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 13. Research Authorization


6260. Authorization for Research.

(a) With the exception of those persons exempted by section 6268, a written authorization for research must be obtained from the Director prior to any experimental, unregistered use of a pesticide.

(b) The authorization may specify conditions under which the research must be conducted. The conditions may include, but are not limited to, handling of the treated commodity, safety equipment, reentry intervals, medical monitoring, and field posting.

(c) Research requiring an approved human exposure protocol pursuant to section 6710, must be conducted in accordance with that protocol.

(d) The Director may terminate, amend, or refuse to issue an authorization whenever it is determined that:

(1) the research may involve a hazard to handlers and/or field workers, the public health, or the environment;

(2) the research is used for purposes unrelated to pesticide data development; or

(3) violations of the authorization, a previous authorization, or Divisions 6 or 7 of the Food and Agricultural Code, or regulations adopted pursuant to them, have occurred in connection with such research.

(e) The research must be conducted in accordance with the conditions of the authorization and the research authorization regulations of this article.

NOTE: Authority cited: Sections 12781 and 12976, Food and Agricultural Code.

Reference: Sections 12995 and 14006.6, Food and Agricultural Code.

6261. Exemptions from Authorization for Research.

NOTE: Authority cited: Sections 407, 12781 and 12976, Food and Agricultural Code.

Reference: Sections 12995 and 14006.6, Food and Agricultural Code.

6262. Application for Research Authorization.

(a) Application for a research authorization must be made on the Pesticide Research Authorization form (DPR-REG-027a, Est. 4/15), hereby incorporated by reference

(b) If at least one of the following criteria applies, the active ingredient may be omitted from the application form. However, the registrant shall provide the identity of the active ingredient in a statement as specified in (c).

(1) The active ingredient is not contained in any pesticide products currently registered by U.S. EPA.

(2) The active ingredient is not contained in any spray adjuvants currently registered by the Department.

(c) The statement required by subsection (b) must include the following information:

(1) Firm name of registrant;

(2) Identification of applicable criteria from subsection (b);

(3) Common name of active ingredient, or if no common name, chemical or molecule name.
For biopesticides, provide the genus, species, and strain of the organism;

(4) Pesticide product name as listed on the application form; and

(5) Contact information and signature of authorized representative.

(d) The Director may require additional data if necessary to assess the potential adverse effects to workers, the public, and/or the environment.

NOTE: Authority cited: Sections 11456, 12781 and 12976, Food and Agricultural Code.

Reference: Sections 12995, 12999.5, and 14006.6, Food and Agricultural Code.

6263. Experimental Applications.

NOTE: Authority cited: Sections 407, 12781 and 12796, Food and Agricultural Code.

Reference: Sections 11411, 11501(a)(b)(f), 12995 and 14006.6, Food and Agricultural Code.

6264. Notification and Use of Research Authorization.

(a) Except as provided in (b), at least 72 hours prior to beginning application of a pesticide requiring a research authorization, the researcher shall submit the following information to the commissioner of the county where the proposed trial site is located:

(1) a copy of the approved research authorization; and

(2) a notice of application. The notice of application must include the following information if it is not provided on the approved research authorization:

(A) Research authorization number;

(B) Name and address of researcher and applicator;

(C) Location of areas to be treated and name of property operator;

(D) Specific crop or commodity, or if there is no crop or commodity, the specific site to be treated;

(E) Approximate acres or other units;

(F) Specific method of application;

(G) Pesticide(s);

(H) Dilution, volume per acre or other units, and dosage;

(I) Date intended application is to commence;

(J) Location of each trial on a plot map;

(K) Map or aerial photograph designating the location and identity of all known areas that could be adversely impacted by the use of the pesticide, including hospitals; schools; playgrounds; residential areas (including labor camps); parks, lakes, waterways, estuaries, and reservoirs; state wildlife management areas; critical habitats of rare, endangered, or threatened species; livestock; and crops.

(b) The researcher shall provide the 72-hour notice of application required in (a), unless the commissioner has given prior approval for a shorter time period as adequate to evaluate the intended application.

(c) The notice of application specified in (a)(2) shall also be submitted to the Department at least 72 hours prior to beginning application of a pesticide requiring a research authorization. If the commissioner allows less than 72 hours’ notice pursuant to (b), then the notice of application must be provided to the Department at the same time it is provided to the commissioner.

(d) If no application of pesticide is made following the notice of application, the researcher shall notify the commissioner within two weeks by submitting an Experimental Trial Report as described in section 6266(a).

NOTE: Authority cited: Sections 11456, 12781 and 12976, Food and Agricultural Code.

Reference: Sections 12995 and 14006.6, Food and Agricultural Code.

6266. Reports of Research Authorization Use.

(a) Following the final application of a pesticide requiring a research authorization in a particular trial location, and at least 24 hours prior to either harvest or crop destruction, the researcher shall submit an Experimental Trial Report (DPR-REG-029, Est. 4/15), hereby incorporated by reference, to the commissioner.

(b) Within two weeks following the expiration date of the research authorization, the researcher shall submit to the Department an Experimental Pesticide Use Report (DPR-REG-028a, Est. 4/15), hereby incorporated by reference.

NOTE: Authority cited: Sections 11456, 12781 and 12976, Food and Agricultural Code.

Reference: Sections 12995, 12999.5, and 14006.6, Food and Agricultural Code.

6268. Exemptions from Authorization for Research.

(a) A pesticide registrant is exempt from the provisions of Section 6260 when the registrant is the operator of the property upon which the research is to be conducted and continues to be the operator until the treated commodity is destroyed or harvested.

(b) Personnel employed by colleges and universities and engaged in pesticide research are exempt from Section 6260 if they are operating according to the current established policy of the college or university which covers pesticide use and experimentation.

NOTE: Authority cited: Sections 11456, 12781 and 12976, Food and Agricultural Code.

Reference: Sections 12995 and 14006.6, Food and Agricultural Code.

6270. Costs and Fees Prohibited.

The research authorization holder shall not charge the operator, owner, or person in possession of the property upon which the research is being conducted for the materials or use of the pesticide in connection with the research authorization. This prohibition includes charges or fees for labor and services in connection with the research authorization.

NOTE: Authority cited: Sections 11456, 12781 and 12976, Food and Agricultural Code.

Reference: Sections 12995 and 14006.6, Food and Agricultural Code.

6272. Possession of Authorization.

Each person making an application of a pesticide under a research authorization shall have a copy of the authorization available at the use site at the time of the application.

NOTE: Authority cited: Sections 11456, 12781 and 12976, Food and Agricultural Code.

Reference: Sections 11501(a)(b)(f), 12995 and 14006.6, Food and Agricultural Code.

 

 

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