Department of Pesticide Regulation
Mary-Ann Warmerdam
Director
  Arnold Schwarzenegger
Governor
 
 
March 5, 2009
 
  ENF 09-06
 
TO:
County Agricultural Commissioners
SUBJECT:
UPDATES TO VOLUME 2, LAWS AND REGULATIONS, PESTICIDE USE ENFORCEMENT PROGRAM STANDARDS COMPENDIUM
 

This letter announces the availability of, and summarizes updates and changes to, Volume 2, Laws and Regulations, one of eight volumes of the Pesticide Use Enforcement Program Standards Compendium.

This update includes four amendments:

  • Title 3, California Code of Regulations Section 6400(e):  Magnesium phosphide and Phosphine Gas added to the restricted materials list. (Effective date 12/20/2008)
  • Food and Agricultural Code Section 12841.4 Container recycling. This bill requires every person who is the first to sell any agricultural or structural-use pesticide product for use in this state that is packaged in rigid, non-refillable, high-density polyethylene (HDPE) containers of 55 gallons or less to establish a recycling program, or demonstrate participation in a recycling program to ensure HDPE containers are recycled, as specified. (Effective 1/1/2009)
  • Business and Professions Code Section 8514: Branch 2 & 3 advertising. Authorizes a pest control company registered in certain categories to advertise fumigation and other services, as specified. Specifically, this bill authorizes a pest control company registered in Branch 2 or Branch 3 to advertise fumigation or any and all encompassing treatment provided the Branch 2 or Branch 3 company:
    1. Subcontracts the actual performance of the work to an authorized registered company, and
    2. Gets written consent from the consumer before subcontracting the fumigation work. (Effective 1/1/2009)
  • Business and Professions Code Section 8698: Adds San Diego County to the Structural Fumigation Enforcement Program. (Effective 1/1/2009)

Also, there are numerous typographical corrections to the original text. Please note: this update also contains changes to the format of the documents that should provide for easier reading and reference. These changes are:

  1. Updates are no longer underlined.
  2. Updates no longer have a bar in the margin.
  3. All pages will be dated for the month in which they are inserted regardless if they are being changed for pagination, corrections or an amendment or adoption in the law or regulation. This change should allow you to know if you have the most recent page, and it can be referenced against the Summary of Changes and Replacement Page Guide which of course, detail the changes.
  4. Title 3, California Code of Regulations Section 6000: there is no longer a separate page for each letter of the alphabet.
  5. We reduced the number of attachments in the update by consolidating all documents for each code together. (Replacement Page Guide, Summary of Changes, and the code pages themselves)

We hope you agree with us that these changes are beneficial and make for easier use of the Volume.

To print the revised portions of the manual, select from the enclosures or go to http://www.cdpr.ca.gov/docs/enforce/compend/vol_2/lawsregs.htm.  It is recommended the sections be printed back-to-back. Remove the old sections from the manual and insert the new sections.

If you have any questions, please contact the Enforcement Branch Liaison assigned to your county.

 
Sincerely,
 
 
Original Signature by:
 
Nan Gorder, Ph.D.
Chief, Enforcement Branch
916-324-4100
 
Enclosure:
Title 3 California Code of Regulations Replacement Page Guide, PDF (161 kb)
Food and Agricultural Code Replacement Page Guide, PDF (47 kb)
Business and Professions Code Replacement Page Guide, PDF (38 kb)
Title 16 California Code of Regulations Replacement Page Guide, PDF (15 kb)

cc:   Mr. James Shattuck, DPR Agricultural Commissioner Liaison
        Ms. Ada Ann Scott, Agriculture Program Supervisor II
        Mr. Cliff Smith, Senior Environmental Scientist
        Enforcement Branch Liaisons



1001 I Street  ·   P.O. Box 4015  ·  Sacramento, California 95812-4015  ·   www.cdpr.ca.gov
A Department of the California Environmental Protection Agency