Minor Crop Registrations SB445 (Monteith) AMENDED 7/22/97

Sponsor: DPR
Release Date: August, 1997
Contact: Steven C. Monk, Legislative Coordinator, Department of Pesticide Reulation, phone (916) 445-4000

SUMMARY:

SB 445 would grant the Department of Pesticide Regulation (DPR) the authority to exempt certain minimal risk pesticides from all or part of California's registration and other regulatory requirements if the pesticide has been exempted by the U.S. Environmental Protection Agency (U.S. EPA) from all or part of the federal pesticide regulatory process.

BACKGROUND:

The U.S. EPA has the authority to exempt any pesticide from the federal pesticide registration requirements when it determines that either: (1) the pesticide is adequately regulated by another federal agency; or (2) the pesticide is of a character which is unnecessary to be subject to federal pesticide registration requirements.

PROBLEM:

On May 6, 1996, U.S. EPA exempted a group of 30 pesticide active ingredients which U.S. EPA considered to be of low risk when used singly or in combination with select inert ingredients. U.S. EPA has also indicated that it plans to exempt additional active ingredients in the future. In exempting from registration the list of 30 active ingredients, U.S. EPA created a problem for state agencies that regulate pesticides. The Director of DPR does not have the same authority in the Food and Agricultural Code to exempt pesticide products from the State registration process. However, under current statute, the Director can, through regulations, allow the sale, possession, and use of unregistered pesticide products.

In the past, U.S. EPA's infrequent use of its exemption authority minimized the need for states to have statutory or regulatory procedures to respond to such exemptions. However, because of the number of active ingredients involved, this most recent set of exemptions makes it necessary for DPR to develop a more formal means of either recognizing and adopting U.S. EPA's exemptions, when DPR agrees that such exemptions are appropriate, or indicating that DPR intends to continue to regulate such products.

ANALYSIS:

SB 445 would provide DPR's Director with the authority to exempt, from all or part of California's pesticide regulatory program requirements, any pesticide exempted from federal requirements pursuant to FIFRA section 25(b) because U.S. EPA determined it to be "of a character unnecessary to be subject to that act". Before exempting a pesticide product, the bill would require the Director to individually evaluate each listed substance exempted pursuant to federal authority and concur with U.S. EPA's decision to exempt that substance. Any such exemptions proposed by DPR would be adopted through the rulemaking process. DPR's Director could not exempt provisions of the regulatory program necessary to ensure public health and environmental protections, and the director would retain authority to regulate any exempted pesticide whether registered or not.