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Department of Pesticide Regulation

Julie Henderson
Director

Gavin Newsom
Governor
Yana Garcia
Secretary for Environmental Protection

To: County Agricultural Commissioners

New Regulations Limiting Neonicotinoid Product Use on Food and Feed Crops

As required by Food and Agricultural Code section 12838, the Department adopted regulations (Title 3, California Code of Regulations [3 CCR] sections 6990 through 6990.16) to limit neonicotinoid pesticide product use in the production of most food and feed crops. The new regulations, effective January 1, 2024, apply to soil and foliar applications of products containing the neonicotinoid active ingredients clothianidin, dinotefuran, imidacloprid, and thiamethoxam. The regulations do not apply to neonicotinoid use in non-agricultural (e.g., structural or home use) or non-production agricultural (e.g., parks, cemeteries) settings, applications to nursery stock, or seed treatment applications.

Neonicotinoids are systemic pesticides. They are absorbed into plants and distributed throughout plant tissues to the stems, leaves, roots, fruits, and flowers. Their residues can be present in the pollen and nectar consumed by bees and other pollinators. The new regulations protect pollinator health by reducing the amount of neonicotinoid active ingredients that can be applied to most food and feed crops through application method and rate restrictions, application timing restrictions, and seasonal application rate caps. These regulations are in addition to any requirements found on neonicotinoid pesticide product labeling. In the event of a conflict between labeling requirements and these regulations, the strictest requirement must be followed.

The adopted regulation text is available on DPR’s website.

Some highlights of the new Neonicotinoid Pesticide Exposure Protection regulations include:

• For most crops “bloom” is defined as the period from the onset of flowering until petal fall is complete. In Fresno, Kern, and Tulare Counties, 3 CCR section 6984(b) specifically defines the citrus bloom period in those counties. Neonicotinoid use on food and feed crops covered by the regulations is prohibited during bloom.
• The food and feed crops are arranged according to the Crop Group tables found in Title 40 Code of Federal Regulations section 180.41(c). While these crop groupings are intended for pesticide residue purposes, growers and Pest Control Advisers (PCAs) should be familiar with the approach because the use sites on many pesticide labels are organized by the crop groupings.
• Certain neonicotinoid applications are exempt from the regulations, including those:
• in enclosed spaces or insect exclusionary structures/netting,
• to control a quarantine pest (if the grower obtains a written recommendation), or
• under a FIFRA Section 18 Emergency Exemption.
• Crops normally harvested before bloom (e.g., artichoke, basil, broccoli, celery, garlic, kale, lettuce, spinach) are not subject to the regulations. If they are instead harvested after bloom (e.g., grown for seed), the use of a neonicotinoid is prohibited.
• Crops normally harvested after bloom (e.g., almond, apple, bean, cherry, corn, cucumber, grape, lemon, orange, peach, potato, pumpkin, raspberry, tomato, walnut) have:
• Additional use restrictions if multiple neonicotinoid active ingredients or both soil and foliar application methods are used on the crop during the growing season,
• Additional use restrictions if managed pollinators will be used with the crop during the growing season, and
• Additional use restrictions for certain crops.
• There are other crops where DPR was unable to determine the combinations of application rates and timings that are safe or low risk to pollinators (e.g., avocado, date, fig, olive, pomegranate, prickly pear fruit, and coffee and peanuts). For these crops:
• Only one neonicotinoid active ingredient is permitted per growing season,
• Only one application method (soil or foliar) is permitted per growing season, and
• If managed pollinators will be used with the crop, neonicotinoid use is prohibited.
• In some cases, one or more crops within a Crop Group will be exempt from the regulations. These exemptions can be found in the introduction paragraph for the Crop Group. For example, within the Berries and Small Fruits Crop Group mulberries are listed as exempt from the regulations.

Identifying “bloom” and when “petal fall is complete” may pose challenges to growers, Pest Control Advisers, applicators, and enforcement personnel for crops that bloom throughout the growing season (e.g., strawberries), crops that may be indeterminate blooming in certain regions of the State (e.g., lemons), or crops which may have secondary or “rat-tail” blossoms after petal fall (e.g., apples). DPR intended the definition of “bloom” to be a common-sense, straightforward definition that users and enforcement personnel could consistently apply across the many food and feed crops grown in California to provide sufficient protection to pollinators from exposure to neonicotinoids.

If you have any questions, please contact your Enforcement Branch Liaison.

Sincerely,

cc: Mr. Joe Marade, DPR County/State Liaison
       Enforcement Branch Liaison