Special Notice / Hearing: None__
Vote Required: Majority
To: Honorable Board of Supervisors
From: Supervisor Ray Mueller, District 3
Subject: Prohibition on participation in incentive programs offered by the manufacturer or vendor of herbicide or pesticide products by County contractors when providing vegetation management services for County projects on County lands
RECOMMENDATION:
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Adopt a resolution prohibiting County contractors from participating in incentive programs offered by the manufacturer or vendor of any herbicide or pesticide products when providing vegetation management services for County projects on County lands.
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BACKGROUND:
When managing vegetation on County lands, including in our parks, County departments utilize Integrated Pest Management (IPM), which is an ecosystem and science-based stewardship strategy that focuses on the efficient and long-term prevention of pests or their degradation of ecosystems through a combination of control methods.
Those control methods involve, whenever feasible, non-chemical methods, such as mowing and grazing. County departments also sometimes utilize certain chemical treatments (i.e., herbicides and pesticides) for vegetation management projects when non-chemical techniques are determined to be either ineffective or infeasible, and do so in a manner that minimizes risks to human health, beneficial and non-target organisms, and the environment, such as using herbicides with lower acute toxicity.
For any County vegetation management project(s) contemplating the use of herbicides or pesticides in an agricultural setting-a term that is defined by the California Food & Agricultural Code to include (among other things) park lands-County departments are required by law to obtain a written pest control recommendations (“PCRs”) from a state-licensed pest control advisor (“PCA”).
PCAs are licensed through the California Department of Pesticide Regulation, which requires that all PCAs meet minimum qualifications established by law (California Code of Regulations, Title 3, Section 6550), pass certain examinations, and are registered with the San Mateo County Agricultural Commissioner to provide written PCRs within San Mateo County.
In accordance with State law, the County’s contracted PCA’s are tasked with making recommendations and issuing PCRs for herbicide or pesticide use in agricultural settings based on specific criteria, such as the target species and work locations. When herbicides or pesticides are applied in County parks and other County-owned or -controlled agriculture settings by contracted applicators or qualified County staff, County departments identify in writing exactly which herbicide and/or pesticides are to be used based on the relevant PCR (a copy of which is provided to each herbicide/pesticide applicator), and contractors or County staff then purchase the specified products from a State-licensed pest control dealer or broker and apply only those products as specified in the PCR.
DISCUSSION:
Public stakeholders have expressed concerns that the County’s vegetation management contractors may overutilize herbicide or pesticide products in County projects because they financially benefit from incentive and/or loyalty programs offered by herbicide/pesticide manufacturers and vendors.
To address the public’s expressed concerns, I recommend that this Board adopt the following policies and practices that regulate participation by County contractors in incentive and/or loyalty programs offered by herbicide and/or pesticide product manufacturers and vendors while performing vegetation management services on County-owned or -controlled lands:
• Updating all applicable County department policies and procedures to provide that vegetation management contractors shall not participate in incentive programs offered by the manufacturer or vendor of any herbicide or pesticide product(s) when providing services for County vegetation management projects on County-owned or -controlled lands, and
• Requiring that all County contracts for the delivery of vegetation management services include language, to be approved by the County Attorney, prohibiting contractors from participating in incentive programs offered by the manufacturer or vendor of any herbicide or pesticide product(s) when providing services on County vegetation management projects on County-owned or -controlled lands.
The County Attorney has reviewed and approved the resolution as to form and content.
FISCAL IMPACT:
There is no known fiscal impact to the County associated with adoption of the resolution. However, it is possible that, in future, contractors could attempt to pass onto the County any increased costs they face from not participating in incentive and/or loyalty programs offered by herbicide/pesticide manufacturers and vendors when providing vegetation management projects on County-owned or -controlled lands, which possible increased costs cannot be quantified at this point.