Field researchers employed by colleges and universities often conduct experiments and research on farmer-owned fields. The issue of crop destruction for these treated commodities is raised nearly every year.

Title 3, California Code of Regulations section 6268(b) exempts personnel employed by colleges and universities engaged in pesticide research from Authorization for Research requirements if they are operating according to a "current established policy" of the college or university that covers pesticide use and experimentation. An example of an established policy is the University of California, Division of Agricultural and Natural Resource’s No. 281 Policy entitled "Pesticides and Related Chemicals."

Current established policies must include instructions for submitting a notice of application to the county agricultural commissioner (CAC) for all research trials conducted off college and university property. When submitting the notice of application, researchers must indicate whether crop destruction is required. This provides notice to the CAC for scheduling inspections to confirm disposition for those trials requiring crop destruction, if necessary.

College and university researchers often test pesticide products that have federal registrations, Experimental Use Permits or exemptions from tolerance, but are not yet registered for sale and use in California. These trials are legal under federal statutes (listed below) and commodities treated may enter the channels of trade. Crop destruction is only required in cases where tolerances, temporary tolerances or exemptions from tolerance are not established.

Please refer to Title 40, Code of Federal Regulations (CFR), Part 180 ( http://www.access.gpo.gov/nara/cfr/waisidx_99/40cfrv16_99.html) to determine if a tolerance for the specific crop/chemical has been established or if it is exempt from tolerance.

Federal laws and regulations that allow research crops to enter the channels of trade are:

• Title 40, CFR section 172.3(ii) relative to experimental use permits states: "Any food or feed crops involved in, or affected by, such tests (including, but not limited to, crops subsequently grown on such land which may reasonably be expected to contain residues of the tested pesticides) shall be destroyed or consumed only by experimental animals unless an appropriate tolerance or exemption from a tolerance has been established under the Federal Food, Drug, and Cosmetic Act (FFDCA) for residues of the pesticide."

• Title 40, CFR section 172.24 relative to state issuance of permits, in part states: "(d) Requirement of tolerance. If the experimental use pesticide is to be used in or on food or feed, the applicant must - (1) Submit evidence that:
  
  1. ) A tolerance or exemption from the requirement of a tolerance has been established for residues of the pesticide in or on such food or feed under FFDCA section 408 or a regulation established under FFDCA section 409 and

  2. ) The proposed program would not reasonably be expected to result in residues of the pesticide in or on such food or feed in excess of that authorized under FFDCA section 408 or a regulation established under FFDCA section 409."
     
• FFDCA, section 408 [21 U.S.C.346a] "(a) Requirement for Tolerance or Exemption," in part states: "(4) Effect of Tolerance or Exemption - While a tolerance or exemption from the requirement for a tolerance is in effect under this section for a pesticide chemical residue with respect to any food, the food shall not by reason of bearing or containing any amount of such a residue be considered to be adulterated within the meaning of FFDCA section 402(a)(1)."

• FFDCA section 402 [21 U.S.C. 342] - "A food shall be deemed to be adulterated” in part states: " (a)(1) If it bears or contains any poisonous or deleterious substance which may render it injurious to health; but in case the substance is not an added substance such food shall not be considered adulterated under this clause if the quantity of such substance in such food does not ordinarily render it injurious to health."

Food and Agricultural Code section 12995 states that: "Except as provided in regulations adopted by the director, it is unlawful for any person, by himself or through another, to possess or use any pesticide that is not registered pursuant to this chapter, or for which registration has been suspended." Federal Insecticide, Fungicide, Rodenticide Act section12 (a)(2)(G) states it is unlawful "…to use any registered pesticide in a manner inconsistent with its labeling."

In order to register a product in California, registrants must fulfill a number of data requirements. The research authorization process was developed to allow registrants and others, such as colleges and universities, to conduct research with products that are either (a) not registered or (b) for a use for which the product is not registered. The data, once collected, would then be submitted to the Department of Pesticide Regulation to support the registration of a product or support a label amendment for a new use of a currently registered product.

If you have any questions, please contact the Enforcement Branch liaison serving your county.