Reevaluation Reforms SB 603 (Monteith) Amended 7/22/97

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

SUMMARY:

SB 603 would require the Department of Pesticide Regulation (DPR) to conduct both a thorough and a "timely" evaluation of all submitted applications for registration of a pesticide product. DPR currently has the authority to require manufacturers of pesticide products to conduct or finance required tests. The bill expands this provision to allow other parties interested in the pesticide registration to conduct and/or finance the required studies. In addition, the bill expands the Director of DPR's authority to cancel the registration of a pesticide product to include failure on the part of a registrant to comply with the requirements of a reevaluation.

BACKGROUND:

Food and Agricultural Code (FAC) section 12824 requires DPR to thoroughly evaluate a substance before registering it as a pesticide for the first time. In addition, FAC section 12824 authorizes DPR to establish performance standards, and tests that are to be conducted or financed, or both, by the manufacturer of those pesticides. FAC section 12825 sets forth criteria under which the Director may cancel the registration of a currently registered pesticide product or refuse to register a new pesticide product. Currently, FAC section 12825 (h) states that the Director may cancel the registration of a pesticide product if the registrant of the product fails to submit data required by regulation as a part of a reevaluation.

PROBLEM:

It is incumbent upon DPR to review applications for registration of a pesticide product in a timely manner, which ultimately results in the availability of pesticide products for use in California within a shorter time period. A thorough and efficient pesticide registration process helps California growers compete with growers in other states. However, existing law only emphasizes thoroughness not timeliness. Also, current law only authorizes manufacturers of pesticides to conduct or fund needed studies. In reality, pesticide users, for example agricultural commodity groups, have a serious interest in assisting registrants to meet California data requirements. Such entities should have an opportunity to do so. In addition, DPR needs the authority to cancel the registration of a pesticide product for failure on the part of the registrant to comply with any requirement of a reevaluation, not just failing to submit required data, and we need to clarify that requirements of a reevaluation are not set by regulation.

ANALYSIS:

SB 603 directs DPR to conduct its review of pesticide products in a timely, as well as thorough manner. The bill also amends FAC section 12824 to acknowledge that studies required by DPR may be conducted or financed, or both conducted and financed by registrants, applicants for registration, or parties interested in the registration of a pesticide product. In addition, the bill expands DPR's cancellation authority to include a failure on the part of the registrant to comply with any of the requirements of a reevaluation.