Section 14022 Of Article 1.5. Pesticides From California Food And Agricultural Code >> Division 7. >> Chapter 3. >> Article 1.5.
14022
. (a) In consultation with the Office of Environmental Health
Hazard Assessment and the State Air Resources Board, the director
shall evaluate the health effects of pesticides that may be or are
emitted into the ambient air of California and that may be determined
to be a toxic air contaminant that poses a present or potential
hazard to human health. Upon request of the State Air Resources
Board, the director shall include a pesticide for evaluation.
(b) The director shall complete the evaluation of a pesticide
within 90 days after receiving the scientific data specified in
subdivision (c) from the Office of Environmental Health Hazard
Assessment and the State Air Resources Board. The director may extend
the 90-day deadline for a period not to exceed 30 days if the
director transmits to the Assembly Committee on Rules and the Senate
Committee on Rules, for transmittal to the appropriate standing,
select, or joint committee of the Legislature, a statement of reasons
for extension of the deadline.
(c) In conducting this evaluation, the director shall consider all
available scientific data, including, but not limited to, relevant
data provided by the Office of Environmental Health Hazard
Assessment, the Occupational Safety and Health Division of the
Department of Industrial Relations, international and federal health
agencies, private industry, academic researchers, and public health
and environmental organizations. At the request of the director, the
State Air Resources Board shall document the level of airborne
emissions and the Office of Environmental Health Hazard Assessment
shall provide an assessment of related health effects of pesticides
that may be determined to pose a present or potential hazard and each
agency shall provide technical assistance to the department as it
conducts its evaluation.
(d) The director may request, and any person shall provide,
information on any substance that is or may be under evaluation and
that is manufactured, distributed, or used by the person to whom the
request is made, in order to carry out his or her responsibilities
pursuant to this chapter. Any person providing information pursuant
to this subdivision shall identify, at the request of the director,
that portion of the information submitted to the department that is a
trade secret and, upon the request of the director, shall provide
documentation to support the claim of the trade secret. Information
supplied that is a trade secret, as specified in Section 6254.7 of
the Government Code, and that is so marked at the time of submission
shall not be released to the public by the director, except in
accordance with Section 1060 of the Evidence Code and Section 21160
of the Public Resources Code.
(e) The director shall give priority to the evaluation and
regulation of substances based on factors related to the risk of harm
to public health, amount or potential amount of emissions, manner of
usage of the pesticide in California, persistence in the atmosphere,
and ambient concentrations in the community.