Existing law authorizes the agricultural commissioner of a county to adopt regulations applicable in the county that are supplemental to those of the Director of Pesticide Regulation that govern the conduct of pest control operations and records and reports on those operations. Existing law authorizes the commissioner to adopt regulations on the agricultural use of any pesticide for agricultural production within one-quarter mile of a school with respect to the timing, notification, and method of application. Existing regulations restrict specified applications of pesticides made for the production of an agricultural commodity within one-quarter mile of a schoolsite.
Assembly Bill 1864 (AB 1864) provides new permits, protocols, and reports when using pesticides on an agricultural field of which any portion lies within one-quarter mile of a schoolsite. The Department of Pesticide Regulation must require a separate site identification number for the portion of an agricultural field that lies within one-quarter mile of a schoolsite.
The Department of Pesticide Regulation requires reporting on the specific anticipated method of applying the pesticide on permit applications for agricultural use of a pesticide designated as a restricted material, on notices of intent for use of a pesticide designated as a restricted material, and pesticide use reporting forms and procedures as they pertain to an agricultural field of which any portion lies within one-quarter mile of a schoolsite. Additionally, the allowable dates and times of the period during which the pesticide is to be applied must be included on the notices of intent and the exact date and time of the start and the end of the pesticide application must be included on the reporting forms and procedures.
AB 1864 requires the Director of the Department of Pesticide Regulation to evaluate a county’s pesticide use enforcement program, in order to evaluate the county’s effectiveness in enforcing specified laws and regulations regarding applying pesticides near schoolsites. The Director of the Department of Pesticide Regulation is required to expand the scope of specified related regulations to also apply to private schools serving pupils in kindergarten or any of grades 1 to 12, inclusive, with an enrollment of six (6) or more pupils on or before December 31, 2026.
The Department of Pesticide Regulation and the county agricultural commissioners will be required to use private school directory information and maps available on the internet website of the State Department of Education to determine the location of private schools serving pupils in kindergarten or any of grades 1 to 12, inclusive, with an enrollment of six (6) or more pupils.
(AB 1864 adds Article 17.5 (commencing with section 13189) to Chapter 2 of Division 7 of the Food and Agricultural Code.)