Statewide Pesticide Application Notification System Updates

As part of the process to develop a statewide pesticide notification system, DPR conducted a series of public webinars and workshops. The input gathered will inform the design of the system. DPR will use this input to write a regulation that requires advance notification of pesticide applications.

Public Notification Workshops: November 7, 9 and 10, 2022

The department held three public workshops in November 2022 to collect feedback and provide an update on the development of the statewide pesticide application notification system. The workshops were designed to gather public feedback on the notification pilot projects in Riverside, Santa Cruz, Stanislaus and Ventura counties and the statewide notification system. Feedback received during the workshops will inform the continued development of the statewide system.

The UC Davis Center for Regional Change facilitated all three workshops.

Resources and presentation materials from the November notification workshops, which include a workshop summary report written by UC Davis, are available in the links below.

Workshop Resources:

• November 2022 Workshop Summary Report, PDF (en español)
• Notification Pilot Projects & Statewide Project Details, PDF (en español)
• November Virtual Workshop PowerPoint, PDF

Public Notification Workshops: June 27, 28 and 29, 2022

DPR held three identical virtual public workshops in June 2022 to collect feedback to inform the next phase of design and development for the state’s pesticide application notification system. During the workshops, DPR provided an overview of the proposed design for the statewide notification system and an opportunity for the public to share input through facilitated breakout sessions. Resources and materials used during the public notification workshops may be accessed in the links below.

Workshop Resources:

• June 2022 Workshop Summary Report, PDF (en español)
• List of Guiding Principles for Statewide Pesticide Application Notification System, PDF
• Proposed Design Elements for Statewide Pesticide Application Notification System, PDF
• Public Notification Workshop PowerPoint Slides, PDF
• Presentation of Proposed Design Elements for the Statewide Notification System, Video

Public Webinars: November 2 and 3, 2021

DPR conducted virtual webinars on November 2 and 3 and asked for input from the public on Guiding Principles, PDF and Practical Considerations, PDF developed by DPR to inform the next steps in the design of a notification system. DPR collected feedback on these principles and practical considerations at the webinars and during a public comment period following the webinars.

A recording from the November 2, 2021 webinar (English) and November 3, 2021 webinar (Spanish) available on DPR’s YouTube page. The interpreted webinar in Spanish or English available upon request.

The slides from DPR’s presentation, PDF.

A summary of the webinar is also available in English,PDF and Spanish, PDF.

Focus Group Feedback: August 2021

DPR hosted a series of focus groups in August 2021 for community residents and groups, regulatory agencies, growers, and regulated industries with the purpose of gathering insight for the development of the notification network. The meetings were designed as listening sessions for DPR to hear stakeholders’ thoughts and concerns about the benefits and challenges of a statewide pesticide notification system and to provide input on the design parameters. The focus groups were facilitated by neutral facilitators from the California State University, Sacramento Consensus and Collaboration Program (CCP).

Summaries from the focus group discussions are available. (En Español, PDF)

What is the purpose of the statewide pesticide application notification system?

The purpose of the notification system is to provide transparent and equitable access to information in advance of pesticide applications. The statewide notification system will complement existing pesticide laws and regulations that protect public health and the environment.

What pesticides will be included in the statewide notification system?

The proposed statewide system design would prioritize and provide notification for Restricted Material pesticides, which present higher potential risk to public health and environmental impacts than other pesticides.

What are Restricted Material Pesticides?

Restricted Materials are pesticides that pose a higher potential risk to public health or the environment compared to other pesticides, and they may only be applied by licensed pesticide applicators.

During evaluation and reevaluation, the department classifies certain pesticide active ingredients that pose relatively greater risk to human health or the environment as Restricted Materials. Restricted Material pesticides have more limits on use and are subject to greater oversight by DPR and County Agricultural Commissioners (CAC) than other registered pesticides. They may be applied only by specially licensed applicators, require locally issued permits through the local CAC, and are subject to additional use conditions (for example, a larger buffer zone or additional restrictions such as the use of total impermeable film (TIF) tarps during and after application).

Following CAC approval of a permit application, a grower or applicator must submit a Notice of Intent (NOI) for CAC approval of a specific Restricted Material pesticide application. The NOI must list the intended date and time of the application The CAC reviews the NOI, approved permit, site, date, and current conditions for potential risks to people or the environment. The CAC may approve the NOI, deny the NOI or require additional measures to protect against identified risks. If the CAC approves the NOI, the grower or designated representative has four days to begin applying the Restricted Material.

Restricted Material permits are valid for a period of 1-3 years, which may vary by county and in length depending on the crops grown in that specific region.

More information on Restricted Materials regulated by DPR can be found at Restricted Materials Use Requirements (ca.gov).

What is a Notice of Intent?

A Notice of Intent (NOI) is a document submitted by a grower or designated representative to the local County Agricultural Commissioner (CAC) indicating the site and intended start date for a Restricted Material application. Restricted Materials are pesticides that pose a higher potential risk to public health or the environment compared to other pesticides, so they may only be applied by licensed pesticide applicators.

The NOI supplements a Restricted Material permit approved and issued by the local CAC. The grower or designated representative must submit an NOI at least 24 hours in advance of each application.

Once submitted, the CAC reviews the NOI, approved permit, site, date, and current conditions for potential risks to people or the environment. The CAC may approve the NOI, deny the NOI or require additional measures to protect against identified risks. If the CAC approves the NOI, the grower or designated representative has four days to begin applying the Restricted Material.

How will the statewide notification system indicate where an application will take place?

The proposed system design would pull location information from the NOIs submitted by growers or designated representatives as part of the permitting process for using Restricted Material pesticides. The location information submitted on NOIs is based on a statewide mapping grid system that displays the general area where the application will take place, down to a resolution of 1 square mile.

How much advance notice of a planned pesticide application will the system provide?

DPR is currently evaluating the amount of advance notice the system will be able feasibly to provide to maintain grower flexibility to respond to pest pressures and changing weather conditions and for County Agricultural Commissioner NOI review. The department is targeting a minimum of 24-hour advance notice.

What is the timeline for implementation of the statewide notification system?

DPR is in the process of evaluating and continuing to gather public input on the system design. Following public workshops in November 2022, the department will finalize the proposed system design and initiate a rulemaking process to outline proposed legal requirements for the system. The department anticipates beginning the rulemaking process in 2023 and implementing the statewide notification system in 2024.

How does DPR regulate pesticides to protect the health of communities, workers, and the environment?

DPR's mission is to protect human health and the environment by regulating pesticide sales and use and by fostering reduced-risk pest management strategies.

The health and safety of farmworker communities is a top priority for DPR. State Regulations 3 CCR 6700 are in place to protect farm workers and ensure health and safety for those working in the fields where pesticide applications occur. DPR’s Worker Health and Safety Branch oversees compliance with these regulations through its programs. The program provides training and outreach to increase education and awareness around safety for workers and fieldworkers, and staff monitor human health risks and develop mitigation measures to address any identified risks. Staff also monitor and track all reported illnesses associated with pesticide exposure to help inform future mitigation efforts.

DPR and County Agricultural Commissioners respond to pesticide incidents, complaints, and questions. Various methods, including email and telephone, are currently available to report pesticide incidents and concerns. DPR provides statewide oversight of CAC local enforcement.

When will proposed system design updates be available?

To continue receiving the latest information on the statewide notification system development, please sign up for our Notification Email List.

How can I provide feedback on the statewide notification system?

DPR is in the development phase of the statewide system and is coordinating a process for broad participation across California to collect input from the public to help inform the structure and design of the tool. Feedback from community members, growers and other stakeholders has and will continue to inform the development of the statewide system.

Feedback, questions, or comments related to statewide notification can be submitted through the following channels:

• Emailed feedback may be sent to ProjectNotify@cdpr.ca.gov
• Written feedback may be sent to our mailing address:
  
  DPR – Notification
  1001 I Street, P.O. Box 4015
  Sacramento, CA 95814

Will the notification system be available in language(s) other than English?

The notification system will be available in Spanish and English at the time of implementation and will continue to prioritize providing equal access to all DPR programs and services to persons who are Limited English Proficient (LEP) in accordance with the Dymally-Alatorre Bilingual Services Act (Gov. Code, § 7290 et seq.). The department is also exploring the feasibility of including other languages.

How will the statewide notification system be enforced?

The state regulation DPR is developing will establish statewide requirements for the system’s implementation.

What funding has been provided to implement the statewide notification system?

The 2021-2022 California state budget allocated an initial $10 million over four years for the development of the statewide notification system. Long-term costs will be evaluated as a part of the regulation development in consultation with the California Department of Food and Agriculture’s Office of Pesticide Consultation and Analysis.

Are there any pesticide application notification requirements currently in place at a statewide level?

There are several types of notification currently required in California.

State Regulations 3 CCR 6618, and 6761.1 require the operator of a property where any pesticide application will take place to notify workers of the application, as well as display pesticide application specific information to workers. The notice must be in a manner the person can understand and include: The date(s), start time(s), and estimated end time(s) of the scheduled application; the location and description of the field to be treated; the pesticide product name(s), U.S. EPA registration number(s), and active ingredient(s); spray adjuvant product name(s) and California registration number(s), if applicable; the applicable restricted entry interval; if the pesticide product labeling requires the posting of treated fields, oral notification, or both; and any other precautions printed on the pesticide product labeling, or included in applicable laws and regulations, related to the protection of employees or other persons during or after application.

After a grower or property operator hires a pesticide applicator to perform a pesticide application, the applicator is required to notify the operator of the property when the pesticide application will take place. Notifications must be given orally or in writing and completed prior to the use of any pesticide, with ample time for all subsequent notifications to be made, and for all persons notified to take appropriate action. The operator of the property must notify employees, including fieldworkers and employees working on the operator's property, of the scheduled application.

State regulations also include a notification program that requires information sharing and specific restrictions on pesticide use within a quarter mile of a school or childcare center. More information on Addressing Pesticide Applications Near Schools and Child Care Facilities available on DPR’s website.

How does DPR conduct regulatory oversight?

The California Department of Pesticide Regulation protects human health and the environment by fostering safer and sustainable pest management practices and operating a robust regulatory system to evaluate and register pesticides and monitor and regulate their sale and use across the state.

DPR’s work includes conducting scientific evaluations of pesticides to assess and mitigate potential harm to human health and the environment prior to and following registration, registering all pesticides prior to sale or use in California, monitoring for pesticides in the air and water, and enforcing pesticide laws and regulations in coordination with 55 County Agricultural Commissioners and their combined 400 field inspectors across the state’s 58 counties. DPR invests in innovative research, outreach, and education to encourage the development and adoption of integrated pest management tools and practices and conducts outreach to ensure pesticide workers, farmworkers and local communities have access to pesticide safety information.

How can the public learn about past pesticide applications?

DPR provides a full report of agricultural pesticide use across the state. Under the department’s Pesticide Use Reporting program, all agricultural pesticide use must be reported monthly to County Agricultural Commissioners, who in turn, report the data to DPR. Reports can be found at Pesticide Use Reporting (ca.gov) on the DPR website.

Please sign up for our email distribution list to receive updates on the progress and development of the system DPR is developing to provide advance notification of pesticide applications.

Questions, feedback, or comments about the notification system may be sent via email to ProjectNotify@cdpr.ca.gov. Written feedback may also be sent to the following address:

DPR – Notification
1001 I Street, P.O. Box 4015
Sacramento, CA 95814