110080
. (a) All pesticide regulations and any amendments to these
regulations adopted pursuant to the federal act or the Food and
Agricultural Code, in effect on November 23, 1970, or adopted on or
after this date, are the pesticide regulations in this state. The
department may, by regulation, prescribe tolerances for pesticides in
processed foods in this state whether or not these tolerances are in
accordance with the regulations adopted pursuant to the federal act
or the Food and Agricultural Code.
(b) Except as otherwise provided in this subdivision, the
department shall evaluate the tolerance prescribed, or an exemption
from a tolerance granted, for a pesticide in processed foods and make
a determination whether or not the existing tolerance, or the
exemption from a tolerance, is protective of the public health
whenever any one of the following occurs:
(1) The Director of Food and Agriculture designates the pesticide
as a restricted material pursuant to subdivisions (a) and (b) of
Section 14004.5 of the Food and Agricultural Code.
(2) The Director of Food and Agriculture refuses to register or
cancels the registration of the pesticide pursuant to Section 12825,
or suspends the registration of the pesticide pursuant to Section
12826, of the Food and Agricultural Code, upon determining that the
pesticide is detrimental to the public health and safety.
(3) The Director of Food and Agriculture adopts regulations
restricting worker entry into areas treated with the pesticide
pursuant to Section 12981 of the Food and Agricultural Code.
(4) The pesticide is the subject of a proceeding pursuant to a
determination by the Environmental Protection Agency under paragraph
(3)(i)(A), (3)(ii)(A), (3)(ii)(B), or (3)(iii) of subsection (a) of
Section 162.11 of Title 40 of the Code of Federal Regulations.
The requirement to evaluate a tolerance prescribed, or an
exemption from a tolerance granted, for a pesticide does not apply if
the department finds that any of the actions described in paragraphs
(1) to (4), inclusive, occurred for reasons that are not related to
the question whether or not the existing tolerance, or the exemption
from a tolerance, adequately protects the public health. If the
department makes such a finding, the reasons for the finding shall be
stated in writing.
(c) The determination required by subdivision (b), and the reasons
for the determination, shall be stated in writing. If the
determination is required because any of the actions described in
paragraphs (1) to (4), inclusive, of subdivision (b) occurs after
January 1, 1985, the determination shall be completed within one year
of the date of the action. If the determination is required because
any of those actions occurred prior to January 1, 1985, the
determination shall be completed by January 1, 1990.
(d) In any case where the department, after consultation with the
Department of Food and Agriculture, determines, pursuant to
subdivision (b), that the tolerance prescribed, or an exemption from
a tolerance granted, for a pesticide is not protective of the public
health, the department shall, if it does not act immediately pursuant
to subdivision (a), transmit notice of its determination to the
responsible federal agencies and shall request that they take action,
pursuant to the federal act, to modify the tolerance or an exemption
from a tolerance. If, after one year from the date the notice is
transmitted, the department finds that the responsible federal
agencies have failed to take appropriate action to protect the public
health, the department shall exercise its authority pursuant to
subdivision (a) to prescribe a tolerance that is protective of the
public health and shall notify the responsible federal agencies of
its action.