2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 2 - Pesticides › ARTICLE 10 - Recommendations and Usage › Section 12978.7.

12978.7. (a) For purposes of this section, the following terms have the following meanings:
(1) “Diphacinone” means any pesticide product containing diphacinone.
(2) “Integrated pest management” means an ecosystem-based strategy that focuses on long-term prevention of pests or their damage through a combination of techniques, such as biological control, habitat manipulation, modification of cultural practices, and use of resistant varieties. Pesticides are used only after monitoring indicates pesticides are needed according to established guidelines, and treatments are made with the goal of removing only the target organism. Pest control materials are selected and applied in a manner that minimizes risks to human health, beneficial and nontarget organisms, and the environment.
(3) “Second-generation anticoagulant rodenticide” means any pesticide product containing any of the following active ingredients:
(A) Brodifacoum.
(B) Bromadiolone.
(C) Difenacoum.
(D) Difethialone.
(4) “Wildlife habitat area” means any 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 (f), and notwithstanding subdivision (c), the use of any second-generation anticoagulant rodenticide or diphacinone is prohibited in a wildlife habitat area.
(c) Except as provided in subdivision (f) or (g), the use of any second-generation anticoagulant rodenticide is prohibited in this state until the director makes the certification described in subdivision (h).
(d) Except as provided in subdivision (f) or (g), 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 (i).
(e) State agencies are directed to encourage federal agencies to comply with subdivisions (b) to (d), inclusive.
(f) This section does not apply to any of the following:
(1) The use of second-generation anticoagulant rodenticides or diphacinone by any governmental agency employee who complies with Section 106925 of the Health and Safety Code, who uses second-generation anticoagulant rodenticides or diphacinone for public health activities.
(2) The use of second-generation anticoagulant rodenticides or diphacinone otherwise prohibited by this section when used by any governmental agency employee for the purposes of protecting water supply infrastructure and facilities in a manner that is consistent with all otherwise applicable federal and state laws and regulations.
(3) The use of second-generation anticoagulant rodenticides or diphacinone 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 any second-generation anticoagulant rodenticides or diphacinone 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 any second-generation anticoagulant rodenticide or diphacinone 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 any second-generation anticoagulant rodenticide or diphacinone 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 any second-generation anticoagulant rodenticide or diphacinone for research purposes related to the reevaluation described in paragraph (1) of subdivision (h) or paragraph (1) of subdivision (i). Before using a second-generation anticoagulant rodenticide or diphacinone 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.
(g) (1) This section does not apply to the use of second-generation anticoagulant rodenticides or diphacinone 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) This section does not apply to the use of second-generation anticoagulant rodenticides or diphacinone 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.
(h) 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 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 may include a requirement to implement alternatives, such as integrated pest management, 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 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.
(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 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 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 may include a requirement to implement alternatives, such as integrated pest management, 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.
(Amended by Stats. 2023, Ch. 836, Sec. 2. (AB 1322) Effective January 1, 2024.)