Statewide Notification of Agricultural Use of Restricted Materials
Effective February 24, 2025, the Department of Pesticide Regulation (DPR) amended Title 3 of the California Code of Regulations (3 CCR) sections 6000, 6424, 6428, 6432, and 6434. These changes, in part, require all agricultural use1 footnote Notices of Intent (NOIs) to be electronically submitted to the County Agricultural Commissioner (CAC) via CalAgPermits.org, or third-party tools currently used to submit NOIs to CalAgPermits.org, unless the CAC grants an exemption from the electronic submission requirement upon a finding of undue hardship.
Additionally, these changes require all agricultural use permits to contain the base line, meridian, township, range, and section (MTRS) for each property to be treated; and NOIs to include the start time of the intended application and MTRS of each area to be treated. This letter highlights changes to the agricultural use permits found in 3 CCR section 6428 and NOI requirements found in 3 CCR section 6434 relative to the electronic submission requirement, documentation of an undue hardship exemption, and the time requirements for NOI submission and documentation for a time requirement exemption.
The adopted regulation text is available on DPR’s website.
Agricultural Use Permit Requirements
Under 3 CCR section 6428(b), all restricted material permits for agricultural use must include the MTRS for each property to be treated. Currently, CalAgPermits.org will assign, or allow the user to assign, one MTRS to each site on a permit, even if the site spans more than one section. Assigning a single MTRS for these types of sites complies with this requirement. Furthermore, a single MTRS on an NOI for that site also meets the requirements in 6434(b)(12).
Electronic Submission Requirement for Documentation of an Undue Hardship
Under 3 CCR section 6434(b), an NOI must be electronically submitted to the CAC through CalAgPermits.org by the operator of the property to be treated, by the property operator’s authorized representative (AR), or by the pest control business (PCB) who is to apply a restricted material for agricultural use. For soil fumigants, the NOI must be submitted to the CAC at least 48-hours prior to the application; and, for all other pesticides requiring an agricultural use permit, the NOI must be submitted to the CAC at least 24-hours prior to the application.
In cases where an NOI is for the production of an agricultural commodity (e.g., restricted material applications in fields, vineyards, orchards, nurseries, or greenhouses, and preplant soil fumigations), a separate NOI is required for each planned application for compliance with 3 CCR section 6434(d). For other agricultural uses, the CAC may continue to follow current NOI practices so long as the NOI is timely and electronically submitted and contains all of the required information outlined in 3 CCR section 6434(b).
Under 3 CCR section 6434(e), a CAC may grant an undue hardship exemption for electronic submission of any agricultural use NOI. Upon a finding of an undue hardship, the CAC may allow an NOI to be submitted by the operator of the property, AR, or PCB on a form approved by the Director. After granting an undue hardship, 3 CCR section 6434(e)(1)-(2) requires the CAC to only electronically enter select information from NOIs for the production of an agricultural commodity into CalAgPermits.org. Also, 3 CCR section 6434(e)(2) requires NOIs for the production agricultural applications that are granted an undue hardship exemption to be submitted to the CAC earlier than 48-hours for soil fumigations or 24-hours for all other pesticides as specified in 3 CCR section 6434(c). CACs may consider documenting the undue hardship and findings on the permit or PCB registration in CalAgPermits.org.
Time Requirements for NOI Submission and Documentation for a Time Requirement Exemption
The CAC may separately grant an exemption to the requirement that an NOI is submitted to the CAC 48-hours or 24-hours prior to the date and time an intended soil fumigant or other pesticide application is intended to commence if the CAC determines that, because of the nature of the commodity or pest problems, safe and effective pest control cannot be attained. When the time requirement exemption is granted, the regulation requires CACs to note that an exemption was granted in CalAgPermits.org. CACs may consider noting the exemption on the NOI in CalAgPermits.org.
On March 3, 2025, Calico Solutions updated the NOI review interface in CalAgPermits.org to allow for documenting the reasons for undue hardship and/or time waiver. Please contact your CACASA Administrator for a copy of Calico Solutions instructions on these new features.
DPR has also updated the Notice of Intent to Apply Restricted Materials form (PR-ENF-126). PR-ENF-126 (rev 1/25) replaces all prior versions of PR-ENF 126 and PR-ENF-126X. Please use the updated form when you grant an exemption from the requirement to submit an NOI electronically due to an undue hardship.
1 footnote. Activate link to go back to content In addition to pesticides used in production agricultural settings (e.g., farms, forests, nurseries, and greenhouses), California’s broad legal definition of “agricultural use” includes, but is not limited to, pesticides used on sites such as canals, cemeteries, golf courses, parks, recreation areas, and rights-of-way (e.g., highways, medians, railroads).
If you have any questions, please contact the Enforcement Branch Liaison assigned to your county.
Sincerely,