California Attorney General Opinion 21-1001

BACKGROUND

In this opinion, we consider whether a county may adopt ordinances to regulate the use of pesticides, or otherwise adopt policies to address the environmental impacts of pesticides, in the coastal zone to implement a Local Coastal Program under the California Coastal Act. We begin by reviewing the applicable legal principles.

State law preempts local government attempts to prohibit or regulate the registration, sale, transportation, or use of pesticides without the approval of the Department of Pesticide Regulation. California’s Food and Agricultural Code establishes a statutory scheme governing the use of pesticides. 1 Its purposes include protecting public health, worker safety, and the environment; authorizing the issuance of permits for

1 Food & Agr. Code, §§ 11401-14103.

2 21-1001 controlled pesticide use; ensuring proper labeling of pesticides; and encouraging the development of less harmful pest control methods.

To further these purposes, the Legislature has established the Department of Pesticide Regulation within the California Environmental Protection Agency. 3 The Department’s mission is to protect the environment and human health by regulating…