News Release

For Immediate Release:
February 26, 2008
Contact: Douglas MacLean
(916) 319-2016
Assemblymember Swanson Announces Bill To Protect Public’s Rights in Pesticide Spraying Regions

(Sacramento) - In response to State plans to begin aerial spraying pesticides against the Light Brown Apple Moth (LBAM), Assemblymember Swanson announced a bill today to ensure that the State informs and obtains the consent of populations that would be affected by the spraying.

“When we approach a decision to use aerial spray as a strategy, it’s imperative that we have voter consent. According to the Department of Food and Agriculture, these eradication campaigns could require up to 4 to 5 years. To think that people wouldn’t have a say in this decision is contrary to the intent of our State Constitution. That is why I have introduced AB2892.” Mr. Swanson stated.

AB 2892 would require the Secretary of Food and Agriculture to obtain the consent of registered voters of cities and counties affected by aerial applications of pesticide if the pest eradication zone includes any urban areas.

Added Mr. Swanson, “The public vetting process would ensure an opportunity for a thorough examination of any potential health consequences due to the pesticides used, and would also encourage an inquiry into how areas that are living with the LBAM, such as Australia and New Zealand, have been able to cope. Most importantly, we will ensure that the people are at the table in these deliberations.”

AB2892 joins four other pieces of related legislation, including:

AB 2763 (Laird) Requires the Department of Food and Agriculture to create a list of invasive animals, plants, and insects that have a reasonable likelihood of entering California for which an eradication program might be appropriate, and hold public hearings on this information. 

AB 2764 (Hancock) Will prohibit the Secretary of Food and Agriculture from approving the application of a pesticide in an urban area, unless the Governor has proclaimed a state of emergency. 
 
AB 2765 (Huff) sets new limits on the emergency powers of the Department of Agriculture.  The bill requires a public hearing to receive testimony and examine alternatives to aerial spraying prior to any decision to spray. 
 
AB 2760 (Leno) would require that an Environmental Impact Report be completed before the state Department of Food and Agriculture can apply pesticide in an urban area for the eradication of the light brown apple moth.
 
AB2892 will be heard in the Assembly Agriculture Committee. Its hearing date has not been set at this time.

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