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Assembly Bill 1717 (Assembly Committee on Agriculture - 2007)
Chapter 338, Statutes of 2007
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Increases, from two years to four years, the statute of limitations for actions brought by the Department of Pesticide Regulation against sellers of adulterated or misbranded pesticides. This bill makes other changes to existing law relating to structural pesticide operators.
This bill affords DPR more time to detect sales of adulterated or misbranded pesticides and to prepare civil actions against violators. Each pesticide product undergoes rigorous testing for a specified use, and is subsequently registered for that use. Current law provides for a four year statute of limitations for DPR to prosecute the sale of unregistered products. The statute of limitations for the sale of a misbranded or adulterated product is two years. If a product is registered by DPR for a specific use, and that use is inaccurately reflected on the product's label, it stands to reason that the misbranded or adulterated label should be treated as if the product, and its subsequent use, is an unregistered use. Therefore, misbranding or adulteration is tantamount to a lack of registration. Handling misbranded or adulterated and unregistered violations in a more uniform manner would provide for more efficient and consistent enforcement of the registration component of DPR's regulatory program. Fumigants used by structural pest control operators are highly toxic and dangerous materials. Due to serious public health incidents, tight registration is necessary. CACs are charged with enforcing pest control regulations, but currently have limited knowledge of where and when structural pest control operators are fumigating. This bill will provide the CAC with the necessary oversight in order to ensure proper notification and application of these toxic chemicals.