California Code of Regulations (Title 3. Food
and Agriculture)
Division 6. Pesticides and Pest Control Operations
Division 6. Pesticides and Pest Control
Operations
Chapter 2. Pesticides
Subchapter 4. Restricted Materials
Article 3. Permit System
(a) Permits for agricultural use of a restricted material shall be issued in
the name of the operator of the property to be treated. The permittee or, when
allowed by the commissioner, the permittee's authorized representative or licensed
agricultural pest control adviser, shall sign the permit. The authorized representative
or licensed agricultural pest control adviser shall provide the commissioner
with written documentation from the permittee to act on his/her behalf.
(b) Permits for nonagricultural use of a restricted material may be issued in
the name of the operator of the property to be treated or a pest control business.
A permit issued to the operator of the property shall be signed by either the
permittee or, when allowed by the commissioner, the permittee's authorized representative.
The authorized representative shall provide the commissioner with written documentation
from the permittee to act on his or her behalf. A permit issued to the pest
control business shall be signed by the owner or a qualified applicator licensee
or qualified applicator certificate holder responsible to supervise the operations
of the pest control business.
(c) The permittee shall be responsible for compliance with all permit conditions.
NOTE: Authority cited: Sections 11456, 14005 and 14102, Food and Agricultural Code.
Reference: Sections 11501 and 14006, Food and Agricultural Code.
(a) Each permit issued for agricultural use of a restricted material shall
be site and time specific. Pursuant to Food and Agricultural Code section 14007,
any permit may be issued for a one-year period. Permits issued for perennial
agricultural plantings, nonproduction agricultural sites, or nonagricultural
sites may be issued for up to a three-year period. Permit applicants may apply
for and obtain a permit for a shorter duration.
(b) A permit to use restricted materials shall be valid for the time specified
unless sooner revoked or suspended.
NOTE: Authority cited: Sections 11456, 14005 and 14102, Food and Agricultural Code.
Reference: Sections 11501, 14006 and 14007, Food and Agricultural Code.
(a) Each application and permit to possess or use a restricted material shall be on a form either provided or approved by the director.
(b) All information required for a written notice of intent shall be on forms either provided or approved by the director.
NOTE: Authority cited: Sections 11456, 14005 and 14102, Food and Agricultural Code.
Reference: Sections 11501 and 14006, Food and Agricultural Code.
6426. Alternatives and Mitigation Measures.
(a) Each licensed agricultural pest control adviser and grower, when determining if and when to use a pesticide that requires a permit, shall consider, and if feasible, adopt any reasonable, effective and practical mitigation measure or use any feasible alternative which would substantially lessen any significant adverse impact on the environment.
(b) Each licensed agricultural pest control operator shall have available a copy of a written recommendation covering each agricultural use application of a pesticide that requires a permit, and operate in accordance with a pesticide permit issued by the commissioner. The standards for such recommendations are established in Section 6556.
NOTE: Authority cited: Sections 11456, 14005 and 14102, Food and Agricultural Code.
Reference: Sections 11501 and 14006, Food and Agricultural Code.
6428. Agricultural Permit Applications.
Except as provided in Section 6434(a), each application for a permit for agricultural use of a restricted material shall include the following information:
(a) Name and business address of the permittee and signature of either the permittee, or when allowed by the commissioner, the permittee's authorized representative or licensed agricultural pest control adviser;
(b) Location of each property to be treated;
(c) Identification of all known areas that could be adversely impacted by the use of the restricted material(s) including hospitals; schools, and playgrounds; residential areas (including labor camps); parks; lakes, waterways, estuaries, and reservoirs; state wildlife management areas; critical habitats of rare, endangered or threatened species; and livestock and crops; (a map or aerial photograph may be used for designating such areas);
(d) Identification of each commodity or crop, or if there is no commodity or crop the site to be treated;
(e) Anticipated pest problem(s) for each crop (pest(s) to be controlled);
(f) Restricted material(s) requiring a permit necessary to control each pest on each commodity, crop, or site;
(g) Approximate date(s) or crop stage(s) of intended restricted material application(s);
(h) Expected method of application including the dilution, volume per acre or other units, and dosage;
(i) Name of the pest control business, if any; and
(j) Name, business address, and license or certificate number, expiration date, and category(ies), of the certified private or certified commercial applicator(s) responsible for supervising the possession or use of the restricted material(s).
NOTE: Authority cited: Sections 11456, 14005 and 14102, Food and Agricultural Code.
Reference: Sections 11501 and 14006, Food and Agricultural Code.
6430. Nonagricultural Permit Applications.
Each application for a permit for nonagricultural use of a restricted material shall include the following information:
(a) Name and business address of the operator of the property or the pest control business;
(b) The signature of either the permittee, or the authorized representative, or the owner or qualified applicator licensee or certificate holder responsible to supervise the operations of the pest control business;
(c) Restricted material(s) to be used;
(d) Pest(s) to be controlled;
(e) Method of application;
(f) Criteria for determining need for the pesticide application and
(g) Name, address, and license or certificate number, expiration date, and category(ies) of the certified applicator responsible for supervising the possession or use of the restricted material(s).
NOTE: Authority cited: Sections 11456, 14005 and 14102, Food and Agricultural Code.
Reference: Sections 11501 and 14006, Food and Agricultural Code.
(a) Each commissioner, prior to issuing any permit to use a pesticide and when evaluating a notice of intent, shall determine if a substantial adverse environmental impact may result from the use of such pesticide. If the commissioner determines that a substantial adverse environmental impact will likely occur from the use of the pesticide, the commissioner shall determine if there is a feasible alternative, including the alternative of no pesticide application, or feasible mitigation measure that would substantially reduce the adverse impact. If the commissioner determines that there is a feasible alternative or feasible mitigation measure which significantly reduces the environmental impact, the permit or intended pesticide application shall be denied or conditioned on the utilization of the mitigation measure. When the commissioner determines that there is a likelihood that permit conditions have been or will be violated he shall take appropriate action to assure compliance.
Each commissioner is responsible for knowing local conditions and utilizing such knowledge in making these determinations. Each commissioner shall also consider and, where appropriate, utilize the provisions of Section 14006.5 and other applicable Sections of the Food and Agricultural Code, applicable Sections of this code, applicable pest management guides, restricted materials hazard chart, Pesticide Safety Information Series, information obtained from monitoring other pest control operations, and other information required by the director.
(b) In addition to the requirement of Sections 6428 and 6430, each permit shall contain the following:
(1) Appropriate conditions or limitations on the use of the pesticide(s) including available Pesticide Safety Information Series leaflets for each pesticide included on the permit;
(2) Requirements, if any, for notice prior to an agricultural use pesticide application. In the case of nonagricultural use, notice shall be required to the extent it is necessary to comply with inspection responsibilities and with the monitoring requirements of Section 6436; and
(3) Appropriate conditions or limitations such as those described in available pest management guides. The commissioner shall inform the permittee of, and where to obtain, any pest management guide applicable to the pest control authorized in the permit.
NOTE: Authority cited: Sections 11456, 14005 and 14102, Food and Agricultural Code.
Reference: Sections 11501 and 14006, Food and Agricultural Code.
(a) If the information required by (g), (h), and (i) of Section 6428 is not provided on the permit, it shall be included in the notice of intent.
(b) When a notice of intent is required by the commissioner, it shall provide the following information concerning the proposed application. If the information required by this paragraph has been provided on the permit, it may be referenced on the notice of intent.
(1) Permit number;
(2) Name and address of permittee and applicator;
(3) Location of areas to be treated and name of farm operator;
(4) Crop or commodity, or if there is no crop or commodity the site to be treated;
(5) Approximate acres or other units;
(6) Method of application;
(7) Pesticide(s);
(8) Dilution, volume per acre or other units, and dosage;
(9) Pest(s) to be controlled;
(10) Date intended application is to commence; and
(11) Location and identity of areas specified in Section 6428 which have changed since the permit was issued and which may be adversely impacted. A map or aerial photograph may be used for designating such locations.
The commissioner shall be notified at least 24 hours prior to commencing the use of a pesticide requiring a permit. The notice of intent to apply a pesticide may be submitted to the commissioner by the operator of the property to be treated, by such operator's authorized representative, or by the licensed pest control operator who is to apply the pesticide. The commissioner may allow less than 24 hours notice if he determines that because of the nature of the commodity or pest problem effective pest control cannot be attained or when 24 hours are not necessary to adequately evaluate the intended application.
NOTE: Authority cited: Sections 11456, 14005 and 14102, Food and Agricultural Code.
Reference: Sections 11501 and 14006, Food and Agricultural Code.
The director shall develop and the commissioner shall utilize a valid statistical program for monitoring sites to be treated which requires more frequent monitoring of individuals who have a record of noncompliance with applicable laws and regulations including violations of Section 6556. Such program shall require monitoring of no less than five percent of the sites identified in permits or notices of intent to apply a pesticide for an agricultural use. Such monitoring shall include an evaluation of the basis for the intended application including the written recommendation, if any. In the case of nonagricultural uses, the pesticide use of each permit holder shall be inspected at least once a year. Such monitoring shall insure compliance with this Section and with the provisions of Section 14006.5 of the Food and Agricultural Code. No application shall be allowed to proceed if noncompliance with these provisions exists.
NOTE: Authority cited: Sections 11456, 14005 and 14102, Food and Agricultural Code.
Reference: Sections 11501 and 14006, Food and Agricultural Code.
NOTE: Authority cited: Sections 407, 14005 and 14102, Food and Agricultural Code.
Reference: Sections 11501 and 14006, Food and Agricultural Code.
NOTE: Authority cited: Sections 407, 14005 and 14102, Food and Agricultural Code.
Reference: Sections 11501, 14006 and 14011.5, Food and Agricultural Code.
Section 14009 of the Food and Agricultural Code provides for a review by the
director of the action of an agricultural commissioner in issuing, refusing,
revoking, suspending, or conditioning a restricted materials permit. This section
states the standards and procedures applicable to such review by the director.
(a) Registration of a restricted material is not in itself a right to use the
pesticide, but rather a department determination that under appropriate local
conditions the commissioner can grant a use permit for the material.
(b) The decision of an agricultural commissioner in issuing, conditioning, refusing,
revoking, or suspending a restricted materials permit will be reversed by the
director only for a clear abuse of discretion by the commissioner in applying
the applicable restricted materials provisions of the Food and Agricultural
Code (beginning with section 14001) and regulations in Title 3, California Code
of Regulations (beginning with section 6400). The burden of establishing abuse
of discretion is on the person requesting the review.
(c) The director's review is limited to the particular permit involved.
(d) The person requesting the review of the issuance of a permit may request
that the director stay the operation of the permit for a limited time or until
the matter is finally decided. Whether the stay will be granted or refused will
be determined by the director as soon as practicable based on the reasons stated
for the stay in the request for review and supporting documents, any counter
documents or arguments which are timely submitted to the director by the commissioner
or permittee, and the director's own preliminary analysis of whether a stay
is necessary to avoid a significant health hazard or significant crop, environmental,
or property damage.
NOTE: Authority cited: Section 11456, Food and Agricultural Code.
Reference: Section 14009, Food and Agricultural Code.
6443. Permits for Use of Phenoxy Herbicides on Timberland.
(a) Permits issued by county agricultural commissioners for aerial application of phenoxy herbicides for conifer release or for site preparation for commercial timber production shall be subject to the requirements of this Section.
(b) Each permit issued for such use shall be posted immediately, or as soon as practicable, by the commissioner in all offices of the commissioner and by the permittee at a post office or similar public place reasonably located so as to be seen by persons living within one mile of the proposed spraying area and shall remain posted until the expiration of such permit.
(c) Within five days after issuance of the permit, the permittee shall mail a copy of the permit to all owners of record of property within 300 feet of the area to be treated. The permittee shall also mail a copy to all persons residing within 300 feet of the spray site described in the permit area who have filed a request for written notification with the commissioner.
(d) Each posted and mailed copy of the permit shall include notice of the provisions of this Section, Section 6442, Food and Agricultural Code Section 14009, and the names and addresses of the county agricultural commissioner and the permittee.
(e) If a request for review is mailed to the commissioner within 20 days of the issuance of the permit, no herbicide application pursuant to the permit shall be made until 30 days after such review is completed; however, a further stay may be granted by the director pursuant to an appeal by a person directly affected by the commissioner's action. A copy of the commissioner's decision shall be mailed to the person who requested the review and the permittee.
(f) The commissioner shall grant a review, pursuant to Food and Agricultural Code Section 14009, to any interested person.
(g) If no request for review is received by the commissioner within 30 days of the permit issuance, the application may commence without further delay.
(h) If a request by a person directly affected by the commissioner's action, for a stay and appeal of the commissioner's review action is mailed to the director within 20 days of the date of the commissioner's review decision, no herbicide application pursuant to the permit shall be made until 15 days after the request is acted upon by the director. The applicant shall mail a copy of the appeal to the commissioner and to the permittee at the same time that the appeal is mailed to the director. The appeal must contain the following statement above the signature of the appellant: "I hereby certify that I have mailed copies of this appeal to the county agricultural commissioner and to the permittee." The appeal shall also contain a copy of the commissioner's review decision.
(i) The director shall grant a stay of the permit and an appeal pursuant to Food and Agricultural Code Section 14009 to all appellants who are directly affected by the permit action.
For the purpose of this Section, an appellant shall be considered to be directly affected by the permit action where the appellant establishes that his or her residence, crops, property, or water supply point source lies within one-half mile of the spray site described in the permit. A movable camp site, trailer, home, or other portable property temporarily located in proximity to a spray site shall not qualify as a residence or located concern. The director may find that an appellant located more than one-half mile from the spray site is directly affected.
(j) The director may rely on the commissioner's determination of the appellant's location, if such a determination was included in the commissioner's decision. The appellant may contest this determination in the appeal.
(k) The director may deny an appeal and refuse a stay request in the following cases:
(1) Where an appeal is filed not by an appellant directly affected by the permit for the protection of the appellant's personal interest but, rather, by another on the appellant's behalf, or,
(2) Where an appeal fails to allege a specific abuse of discretion on the part of the commissioner in the issuance of the permit but, rather, asserts only an objection to phenoxy herbicide spraying, in general; or
(3) Where an appeal fails to identify the specific location of appellant's source of concern, such as appellant's residence, cropland, water supply, or other fixed geographical reference so as to allow an assessment of the hazards associated with the permit.
(l) Where the director's decision denies an appeal or refuses a stay, the appellate shall be advised of the right to seek judicial review of the decision.
(m) A copy of the director's decision shall be mailed to the appellant, the commissioner, and the permittee.
(n) If no appeal is received by the director with 30 days of the commissioner's review decision, the aerial application may commence without further delay.
If the director's decision upholds the permit issuance and the permit cannot be exercised because of the delay involved in the stay and/or review, the permit shall be extended by order of the director for a sufficient length of time to allow for spraying at the earliest possible date, but in no case longer than 12 months.
NOTE: Authority cited: Sections 11456, 14001, 14005 and 14006, Food and Agricultural Code.
Reference: Sections 14004, 14006.5 and 14009, Food and Agricultural Code.
If at any time pesticide residues, symptoms, or health hazards appear generally throughout any area, the director or commissioner may cause a field inspection to be made. If it appears that substantial loss, damage or injury is likely to result from continued application of a specific pesticide within such area, the director or commissioner may cause all permits for applications of that pesticide within such area canceled and specify that no additional permits shall be issued therein.
NOTE: Authority cited: Sections 11456, 14005 and 14102, Food and Agricultural Code.
Reference: Sections 11501 and 14006, Food and Agricultural Code.