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California Department of Pesticide Regulation

February 2007

New California Pesticide Law - Medical Reimbursement for

Non-Occupational Drift

Medical Reimbursement Law –

SB391 added Section 12997.5

Requires reimbursement of medical costs if ALL of the following occur:

- Non-occupational situation

- Resulted from production agric application

- Misuse (violation) caused an acute illness or injury

- Victim sought immediate medical attention

- Medical costs not covered by insurance etc

Medical Reimbursement Law

The new law also added Section 12996.5(b) which states that each exposed person can be a separate violation.

Medical Reimbursement Law

The new law also added Section 12997.7 which requires Cal/EPA hq, in conjunction with other agencies, such as the Office of Emergency Services (OES) to develop protocols for their local area plans to include pesticide drift exposure response.

OES is proposing regulations.

Medical Reimbursement Law

DPR developed a Pesticide Incident Reimbursement Law Implementation Guidance document.

County Agric. Commissioner (CAC) Role in Implementation

In California, county staff are the local enforcement for pesticide use. The Dept of Pesticide Regulation DPR oversees and provides guidance.

CAC conducts the investigation and takes appropriate action in a timely manner; attempts to complete the determination within 45 days of incident

CAC properly collects evidence, identifies violations and their elements, identifies violators and victims to best of their ability.

WHAT’S IN THE NARRATIVE?

Summary of statements•

respondent & witnesses-

Investigator’s observations•

Investigator’s findings•

Implementation Guidance Document

Investigations Separate Violations Penalty Reductions Uncompensated Medical Costs Protocol Development for Emergency

Response by Office of Emergency Services

California state law requires applicators to use pesticides in a manner to prevent “substantial drift” to nontarget areas

Determination of substantial drift depends on whether applicator used “due care”

Applicator must establish if there is reasonable possibility of harm or damage before deciding whether to use pesticide

Drift

Drift incidents and illnesses

Investigate each incident or complaint

DPR collects and analyzes pesticide illness reports. Report available at http://www.cdpr.ca.gov/docs/whs/pisp.htm

Drift Deserves Attention

In California: Suburbs going into traditionally agric. areas Public generally more aware of,

and concerned about, exposure to toxins Agriculture is a large industry,

year-round season. Problems and concerns have

sharpened media, legislative, and regulatory focus

Drift Getting More Attention

Recent Regulation Changes

In 2005, California DPR and the County Agricultural Commissioners Association issued Enforcement Response Policy which increased fines for repeat violations

In 2006, regulations were put into place to strengthen enforcement

Questions?