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Department of Pesticide Regulation


Val Dolcini
Director
California State Seal
Gavin Newsom
Governor
Jared Blumenfeld
Secretary for Environmental Protection

October 16, 2019
ENF 19-15

To: County Agricultural Commissioners

Subject: UPDATES TO COMPENDIUM VOLUME 2, LAWS AND REGULATIONS

This letter announces the availability of and summarizes updates to Volume 2, Laws and Regulations, of the Pesticide Use Enforcement Program Standards Compendium. Tables summarizing the recent changes are enclosed. An updated Compendium Volume 2 is available on the CalPEATS Help Resources page.

Title 3 California Code of Regulations Updates

  • Add 122 sections of land to the Ground Water Protection Areas 2018 document effective January 1, 2020.
  • New License/Certificate Application forms revised: Revised seven new License Application forms (Pest Control Business [PCB], PCB-Maintenance Gardener only, Pest Control Dealer, Pesticide Broker, Agricultural Pest Control Adviser, Pest Control Dealer Designated Agent, and Qualified Applicator) and one new Certificate Application form (Qualified Applicator) incorporated by reference in Title 3 of the California Code of Regulations (3CCR). Use of revised forms required as of May 24, 2018.
  • Renewal License Application forms revised: Revised four renewal License Application forms (Pest Control Business [PCB], PCB-Maintenance Gardener only, Pest Control Dealer, and Pesticide Broker) incorporated by reference in 3CCR. Use of revised forms required as of September 13, 2018.
  • Pilot License/Certificate Application forms revised: Revised new Pest Control Aircraft Pilot Certificate Application and the Individual License/Certificate Renewal Application forms, incorporated by reference in 3CCR, to differentiate manned and unmanned pilots, and add the subcategory of Vector Control Technician. The revised renewal form is also used to renew Agricultural Pest Control Advisers, Pest Control Dealer Designated Agents, Qualified Applicator Licenses, and Qualified Applicator Certificates. Use of revised forms required as of July 1, 2019.
  • Apprentice pilots: Clarifies apprentice pilot requirements. Effective July 1, 2019.
  • Toxic Air Contaminant list: Chlorpyrifos added effective April 1, 2019.

Title 16 California Code of Regulations Updates

  • Structural Pest Control Board (SPCB) revised its Disciplinary Guidelines and Manual of Disciplinary Guidelines and Model Disciplinary Orders for SPCB disciplinary action decisions in Title 16 of the California Code of Regulations (16CCR), effective April 1, 2018.
  • Wood Destroying Organism inspection reporting fee in 16CCR increased to $3.00 per property address operative July 1, 2019, superseded by an emergency amendment to $4.00 per property address operative August 22, 2019.

Business and Professions Code Updates

  • Definitions of control, eradication, and inspection added in Business and Professions Code (BPC), operative January 1, 2019.
  • Specific deletion of nondecay fungi, from specified documents expressing an opinion or making a statement relating to absence or presence, from BPC section 8517, effective January 1, 2019.
  • BPC authority for SPCB and SPCB registrar extended until January 1, 2023.
  • Changed the minimum (not less than $50) and maximum (not more than $5,000) penalties applicable for violations of BPC Chapter 14 effective January 1, 2019.
  • Added minimum periods before relief petition by a person to SPCB after specified disciplinary actions, into BPC effective January 1, 2019.
  • Added into BPC section 8663: notice of violation and increased fine (up to $5,000) to prime contractor for specified violations by subcontractor, under Branch 1 licenses, including notice to occupants. Changed wording from "major" violation to serious or moderate. Effective January 1, 2019.
  • BPC authority to increase activity form fee (WDP/WDO work), per property address, to not more than $5, effective January 1, 2019.
  • BPC amended that in Structural Fumigation Enforcement Program (SFEP) counties, county agricultural commissioners - in addition to the DPR Director – may levy a civil penalty for failure to submit SFEP fees and/or reports as specified, effective January 1, 2019.

Food and Agricultural Code Updates

  • Aircraft operations in Food and Agricultural Code (FAC) to include unmanned aircraft systems in pest control effective January 1, 2018.
  • Apiaries: Maintaining any unregistered apiary became unlawful. Amended FAC provisions for approval for apiary location on private or public land, and intrastate and intracounty relocation notification became effective January 1, 2019.
  • Administrative penalty process in lieu of prosecution for violation of bee registration, identification, and movement provisions, of Division 13, Chapter 1, Articles 4 and 5, added to FAC effective January 1, 2019 and operative January 1, 2020.

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


Sincerely,

Original signature by:

Donna Marciano
Chief, Enforcement Branch
916-324-4100


Enclosure:
Section Updates Tables Volume 2, PDF


cc: Mr. Joe Marade, DPR Agricultural Commissioner Liaison
       Enforcement Branch Liaisons