Provisions in the final draft of Bill 2491 are as follows:
Mandatory disclosure of pesticides and GMOs
All commercial agricultural companies that purchased or used in excess of five pounds or 15 gallons of any single restricted-use pesticide during the calendar year must disclose the use of all pesticides during the following year.
A Worker Protection Standard requires companies to post warning signs in the area in which pesticides are to be applied no sooner than 24 hours before the scheduled application.
“Good Neighbor Courtesy Notices” must be provided to any interested party within 1,500 feet of an agricultural entity’s property line where pesticides are to be applied.
Each company must submit weekly public disclosure reports, compiling the actual application of all pesticides during the prior week. The reports must contain application date, time, field number, total acreage, trade name of pesticide used, registration number, active ingredients, amount used, and temperature, wind direction and wind speed at time of application. The reports will be posted on the county’s website.
Each company must establish an emergency response hotline to be made available to any licensed physician or nurse practitioner. Within six hours of a request, the company will be required to provide detailed information regarding all pesticide applications related to a medical incident.
Companies that intentionally or knowingly possess GMOs must disclose their presence via annual public reports to the Office of Economic Development. The reports will be posted on the county website.
Pesticide buffer zones
No crops may be grown within 500 feet of any adult family boarding home, adult family group living home, day care center, family care home, family child care home, medical facility, nursing home, residential care home or school.
No crops may be grown with 250 feet of any park, with the exception of a mature orchard serving as a windbreak.
With a few exceptions, no crops may be grown within 500 feet of any dwelling.
No crops may be grown within 100 feet of any public roadway, unless the ag company posts notification signage 24 hours before the scheduled application.
No crops may be grown within 100 feet of any shoreline or perennial waterway that flows into the ocean.
Environmental and Public Health Impact Study (EPHIS)
The county will complete a study through a two-part community based process to address key environmental and public health questions related to large-scale commercial ag companies utilizing pesticides and GMOs. The EPHIS may make recommendations that include possible actions the county may take in order to address any significant effects, public health impacts, or both.
Penalties
Any person, firm or corporation violating the bill’s provisions shall be assessed a civil fine of $10,000 to $25,000 per day, per violation. Additionally, any violator shall be guilty of a misdemeanor, punishable by a fine of up to $2,000 or one year in jail for each offense.
