Cal. FAC § 12978.7 — California Code / Code fac / Division 7 / Chapter 2 / Article 10 / Section 12978.7
Section 12978.7
Status: in_force

(a) For purposes of this section, the following terms have the following meanings:

(1) “Chlorophacinone” means a pesticide product containing chlorophacinone.

(2) “Diphacinone” means a pesticide product containing diphacinone.

(3) “First-generation anticoagulant rodenticide” means a pesticide product containing any of the following active ingredients:

(A) Diphacinone.

(B) Chlorophacinone.

(C) Warfarin.

(4) “Integrated pest management” has the same meaning as defined in Section 11401.7.

(5) “Second-generation anticoagulant rodenticide” means a pesticide product containing any of the following active ingredients:

(A) Brodifacoum.

(B) Bromadiolone.

(C) Difenacoum.

(D) Difethialone.

(6) “Sustainable pest management” has the same meaning as defined in Section 11412.

(7) “Warfarin” means a pesticide product containing warfarin.

(8) “Wildlife habitat area” means a park or wildlife refuge managed by a state agency, regional government, or quasi-government agency, or by a special district.

(b) Except as provided in subdivision (g), and notwithstanding subdivisions (c), (d), and (e), the use of a second-generation anticoagulant rodenticide or first-generation anticoagulant rodenticide is prohibited in a wildlife habitat area.

(c) Except as provided in subdivision (g) or (h), the use of a second-generation anticoagulant rodenticide is prohibited in this state until the director makes the certification described in subdivision (i).

(d) Except as provided in subdivision (g) or (h), the use of diphacinone is prohibited in this state and diphacinone shall be considered a restricted material pursuant to Section 14004.5 until the director makes the certification described in subdivision (j).

(e) Except as provided in subdivision (g) or (h), the use of chlorophacinone or warfarin is prohibited in this state and chlorophacinone and warfarin shall be considered restricted materials pursuant to Section 14004.5. The director may suspend the prohibition if the director makes the certification described in subdivision (k). Nothing in this subdivision or subdivision (k) requires the department to suspend the prohibition on chlorophacinone or warfarin described in this subdivision, complete a reevaluation of chlorophacinone or warfarin, or adopt any additional restrictions on chlorophacinone or warfarin.

(f) State agencies are directed to encourage federal agencies to comply with subdivisions (b) to (e), inclusive.

(g) This section does not apply to any of the following:

(1) The use of a second-generation anticoagulant rodenticide or first-generation anticoagulant rodenticide by a governmental agency employee who complies with Section 106925 of the Health and Safety Code, who uses a second-generation anticoagulant rodenticide or first-generation anticoagulant rodenticide for public health activities.

(2) The use of a second-generation anticoagulant rodenticide or first-generation anticoagulant rodenticide otherwise prohibited by this section when used by an employee or contractor of a governmental agency or public utility, as defined in Section 216 of the Public Utilities Code, for purposes of protecting water supply and hydroelectric energy generating infrastructure and facilities in a manner that is consistent with all otherwise applicable federal and state laws and regulations.

(3) The use of a second-generation anticoagulant rodenticide or first-generation anticoagulant rodenticide by a mosquito or vector control district formed under Chapter 1 (commencing with Section 2000) of Division 3 or Chapter 8 (commencing with Section 2800) of Division 3 of the Health and Safety Code to protect the public health.

(4) The use of a second-generation anticoagulant rodenticide or first-generation anticoagulant rodenticide for the eradication of nonnative invasive species inhabiting or found to be present on offshore islands in a manner that is consistent with all otherwise applicable federal and state laws and regulations.

(5) The use of a second-generation anticoagulant rodenticide or first-generation anticoagulant rodenticide that the Department of Fish and Wildlife determines is required to control or eradicate an invasive rodent population for the protection of threatened or endangered species or their habitats.

(6) The use of a second-generation anticoagulant rodenticide or first-generation anticoagulant rodenticide to control an actual or potential rodent infestation associated with a public health need, as determined by a supporting declaration from the State Public Health Officer or a local public health officer. For purposes of this section, a public health need is an urgent, nonroutine situation posing a significant risk to human health in which it is documented that other rodent control alternatives, including nonchemical alternatives, are inadequate to control the rodent infestation.

(7) The use of a second-generation anticoagulant rodenticide or first-generation anticoagulant rodenticide for research that the department funds, pursuant to Section 6025.5, to protect the food system and the environment.

(8) The use of a second-generation anticoagulant rodenticide or first-generation anticoagulant rodenticide for research purposes related to the reevaluation described in paragraph (1) of subdivision (i), paragraph (1) of subdivision (j), or paragraph (1) of subdivision (k). Before using a second-generation anticoagulant rodenticide or first-generation anticoagulant rodenticide in the manner described in this paragraph, a written authorization for research shall be obtained from the director. The director may specify the conditions in the authorization for research under which the research shall be conducted. The director may terminate, amend, or refuse to issue an authorization for research if the director determines any of the following:

(A) The research may involve a hazard to the environment.

(B) The research may be used for purposes unrelated to pesticide data development.

(C) A violation of the authorization for research, prior authorization for research, or Division 6 (commencing with Section 11401) or this division, or a regulation adopted pursuant to either or both of those divisions, has occurred in connection with the research.

(h) (1) This section does not apply to the use of a second-generation anticoagulant rodenticide or first-generation anticoagulant rodenticide in either of the following locations:

(A) A medical waste generator, as defined in Section 117705 of the Health and Safety Code.

(B) A facility registered annually and subject to inspection under Section 510 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. Sec. 360 et seq.) and compliant with the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. Sec. 136 et seq.).

(2) The prohibitions in subdivisions (c), (d), and (e) do not apply to the use of a second-generation anticoagulant rodenticide or first-generation anticoagulant rodenticide for agricultural activities, as defined in Section 564.

(3) For purposes of paragraph (2), “agricultural activities” include activities conducted in any of the following locations:

(A) A warehouse used to store foods for human or animal consumption.

(B) An agricultural food production site, including, but not limited to, a slaughterhouse or cannery.

(C) A factory, brewery, or winery.

(D) An agricultural production site housing water storage and conveyance facilities.

(E) An agricultural production site housing rights-of-way and other transportation infrastructure.

(i) After the director determines that both of the following conditions have occurred, the director shall certify to the Secretary of State that determination:

(1) The department has completed the reevaluation of second-generation anticoagulant rodenticides, as commenced by the department on March 12, 2019, pursuant to California Notice 2019-03 (“Notice of Final Decision to Begin Reevaluation of Second-Generation Anticoagulant Rodenticides”).

(2) Consistent with the requirements of this division and regulations adopted pursuant to this division, the department, in consultation with, and with the concurrence of, the Department of Fish and Wildlife, has adopted any additional restrictions that are necessary to ensure a trend of statistically significant reductions in the percentage of wildlife exposed or mean concentration values of detectable levels of second-generation anticoagulant rodenticides or any of their metabolites in tested tissues of a scientifically representative sample of wildlife. These restrictions shall include a requirement to implement sustainable pest management and integrated pest management practices, such as biological control, habitat manipulation, and modification of cultural practices, before the use of second-generation anticoagulant rodenticides. The department, in concurrence with the Department of Fish and Wildlife, shall make a finding that the restrictions are necessary based on the best available science, which may include reviewing data and studying samples of certain species and their populations as proxies for all potentially impacted species and populations.

(j) After the director determines that both of the following conditions have occurred, the director shall certify to the Secretary of State that determination:

(1) The department has completed any pending reevaluation of diphacinone.

(2) Consistent with the requirements of this division and regulations adopted pursuant to this division, the department, in consultation with, and with the concurrence of, the Department of Fish and Wildlife, has adopted any additional restrictions that are necessary to ensure a trend of statistically significant reductions in the percentage of wildlife exposed or mean concentration values of detectable levels of diphacinone or any of its metabolites in tested tissues of a scientifically representative sample of wildlife. These restrictions shall include a requirement to implement sustainable pest management and integrated pest management practices, such as biological control, habitat manipulation, and modification of cultural practices, before the use of diphacinone. The department, in concurrence with the Department of Fish and Wildlife, shall make a finding that the restrictions are necessary based upon the best available science, which may include reviewing data and studying samples of certain species and their populations as proxies for all potentially impacted species and populations. Substantial evidence supporting the restrictions, including any requirement to implement alternatives, shall, to the extent feasible, include, but not be limited to, analysis regarding exposure pathways, sublethal effects, species sensitivity, and the cumulative and synergistic effects of exposure to anticoagulant rodenticides, including lethal and sublethal effects on wildlife, including rare, sensitive, special status, threatened, or endangered species.

(k) If the director determines that both of the following conditions have occurred, the director shall certify to the Secretary of State that determination:

(1) The department has completed a reevaluation of chlorophacinone or warfarin, respectively.

(2) Consistent with the requirements of this division and regulations adopted pursuant to this division, the department, in consultation with, and with the concurrence of, the Department of Fish and Wildlife, has adopted any additional restrictions necessary to ensure a trend of statistically significant reductions in the percentage of wildlife exposed or mean concentration values of detectable levels of chlorophacinone or warfarin, respectively, or any of their metabolites, in tested tissues of a scientifically representative sample of wildlife. These restrictions shall include a requirement to implement sustainable pest management and integrated pest management practices, such as biological control, habitat manipulation, and modification of cultural practices, before the use of chlorophacinone or warfarin, respectively. The department, in concurrence with the Department of Fish and Wildlife, shall make a finding that the restrictions are necessary based on the best available science, which may include reviewing data and studying samples of certain species and their populations as proxies for all potentially impacted species and populations. Substantial evidence supporting the restrictions, including any requirement to implement alternatives, shall, to the extent feasible, include, but not be limited to, analysis regarding exposure pathways, sublethal effects, species sensitivity, and the cumulative and synergistic effects of exposure to anticoagulant rodenticides, including lethal and sublethal effects on wildlife, including rare, sensitive, special status, threatened, or endangered species.