California Code of Regulations (Title 3. Food and Agriculture)
Division 6. Pesticides and Pest Control Operations
Division 6. Pesticides and Pest Control Operations
Chapter 4. Environmental Protection
Subchapter 6. Pollinator Protection
Article 1. Protection of Bees
6980. Pesticides Toxic to Bees.
(a) Pesticides toxic to bees are those that include the words "toxic to bees" on the product labeling, regardless of modifying words on the label.
(b) Bees are considered to be inactive from one hour after sunset to two hours before sunrise or when the temperature is below 50 degrees Fahrenheit. The sunset and sunrise times will be those indicated in the local newspaper or on the local news Web site.
NOTE: Authority cited: Section 29102, Food and Agricultural Code.
Reference: Sections 29100 and 29102, Food and Agricultural Code.
6981. Vector Control Exemption.
Pesticides diluted in one-half gallon of water or more per acre applied by local vector control agencies or their contractors pursuant to a cooperative agreement with the Department of Health Services are exempt from the requirements of this article.
NOTE: Authority cited: Section 29102, Food and Agricultural Code.
Reference: Sections 29100 and 29102, Food and Agricultural Code.
6982. Apiary Operator Request for Notification.
(a) Each apiary operator, or their designated representative, who desires to receive advance notification of pesticide applications toxic to bees from persons intending to apply pesticide(s) labeled toxic to bees, shall inform the commissioner when the apiary operator, or their designated representative, registers in that county pursuant to section 29040 of the Food and Agricultural Code. This request for notification shall expire on December 31 of each year
NOTE: Authority cited: Section 11456 and 29102, Food and Agricultural Code.
Reference: Section 29102, Food and Agricultural Code.
6983. Notification to Apiary Operators.
(a) Each person intending to apply any pesticide labeled toxic to bees to a blossoming plant shall, prior to the application, inquire of the commissioner or of a notification service designated by the commissioner, whether any apiary operator with apiaries within one mile of the application site, or their designated representative, has requested notification of such application.
(b) If the person performing pest control is made aware of a request for notification pursuant to subsection (a), he or she shall notify the apiary operator, or their designated representative, at least 48 hours in advance of the application. The notification must include:
(1) time and place the application is to be made;
(2) crop and acreage to be treated;
(3) method of application;
(4) active ingredient(s) and dosage rate of the pesticide to be applied; and
(5) how the person performing pest control may be contacted by the apiary operator or their designated representative.
This advance notification time may be increased or decreased by the commissioner, or by an agreement of both the apiary operator, or their designated representative, and the person performing the pest control work.
NOTE: Authority cited: Section 29102, Food and Agricultural Code.
Reference: Section 29102, Food and Agricultural Code.
6984. Citrus/Bee Protection Area.
(a) The provisions of this section apply to a citrus/bee protection area during the March 15 through May 31 time period. A citrus/bee protection area means the area within one mile of any citrus planting of one acre or more within Fresno, Kern, or Tulare counties.
(b) The citrus bloom period, in any citrus grove, for purposes of declaring bloom, shall be from when 10 percent of the total citrus blossoms are open until 75 percent of the blossom petals on the north side of the trees have fallen.
The commissioner shall give public notice of the official beginning and ending dates of each citrus bloom period for each citrus growing district in the county, at least three days before establishing such dates
(c) Pesticide applications of products labeled toxic to bees may be made 48 hours or more after the official end of citrus bloom without advance notification to apiary operators, or their designated representatives, until March 15 of the following year. Growers/pesticide applicators wishing to make pesticide applications prior to 48 hours after the official end of bloom shall follow the inquiry and notification procedures specified in section 6983.
(d) Each person who owns or operates any apiary shall file a written notice of apiary location with the commissioner before March 15 and shall update such notice within 72 hours for any apiary location changes, including notice of departure from the county.
(e) Each apiary operator, or their designated representative, who desires advance notification of pesticide applications of products labeled toxic to bees that will be performed from March 15 through May 31, shall inform the commissioner as specified in section 6982.
(f) Any person intending to apply a pesticide labeled toxic to bees, as defined in subsection 6980(a), to citrus during a citrus bloom period, except as otherwise provided in this subsection, shall file a notice of intent with the commissioner as provided in section 6434(b) at least 48 hours prior to the intended application. This subsection shall not apply to pesticides listed in subsection 6984(g) applied when bees are inactive.
(g) Notwithstanding section 6983(b), the following pesticide applications may be made during the citrus bloom period when bees are inactive, as defined in subsection 6980(b), without notification to apiary operators, or their designated representatives:
(1) Any pesticide that does not include the words “toxic to bees” on the product labeling;
(2) Any pesticide applied so that the time period of the Residual Toxicity specified on the product labeling will expire before the next period of bee activity; or
(3) Any pesticide that includes the words “toxic to bees” on the product labeling, if the labeling allows applications when bees are inactive.
(h) Except for pesticide applications allowed in subsection (g) during the citrus bloom period, an application delay of 48 hours or more requires that the person intending to apply the pesticide re-contact apiary operators, or their designated representatives, and inform them of the change in scheduling.
(i) The following applications to citrus are prohibited:
(1) Carbaryl from first bloom until complete petal fall.
(2) Any pesticide labeled toxic to bees, except those exempted in subsection (g) during a citrus bloom period, unless the pesticide is applied to control a California Department of Food and Agriculture declared quarantine pest, or the need for control of lepidoptera larvae or citrus thrips (Scirtothrips citri) has been established by written recommendation of a representative of the University of California Cooperative Extension, or a licensed agricultural pest control adviser. The recommendation shall state that the citrus planting does not meet the citrus bloom period criteria and why alternatives less hazardous to bees would not be effective.
NOTE: Authority cited: Sections 11456 and 29102, Food and Agricultural Code.
Reference: Sections 29100, 29101 and 29102, Food and Agricultural Code.