Updates to Pesticide Use Enforcement Program Standards Compendium Volume 3, Restricted Materials and Permitting, Appendix J

In early November, the Department of Pesticide Regulation (DPR) will submit to the Office of Administrative Law, for their final approval, the proposed regulatory action to further restrict the use of 1,3-dichloropropene (1,3-D) by adopting Title 3, California Code of Regulations (3 CCR) section 6448.5 and amending sections 6000, 6448, 6448.2, 6448.4, 6624, and 6626. After approval, the regulation will go into effect on January 1, 2026. Two of the key changes which affect County Agricultural Commissioners (CACs) are reformatting the setback distance tables to be consistent with other fumigants and the addition of a 100-foot buffer zone requirement for 1,3-D based on the fumigation method and crop to be planted.

This letter announces the availability of and summarizes updates to Pesticide Use Enforcement Program Standards Compendium Volume 3, Restricted Materials and Permitting, Appendix J 1,3-Dichloropropene (Field Soil Fumigation) Recommended Permit Conditions and Enforcement Guidance. Although the regulations are not currently effective, DPR is issuing Appendix J now so that changes to restricted material permits can also go into effect on January 1, 2026. This means CACs may need to modify permits prior to final approval of the regulation. CACs should review the enforcement guidance provided as well as consider adopting relevant recommendations for 1,3-D applications into their restricted material permits on or after the effective date of the amended regulations.

The updates to Appendix J are:

• Sections J.1, J.2, and J.4: Removal of the township cap (including the background on use limitations, Adjusted Total Pounds explanations, Table 2 Application Factors, and associated NOI requirements) and the December prohibition.¹
• Section J.1: This section now provides guidance to CACs on use of the recommended permit conditions. Recommended permit conditions are drafted with mandatory language, with the intent for CACs to be able to drop this language into any restricted material permit without modification, if they choose to adopt such recommendations.
• Section J.2: New recommended conditions on the buffer zone period, buffer zone posting, and buffer zone transit.
• Section J.3: Summarizes existing requirements and provides additional guidance:
  • An explanation of setbacks and buffer zones, where the terms are used, guidance on when setbacks or buffer zones from adjacent applications “overlap,” and guidance on enforcing buffer zone posting requirements of combination products.
  • A description of the responsibilities of the operator of the property (the permittee) and the certified applicator to submit written agreements with the Notice of Intent (NOI).
  • Guidance on NOI and pesticide use report submission.
• Section J.4: This section was removed. Table 1 was incorporated into Section J.3 and Table 2 was removed as described above.
• Section J.5: Renumbered to be J.4, added DPR’s authority under 3 CCR section 6448.3.
• Updated or removed hyperlinks due to DPR website redesign.

To print the revised portions of the manual, select from the enclosures or go to Volume 3, Restricted Materials and Permitting. It is recommended the pages be printed back-to-back, where applicable.

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

¹ Once the 1,3-D regulation goes into effect, the township cap and prohibition of December applications will no longer be required and as a result, are not included in Appendix J.

Sincerely,