California Code of Regulations (Title 3. Food and Agriculture)
Division 6. Pesticides and Pest Control Operations

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Division 6. Pesticides and Pest Control Operations
Chapter 2. Pesticides
Subchapter 1. Pesticide Registration
Article 12. Consultation and Public Review


6252. Pesticide Registration, Renewal, and Reevaluation Consultation.

This section applies to the registration, renewal of registration, and reevaluation of pesticides.
The Department shall consult on decisions proposed pursuant to this section with public agencies which have jurisdiction by law over the use of pesticides or over activities or resources which may be affected by the use of pesticides. In doing so, the director shall establish an interagency advisory committee that shall be known as the Pesticide Registration and Evaluation Committee. This committee shall meet bimonthly or more often when requested by the director. The Pesticide Registration and Evaluation Committee shall consist of the following members:
(a) The Director of the Department of Pesticide Regulation or his or her designee who shall serve as chair of the committee;
(b) A representative from each of the other boards, offices, and departments in the California Environmental Protection Agency:
(1) The Air Resources Board;
(2) The Office of Environmental Health Hazard Assessment;
(3) The Integrated Waste Management Board;
(4) The State Water Resources Control Board;
(5) The Department of Toxic Substances Control.
(c) A representative from each of the following state agencies:
(1) The Department of Food and Agriculture;
(2) The Department of Fish and Game;
(3) The Department of Industrial Relations;
(4) The Department of Health Services;
(5) The Structural Pest Control Board in the Department of Consumer Affairs;
(6) The University of California;
(d) A representative from each of the following federal agencies:
(1) The U.S. Department of Agriculture/Agricultural Research Service;
(2) The U.S. Environmental Protection Agency, Region IX.
(e) The President of the California Agricultural Commissioners and Sealers Association or his or her designee;
(f) A representative of any other public agency that the Director of the Department of Pesticide Regulation deems appropriate after consultation with the existing committee membership.

NOTE: Authority cited: Sections 11456, 11502, 12005, 12111, 12531, 12561, 12781, 12976, 12981, 14005 and 14006.7, Food and Agricultural Code.
Reference: Sections 11401-12121, 12501-12671, 12751-13102 and 14001-14104, Food
and Agricultural Code.

6253. Proposed Decision.

(a) Each proposed decision relating to registration and renewal, and each decision to begin reevaluation shall be posted on the official bulletin boards of the department, and of each commissioner's office, and in each District office of the Division of Pest Management, Environmental Protection and Worker Safety for 30 days for public review and comment.

(b) A copy of the notice shall be sent to any person who requests it in writing. In addition, the public agencies consulted under Section 6252 shall be sent a copy of the notice.

NOTE: Authority cited: Sections 11456 and 12781, Food and Agricultural Code.

Reference: Section 21080.4, Public Resources Code.

6254. Public Report.

Each public report shall include a description of the proposed action, a statement of any significant adverse environmental effect that can reasonably be expected to occur, directly or indirectly, from implementing the proposal, and a statement of any reasonable mitigation measures that are available to minimize significant adverse environmental impact.
Each public report shall also contain a statement and discussion of reasonable alternatives which would reduce any significant environmental impact. The public report may be included in the notice of proposed decision. The director may develop a schedule of actual cost for the reproduction of public reports to be charged to those requesting copies.
(a) The director shall not approve an activity which would cause a significant adverse environmental impact if there is a feasible alternative or feasible mitigation measure available which would substantially lessen any significant adverse impact which implementation of the proposal may reasonably be expected to have on the environment.
(b) Written Evaluation. The final action taken in regard to a decision subject to this section in which a significant adverse environmental point is raised during the evaluation process shall include a written evaluation of such points approved by the director.

NOTE: Authority cited: Sections 11456, 11502, 12005, 12111, 12531, 12561, 12781, 12976, 12981, 14005 and 14006.7, Food and Agricultural Code.

Reference: Sections 11401-12121, 12501-12671, 12751-13102 and 14001-14104, Food and Agricultural Code.

6255. Notice of Decision.

A notice of each decision subject to this article shall be filed within a week of its issuance with the Secretary of Resources for posting. Such notices shall be available for public inspection and shall remain posted for a period of 30 days.

NOTE: Authority cited: Sections 11456, 11502, 12005, 12111, 12531, 12561, 12781, 12976, 12981, 14005 and 14006.7, Food and Agricultural Code.

Reference: Sections 11401-12121, 12501-12671, 12751-13102 and 14001-14104, Food and Agricultural Code.

6256. Pest Management Advisory Committee.

(a) There is within the Department of Pesticide Regulation a Pest Management Advisory Committee. The Pest Management Advisory Committee shall consist of the following members:

(1) Six ex officio members; The Director of the Department of Pesticide Regulation or his/her designee who shall serve as chair of the committee; The Secretary of the California Department of Food and Agriculture or his/her designee who shall serve as vice chair; The President of the University of California or his/her designee; The Regional Administrator of the U.S. EPA Region IX or his/her designee; The Chancellor of the California State University or his/her designee; The President of the California Agricultural Commissioners and Sealers Association or his/her designee.

(2) The following members who shall serve an initial term of office of from one to three years, as determined by the chair at the time of appointment, so that approximately one-third of these original committee members shall be replaced annually for the first three years. Subsequent appointments shall be for a term of office of three years; Five members representing academia and public foundations. Six members representing agricultural production. Four members representing environmental and public interest groups. One member representing farm labor organizations. One member representing general public and consumer advocacy. One member representing nonagricultural pesticide user groups. Two members representing pest control advisers. Four members representing registrants and trade associations.

(b) The members of the Pest Management Advisory Committee shall be appointed by the Director of the Department of Pesticide Regulation and serve at the pleasure of the chair. Vacancies will be filled for any unexpired term of office as appropriate. The Pest Management Advisory Committee shall assist the Department of Pesticide Regulation in identifying, facilitating, and promoting environmentally sound pest management practices and pest management systems. Pest Management Advisory Committee activities include, but are not limited to, reviewing proposals for pest management research and recommending to the director which proposals should be funded. Upon the joint decision of the chair and vice chair, funds in the Food Safety Account in the Department of Pesticide Regulation may be expended, upon appropriation, for pest management research purposes to carry out the recommendations of the Pest Management Advisory Committee. The committee shall meet at least quarterly or at the request of the chair. The chair may appoint subcommittees as needed to serve in an advisory capacity. Pest Management Advisory Committee members and any subcommittee members shall serve without compensation.

NOTE: Authority cited: Section 12536, Food and Agricultural Code.

Reference: Section 12536, Food and Agricultural Code.

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