AB 1603 – Here Comes Another Unwarranted Attack on Pesticides

AB 1603 (Schulz) has been introduced to the State Legislature and would require pesticides containing perfluoroalkyl and polyfluoroalkyl substances (PFAS) to be deemed “restricted materials beginning in July 2028 and then prohibit the application of these pesticides beginning in 2030.  What is most troubling here is the premise of the bill, that somehow use of these pesticides is exposing farmers, farmworkers and the general population to unmitigated contamination from PFAS.  This is simply not true. Before any active ingredient can be registered, the U.S. Environmental Protection Agency (US EPA) conducts extensive evaluations of human health, environmental fate, and ecological risk. In California, the California Department of Pesticide Regulation (Cal DPR) applies an additional layer of review that is widely recognized as the most stringent in the nation. Net, pesticides approved for use in California are among the most rigorously reviewed products in commerce, including for PFAS presence. Much of the push for this legislation is based on comments siting residue testing on fruits and vegetables where traces of PFAS were found.  However, those claims lack scientific context. These claims rely on DPR monitoring data but misinterpret what detection means in a regulatory framework. Detection of residues does not equate to risk. Regulatory frameworks are specifically designed to account for both hazard characteristics, such as persistence, and real-world exposure, ensuring that products meeting these standards do not pose unreasonable risks to human health or the environment. DPR and EPA establish tolerances with large built-in safety margins to ensure protection of consumers, including sensitive populations. Residue monitoring is specifically designed to confirm compliance with these safety thresholds. In 2023, of the 1,059 produce samples labeled as “grown in California,”  99% had pesticide residues below US EPA tolerance levels. Across all samples test, including organic and conventional, more than 97% of fruits and vegetables sold in California contained no detectable pesticide residues or residues below federal standards. AB 1603 would eliminate critical tools for California agriculture without alternatives and for absolutely no sound scientific reason. Rest assured, the Western Tree Nut Association (WTNA) has this at the top of our list of priorities we are fighting this year. 

For the tree nut industry in California, the following active ingredients would be restricted in 2028 and then prohibited in 2030: