California Code of Regulations (Title 3. Food
and Agriculture)
Division 6. Pesticides and Pest Control Operations
Division 6. Pesticides and Pest Control Operations
Chapter 2. Pesticides
Subchapter 1. Pesticide Registration
Article 8. Reevaluation Criteria
The director may, at any time, evaluate a registered pesticide to carry out the provisions of Sections 12824, 12825, 12825.5, 12826 and 12827 of the Food and Agricultural Code. The director shall investigate all reported episodes and information received by the director that indicate a pesticide may have caused, or is likely to cause, a significant adverse impact, or that indicate there is an alternative that may significantly reduce an adverse environmental impact. If the director finds from the investigation that a significant adverse impact has occurred or is likely to occur or that such an alternative is available, the pesticide involved shall be reevaluated.
NOTE: Authority cited: Section 12781, Food and Agricultural Code.
Reference: Sections 11501, 12824, 12825, 12825.5, 12826 and 12827, Food and Agricultural Code.
The director shall also reevaluate a pesticide when certain factors have been found such as, but not limited to:
(a) Public or worker health hazard.
(b) Environmental contamination.
(c) Pesticide residue overtolerance.
(d) Fish or wildlife hazard.
(e) Lack of efficacy.
(f) Undesirable phytotoxicity.
(g) Hazardous packaging.
(h) Inadequate labeling.
(i) Disruption of the implementation or conduct of pest management.
(j) Other information suggesting a significant adverse risk.
(k) Availability of an effective and feasible alternate material or procedure which is demonstrably less destructive to the environment.
(l ) Discovery that data upon which a registration was issued is false, misleading, or incomplete.
NOTE: Authority cited: Section 12781, Food and Agricultural Code.
Reference: Sections 11501, 12824 and 12825.5, Food and Agricultural Code.
6222. Reevaluation Data Requirements.
(a) During a reevaluation, the director shall require submission of all data
required for registration of a new pesticide by the U.S. EPA and by sections
6159, 6170, 6176-6179, 6180(a), 6181-6192, and 6200 which is relevant to the
focus of the reevaluation and has not previously been submitted to the department.
The director shall allow a reasonable time for the development and submission
of such data, not to exceed a period of two years. Notwithstanding the lack
of such data the director shall act expeditiously to protect against risks to
human health and the environment.
(b) If information is obtained from an individual or organization indicating
possible adverse effect from the use of a pesticide, the director shall respond
in writing to the individual or organization indicating the reasons for his
or her decision either to reevaluate or not reevaluate the pesticide registration
based upon the information submitted.
NOTE: Authority cited: Sections 11456, 11502, 12005, 12111, 12531, 12561, 12781, 12976, 12981, 14005 and 14006.7, Food and Agricultural Code.
Reference: Sections 11401-12121, 12501-12671, 12751-13102 and 14001-14104, Food and Agricultural Code.
The registrant whose pesticide product has been designated for reevaluation shall be immediately notified by the director. Such notice shall include the basis for the reevaluation.
NOTE: Authority cited: Sections 11456, 11502, 12005, 12111, 12531, 12561, 12781, 12976, 12981, 14005 and 14006.7, Food and Agricultural Code.
Reference: Sections 11401-12121, 12501-12671, 12751-13102 and 14001-14104, Food and Agricultural Code.
During the reevaluation, the director shall determine if the pesticide should be classified as a restricted material pursuant to Section 14004.5 of the Food and Agricultural Code; and if additional restrictions on use are necessary, or if action pursuant to Section 12824, 12825, or 12826 of the Food and Agricultural Code should be taken.
NOTE: Authority cited: Section 12781, 14005 and 14006.7, Food and Agricultural Code.
Reference: Sections 11501, 12824, 12825, 12825.5, 12826, 14001, 14004.5 and 14005, Food and Agricultural Code.
The director shall publish a semi-annual report on pesticides reevaluated, under reevaluation, or which for factual or scientific information was received but no reevaluation was initiated.
NOTE: Authority cited: Sections 11456, 11502, 12005, 12111, 12531, 12561, 12781, 12976, 12981, 14005 and 14006.7, Food and Agricultural Code.
Reference: Sections 11401-12121, 12501-12671, 12751-13102 and 14001-14104, Food and Agricultural Code.
The director shall undertake continuous evaluation of all registered products. First priority shall be given to those products selected according to the specific criteria set forth in this Section. Next priority shall be given to other products considered by the director to pose the greatest risk to people and the environment.
NOTE: Authority cited: Sections 11456, 11502, 12005, 12111, 12531, 12561, 12781, 12976, 12981, 14005 and 14006.7, Food and Agricultural Code.
Reference: Sections 11401-12121, 12501-12671, 12751-13102 and 14001-14104, Food and Agricultural Code.
NOTE: Authority cited: Sections 407, 11502, 12005, 12111, 12531, 12561, 12781, 12976, 12981, 14005 and 14006.7, Food and Agricultural Code.
Reference: Sections 11401-12121, 12501-12671, 12751-13102 and 14001-14104, Food and Agricultural Code.
6228. Designation of Restricted Materials.
NOTE: Authority cited: Sections 407, 11502, 12005, 12111, 12531, 12561, 12781, 12976, 12981, 14005 and 14006.7, Food and Agricultural Code.
Reference: Sections 11401-12121, 12501-12671, 12751 and 14104, Food and Agricultural Code.