California Notice 96-7
TO: REGISTRANTS OF PESTICIDE PRODUCTS AND OTHER
INTERESTED PERSONS
SUBJECT: FOOD AND AGRICULTURAL CODE SECTION 12832:
REGISTRATION OF PESTICIDE PRODUCTS FOR USE
ON ALFALFA AND VEGETABLE CROPS GROWN FOR
SEED PRODUCTION
Assembly Bill 697 added section 12832 to
the Food and Agricultural Code (FAC), effective
January 1, 1996. FAC section 12832 states that
alfalfa and all vegetable crops grown for seed,
except corn, beans, pumpkin, and peas shall be
considered to be nonfood and nonfeed sites of
pesticide use, if certain conditions are met. The
conditions include: (1) all seed screenings must be
disposed of in such a way that the screenings cannot
be distributed or used for food or feed and records
of the disposal must be kept by the seed conditioner
for three years; (2) no portion of the seed plant may
be used or distributed for food or feed; (3) all seed
crops grown on a nonfood/nonfeed site or conditioned
in California must bear a tag or container label that
forbids the use of the seed for human consumption or
animal feed; and (4) seed grown on a nonfood/nonfeed
site or conditioned in California may not be
distributed for human consumption or animal feed.
Background
If a pesticide product is already registered with the
U.S. Environmental Protection Agency (U.S. EPA), then
U.S. EPA has made a determination with regard to the
need for a tolerance. However, when the Department
of Pesticide Regulation (DPR) receives a request for
a Section 24(c) registration pursuant to the Federal
Insecticide, Fungicide, and Rodenticide Act (FIFRA),
the pesticide is not federally registered for use on
the crop for which the registration is being
requested. Therefore, U.S. EPA has not yet made a
California Notice 96-7
Page Two
determination regarding the need for a tolerance or
an exemption from tolerance, and the provisions of
FAC section 12832 apply.
Determinations
DPR, with concurrence from U.S. EPA, has determined
that:
1. The following crops when grown for seed may be
considered to be nonfood/nonfeed sites of pesticide
use. This means that a FIFRA Section 24(c)
registration could be issued for the use of a
pesticide on these crops when grown for seed, in
the absence of a tolerance or an exemption from
tolerance, if used in accordance with the
conditions of FAC section 12832:
Alfalfa Kohlrabi
Argula Leek
Beets, table Lettuce
Broccoli, raab Mustard
Brussels sprouts Onion, bulb
Cabbage Onion, bunching
Carrot Parsley
Cauliflower Parsnip
Chinese cabbage Radish (other than Daikon)
Chinese kale Rape, leafy vegetable
Chinese mustard Rutabaga
Collard Spinach
Coriander Spinach mustard
Dill Swiss chard
Endive Turnip, market
Kale Turnip, fodder
2. The following crops when grown for seed are
considered to be food/feed sites of pesticide
use. Therefore, a tolerance or an exemption from
tolerance must be established by U.S. EPA before
a FIFRA Section 24(c) registration can be issued
for the use of a pesticide on these crops when
grown for seed:
Corn Beans
Pumpkin Peas
Squash Daikon
California Notice 96-7
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Procedures
1. If DPR receives an application for a
FIFRA Section 24(c) registration and the
pesticide product is intended to be used on
any of the crops listed under item number one
above, DPR will consider the crop, if grown for
seed, to be a nonfood/nonfeed site of pesticide
use for which a tolerance or exemption from
tolerance is not needed. The FIFRA Section 24(c)
must be justified.
The restrictions listed in FAC section 12832(a)(1)-(4)
must be listed on the proposed FIFRA Section 24(c)
pesticide label. In addition, DPR may impose
additional restrictions on such FIFRA Section 24(c)
registrations, when determined to be necessary.
2. If DPR receives an application for a
FIFRA Section 24(c) registration and the
pesticide product is intended to be used on any
of the crops listed under item number two above,
DPR will consider the crop, if grown for seed,
to be a food/feed site of pesticide use for
which a tolerance or exemption from tolerance
must be established. The FIFRA Section 24(c)
must be justified.
3. If an application for a FIFRA Section 24(c)
registration is received for a pesticide which is
intended for use on a small-seeded vegetable crop
which is being grown for seed and the crop is not
included in either the list under item number one
or the list under item number two, additional
information must be provided on the crop to
support a nonfood/nonfeed designation.
The additional information must support a
conclusion that diversion for food or feed uses
of all portions of the crop would be precluded.
U.S. EPA has specifically stated that they need
additional information on seeds of caraway,
celery, and fennel. In addition, the
FIFRA Section 24(c) must be justified.
California Notice 96-7
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Prior to issuance of a FIFRA Section 24(c)
registration for use of a pesticide on any crop grown
for seed which is not listed under items number one
or two, without a tolerance or exemption from
tolerance, DPR must obtain U.S. EPA's agreement that
the crop can be considered a nonfood/nonfeed site of
pesticide use.
If you have any questions, please contact
Mr. Jerome Campbell, Supervisor of Registration,
Pesticide Registration Branch, at (916) 324-3889.
Original signed by
____________________________ October 25, 1996
Barry Cortez, Chief Date
Pesticide Registration Branch