Department of Pesticide Regulation

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May 20, 2002   ENF 2002-020
County Agricultural Commissioners  



Attached for your consideration is the Prioritization Plan and the Negotiated Work Plan Process documents needed to assist you in the development of your 2002/03 Negotiated Work Plan (NWP). Coordinating our pesticide use enforcement efforts result in better statewide compliance levels, prudent resource allocation, and clearer communication between the Department of Pesticide Regulation (DPR) and the county agricultural commissioners (CACs). Improving our communication will help promote stronger relationships and constructive dialogue with the CACs on enforcement and compliance assurance activities.

Prioritization Plan:

The Prioritization Plan facilitates program improvements by providing the CACs with information DPR considers to be a statewide priority. It is presented in two sections: suggested CAC performance measures and DPR performance measures. Each section contains three parts: compliance improvement, program development and training initiatives. Although these priorities are of equal weight statewide, they will vary in importance and applicability in individual counties. Please review these priorities with your Senior Pesticide Use Specialist Liaison to evaluate your local program goals when developing your NWP.

DPR developed the Prioritization Plan after reviewing information from; the Compliance Assessment Program; the Pesticide Illness Surveillance Program report (available at; the Compliance/ Enforcement Action Database; and the Pesticide Regulatory Activities Annual Reports (Report 5) submitted by the CACs.

Negotiated Work Plan:

The NWP document is intended to provide DPR and the CACs with a plan to implement joint program goals and set reasonable performance levels based upon available program resources.

DPR plans to perform 40 to 50 oversight inspections in Merced, San Joaquin, Sutter and Tulare counties. The workload and priorities associated with implementing these oversight inspections (compliance assessment follow-up) should be addressed in your NWP. All other counties will receive few if any oversight inspections. DPR will be addressing this oversight project more specifically in a forthcoming ENF letter.

Schedule: Please provide a draft NWP to your Senior Pesticide Use Specialist Liaison by June 30, 2002. We have prioritized this program element with our staff, and we hope to complete the negotiation process by August 1, 2002. Please involve your Liaison in the development of your NWP.

Pesticide Regulatory Activities Monthly Report: The NWP consists of Pesticide Use Enforcement activities that are included in the Pesticide Regulatory Activities Monthly Report (ENF 2000-23). The NWP does not require you to conduct Pesticide Use Enforcement activities that are ineligible for mill assessment fund disbursement nor does it change the way you account for your activities and hours on the Monthly Report.

If you develop a creative approach that is not currently included in the Monthly Report and you feel it should be a "paid" activity in the future, you need to suggest it to County Agricultural Commissioners and Sealers Association (CACASA) or your Regional Association. The CACs and DPR are required by law to jointly develop the criteria to be used to allocate mill assessment funds.

Numeric targets: Numeric targets are optional in the issues-based NWP. You may establish numeric targets for the work activities identified in your NWP if you wish. Numeric targets may make assessing your progress easier.

Effectiveness Evaluation: Since numeric targets are optional in your NWP, they will not be included in the year-end effectiveness evaluation. Instead, your DPR Liaison will make periodic visits to discuss your progress, difficulties encountered in activity tracking, obstacles you have experienced, and any changes to be made to your NWP. DPR and CAC's will be identifying means to improve the effectiveness evaluation process in 2002/03.

Focused Activities: For FY 2002/03, we will continue to accept most plans so long as they are developed prior to beginning the work, address priority issues identified in your NWP, and are not currently funded through DPR contracts or other funding sources. Please attach a copy of your proposed Focused Activity plans to your NWP. The Enforcement Branch will not be able to accept Focused Activity plans that require DPR funding outside of the mill assessment disbursement.

If you have any questions, please contact your Senior Pesticide Use Specialist Liaison.

Original Signature by:
Scott T. Paulsen, Chief
Pesticide Enforcement Branch
(916) 324-4100

DPR Fiscal Year 2002/2003 Prioritization Plan, PDF (15 kb)
Negotiated Work Plan Process, PDF
Chemigation Compliance Evaluation Focused Activity Plan Example, PDF (6 kb)

cc:  Mr. Daniel J. Merkley, Agricultural Commissioner Liaison (w/Enclosures)
      Mr. David Duncan, Chief, Pest Management and Licensing Branch (w/Enclosures)
      Mr. Charles Andrews, Chief, Worker Health and Safety Branch (w/Enclosures)
      John Sanders, Ph.D., Chief, Environmental Monitoring Branch (w/Enclosures)
      Mr. Roy Rutz, Agriculture Program Supervisor III (w/Enclosures)
      Ms. Joy Dias, Environmental Research Scientist (w/Enclosures)

1001 I Street  ·   P.O. Box 4015  ·  Sacramento, California 95812-4015  ·
A Department of the California Environmental Protection Agency