2009 California Food and Agricultural Code - Section 5260-5267 :: Chapter 4.5. Invasive Pest Planning

5260.  The Legislature hereby finds and declares all of the
following:
   (a) Global travel, global trade, and climate change are
introducing invasive animals, plants, insects, and plant and animal
diseases to California.
   (b) The State of California should undertake advance planning on
whether and how to address those invasive animals, plants, insects,
and plant and animal diseases that are a threat to the state's
agriculture, environment, or economy.
   (c) The Legislature fully recognizes that any prediction of which
invasive pests will enter California cannot be precise because of the
many entry mechanisms.

5260.5.  For purposes of this chapter, "invasive pests" means
animals, plants, insects, and plant and animal diseases or groups of
those animals, plants, insects, and plant and animal diseases,
including seeds, eggs, spores, or other matter capable of
propagation, where introduction into California would or would likely
cause economic or environmental harm. "Invasive pests" does not
include agricultural crops, livestock, or poultry generally
recognized by the department or the United States Department of
Agriculture as suitable to be grown or raised in the state.

5261.  The department shall develop and maintain a list of invasive
pests that have a reasonable likelihood of entering California for
which a detection, exclusion, eradication, control, or management
action by the state might be appropriate. In developing the list, the
department shall consider any invasive pests identified by the
federal or state government for which a detection, exclusion,
eradication, control, or management action might be undertaken.

5262.  (a) Based on available funding, the department shall develop
and maintain a written plan on the most appropriate options for
detection, exclusion, eradication, control, or management of the
higher priority invasive pests on the list prepared pursuant to
Section 5261. In determining which invasive pests are the higher
priority and in developing the most appropriate options for
detection, exclusion, eradication, control, or management, the
department shall consult with the United States Department of
Agriculture, the University of California, other state agencies and
departments, and others in the scientific and research community. In
implementing this chapter, the department may undertake or contract
for scientific research with the University of California or other
institutions of higher learning. The plan shall include both of the
following:
   (1) A discussion of the state not acting to detect, exclude,
eradicate, control, or manage the invasive pest.
   (2) The identification and description of the most appropriate
options for detection, exclusion, eradication, control, or management
of the invasive pest.
   (b) If the department determines that aerial application of
pesticides would be among the more appropriate responses, the plan
shall contain a discussion of all of the following:
   (1) The pesticides that would likely be the most appropriate.
   (2) The concentrations of those pesticides.
   (3) How often pesticide use would be necessary.
   (4) A list of each active ingredient and inert material, to the
extent that the disclosure of the inert material is permitted by
state and federal law.
   (5) A summary of up-to-date scientific information on the impacts
of the pesticide and its inert materials on all of the following:
   (A) Healthy children and adults.
   (B) Children and adults with compromised health.
   (C) Domestic animals.
   (D) Fish and wildlife.
   (E) Public health and the environment, including drinking water.
   (c) The State Department of Public Health, the Department of Fish
and Game, the Office of Environmental Health Hazard Assessment, the
Department of Boating and Waterways, the Department of Forestry and
Fire Protection, the State Water Resources Control Board, and the
Department of Pesticide Regulation shall participate in the
preparation of the plan in their areas of expertise. The Office of
Environmental Health Hazard Assessment shall include an analysis of
the risks of using the pesticide and its inert material.
   (d) In developing the plan, the department shall hold public
hearings that shall include a presentation by the department and the
opportunity for public comment and establish a process for submittal
of public comment. Following the public hearing, the department shall
reassess the appropriateness of the response and may revise the
response and may hold additional public hearings.
   (e) The plan shall include a characterization of the number of and
the nature of the public comments received pursuant to subdivision
(d).
   (f) The department shall make the plan available to the public,
including making it available on the department's Internet Web site.

5263.  If the department determines that an invasive pest identified
on the list developed pursuant to Section 5261 has entered the
state, the department shall notify the Governor, the governing boards
of affected cities and counties, and county agricultural
commissioners.

5264.  If the department determines that an invasive pest has
entered the state and the urban aerial application of a pesticide, or
a communitywide ground application of a pesticide, is the preferred
eradication, control, or management response, the department shall
advise the Governor and provide the Governor with a copy of the plan
for that invasive pest. If a plan has not been prepared for that
invasive pest, the department shall consult with the appropriate
agencies and shall advise the Governor of the lack of a plan and
advise the Governor of the best available options.

5265.  If the department determines that an invasive pest has
entered the state, and an urban aerial application of a pesticide, or
a communitywide ground application of a pesticide, is the selected
response, the department shall do all of the following:
   (a) Notify the governing boards of affected cities and counties
and their agricultural commissioners and health officers.
   (b) Notify the public of all of the following:
   (1) The existence of the invasive pest.
   (2) The consequences of not eradicating, controlling, or managing
the invasive pest.
   (3) The active ingredient and inert material of the pesticide, to
the extent that the disclosure of the inert material is permitted by
state and federal law.
   (4) The method or methods of applying the pesticide.
   (5) The implications of the use of the pesticide and the inert
materials on human health, domestic animals, fish and wildlife, and
the environment.
   (c) Hold public hearings in areas subject to aerial application of
the pesticide or communitywide ground application of the pesticide.
   (d) Establish a telephone hotline for the public to report adverse
health consequences and a process to evaluate and respond to adverse
health consequences.

5266.  This program established by this chapter may only be funded
with federal funds.

5267.  This chapter does not apply to the following:
   (a) The State Department of Public Health and local vector control
agencies providing services in accordance with Section 116180 of the
Health and Safety Code.
   (b) Mosquito abatement and vector control districts authorized
under Chapter 1 (commencing with Section 2000) of Division 3 of the
Health and Safety Code.