New Notification and Reporting Requirements for Pesticide Use Near Schoolsites

Effective January 1, 2026, the Department of Pesticide Regulation (DPR) amended Title 3, California Code of Regulations (3 CCR) sections 6428, 6434, 6623, 6624, 6690, and 6692 to incorporate and conform DPR’s regulations to the requirements established by Assembly Bill (AB) 1864 (Stats. 2024, Ch. 552). For applications made for the production of an agricultural commodity within ¼ mile of a schoolsite, new requirements include:

1. The restricted material permit (RMP) application must include the anticipated method of application as specified in 3 CCR section 6691.
2. Notices of Intent (NOIs) must include the method of application as specified in 3 CCR section 6691 and the allowable dates and time ranges during which the application can be applied that comply with the date and time restrictions in 3 CCR section 6691.
3. Pesticide use reports (PURs) must include the method of application as specified in 3 CCR section 6691.

DPR offers the following guidance to Commissioners on implementing these new requirements.

Method of Application on the RMP (3 CCR section 6428(h)(1))

For fields within ¼ mile of a schoolsite, section 6428(h)(1) requires the anticipated method of application specified in 3 CCR section 6691 be included on the RMP application. Additionally, section 6434(a) provides that if the information required by section 6428(h) is not on the RMP, it must be included on the NOI.

For fields within ¼ mile of a schoolsite, the method of application specified in 3 CCR section 6691 must be included on the NOI. This fulfills the requirement of 6428(h)(1) to include the anticipated method of application as specified in 3 CCR section 6691 on the permit application.

Allowable Dates and Time Ranges on the NOI (3 CCR section 6434(b)(10)(A))

The NOI is valid for the day of application and the following four days only if delays are caused by uncontrollable conditions such as equipment breakdowns or adverse weather. Consistent with AB 1864 and DPR’s rulemaking, all NOIs for any portion of a field within ¼ mile of a schoolsite must specify the dates and time ranges the intended application is allowed. This is not a schedule of applications; rather it indicates when the application may occur if, due to uncontrollable conditions, it does not occur on the intended date.

Please note that it is no longer sufficient to include times that restrict applications. For instance, “applications prohibited between the hours of 6:00 a.m. to 6:00 p.m. on days when school is in session” is not acceptable.

For applications where the ¼ mile distance restriction or the 25-foot distance restriction apply from Monday through Friday from 6:00 a.m. through 6:00 p.m., the NOI must indicate when applications to the field are allowed. For example:

• Monday through Friday from 6:00 p.m. to 6:00 a.m. each day (e.g., for an NOI for Monday evening); or
• Monday 6:00 p.m. to Tuesday 6:00 a.m., Tuesday 8:00 p.m. to Wednesday 6:00 a.m., etc. (e.g., if the grower is aware of an event on Tuesday evening until 7 p.m. at the schoolsite); or
• Friday 6:00 p.m. through Monday 6:00 a.m., Monday 6:00 p.m. to Tuesday 6:00 a.m., etc. (e.g, for a Friday evening application).

Also note that section 6691(e) provides that fumigants cannot be applied when school classes are scheduled or child day care facilities are open within the 36 hours following the fumigation. This must also be reflected in the allowable dates and time ranges on the NOI.

Section 6691(b) and (c) applications:

For applications covered by section 6691(b) which occur more than 25 feet from a schoolsite or applications with no distance restrictions, the NOI must indicate that applications are allowed at any time or with no time restrictions.

Method of Application on NOIs and PURs (3 CCR sections 6434(6)(A) and 6626(c)):

To accommodate the NOI and PUR, including the additional methods and formulations enumerated in section 6691 subsections (a), (b), or (c), DPR modified the current 4-digit field fumigation method code field. To comply with the new NOI and PUR requirements, NOIs and PURs for fields within ¼ mile of a schoolsite must include the method code below which corresponds to the pesticide formulation or method of application:

These method codes will be included in a future update to Compendium Volume 3.

CalAgPermits has been updated to accommodate these new method codes. DPR and Calico Solutions have reached out to the third-party submitters to inform them of these new NOI and PUR submission requirements.

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

Sincerely,