in subdivision (b) or any other best
applicable control technique, for those pesticides for which a need
has been determined.

14025. Any person may petition the department to review a
determination made pursuant to this article. The petition shall
specify the additional scientific evidence regarding the health
effects of a pesticide which was not available at the time the
original determination was made and any other evidence which would
justify a revised determination.

14026. Nothing in this article shall be construed to limit or
expand the department's authority regarding pesticides which are not
determined to be toxic air contaminants.

14027. (a) Notwithstanding Section 12998, any person who violates
any rule or regulation, emission limitation, or permit condition
adopted pursuant to this article is liable for a civil penalty not to
exceed ten thousand dollars ($10,000) for each day in which the
violation occurs. In assessing a civil penalty under this article,
the court shall consider the appropriateness of the penalty with
respect to the following factors:
(1) The size of the business of the person being charged.
(2) The gravity of the violation.
(3) The good faith of the person being charged.
(4) The history of previous violations.
Any money recovered under this section shall be paid into the
Department of Food and Agriculture Fund for use by the department in
administering this division and Division 6 (commencing with Section
11401).
(b) Liability may be imposed under subdivision (a) only if the
department establishes that the violation was caused by an act which
was the result of intentional or negligent conduct by the person
accused of the violation.