Chapter 2. Pesticides

Subchapter 1. Pesticide Registration (§6145-6314)

Article 1. General Provisions

6145. Intended to be Used.

A substance is considered to be “intended to be used,” as the phrase is used in Sections 12753 and 12758 of the Food and Agricultural Code, and thus be a pesticide requiring registration, when:

(a) A person who distributes or sells the substance claims, states, or implies, by labeling or otherwise, that:
- (1) The substance, either by itself or in combination with any other substance, can or should be used as a pesticide; or
- (2) The substance consists of or contains an active ingredient and can be used to manufacture a pesticide; or
(b) A person who distributes or sells the substance has actual or constructive knowledge that the substance will be used, or is intended by the user to be used, as a pesticide; or
(c) The substance consists of or contains one or more active ingredients and has no significant commercially valuable use as distributed or sold other than:
- (1) Use as a pesticide, by itself or in combination with any other substance; or
- (2) Use in the manufacture of a pesticide.

NOTE: Authority cited: Section 121781, Food and Agricultural Code.

Reference: Sections 12753 and 12758, Food and Agriculture Code.

6146. Liquid Chemical Sterilants.

(a) For purposes of this section, a “critical medical device” is any device that is introduced directly into the human body, either into or in contact with the bloodstream or normally sterile areas of the body, and a “semicritical medical device” is any device that contacts intact mucous membranes but which does not ordinarily penetrate the blood barrier or otherwise enter normally sterile areas of the body.
(b) Manufacturers of, importers of, and dealers in liquid chemical sterilant products (including any such products with subordinate disinfectant claims) intended for use on critical or semicritical medical devices (as device is defined in section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. sec. 321), are exempt from the requirements of Division 7 of the Food and Agricultural Code, providing the following criteria are met:
- (1) The product is not included in the federal definition of a pesticide under subdivision (u) of section 2 of the Federal Insecticide, Fungicide, and Rodenticide Act [7 U.S.C. sec.136(u)].
- (2) The product has premarket clearance from the Federal Food and Drug Administration under section 510(k) of the Federal Food, Drug, and Cosmetic Act [21 U.S.C. sec. 360(k)].
- (3) The product does not include ethylene oxide as an active ingredient.
(c) Whenever the manufacturer of, importer of, or dealer in any exempted liquid chemical sterilant has factual or scientific information of any adverse effect or risk to human health or the environment that has not previously been submitted to the department, the manufacturer, importer, or dealer shall report the information to the department within 60 days of learning of the information.
(d) Physicians, surgeons, and local health officers remain subject to the illness reporting requirements of Health and Safety Code section 105200 with regard to exempted liquid chemical sterilants.

NOTE: Authority cited: Section 12804, Food and Agricultural Code.

Reference: Section 12804 Food and Agricultural Code.

6147. Exempted Pesticide Products.

(a) Manufacturers of, importers of, and dealers in the following pesticide products or classes of pesticide products are exempt from the requirements of Division 7 of the Food and Agricultural Code, provided the pesticide products are exempt pursuant to section 25(b)(2) of the Federal Insecticide, Fungicide, and Rodenticide Act [7 U.S.C. sec. 136w(b)(2)]:
- (1) Pheromones and identical or substantially similar compounds labeled for use only in pheromone traps (or labeled for use in a manner which the Director determines poses no greater risk of adverse effects on the environment than use in pheromone traps), and pheromone traps in which those compounds are the sole active ingredient(s), as specified in 40 Code of Federal Regulations 152.25(b).
- (2) Preservatives for biological specimens, including:
  - (A) Embalming fluids;
  - (B) Products used to preserve animal or animal organ specimens, in mortuaries, laboratories, hospitals, museums and institutions of learning; and
  - (C) Products used to preserve the integrity of milk, urine, blood, or other body fluids for laboratory analysis.
- (3) Products consisting of foods that are used to attract pests and which contain no active ingredient(s).
- (4)(A) Natural cedar blocks, chips, shavings, balls, chests, drawer liners, paneling, and needles that meet all of the following criteria:
  1. The product consists totally of cedarwood or natural cedar.
  2. The product is not treated, combined, or impregnated with any additional substance(s).
  3. The product bears claims or directions for use solely to repel arthropods other than ticks or to retard mildew, and no additional claims are made in sale or distribution. The labeling must be limited to specific arthropods, or must exclude ticks if any general term such as “arthropods,” “insects,” “bugs,” or any other broad inclusive term is used.
- (B) The exemption does not apply to natural cedar products claiming to repel ticks, including cedar oil or formulated products containing cedar oil, other cedar extracts, or ground cedar wood.
- (5)(A) Products containing the following active ingredients alone or in combination with other substances listed in paragraph (5)(A), provided that all the criteria specified in paragraphs (5)(C) and (5)(D) are met:
  - Castor oil³
  - Cedarwood oil¹
  - Cinnamon
  - Cinnamon oil¹
  - Citric acid¹
  - Citronella⁴
  - Citronella oil⁴
  - Cloves²
  - Clove oil^1,2
  - Corn gluten meal
  - Corn oil
  - Cornmint
  - Cornmint oil¹
  - Cottonseed oil
  - Dried blood
  - Eugenol^1,2
  - Garlic
  - Garlic oil¹
  - Geraniol²
  - Geranium oil²
  - Lauryl sulfate¹
  - Lemongrass oil¹
  - Linseed oil
  - Malic acid¹
  - Peppermint²
  - Pepermint oil^1,2
  - 2-Phenylethyl propionate¹
  - Potassium sorbate¹
  - Putrescent whole egg solids
  - Rosemary²
  - Rosemary oil^1,2
  - Sesame⁵
  - Sesame oil
  - Sodium chloride
  - Sodium lauryl sulfate^1,2
  - Soybean oil
  - Spearmint
  - Spearmint oil¹
  - Thyme²
  - Thyme oil^1,2
  - White pepper¹
  - Zinc⁶
  - ¹ Products containing 8.5% or more of this active ingredient in the formulated product must at a minimum bear the signal word “CAUTION,” the phrase “Keep Out of Reach of Children,” appropriate precautionary language, and a requirement for appropriate protective eyewear and gloves.
  - ² Products containing this active ingredient intended for topical application to human skin must at a minimum bear the signal word “CAUTION,” the phrase “Keep Out of Reach of Children,” a dermal sensitization precautionary statement, a prohibition against application to the hands of children, and use directions requiring adult supervision during application to children.
  - ³ United States Pharmacopeia (U.S.P.) or equivalent
  - ⁴ Non-topical uses only
  - ⁵ Includes ground sesame plant
  - ⁶ Zinc metal strips (consisting solely of zinc metal and impurities)
- (B) Topical use products containing less than or equal to 1% of the following active ingredients alone or in combination with each other, provided: the product label carries as a minimum the signal word “CAUTION,” the phrase “Keep Out Of Reach of Children,” a dermal sensitization precautionary statement, a prohibition against application to the hands of children, and use directions requiring adult supervision during application to children, and (ii) all the criteria specified in paragraphs (5)(C) and (5)(D) are met:
  - Citronella
  - Citronella oil
- (C) A pesticide product exempt under paragraphs (5)(A) and (5)(B) of subsection (a) may include as inert ingredients only those substances listed in the U.S. Environmental Protection Agency’s Inert Ingredients Permitted in Minimum Risk Pesticide Products (40 CFR 152.25(f)(2)(iv)) (December 28, 2015), hereby incorporated by reference, and commonly consumed food commodities, animal feed items, and edible fats and oils (40 CFR 180.950(a) – (c)) (May 24, 2002), hereby incorporated by reference.
- (D) In addition, all of the following conditions must be met for products to be exempted under subsection (a)(5):
  1. Each product containing the substance must bear a label identifying the name and percentage (by weight) of each active ingredient as listed in paragraph 5(A). Each product must also list all inert ingredients by the label display name listed on U.S. EPA’s Inert Ingredients Permitted in Minimum Risk Pesticide Products (40 CFR 152.25(f)(2)(iv)).
  2. The product must not bear claims either to control or mitigate microorganisms that pose a threat to human health, including but not limited to disease transmitting bacteria or viruses, or claims to control insects or rodents carrying specific diseases, including, but not limited to ticks that carry Lyme disease.
  3. Company name and contact information.
    1. The name of the producer or the company for whom the product was produced must appear on the product label. If the company whose name appears on the label in accordance with this paragraph is not the producer, the company name must be qualified by appropriate wording such as “Packed for [insert name],” “Distributed by [insert name], or “Sold by [insert name]” to show that the name is not that of the producer.
    2. Contact information for the company specified in accordance with paragraph 5(D)(3)(i) of this section must appear on the product label including the street address plus ZIP code and the telephone number of the location at which the company may be reached.
  4. The product must not include any false and misleading labeling statements, including those listed in 40 CFR 156.10(a)(5)(i) through (viii).
(b) Whenever the manufacturer of, importer of, or dealer in any product exempted pursuant to this section has factual or scientific evidence of any adverse effect or risk to human health or the environment that has not previously been submitted to the department, the manufacturer, importer, or dealer shall report the evidence to the department within 60 days of learning of the information.

NOTE: Authority cited: Section 11456, 12781, and 12803, Food and Agricultural Code.

Reference: Section 12803, Food and Agricultural Code.

6148. Fee for Each Product Submitted for Registration.

(a) The fee for each pesticide product submitted for registration is $1,500. The fee applies to each:
- (1) New pesticide product;
- (2) Additional brand name of a pesticide product; and
- (3) Pesticide product where there is a change in business ownership of the product.
(b) If the Director returns an incomplete application for product registration to the applicant, the applicant has 180 days from the date the Director initially returned the application to resubmit a complete application without payment of a new registration fee. A new registration fee must accompany applications resubmitted after 180 days from the date the Director returned the application.

NOTE: Authority cited: Sections 12781 and 12812, Food and Agricultural Code.

Reference: Section 12812, Food and Agricultural Code.

6148.5 Fees for Amendments to Registered Pesticide Products.

(a) Each application to amend the labeling or formulation of a registered pesticide product shall be accompanied by a fee of $300. This fee does not apply to special local needs labeling.
(b) If the Director returns an incomplete application to amend the labeling or formulation of a registered pesticide product to the applicant, the applicant has 180 days from the date the Director initially returned the application to resubmit a complete application without payment of a new fee. A new fee must accompany applications resubmitted after 180 days from the date the Director returned the application.

NOTE: Authority cited: Sections 12781 and 12812, Food and Agricultural Code.

Reference: Section 12812, Food and Agricultural Code.

6151. Evaluation Time Frames.

The director shall complete the evaluation of data submitted pursuant to Section 6170 for a pesticide containing any active ingredient not currently registered by the director, or for any new major use within 120 days of receipt of all such data, and within 60 days of receipt of such data for all other pesticides. When additional specific data are requested, evaluation of it shall be completed within 30 days of receipt. During the evaluation of data, 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.

NOTE: Authority cited: Sections 12781, 12976, 14004.5 and 14005, Food and Agricultural Code.

Reference: Sections 12824 and 14004.5, Food and Agricultural Code.

6152. Brands.

(a) A pesticide may be registered under more than one brand name, but the same brand name cannot be registered for products of different chemical composition, or different physical condition sufficient to affect its pesticide properties.
(b) When a registrant submits revised labeling for a currently registered pesticide to the director, all changes from the previous labeling shall be clearly specified by the registrant.

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.

6153. Transfer of Registration.

A certificate of registration cannot be transferred if there is a change of business ownership, but a new application and fee are necessary.

NOTE: Authority cited: Sections 11456, 12781 and 14005, Food and Agricultural Code.

Reference: Sections 12751-12994, Food and Agricultural Code.

6154. Change of Name.

Change of the name of a registrant may be made without additional fee by submission of the following papers to the director:

(a) The current certificate of registration;
(b) A new completed application form; and
(c) An affidavit of no change of business ownership.

NOTE: Authority cited: Sections 11456, 12781 and 14005, Food and Agricultural Code.

Reference: Sections 12751-12994, Food and Agricultural Code.

6156. Registration Date.

Registration of a pesticide shall become effective on the date the certificate of registration is issued. Such certificate shall not be issued if the director determines the pesticide is to be classified as a restricted material until the pesticide has been so classified.

NOTE: Authority cited: Sections 11456, 11502, 12005, 12111, 12531, 12561, 12781, 12824, 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.

6157. Certification.

(a) Each applicant shall certify, by an authorized official of the registrant, under penalty of perjury that to the best of the applicant’s knowledge, based upon all information available to the applicant, all information submitted in connection with the application for registration or renewal is accurate and complete.
(b) If the director finds that the applicant has submitted inaccurate or incomplete information, the director shall initiate action to refuse or cancel the registration pursuant to Section 12825(f) of the Food and Agricultural Code.

NOTE: Authority cited: Sections 11456 and 12781, Food and Agricultural Code.

Reference: Sections 12753, 12758, 12815, 12825, 12827, 12827.5 and 14102, Food and Agricultural Code.

6158. Review and Evaluation.

During the review and evaluation of proposed pesticide labeling and data to support registration, the director shall give special attention to the provisions of Sections 11501, 12824, 12825, 12826, 14102, and 14103 of the Food and Agricultural Code and to each of the following factors, when applicable, in reaching a decision to register or not register the pesticide:

(a) Acute health effects such as oral toxicity, dermal toxicity, inhalation toxicity, acute eye and skin damage potential, or sensitization potential.
(b) Evidence of chronic health effects such as carcinogenicity, teratogenicity, mutagenicity, fetal toxicity, and delayed neurotoxicity.
(c) Potential for environmental damage, including interference with the attainment of applicable environmental standards (e.g., air quality standards and water quality objectives).
(d) Toxicity to aquatic biota or wildlife.
(e) Method of medical management of poisoning or other injuries.
(f) Analytical methods.
(g) The availability of feasible alternatives.
(h) Efficacy.

If any of these factors are anticipated to result in significant adverse impacts which cannot be avoided or adequately mitigated, registration will not be granted unless the director makes a written finding that anticipated benefits of registration clearly outweigh the risks. When deciding whether or not to register a pesticide for which feasible alternatives exist, the director shall consider any substantial adverse environmental impact which would likely occur from a lack of additional pest control options for the specific proposed use.

NOTE: Authority cited: Sections 11456, 11502, 12005, 12111, 12531, 12561, 12781, 12824, 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.

6159. Data Requirements.

The director finds that the data required by the United States Environmental Protection Agency (U.S. EPA) regulations governing pesticide registration, reregistration, and classification adopted in Title 40, Code of Federal Regulations pursuant to authority in the Federal Insecticide, Fungicide and Rodenticide Act substantially meet the data requirements of section 12824 of the Food and Agricultural Code, except as provided in this section and sections 6158, 6170, 6172, 6176-6179, 6180(a), 6181-6192, 6200, 6210, 6215, and 6222. Information meeting such regulations shall be supplemented as specified in this section and sections 6158, 6170, 6172, 6176-6179, 6180(a), 6181-6192, 6200, 6210, 6215, and 6222. Data waived by the U.S. EPA shall be submitted to the director except when the director makes a written finding that such data are not required to meet the purposes of Sections 11501, 12824, 12825, 12826, 14102, or 14103 of the Food and Agricultural Code.

NOTE: Authority cited: Sections 11456 and 12781, Food and Agricultural Code. Reference: Sections 11501, 12824, 12825, 12826, 14102 and 14103, Food and Agricultural Code.

6160. Operational Protocol for Pesticide Registration and Evaluation Manual. [Repealed]

NOTE: Authority cited: Sections 11456, 12781, 12976, 12981 and 14005, Food and Agricultural Code.

Reference: Sections 12751-14104, Food and Agricultural Code.

6168. Fee for Certificate of Interim Registration.

In addition to the application fee required pursuant to section 6148, each application for a certificate of interim registration shall be accompanied by a fee of $5,000 (five thousand dollars) to cover the department’s costs of reviewing and processing the application. The $5,000 fee also applies to applications:

(a) For interim registration of an amendment to the labeling of a currently registered product; and
(b) To amend the labeling and certificate of registration of a product that already has been issued a certificate of interim registration when the amendment will allow additional uses of that product under conditions of interim registration.

NOTE: Authority cited: Sections 12781, 12812, and 13168, Food and Agricultural Code.

Reference: Section 13170, Food and Agricultural Code.

Article 2. Registration Requirements

6170. Application.

(a) Each application for registration of a pesticide product shall be made on the Application for Pesticide Registration DPR-REG-030 (Rev. 10/24) form, hereby incorporated by reference, and described in section 6170.5. The application is incomplete and may be returned by the Director if the application is not accompanied by the fee required by section 6148, six copies of the product labeling, and the data required to be submitted by sections 6159, 6170, 6172, 6176-6179, 6180(a), 6181-6192, and 6200 when applicable to support registration of the product. All data submitted by the applicant to the U.S. EPA in support of federal registration shall be submitted and all studies shall be submitted in full. The product labeling should be printer’s proof, final labels, or legible photocopies, thereof. If typescript labels are submitted with the application, printer’s proof, final labels, or legible photocopies, thereof, must be submitted before a Certificate of Registration (License) for the product will be issued. If the label has been approved by a federal agency, proof of such approval shall be submitted with the application.
(b) An application to amend the labeling (including a special local needs labeling) of a pesticide product is incomplete and may be returned by the Director if the application is not accompanied by the fee required by 6148.5, six copies of the labeling and the data required to be submitted by sections 6159, 6170, 6172, 6176-6179, 6180(a), 6181-6192, and 6200 when applicable to the amendment. The application to amend the labeling shall be accompanied by all data submitted by the applicant to the U.S. EPA in support of the federal amended labeling of the product and all studies shall be submitted in full. The product labeling should be printer’s proof, final labels or legible photocopies, thereof. If typescript labels are submitted, printer’s proof, final labels or legible photocopies, thereof, must be submitted before the amended label will be accepted for use. If the amended labeling has been approved by a federal agency, proof of such approval shall be submitted with the amendment application.
(c) In lieu of submitting data pursuant to subsections (a) and (b) of this section, an applicant for registration or amendment may reference appropriate data previously submitted to the Director or a pesticide product(s) previously approved by the Director that would be subject to some or all of the same data requirements as applicable to the applicant’s product.
(d) If an applicant does not submit or reference its own data to support its application for registration or amendment, it is subject to the requirements imposed under Food and Agricultural Code section 12811.5.

NOTE: Authority cited: Section 12781, Food and Agricultural Code.

Reference: Sections 12811, 12812, 12815 and 12816, Food and Agricultural Code.

6170.1. Application for Registration of Economic Poison (Pesticide) Form. [Repealed]

NOTE: Authority cited: Sections 407 and 12781, 12845, Food and Agricultural Code.

Reference: Sections 12811, 12815 and 12821, Food and Agricultural Code.

6170.5. Application Form.

The form referred to in section 6170(a) shall require registrants to provide the following information when applicable.

(a) Firm name, (same as on file with the United States Environmental Protection Agency (U.S. EPA);
(b) Firm mailing address and street address, if different from mailing address;
(c) Name and telephone number of official authorized to answer questions concerning the application;
(d) Brand name of pesticide product (exactly as shown on label);
(e) U.S. EPA or CA registration number of pesticide product;
(f) Type of U.S. EPA registration obtained;
(g) Type of California registration action being requested;
(h) Whether pesticide product contains biochemicals and/or microbials;
(i) Type(s) and size(s) pesticide product is to be sold in;
(j) Whether pesticide product requires child-resistant packaging;
(k) Signal word on label;
(l) Specific gravity and pounds/gallon of liquid formulations;
(m) Bulk density of solid formulations;
(n) pH of water soluble formulations;
(o) Flash point/flame extension of products containing more than 70% petroleum distillates;
(p) Whether product is intended for commercial agricultural use and/or by householders;
(q) Type of pesticide product;
(r) Method(s) of application;
(s) Type of formulation;
(t) Common chemical name, trade name and CAS number or ATCC number for each active ingredient in the formulation;
(u) Product name(s) and U.S. EPA or CA registration number(s) of the source product(s) of each active ingredient in the formulation;
(v) Percent by weight of source product(s) and of active ingredient(s) in formulated product;
(w) Common chemical name, trade name and the CAS number or ATCC number of each inert ingredient in the formulation (if reporting by trade name only, include Safety Data Sheets);
(x) Product name(s) of the source product(s) of each inert ingredient in the formulation;
(y) Purpose of each inert ingredient in formulated product;
(z) Percent by weight of source product(s) and of the inert ingredient(s) in the formulated product.

NOTE: Authority cited: Section 12781 and 12845, Food and Agricultural Code.

Reference: Sections 12811, 12815 and 12821, Food and Agricultural Code.

6171. Document Requests.

Each applicant shall, upon request of the director, submit to the director a copy of any part or all documents submitted to or required by the EPA in support of such pesticide. Each document request pursuant to this subsection shall include the director’s reason for the request.

NOTE: Authority cited: Sections 11456, 11502, 12005, 12111, 12531, 12561, 12781, 12824, 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.

6172. General Toxicity Data.

(a) The following data shall be submitted with every application for registration.
- (1) Acute oral and dermal LD50 data on the product.
- (2) Acute LC50 data on products which produce a respirable aerosol or gas.
- (3) Primary eye and skin irritation data on the product.
(b) The following data in addition to the data required by (a), (1)-(3), shall be submitted with each application to register a product containing an active ingredient not previously registered when required by the U.S. EPA to support the full unconditional registration pursuant to Section 3 of the Federal Insecticide, Fungicide and Rodenticide Act. Pesticides which are determined to be biorational pesticides as determined by the director, may be exempted from the chronic toxicity data requirements.
- (1) Results of a two-year feeding study for oncogenicity on active ingredients in two animal species.
- (2) Results of a teratogenicity study and a two-generation combined male-female reproductive study on active ingredients.
- (3) Results of three mutagenicity studies on active ingredients that detect gene mutations, chromosomal aberrations, and DNA damage/repair.

NOTE: Authority cited: Sections 12781 and 12824, Food and Agricultural Code.

Reference: Sections 11501 and 12824-12825, Food and Agricultural Code.

Article 3. Supplemental Data Requirements

Dermal Absorption. Each applicant to register a pesticide product that has an active ingredient with an acute dermal toxicity (LD₅₀) of 2,000 or less milligrams per kilogram of body weight for a 24-hour period shall submit to the director dermal absorption data.

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.

6177. Mixer, Loader, Applicator Exposure.

Each applicant to register a pesticide product in toxicity category one or two, the use of which may be expected to result in significant respiratory or dermal exposure during mixing, loading, or application shall submit appropriate, dermal or inhalation exposure data. Studies required by this section that involve human participants, to be conducted in California, shall meet the requirements of section 6710.

NOTE: Authority cited: Sections 12781 and 12981, Food and Agricultural Code.

Reference: Sections 12815, 12824, 12980, 12981, 12987 and 12988, Food and Agricultural Code.

6178. Management of Poisoning.

Each applicant to register a new pesticide product or a new use of a previously registered product shall submit to the director a protocol supported by data for the practical treatment of poisoning and other injury cases.

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.

6179. Spray Adjuvants.

Each applicant to register a spray adjuvant that is exempt from a tolerance pursuant to U.S. EPA regulations shall submit to the director acute toxicity data on the formulated product including oral, dermal and inhalation toxicity values, and the results of eye and skin irritation tests. If the director determines that the data indicate a risk of chronic effect, the applicant shall submit data relating to such chronic effect.

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.

6180. Rodenticides.

(a) Each applicant to register a pesticide that is a rodenticide shall submit biochemical data describing the metabolic pathway and the mode of action in animal models suitable for extrapolation of the data to people.
(b) Anticoagulant rodenticide baits intended for home use shall contain a color additive of such intensity as to be readily evident.
(c) Suggested dyes for anticoagulant baits are listed in the department’s Vertebrate Pest Control Handbook (Publication No. 410).
(d) Baits containing strychnine shall be dyed with a green color additive as specified in the department’s Vertebrate Pest Control Handbook.
(e) Subsections (b) and (c) do not apply to bird control materials or animal repellents.

NOTE: Authority cited: Section 12781, Food and Agricultural Code.

Reference: Sections 11501 and 12824, Food and Agricultural Code.

6181. Foliar Residue and Field Reentry.

Each applicant proposing to register a new pesticide product or new use of a previously registered pesticide product that is intended for use on a commercially grown crop where there may be substantial exposure by field workers, shall submit acceptable foliar and soil residue data, including data on toxic alteration products if (a) any active ingredient or alteration product has an acute dermal toxicity (LD50) of 2,000 or less milligrams per kilogram of body weight for a 24-hour period, (b) is highly irritating to the skin, (c) is a sensitizer, or (d) involves a potential risk of a chronic health effect.

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.

6182. Field Reentry.

(a) A proposed pesticide use that poses a safety hazard to field workers will not be registered until a safety interval to protect such workers has been established and is in effect by regulation or label statement.
(b) Reentry intervals shall be established on the basis of data on dermal absorption, inhalation and dermal/oral-response studies in animal models in conjunction with foliar and soil dissipation data and any available human exposure data. The selected reentry interval will be sufficiently long to ensure that a safe (no-effect) level is present on foliage and the soil when workers may reenter previously treated areas.
(c) In the case of a safety interval set without a human reentry study, the director may require a field monitoring study of workers during the first year of use.

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.

6183. Indoor Exposure.

Each applicant to register a pesticide product, the use of which in houses, institutions, or other buildings may result in dermal or respiratory exposure after application, shall submit exposure data. Studies required by this Section that involve human participants, to be conducted in California, shall meet the requirements of Section 6710.

NOTE: Authority cited: Sections 12781 and 12981, Food and Agricultural Code. Reference: Sections 12815, 12824, 12980, 12981, 12987 ans 12988, Food and Agricultural Code.

Reference: Sections 11401-12121, 12501-12671, 12751-13102 and 14001-14104, Food and Agricultural Code.

6184. Residue Test Method.

(a) Each applicant for the registration of a pesticide product shall provide the director with a method and a standard sample for accurately determining residues of (1) each active ingredient in the pesticide product and (2) each metabolite that may result from the active ingredient for which a tolerance has been established by the U.S. EPA in the Code of Federal Regulations. Test methods shall allow the director to determine residues in or on plant or animal tissue, soil, and water.
(b) In the case of a pesticide intended for use on a food crop for which a residue tolerance has been established, the method shall allow the director to determine the residue on each crop within a continuous 24-hour period. Registration may be allowed for a reasonable time during which the applicant can comply with this subsection. The registration shall not be allowed to continue for more than 2 years without compliance with this subsection unless the applicant provides the director with an equally effective procedure for accomplishing the protection offered by the 24-hour method.

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.

6185. Residue Data.

Residue data required by sections 6159 and 6181 shall be obtained under California or similar environmental use conditions. Such data shall take into consideration differences in plants, soils, climatic conditions, and application techniques.

NOTE: Authority cited: Sections 11456, 11502, 12005, 12111, 12531, 12561, 12781, 12824, 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.

6186. Efficacy.

Each application for registration or amendment to the labeling of a pesticide shall be accompanied by data supporting each efficacy claim. If data supporting such claims are in the public domain and copies of the data are provided, the submission of such data may satisfy the requirement of this Section. Such data shall be obtained under California or similar environmental use conditions and shall take into consideration differences in plants, soils, climate conditions, and application techniques.

NOTE: Authority cited: Sections 14004.5 and 14006.7, Food and Agricultural Code.

Reference: Sections 11501, 12561, 12824, 12825 and 12854, Food and Agricultural Code.

6187. Hazards to Bees.

Each applicant to register a pesticide product which, under field conditions, may be likely to contact commercial apiaries or pollinating bees shall submit to the director test data indicating the product’s acute chronic toxicity to bees. Testing procedures shall be those described by the University of California laboratory studies included in Leaflet 2287, or equivalent procedures.

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.

6188. Closed System Compatibility.

(a) Each applicant to register a liquid pesticide product bearing the label statement, “Fatal if absorbed through skin,” “May be fatal if absorbed through skin,” “Corrosive, causes skin damage,” or other comparable language labeled for any use for the production of an agricultural commodity shall submit to the Director data on the product’s viscosity and such other data the Director may require to comply with sections 6188(b) and 6746.
(b) No liquid pesticide labeled for any use for the production of an agricultural commodity and bearing the label statement, “Fatal if absorbed through skin,” “May be fatal if absorbed through skin,” “Corrosive, causes skin damage,” or other comparable language shall be registered unless the product is compatible with closed mixing systems as defined in section 6746.

NOTE: Authority cited: Sections 11456, and 12781, Food and Agricultural Code.

Reference: Sections 11501, 12815 and 12824, Food and Agricultural Code.

6189. Effects on Pest Management.

Each applicant to register a pesticide for use on a crop for which it was not previously registered shall submit data to the director concerning any adverse effect of the product on pest management systems for that crop.

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.

6190. Copper-based Antifouling Paints and Coatings.

(a) Each applicant to register a copper-based antifouling paint or coating shall submit the daily mean copper release rate for the product using the International Organization for Standardization (ISO) method 10890:2010, “Paints and varnishes – Modelling of biocide release rate from antifouling paints by mass-balance calculation,” hereby incorporated by reference, and supporting data used for the calculation.
(b) Using the rate and data provided pursuant to (a) of this section and a correction factor of 2.9, the Director will calculate an adjusted daily mean copper release rate to account for environmental conditions.
(c) The provisions in this subsection pertain to copper-based antifouling paint or coating products except when labeled for commercial vessel use only or prohibited from use on recreational vessels. For the purposes of this subsection, “recreational vessel” means any vessel manufactured or used primarily for pleasure or leased, rented, or chartered to a person for the person’s pleasure, and/or used as a residence. “Commercial vessel” means any private, commercial, government, or military marine vessel that does not otherwise meet the definition of recreational vessel, including, but not limited to, passenger ferries; excursion vessels; tugboats; ocean-going tugboats; towboats; push-boats; crew and supply vessels; work boats; pilot vessels; supply boats; fishing vessels; research vessels; U.S. Coast Guard vessels; hovercraft; emergency response harbor craft; and barge vessels.
- (1) Effective July 1, 2018, no copper-based antifouling paint or coating shall be registered that exceeds the adjusted daily mean copper release rate of 9.5 micrograms per square centimeter per day, as determined by the Director pursuant to (b) of this section.
- (2) Effective July 1, 2018, any currently registered copper-based antifouling paint or coating that exceeds the adjusted daily mean copper release rate of 9.5 micrograms per square centimeter per day, as determined by the Director pursuant to (b) of this section, will be subject to cancellation pursuant to Food and Agricultural Code section 12825.

NOTE: Authority cited: Sections 11456, 12781 and 12976, Food and Agricultural Code. Reference: Sections 12824, 12825 and 14102, Food and Agricultural Code.

6191. Volatile Organic Compounds.

The director, after consultation with the Air Resources Board, shall determine under what circumstances interference with the attainment and maintenance of ambient air quality standards is likely to result from the evaporative emission of volatile organic compounds contained in a pesticide product and may require the applicant to supply data regarding such emissions.

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.

6192. Other Data.

Each applicant to register a pesticide product shall submit to the director any other data determined by the director to be necessary to carry out the provisions of Section 12824 of the Food and Agricultural Code. Each data request pursuant to this section shall include the director’s reason for the request. Such data may include, but is not limited to the following:

(a) Pesticide drift.
(b) Phytotoxicity.
(c) Environmental effects.
(d) Analytical and environmental chemistry.
(e) The effect from the use of mixtures of two or more products in combination.
(f) Contaminants in pesticide products.

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.

6193. Wettable and Soluble Powders. [Repealed]

NOTE: Authority cited: Sections 407, 12781 and 14005, Food and Agricultural Code.

Reference: Sections 12751-12994, Food and Agricultural Code.

6193.5. Acute Effects Data for Dietary Risk Assessment.

(a) For the purposes of this Section, “acute exposure” is defined as a single treatment or repeated treatments during a period normally not to exceed seven days. Signs of acute toxicity are physical, behavioral, or biochemical manifestations, resulting from acute exposure, which are relevant to assessing dietary risks resulting from acute exposures of humans. Relevant observations of acute toxicity are described in the U.S. EPA Pesticide Assessment Guidelines, Subdivision F.
(b) The following data, from studies using active ingredients, are required to assess dietary risk resulting from acute exposures:

(1) Acute oral LD₅₀ toxicity data as required pursuant to Title 40 Code of Federal Regulations, Part 158.340; and

(2) Oral toxicity data demonstrating a No Observed Effect Level (NOEL) for signs of acute toxicity following acute exposure and oral toxicity data sufficient to produce a dose-response curve for active ingredients with known biological indicators (e.g., cholinesterase inhibition) when this response is relevant to the NOEL. For active ingredients with anticholinesterase activity, at a minimum, red blood cell cholinesterase activity must be reported.
(c) The data listed in subsection (b) shall be submitted with each application for registration of:

(1) A pesticide product intended for use on food or feed crops and containing an active ingredient not currently registered for food or feed use; or

(2) Amended labeling which would add directions for use on food or feed crops to the label of a pesticide product containing an active ingredient not currently registered for food or feed use.
(d) Pursuant to Section 13060 of the Food and Agricultural Code, when notified by the department, registrants of pesticides labeled for use on food or feed crops must submit the acute effects data listed in subsection (b). Registrants shall have nine months from the date of the department’s notice to submit the data.
(e) The department will not require the data listed in subsections (b) for active ingredients for which the department has made a written determination that existing data demonstrates that acute dietary exposure is not of toxicological concern.

NOTE: Authority cited: Section 12781, Food and Agricultural Code.

Reference: Sections 12824 and 13060, Food and Agricultural Code.

6194. Required Submission of Data.

(a) Registrants required to submit data in support of registrations pursuant to Food and Agricultural Code Sections 13060(c)(1), 13127, 13143 or 13146 shall respond to the director’s notices of the data and study requirements. Where the notice pertains to data required pursuant to Food and Agricultural Code Section 13127, the data shall be one or more of the mandatory health effects studies specified in Food and Agricultural Code Section 13123. Where the notice pertains to data required pursuant to Food and Agricultural Code Sections 13143 or 13146, the data shall be all or some of the information specified in Food and Agricultural Code Section 13143(a)(1) through (6). Where the notice pertains to data required pursuant to Food and Agricultural Code Section 13060(c)(1), the data shall be that listed in Section 6193.5(b). Not later than 90 days after the date of such a notice, registrants shall inform the director in writing as to how they will comply with the data requirements by choosing one or more of the following options:

(1) Submit the data with their response to the notice.

(2) Develop and submit the data.

(3) Agree to jointly develop and submit the data with one or more parties and provide a copy of the agreement signed by the participating parties.

(4) Acquire authorization to use data being developed and submitted by another party and provide a copy of the authorization signed by that party.

(5) For data required pursuant to Sections 13127, 13143 or 13146 of the Food and Agricultural Code, offer to compensate the developer(s) of the data and provide a copy of the offer, together with evidence that the data developer(s) received the offer.

(6) Claim the data requirements are not applicable to the registered use patterns of the registrant’s pesticide products and provide information supporting the claim.

(7) When applicable to the particular notice, claim an exemption from the mandatory health effects data requirements pursuant to Food and Agricultural Code Section 13128, or claim an exemption from the acute effects data requirements pursuant to Food and Agricultural Code Section 13060(c)(2), and provide the information specified in subsection (c).
An option shall be chosen for each data requirement; however, different options may be chosen for different data requirements. When requested by the director, registrants who have chosen options (2) and/or (3) shall submit a written status report to the director regarding the development of the data which shall include, but is not limited to:

(1) The name and address of the person/organization conducting the study.

(2) The initiation and expected completion dates; and

(3) The scheduled date of submission of the data to the department. The status report shall be submitted not later than 30 days after the date of the director’s request, unless a later date is specified.
(b) Pursuant to Food and Agricultural Code Sections 13060(c)(2) and 13128, data requirements noticed pursuant to Food and Agricultural Code Sections 13060(c)(1) and 13127, respectively, shall not apply to applicants or registrants of end use products that are formulated using another producer’s pesticide product which is registered with the United States Environmental Protection Agency (U.S. EPA), provided all pesticide active ingredients in the formulated product are derived solely from one or more EPA registered pesticide products and the producer(s) has/have chosen from options (1), (2), (3) and/or (5) in subsection (a) of this Section, and is/are in compliance with the requirements of Sections 13060(c)(1) or 13127 whichever applies, of the Food and Agricultural Code and the director’s regulations in chapter 6 of Title 3 of the California Code of Regulations.
(c) The director shall grant an exemption as authorized by Sections 13060(c)(2) and 13128 of the Food and Agricultural Code to an applicant or registrant that meets the conditions specified in subsection (b). To apply for an exemption, the applicant or registrant shall submit the following:

(1) The name and the EPA registration number of each pesticide product purchased to formulate the end use product; and

(2) The name of the producer(s) from whom the applicant or registrant purchases the active ingredient(s) used to formulate the product(s), who has/have chosen from options (1), (2), (3) and/or (5) in subsection (a) of this Section, and is/are in compliance with the requirements of Sections 13060(c)(1) or 13127, whichever applies, of the Food and Agricultural Code, and the director’s regulations contained in chapter 6 of Title 3 of the California Code of Regulations. If the active ingredient(s) is/are not purchased directly from the producer(s), but through a supplier, include a statement identifying the producer(s) by name and certifying that the active ingredient(s) used to formulate the product(s) is/are purchased indirectly from a producer(s) who has/have chosen from options (1), (2), (3) and/or (5) in subsection (a) of this Section, and is/are in compliance with the requirements of Sections 13060(c)(1) or 13127, whichever applies, of the Food and Agricultural Code and the director’s regulations contained in chapter 6 of Title 3 of the California Code of Regulations.
(d) If a registrant that has been granted an exemption pursuant to Sections 13060(c)(2) or 13128 of the Food and Agricultural Code purchases a pesticide product different from that reported in accordance with subsection (c), the registrant shall notify the director of the change. If the registrant still meets the conditions specified in subsection (b) and wishes to request an exemption, the registrant shall reapply for the exemption following the procedure described in subsection (c).
(e) An applicant or registrant that has been granted an exemption pursuant to Sections 13060(c)(2) or 13128 of the Food and Agricultural Code will be exempt as long as the producer(s) of the pesticide active ingredient(s) in its end use product has/have chosen from options (1), (2), (3) and/or (5) in subsection (a) of this Section, and is/are in compliance with the requirements of Sections 13060(c)(1) or 13127, respectively, of the Food and Agricultural Code and the director’s regulations contained in chapter 6 of Title 3 of the California Code of Regulations. An applicant or registrant that no longer qualifies for such an exemption is subject to the requirements of Sections 13060(c)(1) or 13127, whichever applies, of the Food and Agricultural Code.

NOTE: Authority cited: Sections 12781 and 13145, Food and Agricultural Code.

Reference: Sections 13060, 13127, 13128, 13143 and 13146, Food and Agricultural Code.

6195. Acceptability of Submitted Studies.

(a) The director will determine whether information and studies submitted pursuant to Sections 13127, 13143 and 13146 of the Food and Agricultural Code are valid, complete, and adequate. The determination will be made by considering the following factors including, but not limited to:

(1) Study design and conduct,

(2) Test substance characterization,

(3) Collecting and reporting of data,

(4) Statistical analysis of study results, and

(5) A showing by the registrant that the information and studies meet the requirements of Food and Agricultural Code Sections 13123.5 or 13143.
(b) The director’s determination of acceptability shall be final unless, within 90 days after notice to the registrant of disapproval, the registrant petitions for reconsideration and shows in detail therein the particular matters alleged to have been improperly evaluated by the director and the reasons supporting a different evaluation. The director may grant reconsideration upon such showing and may permit the registrant to supplement the material previously submitted, or otherwise show that the studies submitted are acceptable. The time periods and procedures in such reconsideration actions shall be set by the director in consideration of the particular matters involved.

NOTE: Authority cited: Sections 12781 and 13145, Food and Agricultural Code.

Reference: Sections 13127, 13143 and 13146, Food and Agricultural Code.

6196. Adoption of Federal Authority.

As authorized by Sections 13127 and 13146 of the Food and Agricultural Code, the director adopts the provisions of subparagraph (B) of paragraph (2) of subdivision (c) of Section 136a of Title 7 of the United States Code, as applicable to compensation for data development pursuant to Food and Agricultural Code Sections 13127, 13143 and 13146 and for suspension of registrations pursuant to Food and Agricultural Code Sections 13127, 13127.2, 13127.6, 13127.91, 13127.92 and 13146. References therein to the authority of the Administrator of the United States Environmental Protection Agency (U.S. EPA), acting pursuant to the provisions of the Federal Insecticide, Fungicide and Rodenticide Act, shall be deemed to refer to the director, acting under the provisions of the Food and Agricultural Code and regulations in Title 3 of the California Code of Regulations. The following provisions shall apply to the adoption of the federal authority:

(a) The director’s authority under other provisions of law is not affected.
(b) Compensation procedures under federal law are exclusive at any time such federal procedures can be initiated before an arbitration award under this Section becomes final. A later award under federal law for submission of the same data, or substantially the same data, shall supersede an award under this Section.
(c) Arbitration proceedings under this Section shall be conducted by arbitrators of the American Arbitration Association using federal procedures to the extent practicable.
(d) Arbitration awards under this Section shall be subject to review in courts of competent jurisdiction to the same extent as judgments of California superior courts.
(e) No compensation proceedings are authorized of resubmission of public literature studies.
(f) Compensation for the use of data submitted to the director is applicable only for studies initiated after January 1, 1985 to fill the data requirements of Food and Agricultural Code Section 13127 and studies initiated after January 1, 1986 to fill the information requirements of Food and Agricultural Code Sections 13143 and 13146. When submitted to the director, use of these data is subject to protection only to the same extent and for the same time periods as such use would be subject to protection by the U.S. EPA Administrator, had the data been submitted to U.S. EPA pursuant to 7 U.S.C. 136a(c)(2)(B)(v).
(g) The director may include in each Notice of Intent to Suspend such provisions as the director deems appropriate concerning the continued sale of existing stocks of the products included in the Notice.
(h) The only matters for resolution at the hearing, called pursuant to the Notice of Intent to Suspend, shall be whether the registrant has failed to take the action that served as the basis for the Notice of Intent to Suspend, including, but not limited to, failing to take appropriate steps to submit the data required, to participate in a procedure for reaching agreement concerning a joint data development arrangement, to participate in an arbitration proceeding as required, to comply with the terms of an agreement or arbitration decision concerning a joint data development arrangement, and/or whether the director’s determination with respect to the disposition of existing stocks is appropriate.
(i) If a hearing is held, the decision after completion of such hearing shall be final.

NOTE: Authority cited: Sections 12781, 13127 and 13146, Food and Agricultural Code.

Reference: Sections 13127, 13127.2, 13127.6, 13127.91, 13127.92 and 13146, Food and Agricultural Code.

6196.1. Provisions for Suspension.

As authorized by Section 13123(m) and Section 13127(c), the following provisions shall apply to suspensions of registrations pursuant to Food and Agricultural Code Sections 13127, 13127.2, 13127.6, 13127.91 and 13127.92:

(a) The provisions of Chapter 5 of the California Administrative Procedure Act (Government Code Sections 11500-11528) apply to any hearing requested except for the following provisions which do not apply to the actual conduct of the hearing:

(1) Government Code Sections 11503-11507. Suspension actions under the above-cited Food and Agricultural Code Sections are commenced with the filing and service of the Notice of Intent to Suspend. All references to, and requirements for, Accusations or Statements of Issues in Government Code Sections 11500-11528 shall be deemed to apply to Notices of Intent to Suspend.

(2) Government Code Sections 11517 and 11521. The Administrative Law Judge prepares and issues a final decision in hearings under the above-cited Sections of the Food and Agricultural Code.

(3) Government Code Section 11520. If the registrant does not request a hearing within 30 days after receiving the Notice of Intent to Suspend, the suspension takes effect automatically.
(b) The final decision of the Administrative Law Judge in any suspension action under the above-cited Food and Agricultural Sections shall be issued at the earliest possible time.

NOTE: Authority cited: Sections 12781, 13127 and 13146, Food and Agricultural Code.

Reference: Sections 13127, 13127.2, 13127.6, 13127.91 and 13127.92, Food and Agricultural Code.

6197. Applicability of Section 6196 to Data Obtained Pursuant to Food and Agricultural Code Section 12824.

(a) Data protection and compensation otherwise applicable to the adoption of federal authority by Section 6196 does not apply to situations described in subsection (d)(1) of Section 13127 and subsection (d) of Section 13146 of the Food and Agricultural Code in which the director obtains data and makes assessments on registrants for the costs thereof pursuant to Section 12824 of the Food and Agricultural Code.
(b) The director will determine in each matter under subsection (a) the appropriate means of making and collecting the assessments. The amount of the assessment shall be the total cost to the department to obtain the data less any appropriation the director may have requested, provided such appropriation will be received by the department. The assessments shall be charged to the registrants of an active ingredient for which data gaps exist in proportion to the total amount of the registrant’s economic poison products containing the active ingredient which the registrant reported sold pursuant to Section 6388 for the most current year prior to the assessment for which such records are available. The assessments will be collected before the director initiates the required tests.
(c) The adoption of federal authority pursuant to Section 6196 does not affect the director’s authority to suspend or cancel registrations for failure of registrants to submit data, or comply with assessment orders made pursuant to Food and Agricultural Code Section 12824, either separately or in conjunction with other authority.

NOTE: Authority cited: Sections 12781, 13127 and 13146, Food and Agricultural Code.

Reference: Sections 13127 and 13143, Food and Agricultural Code.

6197.5. Assessment of Pesticide Registrants.

(a) Notice of a proposed assessment made pursuant to Food and Agricultural Code Section 13127(d) shall be given to each registrant of the active ingredient for which the data gap(s) exist(s) except those granted an exemption pursuant to Food and Agricultural Code Section 13128, and to each legislative committee which, during the previous and current year, considered legislation involving pesticides. Written comments on the proposed assessment will be accepted for 30 days. After the 30 days, if the director orders the assessment, notice thereof shall also be given to each such registrant and committee.
(b) The notice of proposed assessment and the assessment order shall contain the findings of the director as to each of the following:

(1) The active ingredient involved;

(2) A list of the specific studies for which there are data gaps;

(3) The reasons for requiring the assessment to obtain data;

(4) The total estimated cost of all of the required studies and the estimated cost of each individual study;

(5) The legislative appropriation, if any, authorized to be used to reduce the assessment to registrants and the balance remaining after application of any such appropriation; and

(6) Each registrant and its proportional share of the total assessment based upon its reported sales for the most current year prior to the assessment for which such records are available as determined pursuant to Section 6197(b). Registrants that did not report any sales will be assessed the same amount as the registrant(s) reporting the least amount of sales, but not to exceed ten percent (10%) of the total assessment. If no sales were reported by any registrant, the total assessment will be divided equally among the registrants of the active ingredient involved.
(c) The assessment order shall provide that, within 30 days of the date of the assessment order notice:

(1) An affected individual registrant may, in lieu of payment, surrender its registration of all products containing the active ingredient which is the subject of the assessment; and

(2) Any individual registrant may, in lieu of payment, file with the director an agreement signed by another California or a U.S. EPA registrant of the same active ingredient to pay the individual registrant’s assessment.
(d) As soon as practicable after determining the voluntary surrenders, if any, as provided in subsection (c)(1), the director shall recalculate the percentage of costs to the remaining registrants and provide notice of the recalculated assessments, or provide notice that there were no voluntary surrenders and that the assessments are those specified in the assessment order.
(e) After 30 days of the issuance of the notice provided in subsection (d), the director may order the suspension of the registration of products containing the active ingredient of any registrant that fails to pay, or fails to have the registrant who signed the agreement as provided in subsection (c)(2) pay, its assessment. The suspension order shall order the registrant to discontinue sales of such products to distributorships/dealers within California.
(f) After 90 days of the issuance of the notice provided in subsection (d), the director may take the action specified in subsection (e) against all registrations of products containing the active ingredient, except for the products of registrants excluded pursuant to Section 13128 of the Food and Agricultural Code, if the total amount of the assessment has not been paid to the director or funds have not been made available from other sources to conduct the required studies.
(g) If the original assessment did not provide adequate funds to complete the work being funded, the director may order a supplemental assessment or assessments to provide such necessary additional funds. Notice of the supplemental assessment order shall be given to each registrant, person and committee identified in subsection (a) and include: (1) the additional total amount needed for completion of the studies, (2) any legislative appropriation available, to be used to reduce the supplemental assessment, and (3) each registrant’s apportionment based upon its proportional share of the original assessment. The provisions of subsections (c), (d), (e) and (f) will apply to supplemental assessment orders.
(h) Any registrant that has surrendered its registration or had its registration suspended pursuant to the provisions of this Section, or its successors in interest to surrendered or suspended products, shall not be allowed to register or sell any products containing the active ingredient which was subject to assessment unless the studies have been initiated and/or the data gaps filled and the registrant, or its successor in interest, complies with the following procedure:

(1) Within 60 days of its application for registration, the applicant/registrant shall submit to the director a statement, signed by each registrant that paid all or a share of the applicable assessment, stating that the registrant has no objection to such product registration; or

(2) Present to the director an order of a court of competent jurisdiction determining that the applicant/registrant is entitled to registration based upon the payment, or offer of payment, of reasonable compensation to concerned registrants, or upon such other basis as the court may deem appropriate; or

(3) Pays the assessment owed at the time it surrendered its registration or had its registration suspended.
(i) Monies received in excess of the total cost of obtaining the studies will be returned to registrants in proportion to each registrant’s paid share of the total assessment.

NOTE: Authority cited: Sections 11456, 12781, 13127 and 13146, Food and Agricultural Code.

Reference: Sections 13127 and 13146, Food and Agricultural Code.

6198. Determination of Critical Need.

Pursuant to Food and Agricultural Code Section 13146(d), the determination of whether an active ingredient or pesticide is “critical to agricultural production” shall be based upon, but is not limited to, the following factors:

(1) Loss of the active ingredient or pesticide could prevent the commercial production of an agricultural crop;

(2) No other effective active ingredients or other alternative methods are available for the same use(s);

(3) Loss of the active ingredient or pesticide could result in the introduction or dissemination of a pest new or not theretofore known to be widely prevalent or distributed within and throughout California;

(4) Loss of the active ingredient or pesticide could cause a health hazard to animals such as livestock, horses, cattle, sheep, goats, canines and furbearing animals;

(5) Loss of the active ingredient or pesticide could cause hardship on California’s agricultural industry.

NOTE: Authority cited: Sections 12781 and 13146, Food and Agricultural Code.

Reference: Sections 13143 and 13146, Food and Agricultural Code.

6198.5. List of Active Ingredients Identified Pursuant to Section 13127 of the Food and Agricultural Code.

(a) Section 13127(a) of the Food and Agricultural Code requires the department to identify 200 active ingredients which the department determines have the most significant data gaps, widespread use, and which are suspected to be hazardous to people. The active ingredients are listed below in alphabetical order:
1. Acephate
2. Acrolein
3. Alachlor
4. Aldicarb
5. Aldrin
6. Alkyl (50%C14, 40%C12, 10%C16) Dimethyl Benzyl Ammonium Chloride
7. Allethrin
8. (Reserved)
9. Amitraz
10. Amitrole
11. Arsenic Pentoxide
12. Arsenic Trioxide
13. Asulam, Sodium Salt
14. Atrazine
15. Azinphos-Methyl
16. Barban
17. Bendiocarb
18. Benomyl
19. Bentazon, Sodium Salt
20. Boric Acid
21. Bromacil
22. Bromoxynil Octanoate
23. Captafol
24. Captan
25. Carbaryl
26. Carbofuran
27. Carbon Tetrachloride
28. Carboxin
29. Chloramben
30. Chlordane
31. Chlordimeform
32. Chlorflurenol, Methyl Ester
33. (Reserved)
34. Chlorobenzilate
35. Chloroneb
36. Ortho-Benzyl-Para-Chlorophenol
37. Chloropicrin
38. Chlorothalonil
39. Chlorpyrifos
40. Chlorsulfuron
41. Chlorthal-Dimethyl
42. (Reserved)
43. Coumaphos
44. Creosote
45. Cryolite
46. Cyanazine
47. Cyanuric Acid, Monosodium Salt
48. Cycloate
49. Cyhexatin
50. 2,4-D
51. 2,4-D, Dimethylamine Salt
52. Daminozide
53. DDVP
54. Deet
55. Demeton
56. Diazinon
57. Dicamba
58. Diclobenil
59. Para-Dichlorobenzene
60. 1,2-Dichloropropane, 1,3-Dichloropropene and Related C-3 Compounds
61. 1,3-Dichloropropene
62. Diclofop Methyl
63. Dicofol
64. Didecyl Dimethyl Ammonium Chloride
65. Diethatyl-Ethyl
66. Dimethoate
67. Dimethyl phthalate
68. 2,4-Dinitrophenol
69. Dinocap
70. Dinoseb
71. Dioxathion
72. Diphacinone
73. Diphenamid
74. Diphenylamine
75. Dipropyl Isocinchomeronate
76. Diquat Dibromide
77. Diuron
78. Endosulfan
79. Endothall, Mono (N,N-Dimethylalkylamine) Salt
80. Endrin
81. EPN
82. EPTC
83. Ethalfluralin
84. Ethephon
85. Ethofumesate
86. Ethoprop
87. (Reserved)
88. Ethylene Dibromide
89. Ethylene Dichloride
90. Ethylene Glycol, Monomethyl Ether
91. Ethylene Oxide
92. Fenamiphos
93. Fenarimol
94. Fensulfothion
95. Fenthion
96. Ferbam
97. Fluchloralin
98. Flucythrinate
99. Fluometuron
100. Fluvalinate
101. Folpet
102. Formaldehyde
103. Fosamine, Ammonium Salt
104. Glyphosate, Isopropylamine Salt
105. Heptachlor
106. (Reserved)
107. Imazalil
108. Iprodione
109. (Reserved)
110. Lindane
111. Linuron
112. Lithium Hypochlorite
113. Malathion
114. Maleic Hydrazide, Diethamolamine Salt
115. Maleic Hydrazide, Potassium Salt
116. Mancozeb
117. Maneb
118. Mefluidide, Diethanolamine Salt
119. Metaldehyde
120. Metam-Sodium
121. Methidathion
122. Methomyl
123. Methyl Bromide
124. Methylene Chloride
125. Methylenebis (Thiocyanate)
126. Methyl Parathion
127. Metolachlor
128. Metribuzin
129. Mevinphos
130. Molinate
131. Monocrotophos
132. MSMA
133. Naled
134. Naphthalene
135. Napropamide
136. Naptalam, Sodium Salt
137. Nitrapyrin
138. Norflurazon
139. Octylbicycloheptene Dicarboximide
140. Oryzalin
141. Oxadiazon
142. Oxamyl
143. Oxycarboxin
144. Oxyfluorfen
145. Oxythioquinox
146. Paraquat Dichloride
147. Parathion
148. PCNB
149. PCP
150. Pebulate
151. Pendimethalin
152. Permethrin
153. Petroleum Distillate, Aromatic
154. Phenothrin
155. Ortho-Phenylphenol
156. Phorate
157. Phosalone
158. Phosmet
159. Phosphamidon
160. (Reserved)
161. Picloram
162. Pine Oil
163. Piperonyl Butoxide, Technical
164. PMA
165. Prometryn
166. Propamocarb
167. Propargite
168. Propetamphos
169. Propoxur
170. Propyzamide
171. Pyrethrins
172. Resmethrin
173. Rotenone
174. Simazine
175. Sodium Arsenite
176. (Reserved)
177. Sulfur Dioxide
178. Sulfuryl Fluoride
179. Terbacil
180. Terrazole
181. Tetrachlorophenol
182. Tetrachlorvinphos
183. Tetramethrin
184. Thiabendazole, Hypophosphite Salt
185. Thiobencarb
186. Thiophanate-Methyl
187. Thiram
188. Toxaphene
189. Triadimefon
190. S,S,S-Tributylphosphorotrithioate
191. Tributyltin Benzoate
192. Tributyltin Oxide
193. Trichlorophon
194. Trichloro-S-Triazinetrione
195. Triclopyr
196. Trifluralin
197. Triforine
198. Vernolate
199. Vinclozolin
200. Ziram
(b) The director has determined that certain of the active ingredients listed in subsection (a) are chemically and toxicologically similar to other active ingredients registered by the department. Such similar active ingredients have been placed into groups. Completion of the mandatory health effects studies, required pursuant to Section 13127 of the Food and Agricultural Code, for an active ingredient listed in the group will satisfy the data requirements for all of the active ingredients in the group, unless adverse effects reported pursuant to Section 6210 indicate that the mandatory health effects studies should be completed for other active ingredients within the group.

In addition, copies of the mandatory health effects studies submitted to the United States Environmental Protection Agency (U.S. EPA) for any of the active ingredients listed below shall also be submitted by the registrant to the department. The groups are listed below, the active ingredient(s) listed in subsection (a) have an * after their name:
1. Alkyl (50%C14, 40%C12, 10%C16) Dimethyl Benzyl Ammonium Chloride *
  
  Alkyl (60%C14, 30%C16, 5%C12, 5%C18) Dimethyl Benzyl Ammonium Chloride
  
  Alkyl (25%C12, 60%C14, 15%C16) Dimethyl Benzyl Ammonium Chloride
  
  Alkyl (47%C12, 18%C14, 10%C18, 10%C16, 15%C8-C10) Dimethyl Benzyl Ammonium Chloride
  
  Alkyl (50%C12, 30%C14, 17%C16, 3%C18) Dimethyl Benzyl Ammonium Chloride
  
  Alkyl (58%C14, 28%C16, 14%C12) MACASK 0 T Dimethyl Benzyl Ammonium Chloride
  
  Alkyl (61%C12, 23%C14, 11%C16, 5%C8-C10-C18) Dimethyl Benzyl Ammonium Chloride
  
  Alkyl (65%C12, 25%C14, 10%C16) Dimethyl Benzyl Ammonium Chloride
  
  Alkyl (67%C12, 25%C14, 7%C16, 1%C8, C8, C10, C18) Dimethyl Benzyl Ammonium Chloride
  
  Alkyl (90%C14, 5%C12, 5%C16) Dimethyl Benzyl Ammonium Chloride
  
  Alkyl (93%C14, 4%C12, 3%C16) Dimethyl Benzyl Ammonium Chloride
  
  Roccal-R (61%C12, 23%C14, 11%C16, 5%C18)
  
  Tetradecyldimethylbenzyl Ammonium Chloride
2. Aluminum Phosphide *
  
  Magnesium Phosphide
  
  Zinc Phosphide
3. Boric Acid *
  
  Boric Oxide
  
  Borax
  
  Sodium Metaborate
  
  Disodium Octaborate Tetrahydrate
  
  Sodium Tetraborate (Pentahydrate)
4. Bromacil *
  
  Bromacil, Dimethylamine Salt
  
  Bromacil, Lithium Salt
  
  Bromacil, Sodium Salt
5. Bromoxynil Octanoate *
  
  Bromoxynil, Butyric Acid Ester
6. Chloramben *
  
  Chloramben, Ammonium Salt
7. Chlordimeform *
  
  Chlordimeform Hydrochloride
8. Ortho-Benzyl-Para-Chlorophenol *
  
  Ortho-Benzyl-Para-Chlorophenol, Potassium Salt
  
  Ortho-Benzyl-Para-Chlorophenol, Sodium Salt
9. Copper Hydroxide *
  
  Copper Sulfate (Anhydrous)
  
  Copper Sulfate (Pentahydrate)
  
  Copper Ammonium Carbonate
  
  Copper Bronze Powder
  
  Copper Carbonate, Basic
  
  Copper Oxide
  
  Copper Oxychloride
  
  Copper Oxychloride Sulfate
  
  Copper-Sulfate (Basic)
  
  Copper-Zinc Sulfate Complex
  
  Cupric Oxide
10. Cyanuric Acid, Monosodium Salt *
  
  Trichloro-S-Triazinetrione *
  
  Dichloro-S-Triazinetrione
  
  Sodium Dichloro-S-Triazinetrione
  
  Sodium Dichloro-S-Triazinetrione (Dihydrate)
11. 2,4-D *
  
  2,4-D, Dimethylamine Salt *
  
  2,4-D, Alkanolamine Salts (Ethanol and Isopropanol Amines)
  
  2,4-D, Butoxyethanol Ester
  
  2,4-D, Butoxypropyl Ester
  
  2,4-D, Butyl Ester
  
  2,4-D, Diethanolamine Salt
  
  2,4-D, Diethylamine Salt
  
  2 ,4-D, N, N-Dimethyloleyl-Linoleylamine Salt
  
  2,4-D, Dodecylamine Salt
  
  2,4-D, 2-Ethylhexyl Ester
  
  2,4-D, Isoocytl Ester
  
  2,4-D, Isopropyl Ester
  
  2,4-D, Morpholine Salt
  
  2,4-D, Octyl Ester
  
  2,4-D, N-oleyl-1, 3-Propylenediamine Salt
  
  2,4-D, Propyl Ester
  
  2,4-D, Propylenegylcolbutylether Ester
  
  2,4-D, Sodium Salt
  
  2,4-D, Tetradecylamine Salt
  
  2,4-D, Triethylamine Salt
  
  2,4-D, Triisopropylamine Salt
12. Dicamba *
  
  Dicamba, Diethanolamine Salt
  
  Dicamba, Dimethylamine Salt
  
  Dicamba, Monoethanolamine Salt
13. Didecyl Dimethyl Ammonium Chloride *
  
  Dioctyl Dimethyl Ammonium Chloride
  
  Octyl Decyl Dimethyl Ammonium Chloride
  
  Octyl Dodecyl Dimethyl Ammonium Chloride
14. Dinoseb *
  
  Dinoseb, Amine Salt
  
  Dinoseb, Ammonium Salt
  
  Dinoseb Sodium Salt
  
  Dinoseb, Triethanolamine Salt
15. Diphacinone *
  
  Diphacinone, Sodium Salt
16. Endothall, Mono (N, N-Dimethylalkylmine) Salt *
  
  Endothall
  
  Endothall, Mono (N, N-Diethylalkylamine) Salt
  
  Endothall, Dipotassium Salt
17. Lithium Hypochlorite *
  
  Calcium Hypochlorite
  
  Sodium Hypochlorite
18. Maleic Hydrazide, Diethanolamine Salt *
  
  Maleic Hydrazide, Potassium Salt *
  
  Maleic Hydrazide
19. (Reserved)
20. MSMA *
  
  DSMA
21. Paraquat Dichloride *
  
  Paraquat Bis (Methylsulfate)
22. PCP *
  
  PCP, Potassium Salt
  
  PCP, Sodium Salt
23. Petroleum Distillate, Aromatic *
  
  Kerosene
  
  Petroleum Oil, Paraffin Based
  
  Isoparaffinic Hydrocarbons
  
  Petroleum Derivative Resin
  
  Petroleum Distillates
  
  Petroleum Distillates, Refined
  
  Petroleum Hydrocarbons
  
  Petroleum Naphthenic Oils
  
  Petroleum Oil, Unclassified
  
  Petroleum, Unrefined
24. Ortho-Phenylphenol *
  
  Ortho-Phenylphenol, Ammonium Salt
  
  Ortho-Phenylphenol, Potassium Salt
  
  Ortho-Phenylphenol, Sodium Salt
25. Picloram *
  
  Picloram, Triisopropanolamine Salt
26. PMA *
  
  Phenylmercuric Oleate
27. Pyrethrins *
  
  Pyrethrum Narc
28. Tetrachlorophenol *
  
  2,3,4,6-Tetrachlorophenol, Potassium Salt
  
  Tetrachlorophenol, Sodium Salt
29. Thiabendazole, Hypophosphite Salt *
  
  Thiabendazole
30. Thiophanate-Methyl *
  
  Thiophanate
31. Tributyltin Benzoate *
  
  Tributyltin Oxide *
  
  Tributyltin Methacrylate
  
  Bis (Tributyltin) Adipate
  
  Tributyltin Acetate Tributyltin Chloride
  
  Tributyltin Chloride Complex of Ethylene Oxide Condensate of Abietylamine
  
  Tributyltin Fluoride
  
  Tri-N-Butyltin Maleate
  
  Tributyltin Monopropylene Glycol Maleate
  
  Tributyltin Neodecanate
  
  Tributyltin Resinate

NOTE: Authority cited: Section 12781, Food and Agricultural Code.

Reference: Section 13127, Food and Agricultural Code.

6199. Fines for Groundwater Protection Data Gaps. [Repealed]

NOTE: Authority cited: Sections 407, 12781, 13145 and 13146, Food and Agricultural Code.

Reference: Sections 13143 and 13145, Food and Agricultural Code.

6199.5. Assessment of Pesticide Registrants (The Pesticide Contamination Prevention Act, Sections 13141-13152 Food and Agricultural Code). [Repealed]

NOTE: Authority cited: Sections 407, 12781 and 13146, Food and Agricultural Code.

Reference: Section 13146, Food and Agricultural Code.

6199.7. Submission of Groundwater Protection Data On Specified Ingredients and Degradation Products. [Repealed]

NOTE: Authority cited: Sections 407 and 12781, Food and Agricultural Code.

Reference: Sections 13143 and 13145, Food and Agricultural Code.

Article 4. Conditional Registration

6200. Conditional Registration.

The director may waive specific data requirements in this subchapter for a period reasonably sufficient, not to exceed three years, for the generation and submission of such required data provided:

(a) The pesticide product is registered pursuant to the Federal Insecticide, Fungicide and Rodenticide Act, the product is to be used under a Federal Experimental Use Permit, or the product is for use in California only.
(b) The applicant has provided the director with all data the applicant has available required by the U.S. EPA and by this subchapter to support registration of the pesticide product.
(c) No conditional registration shall be granted unless the data includes all of the following:
- (1) Acute oral and dermal LD50 data on the product.
- (2) Acute LC50 data on products which produce respirable aerosols or gases.
- (3) Primary eye and skin irritation data on the product.
- (4) When human contact is likely with soils or foliage containing residues, foliar and soil residue data as specified in Sections 6181 and 6182, sufficient to establish safe reentry level or interval.
- (5) Analytical methods to determine residues of (1) each active ingredient and (2) each toxic metabolite that may result from the active ingredient for which a tolerance has been established by the U.S. EPA in the Code of the Federal Regulations. Test methods shall, as applicable, allow the director to determine residues in or on plant tissue, soil, and water.
- (6) Preliminary efficacy data indicating the product is effective for the proposed use.
(d) The director complies with Section 6158.
(e) That each item of data waived is for a specific period.
Such period shall be no more than necessary for the applicant using good faith efforts to develop the information required by Sections 6176-6179, 6180(a), 6181-6183.
(f) The director makes a written finding, supported by substantial evidence, that the use of the pesticide during the periods while data are being developed, is not expected to cause any significant adverse effect on the environment, that a clear need for the use of the product in California exists while the data is being developed, and that specified benefits of using the pesticide outweigh specified risks to human health and the environment.
(g) The director requires the use of the best pest control methods and technology available including, but not limited to, methods of application to protect human health and the environment, and limitations to mitigate adverse effects to nontarget organisms or areas.
(h) Each registrant be required to submit a report to the director annually (with product renewal application if such a waiver extends over January 1 of any year) and whenever specifically requested by the director, detailing progress made towards development of each item of the waived data.
(i) Where the application is for a pesticide product containing a new active ingredient, the applicant has provided the following data in addition to the data required by section 6200(c), (1)-(6) when required by the U.S. EPA to support the full unconditional registration of the product pursuant to Section 3 of the Federal Insecticide, Fungicide and Rodenticide Act and when specifically requested by the director:
- (1) Results of a two-year feeding study on oncogenicity on active ingredients in at least one animal species.
- (2) Results of a teratogenicity study and one generation of a two-generation combined male-female reproductive study on active ingredients.
- (3) Results of three mutagenicity studies on active ingredients that detect gene mutations, chromosomal aberrations, and DNA damage/repair.
- (4) Data to support medical management of poisoning or injury.

NOTE: Authority cited: Sections 11456 and 12781, Food and Agricultural Code. Reference: Sections 11501 and 12824-12825, Food and Agricultural Code.

Article 5. Exemptions

6205. Deodorizer or Cleansing Agent.

A product claimed, represented and intended solely as a deodorizer or deodorant, or as a cleansing agent, is not considered to be a pesticide.

NOTE: Authority cited: Section 12781, Food and Agricultural Code.

Reference: Sections 12753 and 12801, Food and Agricultural Code.

6206. Section 18 Exemptions.

The director may apply to the U.S. EPA for a Section 18 exemption, pursuant to the Federal Insecticide, Fungicide and Rodenticide Act, when he or she determines that a specific public health quarantine or crisis emergency exists that requires the use of an unregistered pesticide and there is no feasible alternative to the exemption. In the case of Section 18 exemptions, the director may waive the data requirements in this subchapter, but shall require the utilization of the best pest control methods and technology available including, but not limited to, pest population monitoring, a determination of treatment thresholds, methods of application to protect human health and the environment, and limitations to mitigate adverse effects to nontarget organisms.

NOTE: Authority cited: Sections 11456, 12781 and 12824, Food and Agricultural Code.

Reference: Sections 11501 and 12751-13102, Food and Agricultural Code.

Article 6. Adverse Effects Disclosure

6210. Adverse Effect Disclosure.

(a) If, during the registration process or at any time after the registration of a pesticide, the registrant has factual or scientific evidence of any adverse effect or risk of the pesticide to human health or the environment (including ambient air quality), the registrant shall immediately submit such evidence to the director. All such information including, but not limited to, that required under Section 6(a)(2) of the Federal Insecticide, Fungicide and Rodenticide Act, shall be submitted to the director.
(b) For the purposes of this Section, “environment” means the total human surroundings, physical and biological, natural and artificial, including air, water, soil, plants, wildlife, and other ecological factors affecting the growth, development, and safety of people and other living organisms.

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.

Article 7. Renewals

6215. Renewal.

(a) Each registrant shall submit with each renewal application a statement, signed by an authorized official of the applicant under penalty of perjury, that, prior to filing the renewal application the registrant has, to the best of the applicant’s knowledge based upon all information available to the applicant, complied with the provisions of Section 6210, (Adverse Effect Disclosure).
(b) Each renewal shall be issued within 60 days after the director receives an accurate and complete renewal application, unless the director takes action pursuant to Sections 12816, 12825, or 12827 of the Food and Agricultural Code.
(c) The director shall, when renewing a pesticide registration without a reevaluation, make a written finding that he or she has not received sufficient information necessitating reevaluation pursuant to Sections 6220 and 6221.
(d) Label amendments, including those made pursuant to Sections 18 and 24 (c) of the Federal Insecticide, Fungicide and Rodenticide Act, are subject to departmental review and approval pursuant to Section 6170(b). Approved label amendments are not subject to separate registration renewal requirements.

NOTE: Authority cited: Sections 11456, 12781, 14004.5 and 14006.7, Food and Agricultural Code.

Reference: Sections 12812, 12817-12820 and 12824-12827, Food and Agricultural Code.

6216. Annual Registration Renewal Fee.

Beginning with those certificates of registration expiring on December 31, 2024, the fee for annual renewal is $2,300 for each product.

NOTE: Authority cited: Sections 12781 and 12812, Food and Agricultural Code.

Reference: Section 12812, Food and Agricultural Code.

6217. Penalties for Late Payment of Annual Renewal Application Fee.

If renewal of a certificate of registration is not applied for within one calendar month after December 31 of each year, a penalty of 20 percent of the original amount due shall be added to the renewal fee for each product.

NOTE: Authority cited: Sections 12781, 12812, and 12818, Food and Agricultural Code.

Reference: Section 12818, Food and Agricultural Code.

Article 8. Reevaluation Criteria

6220. Reevaluation.

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.

6221. Reevaluation Criteria.

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.

6223. Notification.

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.

6224. Determinations.

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.

6225. Reports.

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.

6226. Product Evaluation.

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.

6227. Annual Review. [Repealed]

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. [Repealed]

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.

Article 9. Trade Secret [Repealed]

6230. Trade Secrets. [Repealed]

NOTE: Authority cited: Sections 407, 11502, 12005, 12111, 12531, 12561, 12781, 12824, 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.

6231. Trade Secret Determinations. [Repealed]

NOTE: Authority cited: Sections 407, 11502, 12005, 12111, 12531, 12561, 12781, 12824, 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.

Article 10. Labeling

6235. Name, Brand, or Trademark of Pesticide.

The name, brand, or trademark of the pesticide appearing on the label shall be that under which the pesticide is registered.

NOTE: Authority cited: Section 12781 and 14005, Food and Agricultural Code.

Reference: Sections 12751-12994, Food and Agricultural Code.

6237. Placement of Label.

The label shall appear on the pesticide or the immediate container thereof. If the immediate container is enclosed within a wrapper or outside container through which the label cannot be clearly read by a person with normal vision, the label must also appear on such outside wrapper or container if it is a part of the retail package.

NOTE: Authority cited: Sections 12781 and 14005, Food and Agricultural Code.

Reference: Sections 12751-12994, Food and Agricultural Code.

6238. Acceptance of Labeling.

No label may represent a registered pesticide and no supplemental or associated information, whether written or oral, may represent a registered pesticide until such label and information is accepted by the director as part of the labeling. Recommended dilutions, if any, for use of a pesticide shall be submitted with the application.

NOTE: Authority cited: Section12781 and 14005, Food and Agricultural Code.

Reference: Sections 12751-12994, Food and Agricultural Code.

6239. Name and Address of Manufacturer, Distributor, Packer, Formulator, or Registrant.

An unqualified name and address given on the label shall be considered as the name and address of the manufacturer. If the registrant’s name appears on the label and registrant is not the manufacturer, or if the name of the person for whom the pesticide was manufactured appears on the label, it must be qualified by appropriate wording such as “Packed for ________,” “Distributed by ____________,” or “Sold by ________,” to show that the name is not that of the manufacturer. If a person has two or more locations at which a pesticide is manufactured or packaged, or from which it is distributed, the name and address of the person’s principal office will be accepted except in cases where the director determines that the address of the exact location is necessary for the protection of the public. The address of the manufacturer, registrant, or person for whom manufactured shall include the street address, if any, unless the street address is shown in a current city directory or telephone directory.

NOTE: Authority cited: Sections 12781 and 14005, Food and Agricultural Code.

Reference: Sections 12751-12994, Food and Agricultural Code.

6240. Legibility of Label and Labeling.

All words, statements, graphic presentations, or designs required by the Food and Agricultural Code or these regulations to appear on the label or labeling must be clearly legible and easy to read by a person with normal vision. The signal word, when required, and the statement, “Keep out of the reach of children,” when necessary, shall be of a size bearing a reasonable relationship to the other type on the front part of the label and to the size of the container. The signal word, when required, shall not be less than 18 point type, and the said warning statement shall not be less than 12 point type, unless the label space on the container is too small to accommodate such type sizes, in which case, the director shall prescribe the type size. When the size of the label space requires a reduction in type size, the reduction shall be made to a size no smaller than is necessary, and in no event to a size smaller than 6 point type.

NOTE: Authority cited: Sections 11456, 12781 and 14005, Food and Agricultural Code.

Reference: Sections 12751-12994, Food and Agricultural Code.

6241. Registration Number.

(a) The assigned registration number shall appear on each pesticide label.
(b) The registration number shall be shown on the label substantially as follows:

EPA REGISTRATION NO. 00000-00000-00000 or

EPA REG. NO. 00000-00000-00000 or if no Federal number has been assigned

REGISTRATION NO. 00000-00000-00000 or

STATE REG. NO. 00000-00000-00000

(The first five digits reflect the manufacturer or basic registrant; the second five digits the product; and the third five digits, if applicable, reflect the distributor.)

NOTE: Authority cited: Sections 12781 and 14005, Food and Agricultural Code.

Reference: Sections 12751-12994, Food and Agricultural Code.

6242. Warning or Caution Statement.

Warning or caution statements, which are necessary, and if complied with, adequate to prevent injury to living man and useful vertebrate animals, useful vegetation, and useful invertebrate animals, must appear on the label in a place sufficiently prominent to warn the user, and must state clearly and in nontechnical language the particular hazard involved in the use of the pesticide, e.g., ingestion, skin absorption, inhalation, flammability or explosion, and the precautions to be taken to avoid accident, injury, or damage.

(a) The label of every pesticide shall bear warnings or cautions which are necessary for the protection of the public, including the statement, “Keep out of reach of children,” and a signal word such as “Danger,” “Warning,” or “Caution” as the director may prescribe, on the front panel or that part of the label displayed under customary conditions of purchase; however, the director may permit reasonable variations on the placement of that part of the required warnings and cautions other than the statement, “Keep out of the reach of children,” and the required signal word, if in his opinion such variations would not be injurious to the public. If a pesticide is marketed in channels of trade where the likelihood of contact with children is extremely remote, or if the nature of the product is such that it is likely to be used on infants or small children without causing injury in under reasonably foreseeable conditions, the director may waive the requirement of the statement, “Keep out of reach of children,” if in his opinion such a statement is not necessary to prevent injury to the public. The director may permit a statement such as “Keep away from infants and small children” in lieu of the statement “Keep out of reach of children,” if the director determined that such a variation would not be injurious to the public.
(b) The label of every pesticide which is highly toxic to man shall bear the word “Danger” along with the word “Poison” in red on contrasting background in immediate proximity to the skull and crossbones, and an antidote statement including directions to call a physician immediately on the front panel or that part of the label displayed under customary conditions of purchase; however, the director may permit reasonable variations in the placement of the antidote statement if some reference such as “See antidote statement on back panel” appears on the front panel near the word “Poison” and the skull and crossbones.

NOTE: Authority cited: Sections 12781 and 14005, Food and Agricultural Code.

Reference: Sections 12751-12994, Food and Agricultural Code.

6243. Scope of Labeling Requirements.

The labeling requirements in this article shall provide that pesticide products registered by the director meet, but not exceed, current U.S. EPA labeling requirements. The labeling requirements in this article shall apply equally to pesticide products currently registered by U.S. EPA and submitted to the director for registration, and those requiring registration only pursuant to section 12811 of the Food and Agricultural Code.

NOTE: Authority cited: Sections 11456 and 12781, Food and Agricultural Code.

Reference: Sections 12751-13102, Food and Agricultural Code.

Article 11. Spray Adjuvant Labeling

6247. Spray Adjuvant Ingredient Statement.

(a) The label of each spray adjuvant product submitted for registration or an amendment on or after January 1, 2024, must bear an ingredient statement. The ingredient statement must contain:
- (1) The name of each principal functioning agent, as specified in subsection (b). If more than three functioning agents are present, only the three most abundant by weight are considered principal and must be named on the label.
- (2) The percentage by weight of each principal functioning agent or the total percentage by weight of all functioning agents.
- (3) The total percentage by weight of inert ingredients or constituents ineffective as a spray adjuvant.
- (4) The total percentage by weight of all ingredients, which must equal 100%.
(b) Except as provided in subsections (b)(1) and (b)(2), a principal functioning agent must be identified by its chemical or substance name; its common name; or its chemical class (e.g., alkyl phenol ethoxylate, dimethyl siloxane polymer, or methylated seed oil).
- (1) The following principal functioning agents must be identified by their chemical or common name and not by chemical class:
  - (A) Acids (e.g., citric acid, phosphoric acid, or sulfuric acid);
  - (B) Bases (e.g., ammonium hydroxide, potassium bicarbonate, or triethanolamine);
  - (C) Ingredients not allowed for use on food or feed crops;
  - (D) Food commodity allergens, which includes any of the following:
    - (i) Milk, eggs, fish (e.g., bass, flounder, or cod), crustacean shellfish (e.g., crab, lobster, or shrimp), tree nuts (e.g., almonds, pecans, or walnuts), wheat, peanuts, and soybeans.
    - (ii) A food ingredient that contains protein from a food specified in subsection (b)(1)(D)(i), except any highly refined oil derived from a food specified in subsection (b)(1)(D)(i) and any ingredient derived from such highly refined oil.
- (2) Ammonium sulfate must be identified as ammonium sulfate, and not by its chemical class or other chemical or common name.

NOTE: Authority cited: Sections 11501 and 12781, Food and Agricultural Code.

Reference: Sections 12753, 12758, 12883 and 12885, Food and Agricultural Code.

Article 12. Consultation and Public Review

6252. Pesticide Registration, Renewal, and Reevaluation Consultation.

This section applies to the registration, renewal of registration, and reevaluation of pesticides.
The Department shall consult on decisions proposed pursuant to this section with public agencies which have jurisdiction by law over the use of pesticides or over activities or resources which may be affected by the use of pesticides. In doing so, the Director shall establish an interagency advisory committee that shall be known as the Pesticide Registration and Evaluation Committee. This committee shall meet bimonthly or more often when requested by the Director. The Pesticide Registration and Evaluation Committee shall consist of the following members:

(a) The Director of the Department of Pesticide Regulation or his or her designee who shall serve as chair of the committee;
(b) A representative from each of the other boards, offices, and departments in the California Environmental Protection Agency:
- (1) The Air Resources Board;
- (2) The Office of Environmental Health Hazard Assessment;
- (3) Department of Resources Recycling and Recovery;
- (4) The State Water Resources Control Board;
- (5) The Department of Toxic Substances Control.
(c) A representative from each of the following state agencies:
- (1) The Department of Food and Agriculture;
- (2) The Department of Fish and Wildlife;
- (3) The Department of Industrial Relations;
- (4) The Department of Public Health;
- (5) The Structural Pest Control Board in the Department of Consumer Affairs;
- (6) The University of California;
(d) A representative from each of the following federal agencies:
- (1) The U.S. Department of Agriculture/Agricultural Research Service;
- (2) The U.S. Environmental Protection Agency, Region IX.
(e) The President of the California Agricultural Commissioners and Sealers Association or his or her designee;
(f) A representative of any other public agency that the Director of the Department of Pesticide Regulation deems appropriate after consultation with the existing committee membership.

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.

6253. Proposed Decision.

(a) Each proposed decision relating to registration and renewal, and each decision to begin reevaluation shall be posted on the official bulletin boards of the department, and of each commissioner’s office, and in each District office of the Division of Pest Management, Environmental Protection and Worker Safety for 30 days for public review and comment.
(b) A copy of the notice shall be sent to any person who requests it in writing. In addition, the public agencies consulted under Section 6252 shall be sent a copy of the notice.

NOTE: Authority cited: Sections 11456 and 12781, Food and Agricultural Code.

Reference: Section 21080.4, Public Resources Code.

6254. Public Report.

Each public report shall include a description of the proposed action, a statement of any significant adverse environmental effect that can reasonably be expected to occur, directly or indirectly, from implementing the proposal, and a statement of any reasonable mitigation measures that are available to minimize significant adverse environmental impact.

Each public report shall also contain a statement and discussion of reasonable alternatives which would reduce any significant environmental impact. The public report may be included in the notice of proposed decision. The director may develop a schedule of actual cost for the reproduction of public reports to be charged to those requesting copies.

(a) The director shall not approve an activity which would cause a significant adverse environmental impact if there is a feasible alternative or feasible mitigation measure available which would substantially lessen any significant adverse impact which implementation of the proposal may reasonably be expected to have on the environment.
(b) Written Evaluation. The final action taken in regard to a decision subject to this section in which a significant adverse environmental point is raised during the evaluation process shall include a written evaluation of such points approved by the director.

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.

6255. Notice of Decision.

A notice of each decision subject to this article shall be filed within a week of its issuance with the Secretary of Resources for posting. Such notices shall be available for public inspection and shall remain posted for a period of 30 days.

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.

6256. Pest Management Advisory Committee.

(a) There is within the Department of Pesticide Regulation a Pest Management Advisory Committee. The Pest Management Advisory Committee shall consist of the following members:
- (1) Six ex officio members; The Director of the Department of Pesticide Regulation or his/her designee who shall serve as chair of the committee; The Secretary of the California Department of Food and Agriculture or his/her designee who shall serve as vice chair; The President of the University of California or his/her designee; The Regional Administrator of the U.S. EPA Region IX or his/her designee; The Chancellor of the California State University or his/her designee; The President of the California Agricultural Commissioners and Sealers Association or his/her designee.
- (2) The following members who shall serve an initial term of office of from one to three years, as determined by the chair at the time of appointment, so that approximately one-third of these original committee members shall be replaced annually for the first three years. Subsequent appointments shall be for a term of office of three years; Five members representing academia and public foundations. Six members representing agricultural production. Four members representing environmental and public interest groups. One member representing farm labor organizations. One member representing general public and consumer advocacy. One member representing nonagricultural pesticide user groups. Two members representing pest control advisers. Four members representing registrants and trade associations.
(b) The members of the Pest Management Advisory Committee shall be appointed by the Director of the Department of Pesticide Regulation and serve at the pleasure of the chair. Vacancies will be filled for any unexpired term of office as appropriate. The Pest Management Advisory Committee shall assist the Department of Pesticide Regulation in identifying, facilitating, and promoting environmentally sound pest management practices and pest management systems. Pest Management Advisory Committee activities include, but are not limited to, reviewing proposals for pest management research and recommending to the director which proposals should be funded. Upon the joint decision of the chair and vice chair, funds in the Food Safety Account in the Department of Pesticide Regulation may be expended, upon appropriation, for pest management research purposes to carry out the recommendations of the Pest Management Advisory Committee. The committee shall meet at least quarterly or at the request of the chair. The chair may appoint subcommittees as needed to serve in an advisory capacity. Pest Management Advisory Committee members and any subcommittee members shall serve without compensation.

NOTE: Authority cited: Section 12536, Food and Agricultural Code.

Reference: Section 12536, Food and Agricultural Code.

Article 13. Research Authorization

6260. Authorization for Research.

(a) With the exception of those persons exempted by section 6268, a written authorization for research must be obtained from the Director prior to any experimental, unregistered use of a pesticide.
(b) The authorization may specify conditions under which the research must be conducted. The conditions may include, but are not limited to, handling of the treated commodity, safety equipment, reentry intervals, medical monitoring, and field posting.
(c) Research requiring an approved human exposure protocol pursuant to section 6710, must be conducted in accordance with that protocol.
(d) The Director may terminate, amend, or refuse to issue an authorization whenever it is determined that:
- (1) the research may involve a hazard to handlers and/or field workers, the public health, or the environment;
- (2) the research is used for purposes unrelated to pesticide data development; or
- (3) violations of the authorization, a previous authorization, or Divisions 6 or 7 of the Food and Agricultural Code, or regulations adopted pursuant to them, have occurred in connection with such research.
(e) The research must be conducted in accordance with the conditions of the authorization and the research authorization regulations of this article.

NOTE: Authority cited: Sections 12781 and 12976, Food and Agricultural Code.

Reference: Sections 12995 and 14006.6, Food and Agricultural Code.

6261. Exemptions from Authorization for Research. [Repealed]

NOTE: Authority cited: Sections 407, 12781 and 12976, Food and Agricultural Code.

Reference: Sections 12995 and 14006.6, Food and Agricultural Code.

6262. Application for Research Authorization.

(a) Application for a research authorization must be made on the Pesticide Research Authorization form (DPR-REG-027a, Est. 4/15), hereby incorporated by reference
(b) If at least one of the following criteria applies, the active ingredient may be omitted from the application form. However, the registrant shall provide the identity of the active ingredient in a statement as specified in (c).
- (1) The active ingredient is not contained in any pesticide products currently registered by U.S. EPA.
- (2) The active ingredient is not contained in any spray adjuvants currently registered by the Department.
(c) The statement required by subsection (b) must include the following information:
- (1) Firm name of registrant;
- (2) Identification of applicable criteria from subsection (b);
- (3) Common name of active ingredient, or if no common name, chemical or molecule name. For biopesticides, provide the genus, species, and strain of the organism;
- (4) Pesticide product name as listed on the application form; and
- (5) Contact information and signature of authorized representative.
(d) The Director may require additional data if necessary to assess the potential adverse effects to workers, the public, and/or the environment.

NOTE: Authority cited: Sections 11456, 12781 and 12976, Food and Agricultural Code.

Reference: Sections 12995, 12999.5, and 14006.6, Food and Agricultural Code.

6263. Experimental Applications. [Repealed]

NOTE: Authority cited: Sections 407, 12781 and 12796, Food and Agricultural Code.

Reference: Sections 11411, 11501(a)(b)(f), 12995 and 14006.6, Food and Agricultural Code.

6264. Notification and Use of Research Authorization.

(a) Except as provided in (b), at least 72 hours prior to beginning application of a pesticide requiring a research authorization, the researcher shall submit the following information to the commissioner of the county where the proposed trial site is located:
- (1) a copy of the approved research authorization; and
- (2) a notice of application. The notice of application must include the following information if it is not provided on the approved research authorization:
  - (A) Research authorization number;
  - (B) Name and address of researcher and applicator;
  - (C) Location of areas to be treated and name of property operator;
  - (D) Specific crop or commodity, or if there is no crop or commodity, the specific site to be treated;
  - (E) Approximate acres or other units;
  - (F) Specific method of application;
  - (G) Pesticide(s);
  - (H) Dilution, volume per acre or other units, and dosage;
  - (I) Date intended application is to commence;
  - (J) Location of each trial on a plot map;
  - (K) Map or aerial photograph designating the location and identity of all known areas that could be adversely impacted by the use of the pesticide, including hospitals; schools; playgrounds; residential areas (including labor camps); parks, lakes, waterways, estuaries, and reservoirs; state wildlife management areas; critical habitats of rare, endangered, or threatened species; livestock; and crops.
(b) The researcher shall provide the 72-hour notice of application required in (a), unless the commissioner has given prior approval for a shorter time period as adequate to evaluate the intended application.
(c) The notice of application specified in (a)(2) shall also be submitted to the Department at least 72 hours prior to beginning application of a pesticide requiring a research authorization. If the commissioner allows less than 72 hours’ notice pursuant to (b), then the notice of application must be provided to the Department at the same time it is provided to the commissioner.
(d) If no application of pesticide is made following the notice of application, the researcher shall notify the commissioner within two weeks by submitting an Experimental Trial Report as described in section 6266(a).

NOTE: Authority cited: Sections 11456, 12781 and 12976, Food and Agricultural Code.

Reference: Sections 12995 and 14006.6, Food and Agricultural Code.

6266. Reports of Research Authorization Use.

(a) Following the final application of a pesticide requiring a research authorization in a particular trial location, and at least 24 hours prior to either harvest or crop destruction, the researcher shall submit an Experimental Trial Report (DPR-REG-029, Est. 4/15), hereby incorporated by reference, to the commissioner.
(b) Within two weeks following the expiration date of the research authorization, the researcher shall submit to the Department an Experimental Pesticide Use Report (DPR-REG-028a, Est. 4/15), hereby incorporated by reference.

NOTE: Authority cited: Sections 11456, 12781 and 12976, Food and Agricultural Code.

Reference: Sections 12995, 12999.5, and 14006.6, Food and Agricultural Code.

6268. Exemptions from Authorization for Research.

(a) A pesticide registrant is exempt from the provisions of Section 6260 when the registrant is the operator of the property upon which the research is to be conducted and continues to be the operator until the treated commodity is destroyed or harvested.
(b) Personnel employed by colleges and universities and engaged in pesticide research are exempt from Section 6260 if they are operating according to the current established policy of the college or university which covers pesticide use and experimentation.

NOTE: Authority cited: Sections 11456, 12781 and 12976, Food and Agricultural Code.

Reference: Sections 12995 and 14006.6, Food and Agricultural Code.

6270. Costs and Fees Prohibited.

The research authorization holder shall not charge the operator, owner, or person in possession of the property upon which the research is being conducted for the materials or use of the pesticide in connection with the research authorization. This prohibition includes charges or fees for labor and services in connection with the research authorization.

NOTE: Authority cited: Sections 11456, 12781 and 12976, Food and Agricultural Code.

Reference: Sections 12995 and 14006.6, Food and Agricultural Code.

6272. Possession of Authorization.

Each person making an application of a pesticide under a research authorization shall have a copy of the authorization available at the use site at the time of the application.

NOTE: Authority cited: Sections 11456, 12781 and 12976, Food and Agricultural Code.

Reference: Sections 11501(a)(b)(f), 12995 and 14006.6, Food and Agricultural Code.

Article 14. Violations

6300. Misbranding.

A pesticide shall be deemed misbranding if its labeling contains one or more of the following or any graphic representation which is likely to be deceiving or misleading:

(a) A false or misleading statement concerning the effectiveness of the product as a pesticide;
(b) A false or misleading comparison with other pesticides;
(c) Unwarranted claims as to the safety of the pesticide or its ingredients, including such statements as “Safe,” “Nonpoisonous,” “Nontoxic,” “Noninjurious,” or “Harmless” with or without such qualifying phrase as “When used as directed;”
(d) Any statement directly or indirectly implying that a specific brand pesticide is recommended or endorsed by any agency of the Federal Government or the State of California or any political subdivision, agency or instrumentality thereof.

NOTE: Authority cited: Section 12781, Food and Agricultural Code.

Reference: Sections 12881 and 12995, Food and Agricultural Code.

6301. Unregistered Products.

(a) Section 12995 shall not apply to an individual, who personally uses a substance for the purpose of controlling their residence or garden pests, provided no food or feed commodities treated with the substance are sold, distributed, or fed to animals that are sold or distributed for human consumption.
(b) Pesticide products whose registration has lapsed shall not be sold by the registrant, but may be possessed and sold by a dealer for two years after the last date of registration. If acquired while legally registered or within two years after the date of last registration, such products may be possessed and used according to the directions on the label.
(c) Notwithstanding the provisions of (b), it is unlawful to possess or use any pesticide which has been canceled or suspended pursuant to Sections 12825, 12826, or 12827 of the Food and Agricultural Code or under FIFRA (7 U.S.C. Section 136 et seq.), except as provided in such cancellation or suspension.

NOTE: Authority cited: Section 12781, Food and Agricultural Code.

Reference: Section 12995, Food and Agricultural Code.

6302. Sale of Agricultural Use and Restricted Material Pesticides.

(a) It is illegal for any registrant or licensed pesticide broker to sell any pesticide labeled for agricultural use to any person in California other than a registrant, licensed pesticide broker, or licensed pest control dealer.
(b) It is illegal for any registrant or licensed pesticide broker to sell any pesticide designated as a restricted material under section 6400 to any person in California other than a registrant, licensed pesticide broker, or licensed pest control dealer.
(c) It is illegal for any licensed pest control dealer to sell a restricted material to an end user who does not have a permit or, if exempt by regulation from the permit requirement, who is not a certified commercial or certified private applicator. For applications on Tribal land only, an individual certified by a Tribe or U.S. EPA as a certified applicator under a U.S. EPA-approved certification plan for pesticide applications is considered a certified applicator for the purpose of this subsection.

Note: Authority cited: Sections 11456, 12781, and 14005, Food and Agricultural Code.

Reference: Sections 11407, 12116, and 12400, Food and Agricultural Code.

6310. Dispute Resolution Proceedings.

If agreement cannot be reached about the terms and amount of payment required pursuant to Food and Agricultural Code section 12811.5, at any time more than 90 days after the issuance of an irrevocable offer to pay, either the applicant, source, or data owner may initiate or with the consent of all parties, join a binding dispute resolution proceeding under the rules prescribed under Title 29 Code of Federal Regulations, Part 1440, or its successor provision, if any, or other rules to which the applicant and data owner may agree.

(a) To the extent feasible, and upon mutual consent of the parties, the proceeding may be consolidated with any dispute resolution process taking place between the same parties and being conducted pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. Sec 136a et.seq.).
(b) In determining the amount due under this section, the decisionmaker(s) of a dispute resolution proceeding shall consider, among other factors, that the data owner’s exclusive right to sell the pesticide resulted in the data owner recovering all or part of the costs of generating the data.
(c) The finding of the decisionmaker(s) in a dispute resolution proceeding shall be final and conclusive, and no official or court shall have power or jurisdiction to review that finding and determination, except for fraud, misrepresentation, or other misconduct by one of the parties to the dispute resolution proceeding or by the decisionmaker(s) where there is a verified complaint with supporting affidavits attesting to specific instances of fraud, misrepresentation, or misconduct.
(d) The parties to the dispute resolution proceeding shall share equally in the payment of fees and expenses of the dispute resolution process, except that each party shall bear its legal fees and its expenses.

NOTE: Authority cited: Section 12811.5, Food and Agricultural Code.

Reference: Section 12811.5, Food and Agricultural Code.

6312. Noncompliance Notification.

Pursuant to Food and Agricultural Code section 12811.5(g), any notification to the Director of an applicant’s failure to comply with its obligation under Food and Agricultural Code section 12811.5(a–d) shall be in writing and shall include, organized by the subsection and subparagraph below to which it is responsive:

(a) Identification of the applicant and the product registration challenged, including:
- (1) Applicant name and address;
- (2) Brand name and U.S. Environmental Protection Agency Registration Number of the product;
- (3) Date of the Department’s registration of the product; and
- (4) Identification of each current and/or past Department data requirement for which you claim the applicant failed to submit a study or otherwise satisfy, and for which the applicant failed to make your company an offer to pay.
(b) With respect to the data for which the data owner claims the applicant failed to make an offer to pay:
- (1) Identification of the Department’s exact data requirement to obtain, amend, or maintain the data owner’s product that the data was submitted to satisfy;
- (2) Identification of each study (including DPR document number and study record number) submitted and the corresponding data requirement it satisfied; and
- (3) The date each study was submitted to the Department and, if applicable, to the U.S. Environmental Protection Agency (including the Master Record Identification Number – MRID).
(c) A statement setting forth the specific provisions of noncompliance claimed indicating how the data owner’s data meet the criteria set forth in Food and Agricultural Code section 12811.5(a) or (b) that make it subject to cost–sharing, providing any documentation currently known to the data owner in support of that contention.
(d) Proof that, prior to making the notification to the Director pursuant to Food and Agricultural Code section 12811.5(g), the data owner has informed the applicant of its claim, provided the applicant with the information required in (a), (b), and (c), and allowed the applicant an opportunity of at least ten days to promptly make an offer to pay for the data that serves as a basis of the data owner’s claim. This proof shall include copies of all correspondence between the data owner and the applicant related to this issue.
(e) Proof that at the same time the data owner filed its notification to the Director of the applicant’s failure to meet its obligation under Food and Agricultural Code section 12811.5(a–d), the data owner sent a copy of the notification and all accompanying data and information by certified mail to the applicant.
(f) With respect to a claim that the applicant has failed to participate in a proceeding for reaching an agreement on compensation, failed to comply with an agreement related to compensation, or failed to pay an award resulting from a proceeding to determine compensation, proof of such failure including, but not limited to, all correspondence between the parties on the issue and a copy of the award resulting from a proceeding on compensation, if any.

NOTE: Authority cited: Section 12811.5, Food and Agricultural Code.

Reference: Section 12811.5, Food and Agricultural Code.

6314. Determination.

All parties shall have 30 days from receipt of the copy of the notification to the Director to submit additional evidence and written arguments to the Director. The Director may rely solely on the information provided by the two parties involved in the dispute, without conducting any further investigation. The Director shall provide a written finding within 60 days of the deadline for the parties’ submissions. If the Director determines that the applicant has not met its obligations under Food and Agricultural Code section 12811.5(a–d), the Director shall promptly cancel the applicant’s product registration.

NOTE: Authority cited: Section 12811.5, Food and Agricultural Code.

Reference: Section 12811.5, Food and Agricultural Code.

Subchapter 2. Cancellations and Suspensions (§6350-6379)

Article 1. Cancellations

6350. DDT and DDD. [Repealed]

NOTE: Authority cited: Sections 407 and 12781, Food and Agricultural Code.

Reference: Sections 12824 and 12825, Food and Agricultural Code.

6352. 2,4,5-T. [Repealed]

NOTE: Authority cited: Sections 407 and 12781, Food and Agricultural Code.

Reference: Sections 12824 and 12825, Food and Agricultural Code.

6354. Inorganic Mercury Compounds. [Repealed]

NOTE: Authority cited: Sections 407, 12781 and 12976, Food and Agricultural Code.

Reference: Sections 12825, 12995 and 14102, Food and Agricultural Code.

6356. Inorganic Arsenic. [Repealed]

NOTE: Authority cited: Sections 407 and 12781, Food and Agricultural Code.

Reference: Sections 12824 and 12825, Food and Agricultural Code.

6358. Inorganic Phosphorous Paste. [Repealed]

NOTE: Authority cited: Sections 407 and 12781, Food and Agricultural Code.

Reference: Sections 12824 and 12825, Food and Agricultural Code.

6359. Ethylene Dibromide. [Repealed]

NOTE: Authority cited: Sections 407, 12781 and 14102, Food and Agricultural Code.

Reference: Sections 11501(b), 12824, 12825, 14001 and 14102, Food and Agricultural Code.

6360. Cadmium Compounds. [Repealed]

NOTE: Authority cited: Sections 407, 12781 and 12976, Food and Agricultural Code.

Reference: Sections 12825, 12995 and 14102, Food and Agricultural Code.

6361. Butyl Mercaptan Limitations.

(a) The Director of Pesticide Regulation makes the following findings in relation to sections 11501 and 12824 of the Food and Agricultural Code regarding pesticides labeled for defoliating plants, containing S,S,S-tributylphosphorotrithioate and tributylphosphorotrithioite.
(b) Butyl mercaptan is an odorous raw material used in the manufacture of these two pesticides.
(c) It is technically feasible to manufacture these two pesticides to contain less than 0.1 percent butyl mercaptan.
(d) Pesticides containing S,S,S-tributylphosphorotrithioate or tributylphosphorotrithioite in which the butyl mercaptan is found to exceed 0.1 percent by weight shall not be sold or used in California.

NOTE: Authority cited: Section 12781, Food and Agricultural Code.

Reference: Sections 11501, 12752, 12824, 12931, 12976 and 12991, Food and Agricultural Code.

6362. 1,2-Dichloropropane Limitations. [Repealed]

NOTE: Authority cited: Sections 407, 12781 and 12976, Food and Agricultural Code.

Reference: Section 12824, Food and Agricultural Code.

Article 2. Suspensions

6370. DBCP (1,2-Dibromo-3-Chloropropane). [Repealed]

NOTE: Authority cited: Sections 407 and 12781, Food and Agricultural Code.

Reference: Sections 12824, 12825, and 12826, Food and Agricultural Code.

6372. N-3-Pyridylmethyl N’-P Nitrophenyl Urea (Vacor). [Repealed]

NOTE: Authority cited: Sections 407 and 12781, Food and Agricultural Code.

Reference: Sections 12824, 12825 and 12826, Food and Agricultural Code.

6379. Restrictions on Use of Bladex (Cyanizine). [Repealed]

NOTE: Authority cited: Sections 407 and 12781, Food and Agricultural Code.

Reference: Section 12824, Food and Agricultural Code.

Subchapter 3. Assessments (§6380-6397)

Article 1. Mill Assessment Collection

6380. Sales Invoice Misrepresentation. [Repealed]

NOTE: Authority cited: Section 407 and 12781, Food and Agricultural Code.

Reference: Section 12841, Food and Agricultural Code.

6382. Penalties.

For any delinquency in making a return, or any deficiency in payment, of the pesticides mill assessment which is received after the date due (one calendar month after March 31, June 30, September 30, and December 31 of each year), a penalty of 10 percent of the amount which is due shall be added.

NOTE: Authority cited: Section 12781, Food and Agricultural Code.

Reference: Section 12843, Food and Agricultural Code.

6384. Exemptions.

When a registered pesticide is sold by the registrant to a purchaser for a nonpesticide use and the invoice clearly identifies its specific intended use, the sale is not subject to the mill assessment.

NOTE: Authority cited: Section 12781, Food and Agricultural Code.

Reference: Section 12841, Food and Agricultural Code.

6386. Established Rate.

Pursuant to Food and Agricultural Code section 12841, the mill assessment on pesticide products shall be paid at the following rates per dollar of sales for all sales of registered pesticides for use in this state:

(a) From July 1, 2024, to June 30, 2025, inclusive, 24.5 mills (0.0245) per dollar sales of all sales of registered pesticides for use in this state.
(b) From July 1, 2025, to June 30, 2026, inclusive, 27 mills ($0.027) per dollar sales of all sales of registered pesticides for use in this state.
(c) From July 1, 2026, to June 30, 2027, inclusive, 29 mills ($0.029) per dollar sales of all sales of registered pesticides for use in this state.
(d) On and after July 1, 2027, 30 mills ($0.030) per dollar sales of all sales of registered pesticides for use in this state.

NOTE: Authority cited: Sections 12781 and 12841, Food and Agricultural Code.

Reference: Section 12841, Food and Agricultural Code.

6388. Pesticide Sales and Assessment Reporting.

(a) Each registrant shall report quarterly to the Department the total dollars of sales and total pounds or gallons of each registered and labeled pesticide product sold by the registrant for use in this State and the total assessments due. Each report of pesticide sales and assessment shall be on a form prescribed by the Department or in a format approved by the Director.
(b) An acceptable Department form for reporting the pesticide sales is form “Report of Pesticide Sales in California,” PR-ENF-181 (Rev. 07/98). The information to be reported shall include the following:
- (1) The ending and delinquent date of the quarter being reported;
- (2) The name, address and U.S. Environmental Protection Agency (U.S. EPA) firm number of the registrant;
- (3) The U.S. EPA or State registration number and brand name of each product registered and sold for use in the State; and
- (4) The total dollar sales and total pounds or gallons of each formulated product sold.
(c) An acceptable form for reporting the pesticide mill assessments is form “Report of Pesticide Sales in California,” PR-ENF-180 (Rev. 07/98). The information to be reported shall include the following:
- (1) The ending and delinquent date of the quarter being reported;
- (2) The name, address and U.S. EPA firm number of the registrant;
- (3) The total dollar sales for all products registered and sold for use in the State during the quarter;
- (4) The pesticide mill assessment rate;
- (5) The total assessments and penalty (if applicable) that are due;
- (6) The total amount of payment submitted;
- (7) The name, title, signature, and phone number of the authorized representative completing the form;
- (8) The date when the form was completed; and
- (9) Certification under penalty of perjury that the information contained in the report is true and correct.
(d) The individual report specified in (b) and the dollar sales figures associated with a specific product found on the report shall be considered official information acquired in confidence pursuant to Government Code section 6254(k) of the Public Records Act and section 1040 of the Evidence Code.

NOTE: Authority cited: Section 11456, 12781, and 12845, Food and Agricultural Code. Reference: Sections 12843 and 12845, Food and Agricultural Code.

Reference: Sections 12843 and 12845, Food and Agricultural Code.

Article 2. Mill Assessment Disbursement Criteria

6390. Purpose of Article.

This article specifies the criteria to be used in allocating pesticide mill assessment funds to counties based upon each county’s costs, pesticide regulatory activities, workload, and performance, pursuant to Section 12844 of the Food and Agricultural Code.

NOTE: Authority cited: Sections 11456, 12781 and 12844, Food and Agricultural Code.

Reference: Section 12844, Food and Agricultural Code.

6391. County Reimbursement.

(a) Reimbursement for work specified in section 6393(b) shall be made by April 1 of each year pursuant to section 12841 of the Food and Agricultural Code.
(b) Reimbursement shall not exceed costs incurred by the county as shown in the County Agricultural Commissioners’ Annual Financial Statement, Item 5, entitled “Pesticide Use Enforcement.”

NOTE: Authority Cited: Sections 11456, 12781 and 12844, Food and Agricultural Code.

Reference: Sections 12841 and 12844, Food and Agricultural Code.

6392. County Reports.

Each county shall submit a monthly report on a form prescribed by the director supporting the administration and enforcement of their pesticide regulatory program. The monthly report shall be submitted within 30 days after the end of each month. All reports shall be subject to audit by the director, and the director may require substantiation of the matters therein.

NOTE: Authority cited: Sections 11456 and 12781, Food and Agricultural Code.

Reference: Sections 11455, 12844 and 14012, Food and Agricultural Code.

6393. Criteria Items and Apportionment.

(a) The amount of funds allocated to each county for each criteria item shall be based on each county’s pest control activities, costs, workload, and performance in proportion to all counties, except as provided in sections 6391(b) and 6395.
(b) The apportionment for each criteria item shall be a percentage of the total mill assessment funds available for reimbursement to counties [less the amount specified in section 6395(b)]. Such criteria items and corresponding apportionments are as follows:
- (1) Apportionment, 3 percent: The total number of Pesticide Use Enforcement Program inspections completed in accordance with the prioritization plan agreed upon by the Director and the commissioners and the commissioner’s negotiated work plans;
- (2) Apportionment, 3 percent: The total number of: licensed pest control dealers located in each county; licensed pest control advisers, pest control businesses, pest control aircraft pilots, and farm labor contractors registered in each county; structural pest control operators providing notice of work in each county; active operator identification numbers in each county; and any additional similar workload activities approved jointly by the Director and the commissioners.
- (3) Apportionment, 3 percent: The total number of private applicator certificate holders certified in each county;
- (4) Apportionment, 3 percent: Work hours expended on pesticide related activities that are agreed upon by the Director and the commissioners, provided the work hours are expended by persons holding a Pesticide Regulation and/or Investigation and Environmental Monitoring license or by unlicensed persons qualified to apply for a Pesticide Regulation and/or Investigation and Environmental Monitoring license who are closely supervised by persons holding a Pesticide Regulation and/or Investigation and Environmental Monitoring license;
- (5) Apportionment, 3 percent: Expenditures reported by each county for pesticide-related activities that are agreed upon by the Director and the commissioners;
- (6) Apportionment, 3 percent: The total pounds of pesticides used in the county that have been reported pursuant to Food and Agricultural Code section 12979.
- (7) Apportionment, 21 percent: The total number of restricted materials permits and permit amendments issued by each county; sites identified on all restricted materials permits and permit amendments issued by each county; and notices of intent reviewed by each county;
- (8) Apportionment, 21 percent: Based on the total pounds of nonagricultural-labeled pesticides sold in this state in relation to each county’s population. Pounds of pesticide sold data shall be 2 derived from mill assessment collection information provided to the department. Population data shall be based on the most recent U.S. census information; and
- (9) Apportionment, 40 percent: Based on each county’s pesticide use report data records in relation to the total number of pesticide use report data records submitted to the department by all counties.

NOTE: Authority cited: Sections 11456, 12781 and 12844 Food and Agricultural Code.

Reference: Sections 12841 and 12844, Food and Agricultural Code.

6394. Performance Evaluation.

(a) The Director shall evaluate each county pesticide use enforcement program, at least every three years. The evaluation s shall measure the county’s effectiveness in implementing state program areas recognized in statute or regulation, or agreed upon by the county and Director as an essential program element.
(b) The Director shall provide a performance evaluation report to the commissioner that documents the county’s performance in implementing the state program areas recognized by the Director.
(c) The Director and the commissioner shall jointly develop and document corrective actions to improve the county’s pesticide use enforcement program in the program areas identified in the performance evaluation report. Corrective actions may be brought forth as a recommendation for mill assessment allocation under section 6396(a).
(d) When any commissioner fails to implement the jointly developed corrective actions or an agreement on corrective actions cannot be reached, the Director shall take measures to improve the pesticide use enforcement program in the county. The measures may include but are not limited to, a reduction of the county’s annual mill assessment allocation under sections 6393 and 6395(a).

NOTE: Authority cited: Sections 11456, 12781 and 12844, Food and Agricultural Code.

Reference: Sections 2281 and 12844, Food and Agricultural Code.

6395. Minimum Reimbursement.

(a) Determinations as specified in sections 6393 and 6394(c), notwithstanding, but subject to section 6391(b), no county shall be reimbursed funds less than the amount of funds reimbursed to the county pursuant to section 12844 of the Food and Agricultural Code, for the fiscal year ending June 30, 2003, or the average for fiscal years ending June 30, 2001, 2002, and 2003, whichever is greater, unless the mill assessment funds available for allocation on March 1 of the current year are less than $14.3 million , in which case each county’s reimbursement shall be reduced in the same proportion as it would have been reimbursed under this article. However, in no instances shall a county’s minimum reimbursement be less than $27,600 except as provided in section 6391(b).
(b) From the total funds available for allocation to counties, 30 percent shall be utilized for the stipulation of subsection (a) above.

NOTE: Authority cited: Sections 11456, 12781 and 12844 Food and Agricultural Code.

Reference: Sections 12841 and 12844, Food and Agricultural Code.

6396. Residual Funds.

(a) Any residual funds resulting after the application of section 6395 may be disbursed based on commissioner requests to support restricted materials permitting and reporting system activities, and any other program element that the Director and the California Agricultural Commissioners and Sealers Association jointly agree upon, on a case-by-case basis. Funding request shall be submitted to the Director by March 31 st of each year and jointly approved by the Director and the California Agricultural Commissioners and Sealers Association no later than June 30th.
(b) Any residual funds resulting after the application of sections 6391, 6394(d), 6395, or 6396(a) shall be distributed to all counties not subject to section 6394(d), in the same proportion as funds reimbursed under section 6393.

NOTE: Authority cited: Sections 11456, 12781 and 12844 Food and Agricultural Code.

Reference: Sections 12844, Food and Agricultural Code.

6397. Sunset Review of Regulations. [Repealed]

NOTE: Authority Cited: Sections 11456, Food and Agricultural Code.

Reference: Sections 11456, Food and Agricultural Code.

Subchapter 4. Restricted Materials (§6400-6489)

Article 1. Restricted Materials

6400. Restricted Materials.

The director designates the pesticides listed in this section as restricted materials.

(a) Any pesticide labeled as a “Restricted Use Pesticide” pursuant to Section 3 of the Federal Insecticide, Fungicide, and Rodenticide Act (Title 7, United States Code, Section 136a).
(b) Any pesticide used under an “Emergency Exemption” issued pursuant to Section 18 of the Federal Insecticide, Fungicide, and Rodenticide Act (Title 7, United States Code, Section 136p).
(c) Pesticides formulated as a dust, labeled to permit outdoor use, and packaged in containers of more than 25 pounds, except:
- (1) Products containing only exempt materials specified in Section 6402; and
- (2) Products containing only disulfoton, endosulfan, lindane, strychnine, zinc phosphide or an active ingredient not otherwise included in this Section, and labeled only for one or more of the following uses: home use, structural pest control, industrial use, institutional use, and use by public agency vector control districts pursuant to Section 116180 of the Health and Safety Code.
(d) Pesticide products containing active ingredients listed in Section 6800(a) (Potential to Pollute Groundwater), when labeled for agricultural, outdoor institutional, or outdoor industrial use.
(e) Certain other pesticides:

ACROLEIN, when labeled for use as an aquatic herbicide

ALDICARB (Temik)

ALUMINUM PHOSPHIDE (Phostoxin)

4-AMINO PYRIDINE (Avitrol)

AZINPHOS-METHYL (Guthion)

BRODIFACOUM

BROMADIOLONE

CALCIUM CYANIDE

CARBARYL (Sevin), except when formulated as a bait and labeled only for the production of agricultural plant commodities

CARBOFURAN (Furadan)

CHLOROPICRIN

CHLORPYRIFOS, when labeled for the production of an agricultural commodity.

3-CHLORO-P-TOLUIDINE HYDROCHLORIDE (Starlicide)

DAZOMET, (Basamid), when labeled for the production of agricultural plant commodities.

DICAMBA (Banvel), except:
- (1) Liquid formulations packaged in containers of one quart or less regardless of percentage of dicamba;
- (2) Liquid formulations that contain 15 percent or less dicamba packaged in containers of one gallon or less;
- (3) Liquid formulations of a product that is labeled to be used without further dilution;
- (4) Dry formulations, packaged in containers of one pound or less, of a product that is labeled to be further diluted for use; and
- (5) Dry formulations, packaged in containers of 50 pounds or less, of a product that contains 10 percent or less dicamba and is labeled to be used without further dilution.
2,4-DICHLOROPHENOXYACETIC ACID (2,4-D), except:
- (1) Liquid formulations, packaged in containers of one quart or less, regardless of percentage of 2,4-D;
- (2) Liquid formulations that contain 15 percent or less 2,4-D packaged in containers of one gallon or less;
- (3) Liquid formulations of a product that is labeled to be used without further dilution;
- (4) Dry formulations, packaged in containers of one pound or less, regardless of percentage of 2,4-D;
- (5) Dry formulations, packaged in containers of 50 pounds or less, of a product that contains 10 percent or less 2,4-D and is labeled to be used without further dilution; and
- (6) Products labeled only for use as a plant growth regulator.
2,4-DICHLORPHENOXYBUTYRIC ACID (2,4-DB), except:
- (1) Liquid formulations, packaged in containers of one quart or less, regardless of percentage of 2,4-DB;
- (2) Liquid formulations that contain 15 percent or less 2,4-DB packaged in containers of one gallon or less;
- (3) Liquid formulations of a product that is labeled to be used without further dilution;
- (4) Dry formulations, packaged in containers of one pound or less, regardless of percentage of 2,4-DB; and
- (5) Dry formulations, packaged in containers of 50 pounds or less, of a product that contains 10 percent or less 2,4-DB and is labeled to be used without further dilution.
2,4-DICHLOROPHENOXYPROPIONIC ACID (2,4-DP), except:
- (1) Liquid formulations, packaged in containers of one quart or less, regardless of percentage of 2,4-DP;
- (2) Liquid formulations that contain 15 percent or less 2,4-DP packaged in containers of one gallon or less;
- (3) Liquid formulations of a product that is labeled to be used, without further dilution of 2,4-DP;
- (4) Dry formulations, packaged in containers of one pound or less, regardless of percentage of 2,4-DP;
- (5) Dry formulations, packaged in containers of 50 pounds or less, of a product that contains 10 percent or less 2,4-DP and is labeled to be used without further dilution.
1,3-DICHLOROPROPENE (Telone II)

DIFENACOUM

DIFETHIALONE

DISULFOTON (Di-Syston), except when labeled only for one or more of the following uses; home use, structural pest control, industrial use, institutional use, and use by public agency vector control districts pursuant to Section 116180 of the Health and Safety Code.

ENDOSULFAN (Thiodan), except when labeled only for one or more of the following uses: home use, structural pest control, industrial use, institutional use, and use by public agency vector control districts pursuant to Section 116180 of the Health and Safety Code.

ETHOPROP (Mocap), when labeled for turf use.

FENAMIPHOS (Nemacur)

LINDANE, except when labeled only for one or more of the following uses: home use, structural pest control, industrial use, institutional use, and use by public agency vector control districts pursuant to Section 116180 of the Health and Safety Code.

MAGNESIUM PHOSPHIDE

METAM SODIUM, labeled for the production of agricultural plant commodities.

METHAMIDOPHOS (Monitor)

METHIDATHION (Supracide)

METHOMYL (Lannate), except fly baits containing not more than one percent methomyl.

METHYL BROMIDE

METHYL IODIDE – unregistered

2-METHYL-4-CHLOROPHENOXYACETIC ACID (MCPA), except:
- (1) Liquid formulations packaged in containers of one quart or less regardless of percentage of MCPA;
- (2) Liquid formulations that contain 15 percent or less MCPA packaged in containers of one gallon or less;
- (3) Liquid formulations of a product that is to be used without further dilution;
- (4) Dry formulations, packaged in containers of one pound or less, regardless of percentage of MCPA; and
- (5) Dry formulations, packaged in containers of 50 pounds or less, of a product that contains less than 10 percent MCPA and is labeled to be used without further dilution.
METHYL ISOTHIOCYANATE (MITC), labeled for the production of agricultural plant commodities.

MEVINPHOS (Phosdrin)

MOLINATE (Ordram) – unregistered

OXYDEMETON-METHYL (Metasystox-R)

PARAQUAT (Gramoxone)

PARATHION-METHYL

PHORATE (Thimet)

PHOSPHINE GAS

POTASSIUM N-METHYLDITHIOCARBAMATE (metam-potassium), when labeled for the production of agricultural plant commodities.

PROPANIL (3,4-Dichloropropionanilide)

SODIUM CYANIDE

SODIUM FLUOROACETATE (Compound 1080)

SODIUM TETRATHIOCARBONATE (Enzone)

STRYCHNINE, except rodenticides when labeled only for one or more of the following uses: home use, structural pest control, industrial use, institutional use, and use by public agency vector control districts pursuant to Section 116180 of the Health and Safety Code.

SULFOTEPP

SULFURYL FLUORIDE

THIOBENCARB (Bolero)

TRIBUFOS (DEF, Folex)

TRIBUTYLTIN, organotin, or a tri-organotin compound formulated as an antifouling paint, coating or compound and labeled for the control of fouling organisms in an aquatic environment.

ZINC PHOSPHIDE, except when labeled only for one or more of the following uses: home use, structural pest control, industrial use, institutional use, and use by public agency vector control districts pursuant to Section 116180 of the Health and Safety Code.

NOTE: Authority Cited: Sections 14004.5 and 14005, Food and Agricultural Code.

Reference: Sections 14004.5 and 14005, Food and Agricultural Code.

6402. Exempt Materials.

The director designates and establishes pursuant to Section 14006.7 of the Food and Agricultural Code the pesticides stated in this Section as exempt materials.

(a) Spray adjuvants
(b) Petroleum oils
(c) Sulfur
(d) Lime
(e) Lime-sulfur
(f) Sodium polysulfide
(g) Certain copper compounds
- (1) Bordeaux mixture
- (2) Copper acetate
- (3) Copper carbonate
- (4) Copper hydroxide
- (5) Copper-lime mixtures
- (6) Copper linoleate
- (7) Copper oleate
- (8) Copper oxychloride
- (9) Copper sulfate (basic, monhydrate, and pentahydrate)
- (10) Copper oxide
- (11) Copper calcium oxychloride
(h) Bacillus thuringiensis Berliner.

NOTE: Authority cited: Section 11456 and 14006.7, Food and Agricultural Code.

Reference: Section 14006.7, Food and Agricultural Code.

Article 2. Possession and Use Limitations

6404. Use Limitations.

(a) Restricted materials listed in section 6400 shall only be used by or under the direct supervision of a certified private or commercial applicator operating within the scope of the individual’s certification.
(b) An individual who is a certified private or commercial applicator but who does not possess the category, branch, or type of certification required for the intended use shall operate under the direct supervision of a certified private or commercial applicator whose categories and scope of certification are applicable to the intended use.
(c) Except as provided in (d), a restricted material which bears labeling designating the product as a fumigant shall only be used by or under the direct supervision of a certified commercial applicator.
(d) Private applicators certified in accordance with section 6580.2(c) may use or provide direct supervision for the use of restricted materials bearing labeling designating the product as a fumigant for the control of burrowing vertebrate pests.

NOTE: Authority cited: Sections 11456, 11502, 12976, 14005 and 14102, Food and Agricultural Code.

Reference: Sections 11501, 14006, 14011 and 14015, Food and Agricultural Code.

6406. Supervision Standards.

(a) As used in this section “noncertified applicator” includes:
- (1) An employee trained to handle pesticides who is not a certified applicator,
- (2) A certified private or commercial applicator whose category(ies) or scope of certification are not applicable to the intended pesticide use,
- (3) A pilot with a Manned or Unmanned Apprentice Pest Control Aircraft Pilot Certificate, and
- (4) An individual certified by another state or jurisdiction who is not certified as a private or commercial applicator in California.
(b) The certified private or commercial applicator responsible for supervising a noncertified applicator using a restricted material specified in section 6400 shall:
- (1) Have practical knowledge of applicable requirements found on pesticide labeling and in California pesticide laws and regulations regarding the use of restricted materials by noncertified applicators.
- (2) Verify current training records required by section 6724 that document training on the restricted material(s) used and applicable use situation(s).
- (3) Provide instructions to the noncertified applicator(s) specific to the application site and pesticide(s) to be used in a manner the noncertified applicator can understand. These instructions must include at a minimum:
  - (A) Pesticide product labeling directions, precautions, and requirements applicable to the specific use and site; and
  - (B) How the characteristics of the use site and surrounding areas (e.g., surface and ground water, endangered species, local population) and the conditions of application (e.g., equipment, method of application, formulation) might increase or decrease the risk of adverse effects.
- (4) Be aware of the conditions at the site of application and be available to direct and control the manner in which applications are made by the noncertified applicator(s). Except as provided in (c), the availability of the certified applicator shall be directly related to the actual or potential hazard of the situation.
(c) The certified applicator supervising the use of a restricted material specified in section 6400 must be physically present at the use site when required by the pesticide product labeling, restricted material permit conditions, or regulations.
(d) This section does not apply to:
- (1) Individuals supervising restricted material applications only on Tribal or Federal land and certified by:
  - (A) The Tribe or Federal agency responsible for that land under a U.S. EPA-approved certification plan, or
  - (B) U.S. EPA under Title 40, Code of Federal Regulations Part 171 section 171.307(c) (July 1, 2019), hereby incorporated by reference;
- (2) Individuals conducting laboratory research involving restricted materials; or
- (3) Doctors of Medicine and Doctors of Veterinary Medicine applying restricted materials to patients during the course of the ordinary practice of those professions.

NOTE: Authority cited: Sections 11456, 11502, 12976, 14005 and 14102, Food and Agricultural Code.

Reference: Sections 11501, 14006, 14011 and 14015, Food and Agricultural Code.

6408. Private Applicator Certification. [Repealed]

NOTE: Authority cited: Sections 407, 14005 and 14102, Food and Agricultural Code.

Reference: Sections 11501 and 14006, Food and Agricultural Code.

6410. Pesticide Safety Information Series. [Repealed]

NOTE: Authority cited: Sections 407, 14005 and 14102, Food and Agricultural Code.

Reference: Sections 11501 and 14006, Food and Agricultural Code.

6412. Restricted Material Permit Requirements.

(a) Except as provided in this Section and Sections 6400, 6414 and 6416, restricted materials shall be possessed or used only under permit of the commissioner or under his direct supervision, or under permit of the director in any county in which there is no commissioner.
(b) The person named in a restricted material permit is authorized to retain possession, except for sale, of materials for which the permit was valid after such permit expires, provided they are stored in accordance with Sections 6670 and 6672.

NOTE: Authority cited: Sections 11456, 14005 and 14102, Food and Agricultural Code.

Reference: Sections 11501 and 14006, Food and Agricultural Code.

6414. Permit Exemptions.

(a) Permits to possess restricted materials shall not be required of commercial carriers to transport such materials.
(b) No permit shall be required for restricted materials included only in subsection (a) of section 6400 (federally restricted use) when possessed or used by or under the supervision of a certified private or certified commercial applicator unless otherwise required by the commissioner.
(c) No permit shall be required for antifouling paints or coatings containing tributyltin.
(d) No permit shall be required for restricted materials used only for experimental or research purposes when possessed or used, by or under the supervision of, research personnel from colleges and universities provided they are operating according to the current established policy of the college or university which covers experimental pesticide use.
(e) No permit shall be required for restricted materials used according to a valid research authorization issued pursuant to section 6260.
(f) A permit is not required of a licensed pesticide broker when possessing a pesticide designated as a restricted material for sale to a registrant, licensed pest control dealer, or another licensed pesticide broker in California.
(g) A permit is not required for restricted materials used only on Tribal land by an individual certified under a U.S. EPA-approved certification plan.

NOTE: Authority cited: Sections 11456, 12976, 14005 and 14102, Food and Agricultural Code.

Reference: Sections 11501, 14006, 14006.6, and 14015, Food and Agricultural Code.

6416. Groundwater Protection Restrictions.

(a) A permit is required for the possession or use of a pesticide containing a chemical listed in section 6800(a) when the pesticide is:
- (1) applied in an agricultural, outdoor institutional, or outdoor industrial use within a runoff groundwater protection area or in a leaching groundwater protection area, or
- (2) restricted for purposes other than groundwater protection.
(b) A permit is not required for the possession or use of a pesticide containing a chemical listed in section 6800(a) when the pesticide is used in a pest eradication program approved by the Department of Food and Agriculture, unless the pesticide is also restricted for purposes other than groundwater protection.
(c) Notwithstanding the provisions of this article and Article 4, the chemicals listed in section 6800(a) may be applied for research or experimental purposes pursuant to a valid research authorization. The applicant must provide the location of the research or experimental site with the research authorization request. The exemptions found in section 6268 do not apply when a person wishes to use these chemicals for research or experimental purposes.

NOTE: Authority cited: Sections 11456, 12976, 13145, 14004.5, 14005, 14006, and 14102, Food and Agricultural Code.

Reference: Sections 11501, 13145, 13150, 14004.5, 14005 and 14006, Food and Agricultural Code.

6417. Research Authorization for Groundwater Protection List Chemicals. [Repealed]

NOTE: Authority cited: Sections 407, 12781, 12976, 13145, 14005 and 14006, Food and Agricultural Code.

Reference: Section 14006.6, Food and Agricultural Code.

e 5-3-92 (Register 92, No. 18)

Article 3. Permit System

6420. Permit Requirements.

(a) Permits for agricultural use of a restricted material shall be issued in the name of the operator of the property to be treated. The permittee or, when allowed by the commissioner, the permittee’s authorized representative or licensed agricultural pest control adviser, shall sign the permit. The authorized representative or licensed agricultural pest control adviser shall provide the commissioner with written documentation from the permittee to act on his/her behalf.
(b) Permits for nonagricultural use of a restricted material may be issued in the name of the operator of the property to be treated or a pest control business. A permit issued to the operator of the property shall be signed by either the permittee or, when allowed by the commissioner, the permittee’s authorized representative. The authorized representative shall provide the commissioner with written documentation from the permittee to act on his or her behalf. A permit issued to the pest control business shall be signed by the owner or a qualified applicator licensee or qualified applicator certificate holder responsible to supervise the operations of the pest control business.
(c) The permittee shall be responsible for compliance with all permit conditions.

NOTE: Authority cited: Sections 11456, 14005 and 14102, Food and Agricultural Code.

Reference: Sections 11501 and 14006, Food and Agricultural Code.

6422. Permit Duration.

(a) Each permit issued for agricultural use of a restricted material shall be site and time specific. Pursuant to Food and Agricultural Code section 14007, any permit may be issued for a one-year period. Permits issued for perennial agricultural plantings, nonproduction agricultural sites, or nonagricultural sites may be issued for up to a three-year period. Permit applicants may apply for and obtain a permit for a shorter duration.
(b) A permit to use restricted materials shall be valid for the time specified unless sooner revoked or suspended.

NOTE: Authority cited: Sections 11456, 14005 and 14102, Food and Agricultural Code.

Reference: Sections 11501, 14006 and 14007, Food and Agricultural Code.

6424. Forms.

(a) Each application and permit to possess or use a restricted material shall be on a form either provided or approved by the Director.
(b) For notices of intent that are not submitted electronically via www.CalAgPermits.org, all information required shall be on forms either provided or approved by the Director.

NOTE: Authority cited: Sections 11456, 14005 and 14102, Food and Agricultural Code.

Reference: Sections 11501 and 14006, Food and Agricultural Code.

6426. Alternatives and Mitigation Measures.

(a) Each licensed agricultural pest control adviser and grower, when determining if and when to use a pesticide that requires a permit, shall consider, and if feasible, adopt any reasonable, effective and practical mitigation measure or use any feasible alternative which would substantially lessen any significant adverse impact on the environment.
(b) Each licensed agricultural pest control operator shall have available a copy of a written recommendation covering each agricultural use application of a pesticide that requires a permit, and operate in accordance with a pesticide permit issued by the commissioner. The standards for such recommendations are established in Section 6556.

NOTE: Authority cited: Sections 11456, 14005 and 14102, Food and Agricultural Code.

Reference: Sections 11501 and 14006, Food and Agricultural Code.

6428. Agricultural Permit Applications.

Except as provided in section 6434(a), each application for a permit for agricultural use of a restricted material shall include the following information:

(a) Name and business address of the permit applicant and signature of either the permit applicant, or when allowed by the Commissioner, the permit applicant’s authorized representative or licensed agricultural pest control adviser;
(b) Location and base line, meridian, township, range, and section of each property to be treated;
(c) Identification of all known areas that could be adversely impacted by the use of the restricted material(s) including hospitals; schools and playgrounds; residential areas (including labor camps); parks; lakes, waterways, estuaries, and reservoirs; state wildlife management areas; critical habitats of rare, endangered or threatened species; and livestock and crops; (a map or aerial photograph may be used for designating such areas);
(d) Identification of each commodity or crop, or if there is no commodity or crop the site to be treated;
(e) Anticipated pest problem(s) for each crop (pest(s) to be controlled);
(f) Restricted material(s) requiring a permit necessary to control each pest on each commodity, crop, or site;
(g) Approximate date(s) or crop stage(s) of intended restricted material application(s);
(h) Expected method of application including the dilution, volume per acre or other units, and dosage;
(i) Name of the pest control business, if any; and
(j) Name, business address, and license or certificate number, expiration date, and category(ies), of the certified private or certified commercial applicator(s) responsible for supervising the possession or use of the restricted material(s).

NOTE: Authority cited: Sections 11456, 14005 and 14102, Food and Agricultural Code.

Reference: Sections 11501 and 14006, Food and Agricultural Code.

6430. Nonagricultural Permit Applications.

Each application for a permit for nonagricultural use of a restricted material shall include the following information:

(a) Name and business address of the operator of the property or the pest control business;
(b) The signature of either the permittee, or the authorized representative, or the owner or qualified applicator licensee or certificate holder responsible to supervise the operations of the pest control business;
(c) Restricted material(s) to be used;
(d) Pest(s) to be controlled;
(e) Method of application;
(f) Criteria for determining need for the pesticide application and
(g) Name, address, and license or certificate number, expiration date, and category(ies) of the certified applicator responsible for supervising the possession or use of the restricted material(s).

NOTE: Authority cited: Sections 11456, 14005 and 14102, Food and Agricultural Code.

Reference: Sections 11501 and 14006, Food and Agricultural Code.

6432. Permit Evaluation.

(a) Each Commissioner, prior to issuing any permit to use a pesticide and when evaluating a notice of intent, shall determine if a substantial adverse environmental impact may result from the use of such pesticide. If the Commissioner determines that a substantial adverse environmental impact will likely occur from the use of the pesticide, the Commissioner shall determine if there is a feasible alternative, including the alternative of no pesticide application, or feasible mitigation measure that would substantially reduce the adverse impact. If the Commissioner determines that there is a feasible alternative or feasible mitigation measure which significantly reduces the environmental impact, the permit or intended pesticide application shall be denied or conditioned on the utilization of the mitigation measure. When the Commissioner determines that there is a likelihood that permit conditions have been or will be violated, the Commissioner shall take appropriate action to assure compliance.

Each Commissioner is responsible for knowing local conditions and utilizing such knowledge in making these determinations. Each Commissioner shall also consider and where appropriate utilize the provisions of section 14006.5 and other applicable sections of the Food and Agricultural Code, applicable sections of this code, applicable pest management guides, restricted materials hazard chart, pesticide safety information series, information obtained from monitoring other pest control operations, and other information required by the Director.
(b) In addition to the requirement of sections 6428 and 6430, each permit shall contain the following:
- (1) Appropriate conditions or limitations on the use of the pesticide(s) including available Pesticide Safety Information Series leaflets for each pesticide included on the permit;
- (2) Requirements for notice prior to an agricultural use pesticide application. In the case of nonagricultural use, notice shall be required to the extent it is necessary to comply with inspection responsibilities and with the monitoring requirements of section 6436; and
- (3) Appropriate conditions or limitations such as those described in available pest management guides. The Commissioner shall inform the permittee of, and where to obtain, any pest management guide applicable to the pest control authorized in the permit.

NOTE: Authority cited: Sections 11456, 14005 and 14102, Food and Agricultural Code.

Reference: Sections 11501 and 14006, Food and Agricultural Code.

6434. Notice of Intent.

(a) If the information required by (g), (h), (i), and (j) of section 6428 is not provided on the permit, it shall be included in the notice of intent.
(b) To make a permit site and time specific, a notice of intent is required for all agricultural use restricted material applications. A notice of intent shall be submitted to the Commissioner electronically via www.CalAgPermits.org by the operator of the property to be treated, by such operator’s authorized representative, or by the pest control business who is to apply the pesticide, and it shall include the following information concerning the proposed application.
- (1) Permit number and county number;
- (2) Name and address of permittee and applicator;
- (3) Location of areas to be treated and name of operator of the property;
- (4) Crop or commodity, or if there is no crop or commodity, the site to be treated;
- (5) Approximate acres or other units to be treated;
- (6) Method of application;
- (7) Pesticide product names(s) and registration number(s) to be applied;
- (8) Dilution, volume per acre or other units, and dosage;
- (9) Pest(s) to be controlled;
- (10) Date and time intended application is to commence;
- (11) Location and identity of areas specified in section 6428 which have changed since the permit was issued and which may be adversely impacted. A map or aerial photograph may be used for designating such locations; and
- (12) Base line, meridian, township, range, and section of the area to be treated.
(c) Except as provided in subsections (e) and (f), a notice of intent shall be submitted to the Commissioner prior to the date and time the application is intended to commence as follows:
- (1) for soil fumigants requiring a permit, at least 48 hours prior to the date and time the application is intended commence;
- (2) for all other pesticides requiring a permit, at least 24 hours prior to the date and time the application is intended to commence.
(d) When a notice of intent is required for the use of a restricted material requiring a permit for the production of an agricultural commodity, either at least 48 hours prior to the date and time a soil fumigation is intended to commence or at least 24 hours prior to the date and time an application of all other pesticides is intended to commence, the operator of the property to be treated, the operator’s authorized representative, or the pest control business who is to apply the pesticide shall additionally provide to the Department the following information electronically via www.CalAgPermits.org:
- (1) County number;
- (2) Date and time the intended application is to commence;
- (3) Base line, meridian, township, range, and section of the area to be treated;
- (4) Pesticide product registration number(s) to be applied;
- (5) Method of application; and
- (6) Approximate acres or other units to be treated.
(e) Upon a finding of undue hardship by the Commissioner, the Commissioner may allow a notice of intent to be submitted to the Commissioner as prescribed in section 6424(b). An undue hardship may be a situation in which compliance with section 6434(b) is not possible without significant difficulty or expense. Following a finding of undue hardship:
- (1) In lieu of the operator of the property, the operator’s authorized representative, or the pest control business submitting the information enumerated in subsection (d) to the Department for an application of a restricted material requiring a permit for the production of an agricultural commodity, the Commissioner shall submit the information enumerated in subsection (d) to the Department electronically via www.CalAgPermits.org either at least 48 hours prior to the date and time an application of a soil fumigant is intended to commence or 24 hours prior to the date and time an application of all other pesticides is intended to commence;
- (2) the Commissioner shall require a notice of intent for use of a restricted material requiring a permit for the production of an agricultural commodity to be submitted to the Commissioner earlier than the time requirements outlined in subsection (c) to provide adequate time for the Commissioner to submit the information electronically to the Department; and
- (3) the Commissioner shall document that an undue hardship was found.
(f) The Commissioner may grant an exemption to the time requirements outlined in subsections (c), (d), and (e) if the Commissioner determines that because of the nature of the commodity or pest problem safe and effective pest control cannot be attained. The Commissioner shall note in www.CalAgPermits.org that an exemption was granted at the time the Commissioner grants the exemption.
(g) Beginning March 26, 2025, the Department shall provide to the public through its pesticide notification system the information outlined in subsections (d)(1)-(d)(6), and include the pesticide product name(s) and active ingredient(s), for intended applications that are reported to the Department under subsections (d) and (e)(1). The Department shall provide this information to the public upon receipt, but at least 48 hours prior to the date and time a soil fumigation is intended to commence and at least 24 hours prior to the date and time all other applications are intended to commence, or as soon as practicable.
(h)(1) Until a draft report is issued pursuant to subsection (h)(2), the Department shall annually issue a status update on its system and process of providing information to the public pursuant to subsection (g), feedback received, and any changes to this system and process. The Department shall:
- - (A) receive feedback on the status update specified in subsection (h)(1) from, and present the status update to, the Department of Pesticide Regulation Environmental Justice Advisory Committee, pursuant to Food and Agricultural Code section 11519, and the State Board of Food and Agriculture, pursuant to Food and Agricultural Code section 901; and
  - (B) accept public comments on the status update specified in subsection (h)(1) for a minimum of 30 days.
- (2) Three years after February 24, 2025, or as soon thereafter as reasonably practicable, the Department shall issue a draft report, followed by a final report, on its system and process of providing information to the public pursuant to subsection (g) and any changes made. The Department shall:
  - (A) receive feedback on the draft report specified in subsection (h)(2) from, and present the draft report to, the Department of Pesticide Regulation Environmental Justice Advisory Committee and the State Board of Food and Agriculture; and
  - (B) accept public comments on the draft report specified in subsection (h)(2) for a minimum of 45 days.

NOTE: Authority cited: Sections 11456, 14005 and 14102, Food and Agricultural Code.

Reference: Sections 901, 2281, 11501, 11519, 14001 and 14006, Food and Agricultural Code.

6436. Permit Monitoring.

The director shall develop and the commissioner shall utilize a valid statistical program for monitoring sites to be treated which requires more frequent monitoring of individuals who have a record of noncompliance with applicable laws and regulations including violations of Section 6556. Such program shall require monitoring of no less than five percent of the sites identified in permits or notices of intent to apply a pesticide for an agricultural use. Such monitoring shall include an evaluation of the basis for the intended application including the written recommendation, if any. In the case of nonagricultural uses, the pesticide use of each permit holder shall be inspected at least once a year. Such monitoring shall insure compliance with this Section and with the provisions of Section 14006.5 of the Food and Agricultural Code. No application shall be allowed to proceed if noncompliance with these provisions exists.

NOTE: Authority cited: Sections 11456, 14005 and 14102, Food and Agricultural Code.

Reference: Sections 11501 and 14006, Food and Agricultural Code.

6438. Pest Control Records. [Repealed]

NOTE: Authority cited: Sections 407, 14005 and 14102, Food and Agricultural Code.

Reference: Sections 11501 and 14006, Food and Agricultural Code.

6440. Pesticide Use Reports. [Repealed]

NOTE: Authority cited: Sections 407, 14005 and 14102, Food and Agricultural Code.

Reference: Sections 11501, 14006 and 14011.5, Food and Agricultural Code.

6442. Permit Review.

Section 14009 of the Food and Agricultural Code provides for a review by the director of the action of an agricultural commissioner in issuing, refusing, revoking, suspending, or conditioning a restricted materials permit. This section states the standards and procedures applicable to such review by the director.

(a) Registration of a restricted material is not in itself a right to use the pesticide, but rather a department determination that under appropriate local conditions the commissioner can grant a use permit for the material.
(b) The decision of an agricultural commissioner in issuing, conditioning, refusing, revoking, or suspending a restricted materials permit will be reversed by the director only for a clear abuse of discretion by the commissioner in applying the applicable restricted materials provisions of the Food and Agricultural Code (beginning with section 14001) and regulations in Title 3, California Code of Regulations (beginning with section 6400). The burden of establishing abuse of discretion is on the person requesting the review.
(c) The director’s review is limited to the particular permit involved.
(d) The person requesting the review of the issuance of a permit may request that the director stay the operation of the permit for a limited time or until the matter is finally decided. Whether the stay will be granted or refused will be determined by the director as soon as practicable based on the reasons stated for the stay in the request for review and supporting documents, any counter documents or arguments which are timely submitted to the director by the commissioner or permittee, and the director’s own preliminary analysis of whether a stay is necessary to avoid a significant health hazard or significant crop, environmental, or property damage.

NOTE: Authority cited: Section 11456, Food and Agricultural Code.

Reference: Section 14009, Food and Agricultural Code.

6443. Permits for Use of Phenoxy Herbicides on Timberland.

(a) Permits issued by county agricultural commissioners for aerial application of phenoxy herbicides for conifer release or for site preparation for commercial timber production shall be subject to the requirements of this Section.
(b) Each permit issued for such use shall be posted immediately, or as soon as practicable, by the commissioner in all offices of the commissioner and by the permittee at a post office or similar public place reasonably located so as to be seen by persons living within one mile of the proposed spraying area and shall remain posted until the expiration of such permit.
(c) Within five days after issuance of the permit, the permittee shall mail a copy of the permit to all owners of record of property within 300 feet of the area to be treated. The permittee shall also mail a copy to all persons residing within 300 feet of the spray site described in the permit area who have filed a request for written notification with the commissioner.
(d) Each posted and mailed copy of the permit shall include notice of the provisions of this Section, Section 6442, Food and Agricultural Code Section 14009, and the names and addresses of the county agricultural commissioner and the permittee.
(e) If a request for review is mailed to the commissioner within 20 days of the issuance of the permit, no herbicide application pursuant to the permit shall be made until 30 days after such review is completed; however, a further stay may be granted by the director pursuant to an appeal by a person directly affected by the commissioner’s action. A copy of the commissioner’s decision shall be mailed to the person who requested the review and the permittee.
(f) The commissioner shall grant a review, pursuant to Food and Agricultural Code Section 14009, to any interested person.
(g) If no request for review is received by the commissioner within 30 days of the permit issuance, the application may commence without further delay.
(h) If a request by a person directly affected by the commissioner’s action, for a stay and appeal of the commissioner’s review action is mailed to the director within 20 days of the date of the commissioner’s review decision, no herbicide application pursuant to the permit shall be made until 15 days after the request is acted upon by the director. The applicant shall mail a copy of the appeal to the commissioner and to the permittee at the same time that the appeal is mailed to the director. The appeal must contain the following statement above the signature of the appellant: “I hereby certify that I have mailed copies of this appeal to the county agricultural commissioner and to the permittee.” The appeal shall also contain a copy of the commissioner’s review decision.
(i) The director shall grant a stay of the permit and an appeal pursuant to Food and Agricultural Code Section 14009 to all appellants who are directly affected by the permit action.
For the purpose of this Section, an appellant shall be considered to be directly affected by the permit action where the appellant establishes that his or her residence, crops, property, or water supply point source lies within one-half mile of the spray site described in the permit. A movable camp site, trailer, home, or other portable property temporarily located in proximity to a spray site shall not qualify as a residence or located concern. The director may find that an appellant located more than one-half mile from the spray site is directly affected.
(j) The director may rely on the commissioner’s determination of the appellant’s location, if such a determination was included in the commissioner’s decision. The appellant may contest this determination in the appeal.
(k) The director may deny an appeal and refuse a stay request in the following cases:
- (1) Where an appeal is filed not by an appellant directly affected by the permit for the protection of the appellant’s personal interest but, rather, by another on the appellant’s behalf, or,
- (2) Where an appeal fails to allege a specific abuse of discretion on the part of the commissioner in the issuance of the permit but, rather, asserts only an objection to phenoxy herbicide spraying, in general; or
- (3) Where an appeal fails to identify the specific location of appellant’s source of concern, such as appellant’s residence, cropland, water supply, or other fixed geographical reference so as to allow an assessment of the hazards associated with the permit.
(l) Where the director’s decision denies an appeal or refuses a stay, the appellate shall be advised of the right to seek judicial review of the decision.
(m) A copy of the director’s decision shall be mailed to the appellant, the commissioner, and the permittee.
(n) If no appeal is received by the director with 30 days of the commissioner’s review decision, the aerial application may commence without further delay.

If the director’s decision upholds the permit issuance and the permit cannot be exercised because of the delay involved in the stay and/or review, the permit shall be extended by order of the director for a sufficient length of time to allow for spraying at the earliest possible date, but in no case longer than 12 months.

NOTE: Authority cited: Sections 11456, 14001, 14005 and 14006, Food and Agricultural Code.

Reference: Sections 14004, 14006.5 and 14009, Food and Agricultural Code.

6444. Generalized Effects.

If at any time pesticide residues, symptoms, or health hazards appear generally throughout any area, the director or commissioner may cause a field inspection to be made. If it appears that substantial loss, damage or injury is likely to result from continued application of a specific pesticide within such area, the director or commissioner may cause all permits for applications of that pesticide within such area canceled and specify that no additional permits shall be issued therein.

NOTE: Authority cited: Sections 11456, 14005 and 14102, Food and Agricultural Code.

Reference: Sections 11501 and 14006, Food and Agricultural Code.

Article 4. Field Fumigation Use Requirements

6445. Fumigation-Handling Activities.

For purposes of sections 6447-6447.3, and 6784(b), fumigation-handling activities are limited to employees involved in assisting with covering the tarpaulin at the end of the rows (shoveling); assisting in the overall operation, ensuring proper tarpaulin placement and condition, and changing cylinders (copiloting); operating tractor equipment (driving); supervising the fumigation operation; operating chemigation equipment and assisting in chemigation application and leak repair (chemigating); tarpaulin cutting; tarpaulin or chemigation equipment removal prior to the expiration of the entry restricted period; and other handling activities specified by the label.

NOTE: Authority cited: Sections 11456, 12976, 12981, 14005, and 14102, Food and Agricultural Code.

Reference: Sections 11501, 12981, and 14102, Food and Agricultural Code.

6445.5. Field Fumigation Licensing Requirements. [Repealed]

NOTE: Authority Cited: Sections 11456, 11502, and 14005, Food and Agricultural Code.

Reference: Sections 11501, 14001, and 14151, Food and Agricultural Code.

6446. Methyl Iodide Field – General Requirements. [Repealed]

NOTE: Authority Cited: Sections 11456, 12976, 14005, and 14102, Food and Agricultural Code.

Reference: Sections 11501, 14006, and 14102, Food and Agricultural Code.

6446.1. Methyl Iodide Field Fumigation Methods. [Repealed]

NOTE: Authority cited: Sections 11456, 12976, 14005, and 14102, Food and Agricultural Code.

6447. Methyl Bromide Field Fumigation – General Requirements

The provisions of this section and sections 6447.1, 6447.2, 6447.3, and 6784(b) pertain to field soil fumigation using methyl bromide. For purposes of these sections, field soil fumigation does not apply to golf courses, replant of individual vine or tree-sites (tree holes) less than one contiguous acre, raised-tarpaulin nursery fumigations of less than one acre, potting soil, and greenhouses and other similar structures.

(a) In addition to the requirements of section 6428, the operator of the property to be treated shall submit a proposed work site plan to the commissioner for evaluation at least seven days prior to submitting a notice of intent. The proposed work site plan must include, but is not limited to, method of application to be used, acreage and identification of each application block to be treated, broadcast equivalent application rate to be used, description of the notification procedure to property operators pursuant to section 6447.1(b), description of any activities within the buffer zone(s) as specified in section 6447.2(c) and (d), description of any workday/work hour limitations as specified in section 6784(b)(3) and respiratory protection as specified on the label, and if applicable, description of the tarpaulin repair response plan. The commissioner shall retain the proposed worksite plan for one year after the expiration of the permit.
(b) The commissioner, pursuant to section 6432, shall evaluate local conditions and the proposed work site plan.
(c) The commissioner shall include at least the following when conditioning a permit: the buffer zone requirements, work-hour restrictions, notification requirements, any other restrictions to address local conditions, and if applicable, description of the tarpaulin repair response plan. The commissioner shall complete the evaluation and complete conditioning the permit prior to the submission of the notice of intent.
(d) An application block must not exceed 40 acres unless approved by the Director.
(e) Except for experimental research purposes pursuant to a valid research authorization issued according to section 6260, or a reduced volatile organic compound emission fumigation method approved pursuant to section 6452, tarpaulins must have a permeability factor of no more than 8 milliliters methyl bromide per hour, per square meter, per 1,000 parts per million of methyl bromide under the tarpaulin at 30 degrees Celsius, and be approved by the Department. This includes tarpaulins that have been tested for permeability and determined by the U.S. Environmental Protection Agency to qualify for at least 60 percent buffer zone reduction credit. The use of this tarpaulin will not allow the reduction of buffer zone distances specified on the label. A list of approved tarpaulins is available from the Department.
(f) Tarpaulins must be buried under at least four inches of firmly packed soil at the end of the rows. The tarpaulins must remain in place for the time specified in section 6447.3.
(g) County agricultural commissioners shall ensure that agricultural use of methyl bromide does not exceed 171,625 pounds in a township in a calendar month. County agricultural commissioners shall deny any permit or notice of intent that would cause the 171,625 pound limit to be exceeded.

NOTE: Authority cited: Sections 11456, 12976, 12981, 14005 and 14102, Food and Agricultural Code.

Reference: Sections 11501, 12981, 14006 and 14102, Food and Agricultural Code.

6447.1. Methyl Bromide Field Fumigation Notification Requirements.

a) Notification to the Commissioner.
- (1) Notwithstanding section 6434, the operator of the property to be treated shall assure that the commissioner is notified (notice of intent) at least 48 hours prior to commencing fumigation. The notice of intent shall indicate the hour the fumigation is intended to commence and the information specified in section 6434(b).
- (2) The fumigation shall not commence sooner than the intended starting time or later than 12 hours after the intended starting time specified on the notice of intent.
- (3) If fumigation of an application block does not commence within the time specified in (a)(2), a new notice of intent must be submitted but no new 48-hour waiting period is needed unless required by the commissioner.
- (4) For multiple application blocks to be fumigated sequentially, the commissioner may allow one notice of intent that includes an application schedule for all the application blocks in lieu of a separate notice of intent for each application block to be fumigated. The schedule must specify the date and time each application block is intended to be fumigated.
(b) Notification to Property Operators.
- (1) The operator of the property to be treated shall assure that operators of the following properties within 300 feet of the perimeter of the outer buffer zone receive notification that a permit to use methyl bromide near their property has been issued by the commissioner: properties that contain schools, residences, hospitals, convalescent homes, onsite employee housing, or other similar sites identified by the commissioner. Notification shall be in writing, in both English and Spanish, or by other means approved by the commissioner. The operator of the property to be treated shall assure that notification is delivered at least seven days prior to the submission of the notice of intent. The notification shall include the following information:
  - (A) the name of the chemical(s) to be applied;
  - (B) name, business address, and business telephone number of the operator of the property to be treated;
  - (C) name, business address, and business telephone number of the commissioner;
  - (D) the earliest and latest dates that the fumigation will start; and
  - (E) how to request subsequent notification of specific date and time of the fumigation.
- (2) The operator of the property to be treated shall assure that specific notification of the date and time of the start of the fumigation and anticipated expiration of buffer zones is provided to those persons notified in (b)(1) who request specific fumigation information. This specific fumigation notification shall be provided at least 48 hours prior to starting the fumigation. If a request for specific notification is received after the submission of the notice of intent and before the fumigation begins, the specific fumigation notification shall be provided prior to starting the fumigation, but the 48-hour requirement shall not apply. If the fumigation of an application block does not commence within the time frame specified in (a)(2), then a new notification must be provided to those persons who requested the information, but the 48-hour requirement shall not apply unless required by the commissioner.

NOTE: Authority cited: Sections 11456, 12976, 12981, 14005 and 14102, Food and Agricultural Code.

Reference: Sections 11501, 12981, 14006 and 14102, Food and Agricultural Code.

6447.2. Methyl Bromide Field Fumigation Buffer Zone Requirements.

(a) The commissioner shall set buffer zone sizes and durations based upon local conditions. The commissioner may not allow a buffer zone that is smaller or a duration that is less in permit conditions than those in Methyl Bromide Field Fumigation Buffer Zone Determination, Rev. 3/10, hereby incorporated by reference.
(b) Two buffer zones, an inner and outer for each application block, shall be approved by the commissioner after the proposed worksite plan is submitted.
(c) Inner Buffer Zone Restrictions.
- (1) The inner buffer zone must be at least 30 feet.
- (2) The operator of the property to be treated shall assure that no persons are allowed within the inner buffer zone except to transit on public and private roadways by vehicles or bicycles or to perform fumigation-handling activities.
- (3) The inner buffer zone must not extend into adjoining property except as provided below:
  - (A) The inner buffer zone may extend into adjoining agricultural property if the adjoining property operator gives written permission and allows the operator of the property to be treated to post the inner buffer zone boundary on the adjoining property with signs. If such written permission is given, the operator of the property to be treated shall assure that:
    - 1. the inner buffer zone boundaries on the adjoining property are posted with signs while the buffer zone is in effect; and
    - 2. the signs are posted with wording criteria in accordance with the label; and
    - 3. the signs are posted at intervals not exceeding 200 feet.
  - (B) With approval from the commissioner, the inner buffer zone may extend across sites only where transit activities may occur, including streets, roads, roads within agricultural property, and highways. Written permission and posting requirements in 6447.2 (c)(3)(A) shall not apply.
(d) Outer Buffer Zone Restrictions.
- (1) The outer buffer zone must be at least 60 feet.
- (2) The operator of the property to be treated shall assure that no persons are allowed within the outer buffer zone except to transit on public and private roadways by vehicles or bicycles, perform fumigation-handling activities, and commissioner-approved activities as identified in the restricted materials permit conditions. In no instance shall persons be allowed within the outer buffer zone for more than 12 hours in a 24-hour period.
- (3) The outer buffer zone may extend into other properties with written permission from the operators of these other properties. In no instances shall the outer buffer zone contain occupied residences or buildings, or occupied onsite employee housing while the outer buffer zone is in effect. The outer buffer zone must not extend into properties that contain schools, convalescent homes, hospitals, or other similar sites determined by the commissioner.
- (4) The outer buffer zone may extend across roads, highways, or sites approved by the commissioner.
(e) The operator of the property to be treated shall assure that the operator of the other properties specified in (c)(3)(A) and (d)(3) above, notify the following persons that a buffer zone(s) has been established on the property: onsite employees, including those of a licensed pest control business or farm labor contractor. The notice to employees must be given prior to the commencement of the employee’s work activity. Notification to farm labor contractor employees may be done by giving written notice to the farm labor contractor who shall then give the notice to the employee. Employee notification must be in a manner the employee can understand, and include information required in section 6447.1(b)(2).
(f) The operator of the property to be treated shall assure that specific notification of the date and time of the start of the fumigation and anticipated expiration of buffer zones is provided to the other property operator, if the operator of the other property is required to notify his/her employees as specified in (e). This specific fumigation notification must be provided to the other property operator at least 48 hours prior to starting the fumigation. If the fumigation of an application block does not commence within the time frame specified in 6447.1(a)(2), then a new notification must be provided to the other property operator specified in (c)(3)(A) and (d)(3), but the 48-hour requirement shall not apply unless required by the commissioner.
(g) No fumigant application with an outer buffer zone greater than 300 feet is permitted within ¼ mile of a school property unless the school is scheduled to be unoccupied during the application period and for 36 hours thereafter.

NOTE: Authority cited: Sections 11456, 12976, 12981, 14005 and 14102, Food and Agricultural Code.

Reference: Sections 11501, 12981, 14006 and 14102, Food and Agricultural Code.

6447.3. Methyl Bromide Field Fumigation Methods.

(a) The methyl bromide field soil fumigation must be made using only the methods described in this section. However, within the San Joaquin Valley, Southeast Desert, or Ventura ozone nonattainment areas, the following methods are prohibited during the May 1 through October 31 time period: (2), (4), and (6); and if applied as alternating fumigated and unfumigated areas (strip fumigation), methods (3) and (5). In addition to labeling requirements for each of these methods, the following requirements shall apply:
- (1) (Reserved)
- (2) Nontarpaulin/Deep/Broadcast.
  - (A) Broadcast equivalent application rate must not exceed 400 pounds of methyl bromide per acre.
  - (B) Forward-curved chisel must be used with:
    1. An application tractor equipped with an air fan dilution system, and the injection depth must be at least 20 inches; or
    2. Closing shoes and compaction roller and the injection depth must be at least 24 inches.
  - (C) Injection spacing must be 68 inches or less.
  - (D) The soil must not be disturbed for at least four days (96 hours) following completion of injection to the application block.
- (3) Tarpaulin/Shallow/Broadcast.
  - (A) Broadcast equivalent application rate must not exceed 400 pounds of methyl bromide per acre.
  - (B) Application must be made using an application tractor equipped with an air fan dilution system, and with a plow consisting of horizontal v-shaped blades mounted by a vertical arm to the tool bar. The fumigant must be injected laterally beneath the soil surface.
  - (C) Injection depth must be at least 10 and no greater than15 inches.
  - (D) Injection spacing must be 12 inches or less.
  - (E) The tarpaulin must be laid down simultaneously (with fumigant injection) by tarpaulin-laying equipment mounted on the application tractor.
  - (F) If using a tarpaulin that has been tested for permeability and determined by the U.S. Environmental Protection Agency to qualify for at least 60 percent buffer zone reduction credit, the tarpaulin must not be cut or perforated until a minimum of nine days following completion of injection to the application block.
  - (G) Tarpaulin removal shall begin no sooner than 24 hours after tarpaulin cutting has been completed.
- (4) Tarpaulin/Shallow/Bed.
  - (A) Broadcast equivalent application rate must not exceed 250 pounds of methyl bromide per acre.
  - (B) Rearward-curved (swept-back) chisels must be used with either:
    1. Closing shoes and compaction roller. The closing shoes must cover the chisel marks with soil just ahead of the compaction roller, and the tarpaulin must be laid down simultaneously (with fumigant injection) by tarpaulin-laying equipment mounted on the application tractor; or
    2. Bed shaper. The chisels must be placed with the injection point under the bed shaper, and the tarpaulin must be laid down simultaneously (with fumigant injection) by tarpaulin-laying equipment mounted on the application tractor; or
    3. Combination bed former and bed shaper. The chisels must be placed between the bed former and the bed shaper. The tractor with the tarpaulin-laying equipment must immediately follow the application tractor.
  - (C) Injection depth shall be between 6 and 15 inches. The injection depth to preformed beds must not be below the bed furrow.
  - (D) Injection spacing must be 12 inches or less.
  - (E) If using a tarpaulin that has been tested for permeability and determined by the U.S. Environmental Protection Agency to qualify for at least 60 percent buffer zone reduction credit, the tarpaulin must not be cut or perforated until a minimum of nine days following completion of injection to the application block.
  - (F) If tarpaulins are removed before planting, tarpaulin removal shall begin no sooner than 24 hours after tarpaulin cutting has been completed. The entry restricted period must be at least six days, or 10 days if using tarpaulin described in (E).
  - (G) If tarpaulins are not to be removed before planting, the application block entry restricted period must either:
    1. consist of the five-day period plus an additional 48 hours after holes have been cut for planting if using a tarpaulin not described in subsection (E); or
    2. consist of a nine-day period plus an additional 48 hours after holes have been cut for planting, if using a tarpaulin described in subsection (E); or
    3. be at least 14 days. If this option is chosen, the methyl bromide air concentration underneath the tarpaulin must test less than five parts per million before planting begins.
- (5) Tarpaulin/Deep/Broadcast.
  - (A) Broadcast equivalent Aapplication rate must not exceed 400 pounds of methyl bromide per acre.
  - (B) Forward-curved chisels must be used with either:
    1. An air fan dilution system on the application tractor; or
    2. Closing shoes and compaction roller.
  - (C) Injection depth must be at least 20 inches.
  - (D) Injection spacing must be 66 inches or less.
  - (E) The tarpaulin must be laid down simultaneously (with fumigant injection) by tarpaulin-laying equipment mounted on the application tractor.
  - (F) If using a tarpaulin that has been tested for permeability and determined by the U.S. Environmental Protection Agency to qualify for at least 60 percent buffer zone reduction credit, the tarpaulin must not be cut or perforated until a minimum of nine days following completion of injection to the application block.
  - (G) Tarpaulin removal must begin no sooner than 24 hours after tarpaulin cutting has been completed.
- (6) Drip System – Hot Gas.
  A hot gas application through a subsurface drip irrigation system to tarpaulin-covered beds may be used if all of the following criteria are met:
  - (A) Broadcast equivalent application rate must not exceed 225 pounds of methyl bromide per acre.
  - (B) The fumigant must be injected beneath the soil surface at a minimum depth of one inch.
  - (C) The portion of the drip system used in the fumigation must be physically disconnected from the main water supply during the fumigation to prevent possible contamination of the water supply.
  - (D) All fittings and emitters underneath the tarpaulin must be buried in the soil to a minimum depth of one inch.
  - (E) Prior to the start of the fumigation, all drip tubing must be checked for blockage, and the irrigation system connections and fittings checked for blockage and leaks using pressurized air and/or water. The end of each drip tubing must be placed under the tarpaulin prior to introduction of fumigant.
  - (F) The tarpaulin must be placed and inspected for tears, holes, or improperly secured edges prior to fumigating. Repairs and adjustments must be made before the fumigation begins.
  - (G) Prior to the start of the fumigation, all fittings above ground and outside of the tarpaulin must be pressure-tested with compressed air, water, or nitrogen gas to a maximum pressure of 50 pounds per square inch. A soap solution must be used to check the fittings for leaks if using air or nitrogen. All apparent leaks must be eliminated prior to the fumigation. All drip tubing with emitters connected to the distribution manifold not covered by the tarpaulin must be sealed to prevent fumigant loss through the emitters.
  - (H) Prior to introducing the fumigant, the drip system must be purged of water by means of pressurized gas, such as CO2 or nitrogen.
  - (I) The drip system must be purged prior to disconnecting any line containing the fumigant.
  - (J) After purging, drip tubing must be pinched off and then disconnected from the distribution manifold. All disconnected tubing leading into the treated field must be secured to prevent gas from escaping.
  - (K) All fittings used for connecting or disconnecting the heat exchanger to the irrigation system manifold must be of a positive shut-off design.
  - (L) All persons must wear the eye protection specified on the label when working with a manifold system or tubing containing the fumigant under pressure.
  - (M) The entire fumigation system (heater, valves, and manifold) must be purged of the fumigant at the end of each day’s fumigation.
  - (N) If using a tarpaulin that has been tested for permeability and determined by the U.S. Environmental Protection Agency to qualify for at least 60 percent buffer zone reduction credit, the tarpaulin must not be cut or perforated until a minimum of nine days following completion of injection to the application block.
  - (O) If tarpaulins are removed before planting, tarpaulin removal shall begin no sooner than 24 hours after tarpaulin cutting has been completed. The entry restricted period must be at least six days, or 10 days if when using tarpaulin described in (N).
  - (P) If tarpaulins are not to be removed before planting, the application block entry restricted period must either:
    1. consist of the five-day period plus an additional 48 hours after holes have been cut for planting, if using a tarpaulin not described in subsection (N); or
    2. consist of a nine-day period plus an additional 48 hours after holes have been cut for planting, if using a tarpaulin described in subsection (N); or
    3. be at least 14 days. If this option is chosen, the methyl bromide air concentration underneath the tarpaulin must test less than five parts per million before planting begins.
(b) Notwithstanding section 6770, the operator of the property shall assure that only persons performing fumigation-handling activities are allowed in an application block before the entry restricted period expires. Persons performing activities other than tarpaulin cutting, removal, and repair described in sections 6784(b)(3) and (5) shall wear a full-face respirator that meets the requirements specified on the label.
(c) Notwithstanding subsection (a), a reduced volatile organic compound emission field fumigation method approved pursuant to section 6452 or a method for experimental research purposes pursuant to a valid research authorization issued according to section 6260 may be allowed.

NOTE: Authority cited: Sections 11456, 12976, 12981, 14005 and 14102, Food and Agricultural Code.

Reference: Sections 11501, 12981, 14006 and 14102, Food and Agricultural Code.

6448. 1,3-Dichloropropene Field Fumigation – General Requirements.

(a) 1,3-Dichloropropene shall only be used for the production of an agricultural commodity.
(b) Field soil fumigations using 1,3-Dichloropropene are prohibited within a minimum distance (setback) of any structure that is, will be, or may be occupied at any time during the application and/or setback period, measured from the perimeter of the application block to any residence, onsite employee housing, schools, convalescent homes, hospitals, businesses, or other similar sites identified by the commissioner. A setback is also required for any other indoor or outdoor site that will be occupied for at least 72 consecutive hours during and following a 1,3-Dichloropropene application. The setback distance from an occupied structure or other site varies with the fumigation method, region, season, application rate, and application block size, and is specified in “1,3-Dichloropropene Field Fumigation Requirements, est. January 1, 2024,” hereby incorporated by reference. If the application block is within the setback distance from a structure, no person shall be present at the structure at any time during the application and for at least the seven consecutive day period after the application is complete.
- (1) An application of 1,3-Dichloropropene is prohibited within the setback distance from any structure outside of the property to be treated, unless the operators of the other properties provide written agreement to the certified applicator prior to the application that the structures will be voluntarily vacated during the application and for at least the seven consecutive day period after the application is complete. The certified applicator shall provide a copy of the written agreements to the commissioner with each notice of intent.
(c) Setback requirements are more stringent if multiple 1,3-Dichloropropene field soil fumigations “overlap” in distance and time. To determine if overlapping application requirements apply, the setback distance specified in “1,3-Dichloropropene Field Fumigation Requirements, est. January 1, 2024,” hereby incorporated by reference, is measured from the application block to the other 1,3-Dichloropropene application blocks rather than from the occupied structures. Setbacks for overlapping field soil fumigations are required if the setback distances for two or more 1,3-Dichloropropene application blocks overlap within 36 hours from the time the earlier application is complete until the start of the later application. For overlapping field soil fumigations, the setback from occupied structures is the same distance for all application blocks and determined using 1) the combined acreage of all overlapping application blocks, 2) the highest application rate, and 3) the setback table for the fumigation method with the largest setback distance specified in “1,3-Dichloropropene Field Fumigation Requirements, est. January 1, 2024.” Fumigation methods that require the minimum setback restrictions specified in “1,3-Dichloropropene Field Fumigation Requirements, est. January 1, 2024” for all field soil fumigations are exempt from the multiple field soil fumigations requirements.
(d) An application of 1,3-Dichloropropene must not exceed the maximum broadcast equivalent application rate specified in “1,3-Dichloropropene Field Fumigation Requirements, est. January 1, 2024,” hereby incorporated by reference.
(e) A 1,3-Dichloropropene application block must not exceed the acres specified in “1,3-Dichloropropene Field Fumigation Requirements, est. January 1, 2024,” hereby incorporated by reference.
(f) Notwithstanding section 6434, the operator of the property to be treated shall assure that the commissioner is notified (notice of intent) at least 48 hours prior to commencing fumigation. The notice of intent shall indicate the hour the fumigation is intended to commence and the information specified in section 6434(b).

NOTE: Authority cited: Sections 11456, 12976, 14005, 14024 and 14102, Food and Agricultural Code.

Reference: Sections 11501, 14006, 14024 and 14102, Food and Agricultural Code.

6448.1. Approved Totally Impermeable Film (TIF) Tarpaulins for 1,3-Dichloropropene.

(a) The Director shall evaluate candidate totally impermeable film (TIF) tarpaulins and maintain a “List of Approved Totally Impermeable Film (TIF) Tarpaulins,” available on the Department’s Web site, that lists TIF tarpaulins authorized for field soil fumigations using 1,3-Dichloropropene based on the criteria specified below.
- (1) Have a mass transfer coefficient for 1,3-Dichloropropene of no more than 0.046 centimeters per hour, measured using American Society for Testing and Materials (ASTM) method E2945-14 (2014), which is hereby incorporated by reference, under high humidity conditions (at least 90 percent).
- (2) Display the tarpaulin name and lot number in print on the tarpaulin in a font size equal to 2-3 inches in height and printed at least 1 foot from each edge and at an interval of 20-30 feet along the length of the tarpaulin. The printing must be legible, including a printing color that is different from the color of the tarpaulin.
(b) The Director shall update the “List of Approved TIF Tarpaulins” to add, amend, or remove approved TIF tarpaulins on the list. The Director shall issue a public notice each time a change is made to this list and shall provide notice upon a denial of an application to add or amend a TIF tarpaulin on the list.
(c) Any interested person may appeal the Director’s decision to approve, deny, amend, or remove a TIF tarpaulin from the “List of Approved TIF Tarpaulins” within 30 days of the issuance of the public notice required in subsection (b). The following procedures apply to the appeal:
- (1) The appeal shall be in writing, state the grounds for the appeal, and include written evidence for the Director’s consideration.
- (2) The Director may request additional evidence for consideration on the appeal.
- (3) The Director shall issue a written decision on the appeal within 45 days of the date of the appeal or as soon thereafter as practical.
(d) If a TIF tarpaulin is used, it must meet the requirements in subsection (a) at the time of the application.

NOTE: Authority cited: Sections 11456, 12976, 14005 and 14024, Food and Agricultural Code.

Reference: Sections 11501, 14006 and 14024, Food and Agricultural Code.

6448.2. 1,3-Dichloropropene Field Fumigation Methods.

(a) An application of 1,3-Dichloropropene that uses either a totally impermeable film (TIF) tarpaulin or non-TIF (higher permeability) tarpaulin must meet the following requirements:
- (1) An application block shall only be covered with tarpaulins in the same permeability category (i.e., two different brands of TIF tarpaulins may be used in an application block, but an application block cannot be covered with a mix of TIF and non-TIF tarpaulins).
- (2) Tarpaulins must be buried under at least four inches of firmly packed soil at the end of the rows.
- (3) A tarpaulin plan must include the following elements:
  - (A) Identification of the tarpaulin, including brand name, lot number, thickness, manufacturer, batch number, and part number;
  - (B) A schedule for checking tarpaulins for damage, tears, and other problems;
  - (C) The parties responsible for checking and repairing tarpaulins;
  - (D) The minimum size of damage that will be repaired;
  - (E) The factors used to determine when tarpaulin repair will be conducted, including hazard to the public, residents, or workers; proximity to occupied structures, size of the damaged area(s); timing of damage; feasibility and response time of repair; and environmental factors such as wind speed and direction;
  - (F) The equipment/methods used to cut or perforate tarpaulins;
  - (G) The target dates for cutting/perforating tarpaulins; and
  - (H) The target dates for removing tarpaulins.
- (4) TIF tarpaulins must not be cut/perforated until a minimum of 10 days (240 hours) have elapsed after the application is complete.
(b) Except for drip chemigation field soil fumigations pursuant to subsection (d)(7), the application block must have a soil moisture of at least 50 percent of field capacity at a depth of three to nine inches below the surface when the fumigation occurs. One of the options described in “1,3-Dichloropropene Field Fumigation Requirements, est. January 1, 2024,” hereby incorporated by reference, shall be used to comply with the soil moisture requirement.
- (1) Subsection (d) describes several fumigation methods that use post-fumigation water treatments to reduce 1,3-Dichloropropene emissions. Fumigation methods using post-fumigation water treatments must be applied at a rate of 0.15-0.25 inches per hour and meet one of the following water requirements depending on soil texture:
  - (A) coarse soils – a minimum of 0.40 inches of water per acre.
  - (B) loamy, moderately coarse, or medium texture soils – a minimum of 0.30 inches of water per acre.
  - (C) fine texture soils – a minimum of 0.20 inches of water per acre.
(c) Applications for tree and grape crops must use a fumigation method specified in subsection (d) with an injection point at least 24 inches below the soil surface or a TIF tarpaulin that meets the requirements in section 6448.1.
- (1) If an application is made alternating fumigated and unfumigated areas (strip fumigation), the treated application block cannot be retreated with the same active ingredient between May 1 through October 31 during the same calendar year in the Sacramento Metro, San Joaquin Valley, South Coast, Southeast Desert, or Ventura ozone nonattainment areas.
(d) The 1,3-Dichloropropene field soil fumigation must be made using only the methods described in this section and identified by the field fumigation method code specified in “1,3-Dichloropropene Field Fumigation Requirements, est. January 1, 2024,” hereby incorporated by reference. However between May 1 and October 31 within the San Joaquin Valley, Southeast Desert, or Ventura ozone nonattainment areas, method (d)(1) is prohibited; methods (d)(2), (d)(4), and (d)(7) are prohibited unless applied using a TIF tarpaulin that meets the requirements in section 6448.1(a); and method (d)(5) is prohibited when 1,3-Dichloropropene is used in combination with chloropicrin unless applied as alternating fumigated and unfumigated areas (strip fumigation). In addition to labeling requirements for each of these methods, the following requirements shall apply.
- (1) Nontarpaulin/Shallow/Broadcast or Bed. Chisel trace must be eliminated by use of tillage equipment to mix the soil to a depth of at least three inches. Broadcast fumigation must be followed by compaction of the soil surface.
  - (A) Injection point must be at least 12 inches below the soil surface.
- (2) Tarpaulin/Shallow/Broadcast or Bed.
  - (A) Injection point must be at least 12 inches below the soil surface.
  - (B) Chisel trace must be eliminated by use of tillage equipment to mix the soil to a depth of at least three inches. Broadcast fumigation must be followed by compaction of the soil surface.
- (3) Nontarpaulin/Shallow/Broadcast or Bed/Three Post-Fumigation Water Treatments.
  - (A) Injection point must be at least 12 inches below the soil surface.
  - (B) Chisel trace must be eliminated by use of tillage equipment to mix the soil to a depth of at least three inches. Broadcast fumigation must be followed by compaction of the soil surface.
  - (C) Fumigation must be completed in a time that allows compliance with the post-fumigation water treatments below and meet the requirements in subsection (b):
    1. Water must be applied by an irrigation method that uniformly covers the treated area in the entire application block.
    2. On the day of fumigation, the first water treatment must begin within 30 minutes of the completion of fumigation. A second post-fumigation water treatment must start no earlier than one hour prior to sunset on the day of fumigation and completed by midnight.
    3. On the day following fumigation, a third post-fumigation water treatment must be applied starting no earlier than one hour prior to sunset and completed by midnight.
    4. Additional post-fumigation water treatment(s) may be applied at any time provided the treatments required above are completed in the specified time periods.
- (4) Tarpaulin/Shallow/Bed/Three Post-Fumigation Water Treatment.
  - (A) Injection point must be at least 12 inches below the soil surface.
  - (B) Chisel trace must be eliminated by use of tillage equipment to mix the soil to a depth of at least three inches.
  - (C) Fumigation must be completed in a time that allows compliance with the post-fumigation water treatments below and meet the requirements in subsection (b):
    1. Water must be applied by an irrigation method that uniformly covers the untarped area in the entire application block.
    2. On the day of fumigation, the first water treatment to the untarped areas must begin within 30 minutes of the completion of fumigation. A second post-fumigation water treatment to the untarped areas must start no earlier than one hour prior to sunset on the day of fumigation and completed by midnight.
    3. On the day following fumigation, a third post-fumigation water treatment to the untarped areas must be applied starting no earlier than one hour prior to sunset and completed by midnight.
    4. Additional post-fumigation water treatment(s) may be applied at any time provided the treatments required above are completed in the specified time periods.
- (5) Nontarpaulin/Deep/Broadcast.
  - (A) Injection point must be at least 18 inches below the soil surface.
  - (B) Chisel trace must be eliminated by use of tillage equipment to mix the soil to a depth of at least three inches. Broadcast fumigation must be followed by compaction of the soil surface.
- (6) Tarpaulin/Deep/Broadcast.
  - (A) Injection point must be at least 18 inches below the soil surface.
  - (B) Chisel trace must be eliminated by use of tillage equipment to mix the soil to a depth of at least three inches. Broadcast fumigation must be followed by compaction of the soil surface.
- (7) Chemigation (Drip System)/Tarpaulin.
  - (A) Drip system must be filled with water and tested for pressure variation, clogged emitters, and leaks before chemigation. The pressure must not exceed the pressure rating of the drip tape, and the pressure variation in the drip tape throughout the field must be less than three pounds per square inch. Drip system must be free of leaks and clogged emitters.
  - (B) The tarpaulin must be placed and inspected for tears, holes, or improperly secured edges prior to fumigating. Repairs and adjustments must be made before the chemigation begins.
  - (C) Ends of drip tape not covered by tarpaulin must be covered by at least two inches of soil.
  - (D) After chemigation, the drip system must be flushed with a volume of water at least three times the volume of the mainline and laterals of the drip system.
(e) Notwithstanding subsection (d), the following field fumigation methods may be allowed:
- (1) A new 1,3-Dichloropropene fumigation method approved pursuant to section 6448.3;
- (2) A reduced volatile organic compound emission field fumigation method approved pursuant to section 6452; or
- (3) A method for experimental research purposes pursuant to a valid research authorization issued according to section 6260.

NOTE: Authority cited: Sections 11456, 12976, 14005, 14024 and 14102, Food and Agricultural Code.

Reference: Sections 11501, 14006, 14024 and 14102, Food and Agricultural Code.

6448.3. New 1,3-Dichloropropene Fumigation Methods.

(a) Notwithstanding section 6448.2(d), the Director may approve use of a 1,3-Dichloropropene field fumigation method not described in section 6448.2 based on the following criteria:
- (1) The fumigation method has scientific data and information sufficient to estimate 1,3-Dichloropropene emissions;
- (2) The results are valid as indicated by the quality control data; and
- (3) The conditions studied represent agricultural fields fumigated.
(b) As part of the approval for a new field fumigation method, the Director shall estimate potential 1,3-Dichloropropene air concentrations using the emission data in subsections (a)(1) and (a)(2) to:
- (1) determine the combinations of setback distance, application rate, and application block size that will result in a 1,3-Dichloropropene air concentration of no more than 55 parts per billion as a 72-hour time-weighted average;
- (2) assign a field fumigation method code.
(c) The Director shall publish a notice of interim approval for a field fumigation method on the Department’s Web site. The interim approval expires three years after the date of approval.

NOTE: Authority cited: Sections 11456, 12976, 14005 and 14024, Food and Agricultural Code.

Reference: Sections 11501, 14006 and 14024, Food and Agricultural Code.

6448.4. Annual 1,3-Dichloropropene Report

(a) The Director shall issue an annual 1,3-Dichloropropene report for each calendar year by October 1 of the following year or as soon thereafter as is reasonably practicable, starting with a report covering calendar year 2024.
(b) The Annual 1,3-Dichloropropene Report must include the following:
- (1) A list of the townships and monitoring locations that meet any of the following criteria for the previous calendar year.
  - (A) The township with the highest use of 1,3-Dichloropropene for each of ten counties with the highest use of 1,3-Dichloropropene. If a township is located in more than one county, the township will represent all the counties and the highest township from the next highest county will be listed (e.g., township from the eleventh highest county). Ten townships will be listed, but they may represent more than ten counties. If the ten townships include adjacent townships in different counties only the township with higher use will be listed, and the highest township in the next highest county will be listed.
  - (B) Monitoring locations with an average air concentration of more than 0.27 parts per billion (ppb) in the previous calendar year.
  - (C) Monitoring locations with an air concentration of more than 55 ppb for a 24-hour period in the previous calendar year.
- (2) An evaluation of the townships and monitoring locations listed in subsection (b)(1) determining the major factors affecting use levels and air concentrations. For each of the ten specified townships, the evaluation will include estimated 1,3-Dichloropropene air concentrations for the highest 24-hour period, the highest 72-hour period, and the one-year average based on the reported use, available emissions data, and local weather conditions. For each 1,3-D air monitoring location with air concentrations more than 0.27 ppb as a one-year average or 55 ppb for a 24-hour period, the evaluation will include an assessment of the validity and representativeness of the monitoring data, analysis of reported use, available emissions data, and local weather conditions to determine if the detected air concentrations are within the expected range. If any of the estimated or monitored air concentrations are higher than expected in comparison to previous data, the report will include a description of action(s) the Department will take to address the high levels and a timeline for taking the actions.
(c) A draft report shall be made available to the public for comment. A 45-day public comment period will be provided to allow for submission of written statements or arguments to the Director for review before finalizing the Annual 1,3-Dichloropropene Report. The report will be posted on the Department’s Web site.

NOTE: Authority cited: Sections 11456, 12976, 14005 and 14024, Food and Agricultural Code.

Reference: Sections 11501, 14006 and 14024, Food and Agricultural Code.

6449. Chloropicrin Field Fumigation – General Requirements.

The provisions of section 6449.1 apply to field soil fumigation using chloropicrin within the Sacramento Metro, San Joaquin Valley, South Coast, Southeast Desert, or Ventura ozone nonattainment areas during the May 1 through October 31 time period. Raised-tarpaulin nursery fumigations of less than one acre or replant of individual vine or tree-sites (tree holes) less than one contiguous acre are not considered field soil fumigations under the provisions of section 6449.1.

NOTE: Authority cited: Sections 11456, 12976, 12981, 14005, and 14102, Food and Agricultural Code.

Reference: Sections 11501, 12981, 14006, and 14102, Food and Agricultural Code.

6449.1. Chloropicrin Field Fumigation Methods.

(a) For products containing chloropicrin as the sole active ingredient, the field soil fumigation must be made using only the methods described in section 6447.3 or 6448.2. However within the San Joaquin Valley, Southeast Desert, or Ventura ozone nonattainment areas the methods described in the following sections are prohibited:
- (1) 6447.3(a)(1),(2), and (6); and 6448.2(d)(1) and (5);
- (2) 6448.2(d)(5), unless applied as alternating fumigated and unfumigated areas (strip fumigation) and the broadcast equivalent application rate must not exceed 210 pounds of chloropicrin per acre; and
- (3) 6447.3 (a)(4), 6447.3(a)(3) and (5) if applied as alternating fumigated and unfumigated areas (strip fumigation), and 6448.2(d)(2) if applied as a bed fumigation unless a tarpaulin that has been tested for permeability and determined by the U.S. Environmental Protection Agency to qualify for at least 60 percent buffer zone reduction credit is used.
(b) If an application is made alternating fumigated and unfumigated areas (strip fumigation), the treated application block cannot be retreated with the same active ingredient between May 1 through October 31 during the same calendar year.
(c) Notwithstanding subsection (a), a reduced volatile organic compound emission field fumigation method approved pursuant to section 6452 or a method for experimental research purposes pursuant to a valid research authorization issued according to section 6260 may be allowed.

NOTE: Authority cited: Sections 11456, 12976, 14005 and 14102, Food and Agricultural Code.

Reference: Sections 11501, 14006 and 14102, Food and Agricultural Code.

6450. Metam-Sodium, Potassium N-methyldithiocarbamate (metam-potassium), and Dazomet Field Fumigation – General Requirements.

The provisions of sections 6450.1 and 6450.2 apply to field soil fumigation using metam-sodium, potassium N-methyldithiocarbamate (metam-potassium), or dazomet within the Sacramento Metro, San Joaquin Valley, South Coast, Southeast Desert, or Ventura ozone nonattainment areas during the May 1 through October 31 time period. Golf courses, tree applications for prevention of root graft disease transmission, wood decay uses, potting soil, replant of individual vine or tree-sites (tree holes) less than one contiguous acre, raised-tarpaulin nursery fumigations of less than one acre, and greenhouses and other similar structures are not considered field soil fumigations under the provisions of sections 6450.1 and 6450.2.

NOTE: Authority cited: Sections 11456, 12976, 12981, 14005, and 14102, Food and Agricultural Code.

Reference: Sections 11501, 12981, 14006, and 14102, Food and Agricultural Code.

6450.1. Metam-Sodium and Potassium N-methyldithiocarbamate (Metam-Potassium) Field Fumigation Methods.

(a) Broadcast equivalent application rate must not exceed 350 pounds active ingredient per acre for potassium N-methyldithiocarbamate (metam-potassium).
(b) Fumigations must start no earlier than one hour after sunrise and must be completed no later than one hour before sunset except for the method described in subsection (d)(9), (10), and (11).
(c) Fumigation methods using post-water treatments must be applied at a rate of 0.15-0.25 inches per hour and meet one of the following water requirements depending on soil texture:
- (1) coarse soils – a minimum of 0.40 inches of water per acre.
- (2) loamy, moderately coarse, or medium texture soils – a minimum of 0.30 inches of water per acre.
- (3) fine texture soils – a minimum of 0.20 inches of water per acre.
(d) The metam-sodium or potassium N-methyldithiocarbamate (metam-potassium) field soil fumigation must be made using only the methods described in this section. However, within the San Joaquin Valley, Southeast Desert, or Ventura ozone nonattainment areas, methods (1), (4), and (9) are prohibited. In addition to labeling requirements for each of these methods, the following requirements shall apply.
- (1) Sprinkler/Broadcast or Bed/One Post-Fumigation Water Treatment.
  - (A) Fumigation must be completed in a time that allows compliance with the post-fumigation water treatment below and meet the requirements in subsection (c):
    1. Water must be applied by an irrigation method that uniformly covers the treated area in the entire application block.
    2. On the day of fumigation, one post-fumigation water treatment must begin within 30 minutes of the completion of fumigation.
    3. Any additional post-fumigation water treatment(s) may be applied at any time.
- (2) Sprinkler/Broadcast or Bed/Two Post-Fumigation Water Treatments.
  - (A) Fumigation must be completed in a time that allows compliance with the post-fumigation water treatments below and meet the requirements in subsection (c):
    1. Water must be applied by an irrigation method that uniformly covers the treated area in the entire application block.
    2. On the day of fumigation, the first post-fumigation water treatment must begin within 30 minutes of the completion of fumigation. A second post-fumigation water treatment must start no earlier than one hour prior to sunset on the day of fumigation and completed by midnight.
    3. Additional post-fumigation water treatment(s) may be applied at any time provided the treatments required above are completed in the specified time periods.
- (3) Sprinkler/Broadcast or Bed/Three Post-Fumigation Water Treatments.
  - (A) Fumigation must be completed in a time that allows compliance with the post-fumigation water treatments below:
    1. Water must be applied by an irrigation method that uniformly covers the treated area in the entire application block.
    2. On the day of fumigation, the first post-fumigation water treatment must begin within 30 minutes of the completion of fumigation. A second post-fumigation water treatment must start no earlier than one hour prior to sunset on the day of fumigation and completed by midnight.
    3. On the day following fumigation, a third post-fumigation water treatment, be applied starting no earlier than one hour prior to sunset and completed by midnight.
    4. Additional post-fumigation water treatment(s) may be applied at any time provided the treatments required above are completed in the specified time periods.
- (4) Nontarpaulin/Shallow/Broadcast or Bed/One Post-Fumigation Water Treatment.
  - (A) Fumigation must be completed in compliance with the post-fumigation water treatments pursuant to subsection (d)(1)(A).
- (5) Nontarpaulin/Shallow/Broadcast or Bed /Two Post-Fumigation Water Treatments.
  - (A) Fumigation must be completed in compliance with the post-fumigation water treatments pursuant to subsection (d)(2)(A).
- (6) Nontarpaulin/Shallow/Broadcast or Bed/Three Post-Fumigation Water Treatments.
  - (A) Fumigation must be completed in compliance with the post-fumigation water treatments pursuant to subsection (d)(3)(A).
- (7) Chemigation (Drip System).
  - (A) Drip system must be filled with water and tested for pressure variation, clogged emitters, and leaks before chemigation. The pressure must not exceed the pressure rating of the drip tape and the pressure variation in the drip tape throughout the field must be less than three pounds per square inch. Drip system must be free of leaks and clogged emitters.
  - (B) After chemigation, the drip system must be flushed with a volume of water at least three times the volume of the mainline and laterals of the drip system.
- (8) Rotary Tiller/Power Mulcher/Soil Capping.
  - (A) Application equipment must be followed immediately by soil compaction equipment.
- (9) Flood.
  - (A) The fumigant must be applied with at least four inches of water per acre.
- (10) 1:00 AM Start/Nontarpaulin/Shallow/Broadcast/Two Post-Fumigation Water Treatments.
  - (A) The fumigation application must start no earlier than 1:00 a.m.
  - (B) Fumigation must be completed in compliance with the post-fumigation water treatments pursuant to subsection (d)(2)(A).
  - (C) The following application equipment and procedures must be used:
    1. The application equipment must meet the following criteria:
      1. The shanks must be set on three application tool bars, with the bars spaced 12 to 16 inches apart from front to back. The shanks must be staggered on each tool bar to produce a final overall shank spacing of 9 to 11 inches.
      2. Injection depth on each shank must be 3 to 4 inches, 6 to 7 inches, and 9 to 10 inches.
      3. Nitrogen must be used to purge the system before applicator bar is lifted out of the ground at any time.
      4. The application tool bars must be followed by a ring roller that is at least as wide as the application tool bars, with four gauge wheels controlled by hydraulic cylinders to control depth and/or pressure; or with a coil packer that is at least as wide as the application tool bars.
- (11) 4:00 AM/ Start/Sprinkler/Broadcast or Bed/Two Post-Fumigation Water Treatments.
  - (A) Notwithstanding (a), in the San Joaquin Valley, Southeast Desert, and Ventura ozone nonattainment areas the broadcast equivalent application rate must not exceed 260 pounds active ingredient per acre for metam-sodium or 290 pounds active ingredient per acre for potassium N-methyldithiocarbamate (metam-potassium).
  - (B) Fumigation must start no earlier than 4:00 a.m.
  - (C) Fumigation must be completed in compliance with post-fumigation water treatments pursuant to (d)(2)(A).
- (12) Drench.
  - (A) Notwithstanding (a), in the Sacramento Metro and South Coast ozone nonattainment areas, broadcast equivalent application rate must not exceed 246 pounds active ingredient per acre for metam-sodium or 270 pounds active ingredient per acre for potassium N-methyldithiocarbamate (metam-potassium). In the San Joaquin Valley, Southeast Desert, and Ventura ozone nonattainment areas, broadcast equivalent application rate must not exceed 90 pounds active ingredient per acre for metam-sodium or 98 pounds active ingredient per acre for potassium N-methyldithiocarbamate (metam-potassium).
  - (B) Fumigation must be completed in compliance with the post-fumigation water treatments pursuant to subsection (d)(2)(A).
(e) Notwithstanding subsection (d), a reduced volatile organic compound emission field fumigation method approved pursuant to section 6452 or a method for experimental research purposes pursuant to a valid research authorization issued according to section 6260 may be allowed.

NOTE: Authority cited: Sections 11456, 12976, 12981, 14005, and 14102, Food and Agricultural Code.

Reference: Sections 11501, 12981, 14006, and 14102, Food and Agricultural Code.

6450.2. Dazomet Field Fumigation Methods.

(a) Fumigations must start no earlier than one hour after sunrise and must be completed no later than one hour before sunset.
(b) The field soil fumigation using dazomet is limited to methods specifically identified in the labeling. In addition to labeling requirements for each identified method, the fumigation must comply with the following.
- (1) Fumigation must be completed in a time that allows compliance with the post-fumigation water treatments below:
  - (A) Water must be applied by an irrigation method that uniformly covers the treated area in the entire application block.
  - (B) On the day of fumigation, the first water treatment must consist of at least 0.20 inches of water, beginning within 30 minutes of the completion of fumigation. A second post-fumigation water treatment must consist of at least 0.20 inches of water applied starting no earlier than one hour prior to sunset on the day of fumigation and completed by midnight.
  - (C) On the day following fumigation, a third post-fumigation water treatment must consist of at least 0.20 inches of water, and must be applied starting no earlier than one hour prior to sunset and completed by midnight.
  - (D) On the second day following fumigation, a fourth post-fumigation water treatment must consist of at least 0.20 inches of water, and must be applied starting no earlier than one hour prior to sunset and completed by midnight.
  - (E) Additional post-fumigation water treatment(s) may be applied at any time provided the treatments required above are completed in the specified time periods.
(c) Notwithstanding subsection (b), a reduced volatile organic compound emission field fumigation method approved pursuant to section 6452 or a method for experimental research purposes pursuant to a valid research authorization issued according to section 6260 may be allowed.

NOTE: Authority cited: Sections 11456, 12976, 12981, 14005, and 14102, Food and Agricultural Code.

Reference: Sections 11501, 12981, 14006, and 14102, Food and Agricultural Code.

6451. Sodium Tetrathiocarbonate Field Fumigation – General Requirements.

The provisions of section 6451.1 apply to field soil fumigation using sodium tetrathiocarbonate within the Sacramento Metro, San Joaquin Valley, South Coast, Southeast Desert, or Ventura ozone nonattainment areas below during the May 1 through October 31 time period. Replant of individual vine or tree-sites (tree holes) less than one contiguous acre, and raised-tarpaulin nursery fumigations of less than one acre, and greenhouses and other similar structures are not considered field soil fumigations under the provisions of section 6451.1.

NOTE: Authority cited: Sections 11456, 12976, 12981, 14005, and 14102, Food and Agricultural Code.

Reference: Sections 11501, 12981, 14006, and 14102, Food and Agricultural Code.

6451.1 Sodium Tetrathiocarbonate Field Fumigation Methods.

(a) The field soil fumigation of sodium tetrathiocarbonate is limited to methods specifically identified in the labeling.
(b) Notwithstanding subsection (a), a reduced volatile organic compound emission field fumigation method approved pursuant to section 6452 or a method for experimental research purposes pursuant to a valid research authorization issued according to section 6260 may be allowed.

NOTE: Authority cited: Sections 11456, 12976, 12981, 14005, and 14102, Food and Agricultural Code.

Reference: Sections 11501, 12981, 14006, and 14102, Food and Agricultural Code.

6452. Reduced Volatile Organic Compound Emissions Field Fumigation Methods.

(a) For the Sacramento Metro and South Coast ozone nonattainment areas, the Director may approve use of a field fumigation method not described in sections 6447.3, 6448.2, 6449.1, 6450.1, 6450.2, and 6451.1 if the request is accompanied by scientific data documenting the volatile organic compound (VOC) emissions. The emission rating specified in section 6881 or the maximum emission rate (emission rating multiplied by the maximum broadcast equivalent application rate) must be no greater than any one of the methods for the same fumigant described in sections 6447.3, 6448.2, 6449.1, 6450.1, 6450.2, and 6451.1.
(b) For the San Joaquin Valley, Southeast Desert, and Ventura ozone nonattainment areas, upon written request, the Director may approve use of a field fumigation method either not described or excluded from use in sections 6447.3, 6448.2, 6449.1, 6450.1, 6450.2, or 6451.1 if the request meets the following criteria:
- (1) The request is accompanied by scientific data documenting the VOC emissions;
  - (A) The emission rating, as specified in section 6881, is no greater than any one of the methods for the same fumigant allowed for use in the San Joaquin Valley, Southeast Desert, and Ventura ozone nonattainment areas as specified in sections 6447.3, 6448.2, 6449.1, 6450.1, 6450.2, or 6451.1, or
  - (B) The maximum emission rate (emission rating multiplied by the maximum broadcast equivalent application rate) is no greater than any one of the methods for the same fumigant allowed for use in the San Joaquin Valley, Southeast Desert, and Ventura ozone nonattainment areas as specified in sections 6447.3, 6448.2, 6449.1, 6450.1, 6450.2, or 6451.1.
(c) Criteria the Director shall consider includes whether:
- (1) the data and information provided are sufficient to estimate emissions;
- (2) the results are valid as indicated by the quality control data; and
- (3) the conditions studied represent agricultural fields fumigated.
(d) The Director shall publish a notice of interim approval for a field fumigation method on the Department’s Web site. The interim approval expires three years after the date of approval.

NOTE: Authority cited: Sections 11456, 12976, 14005 and 14102, Food and Agricultural Code.

Reference: Sections 11501, 14006 and 14102, Food and Agricultural Code.

6452.1 Fumigant Volatile Organic Compound Emission Records and Reporting.

(a) Any person who applies field fumigants shall maintain records of fumigant applications pursuant to section 6624.
(b) Any person who applies field fumigants shall report the information specified in section 6626.

NOTE: Authority cited: Sections 11456, 12976, 14005, and 14102, Food and Agricultural Code.

Reference: Sections 11501, 14006, and 14102.

6452.2 Volatile Organic Compound Emission Limits.

(a) The Director shall establish field fumigant volatile organic compound (VOC) emission limits in the Annual Volatile Organic Compound Emissions Inventory Report issued pursuant to section 6881 for the Sacramento Metro, South Coast, Southeast Desert, and Ventura ozone nonattainment areas where the difference between emissions in the most recent inventory report and the benchmarks for that area is five percent or less of the benchmarks or exceeds the benchmarks listed below during the May 1 through October 31 time period:

Volatile Organic Compound Emission Limits
Ozone Nonattainment Area	Total Agricultural and Structural VOC Emissions Inventory Benchmarks from May 1 to October 31
Sacramento Metro	820,000 lbs. (2.2 tons/day average)
South Coast	3,200,000 lbs. (8.7 tons/day average)
Southeast Desert	340,000 lbs. (0.92 tons/day average)
Ventura	1,100,000 lbs. (3.0 tons/day average)

(1) If a VOC emission limit is in effect pursuant to (a) that limit must remain in effect until the commissioner does not condition permits to include a fumigant emission allowance specified in (c)(1) or (d)(1), and does not deny any permit or notice of intent specified in (c)(2) or (d)(2) in order to comply with the fumigant emission limit for two consecutive years.

(b) The Director shall calculate the field fumigant VOC emission limits specified in (a) by subtracting the nonfumigant pesticide VOC emissions from the total agricultural and structural VOC emissions inventory benchmarks. Nonfumigant pesticide product emissions will be the summation of the pounds of each pesticide product used multiplied by the VOC content (emission potential) for the specific product.
(c) For the Ventura ozone nonattainment area, the commissioner shall ensure that the fumigant limits specified in (a) are not exceeded during the May 1 through October 31 time period using one or more of the following methods for field soil fumigations:
- (1) Condition permit to include fumigant emission allowances.
- (2) Deny any permit or notice of intent that would cause the fumigant limit to be exceeded.
- (3) Condition permit to prohibit or require any of the methods allowed by sections 6447.3(a), 6448.2(d), 6449.1(a), 6450.1(d), or 6452 during the May 1 through October 31 time period.
(d) For ozone nonattainment areas other than Ventura, the Director shall select one or more of the following methods to ensure the fumigant limits specified in (a) are not exceeded during the May 1 through October 31 time period:
- (1) The Director establishes a fumigant emission allowance for each permittee, based on information provided the commissioners within the ozone nonattainment area. The total allowances in each ozone nonattainment area must not exceed the fumigant limit established for that area. Commissioners shall issue permits or amend existing permits to comply with the fumigant emission allowance(s) established by the Director. Commissioners shall deny any notice of intent that does not comply with the permittees’ fumigant emission allowances.
- (2) Commissioners deny any permit or notice of intent that would cause the fumigant limit to be exceeded.
- (3) Commissioners condition permits to prohibit or require any of the methods allowed by sections 6447.3(a), 6448.2(d), 6449.1(a), 6450.1(d), or 6452 during the May 1 through October 31 time period.
(e) No person may apply a field fumigant during the May 1 through October 31 time period in an ozone nonattainment area for which a fumigant emission limit has been established pursuant to (a), unless their restricted material permit includes conditions specified in (c) or (d), or notice of intent is approved in writing.
(f) For the San Joaquin Valley ozone nonattainment area, if the difference between emissions in the most recent emissions inventory report and the 6,700,000 pound (18.1 tons per day) benchmark for this area is five percent or less of the benchmark or exceeds this benchmark during the May 1 through October 31 time period, the provisions of section 6884 shall apply.

6452.3 Field Fumigant Volatile Organic Compound Emission Allowances.

(a) To obtain a field fumigant emission allowance, a permittee shall request an emission allowance by submitting information to the commissioner by a date designated by the commissioner. The information must include but is not limited to the following:
- (1) restricted materials permit number;
- (2) crop;
- (3) number of acres to be fumigated; and
- (4) identification of each site to be fumigated.

NOTE: Authority cited: Sections 11456, 12976, 14005, and 14102, Food and Agricultural Code.

Reference: Sections 11501, 14006, and 14102, Food and Agricultural Code.

Article 5. Use Requirements

6453. Chloropicrin and Methyl Bromide – Nursery and Commodity Fumigation.

(a) When chloropicrin or methyl bromide is used, singly or in combination, to treat nursery potting soils or soil mixes, nursery stock, and other agricultural commodities, appliances, or equipment, it shall be done in a properly sealed fumigation chamber, railroad car, or truck trailer, or under a gas confining tarp approved by the commissioner or director. The commissioner or director may specify the fumigation period. Injection shall be made in a manner that minimizes gas loss.
(b) When chloropicrin or methyl bromide is applied singly or in combination, the commissioner or director may require the treatment site or fumigation chamber to be posted and attended for a specified time after application.

NOTE: Authority cited: Sections 11456, 12976, 12981, 14005 and 14102, Food and Agricultural Code.

Reference: Sections 11501, 12981, 14006 and 14102, Food and Agricultural Code.

6454. Chloropicrin and Methyl Bromide-Structural Fumigation.

This section supplements the methyl bromide fumigation requirements found in the Business and Professions Code and Title 16 of the California Code of Regulations, as well as directions for use given on methyl bromide product labeling.

(a) When fumigating a structure, the fumigator shall ensure that the distance between the fumigated structure and its property line shall meet the following criteria and that no person, other than the fumigation crew, enters the area prescribed in either (1), (2), or (3) below during the treatment period:
- (1)For fumigations utilizing 50 pounds of methyl bromide or less, a distance of at least five (5) feet must exist; or
- (2)For fumigations utilizing more than 50 pounds, but less than 80 pounds, a distance in feet calculated using the following formula must exist: 5 times the total poundage of methyl bromide minus 240 feet; or
- (3)For fumigations utilizing 80 pounds or more, a distance in feet equal to two (2) times the total poundage of methyl bromide applied must exist.
(b) Structures shall be covered with the required tarpaulins or sealed prior to fumigation. The “acceptable” tarpaulin used in fumigations shall be vinyl coated with a minimum weight of seven (7) ounces per square yard (or having a fumigant retention capability equal to or greater than that provided by the seven-ounce weight tarpaulin). The vinyl coating shall not be worn, cracked, abraded, or similarly damaged to the extent that any of the underlying fabric shows through the vinyl coating.
(c) All cuts, tears, holes, or similar damage to tarpaulins shall be repaired prior to introduction of the fumigant. Temporary repairs to damaged tarpaulins shall be made with vinyl coated self-adhesive tape, or the damaged area of the tarpaulin may be rolled and clipped so the tarpaulin’s fumigant gas retention capability is maintained.

(d) Fumigators shall use the fumigant retention method specified in the table below for the application rate and poundage combinations utilized in the fumigation:

Chloropicrin and Methyl Bromide-Structural Fumigation
Methyl Bromide Application Rate Per 1,000 Cubic Feet of Structure	Total Pounds of Methyl Bromide Applied in a 24-hour Period	Fumigant Retention Method
Up to 0.5 pounds	Not more than 20 pounds —————————- More than 20 pounds, but less than 1,000 pounds	“acceptable” tarpaulin ——————————— “acceptable” tarpaulin, or if the structure is a concrete tilt-up, seal with vinyl coated self-adhesive tape
More than 0.5 pounds Up to 1.5 pounds	Not more than 50 pounds —————————– More than 50 pounds, but less than 1,000 pounds	“acceptable” tarpaulin and a side drape of either: (1) an “acceptable” tarpaulin or (2) an unused 4-mil disposable polyethylene sheet ———————————- “acceptable” tarpaulin, or if the structure is a concrete tilt-up, seal with vinyl coated self-adhesive tape
More than 1.5 pounds Up to 3.0 pounds	Not more than 50 pounds —————————– More than 50 pounds, but less than 1,000 pounds	“acceptable” tarpaulin and a side drape of one unused 4-mil disposable polyethylene sheet ——————————— “acceptable” tarpaulin, or if the structure is a concrete tilt-up, seal with vinyl coated self-adhesive tape

(e) When tarpaulins are used, all sides of the structure shall be draped to the ground. Sand snakes, water snakes, or similar weights shall be used to seal the base of the tarpaulins to the ground. Prior to the placement of these snakes or weights, the soil adjacent to the structure foundation shall be thoroughly watered.
(f) Chloropicrin shall be used as a warning agent when fumigating a structure unless specifically prohibited by regulations or product labeling.
(g) A fan shall be used to disperse chloropicrin and methyl bromide within the structure. Chloropicrin shall be released into the airstream of the fan when it is introduced (either by itself or in combination with methyl bromide).
(h) Aeration of the fumigated structure shall not begin earlier than one hour after sunrise or later than one hour before sunset. The sunrise and sunset times published in the local newspaper shall be used to establish aeration timing.
(i) Following treatment, the fumigated structure shall be aerated through convection tubing or ducting. Except as provided in subsection (j), the convection tubing or ducting outlet shall be located above the highest point of the roof as follows:
- (1) Six (6) feet for fumigations utilizing 50 pounds of methyl bromide or less; or
- (2) Ten (10) feet for fumigations utilizing more than 50 pounds of methyl bromide.

(j) If any nearby structure is taller than the fumigated structure and the distance between the structures is equal to or less than the distance indicated in the following table, the convection tubing or ducting outlet shall be located as high as the top of the roof of the tallest structure.

Total Pounds of Methyl Bromide Applied
Total Pounds of Methyl Bromide Applied	Convective Tubing or Ducting Outlet Must Be As High As the Tallest Structure Within:
1 – 14	50 ft.
15 – 24	75 ft.
25 – 32	100 ft.
33 – 40	125 ft.
41 – 50	150 ft.
51 – 60	175 ft.
61 – 99	200 ft.
100-1,000	A distance in footage equal to 2 times the pounds of methyl bromide used

(k) When aerating a fumigated structure, a licensed Branch 1 operator or field representative shall ensure, from the initiation of the aeration procedure to completion of the steps described in (n) of this section, that persons not involved in the aeration process do not come within:
- (1) Ten (10) feet of the fumigated structure, for fumigations utilizing 50 pounds of methyl bromide or less; or
- (2) For fumigations utilizing more than 50 pounds but less than 80 pounds, a distance in feet calculated using the following formula must exist: 5 times the total poundage of methyl bromide minus 240 feet; or
- (3) The number of feet equaling two (2) times the pounds of methyl bromide used for fumigations utilizing more than 80 pounds.
(l) Exhaust fans and convection tubing or ducting may be installed prior to aeration or when covering the structure with tarpaulins in preparation for fumigation. The exhaust fans, convection tubing, and installation of the fans and tubing shall meet the following requirements:
- (1) Each exhaust fan shall have a capacity of at least 5,000 cubic feet per minute (cfm).
- (2) Convection tubing or ducting shall be large enough to fit over the exhaust fan housing and shall be securely attached to the housing prior to aeration.
- (3) Exhaust fans and convection tubing shall be installed in a manner which does not present a hazard to workers and the public.
(m) If exhaust fans and convection tubing or ducting are installed after the fumigation has begun, the installer shall wear self-contained breathing apparatus (SCBA) respiratory protection.
(n) The methyl bromide concentration shall be measured at the approximate center of the structure with a Fumiscope®, or similar instrument, that shall be located outside of the fumigated structure. (An instrument similar to a Fumiscope® may be used provided it can measure methyl bromide concentrations at the one ounce per 1,000 cubic feet [250 ppm] level.) Without entering the structure, the fumigator shall collect the methyl bromide sample for measurement through the use of tubing or ducting placed inside the structure and connected to the analytical instrument prior to the initiation of fumigation. The structure shall be aerated until the methyl bromide concentration has been reduced to 250 ppm or less (250 ppm is about one ounce per thousand cubic feet) while following the requirements listed below:
- (1) If the fumigated structure’s windows were left open during the fumigation, the structure shall be aerated through convection tubing or ducting until the methyl bromide concentration is 250 ppm or less with the tarpaulins left in place; or
- (2) If the fumigated structure’s windows were closed during the fumigation: (A)The space between the fumigated structure and the tarpaulin shall be aerated prior to tarpaulin removal through convection tubing or ducting. (B) After the tarpaulins are removed, the fumigated structure shall be aerated through convection tubing or ducting until the methyl bromide concentration is 250 ppm or less.

NOTE: Authority cited: Sections 11456, 12976, 12981, 14005, and 14102, Food and Agricultural Code.

Reference: : Sections 11501, 12981, 14006, and 14102, Food and Agricultural Code.

6455. Sulfuryl Fluoride-Structural Fumigation, Aeration, and Reentry. [Repealed]

NOTE: Authority: Sections 12976, 12981, 14005, 14102 and 15203, Food and Agricultural Code.

Reference: Sections 11501, 12981, 14006 and 14102, Food and Agricultural Code.

6456. Sodium Arsenite. [Repealed]

NOTE: Authority cited: Sections 407, 12976, 12981, 14005 and 14102, Food and Agricultural Code.

Reference: Sections 11501, 12981, 14006 and 14102, Food and Agricultural Code.

6457. Bentazon (Basagran).

In addition to the restrictions specified in sections 6487.1, 6487.2, 6487.3, and 6487.4, the following restrictions apply for agricultural, outdoor institutional, and outdoor industrial uses of bentazon for the purpose of groundwater protection:

(a) Bentazon shall not be applied in Del Norte or Humboldt Counties.
(b) Bentazon shall not be used in the production of rice.

NOTE: Authority cited: Sections 11456, 12976, 13145, 14005 and 14006, Food and Agricultural Code.

Reference: Sections 13145, 13150 and 14006, Food and Agricultural Code.

6458. Aldicarb.

(a) The amount of pesticides containing aldicarb that may be applied to the following crops shall not exceed:

Aldicarb
Crop	Stage of Growth of Crop	Pounds of 15G/ Acre/Application	Ounces 15G/1000 Feet of Row
(1) Cotton	At Planting At First Squaring From Squaring through Early Bloom (Do not exceed a total of 21 pounds per acre)	7 14 14	40″ row spacing 8.5 17 17
(2) Potatoes	At Planting After Planting	14 or 14	34″ row spacing 14.5 14.5
(3) Sugar beets	At Planting or Within One Week before Planting Postemergence (Do not exceed a total of 28 pounds per acre)	14 14	22″ row spacing 9.5 9.5
(4) Dried Beans		7	22-48″ row spacing 7.5
(5) Citrus		33	N/A
(6) Ornamentals (Do not exceed 50 pounds per acre per year)		50	20 or Pounds of 10G/1000 Linear Feet 42″ row spacing 4

(b) Pesticides containing aldicarb shall not be applied to cotton, potatoes, sugar beets, dried beans, citrus, or field-grown ornamentals from September 1 to March 1 of each year.

NOTE: Authority cited: Sections 12781 and 12976, Food and Agricultural Code.

Reference: Sections 12976 and 13150, Food and Agricultural Code.

6460. Drift Control.

Unless expressly authorized by permit issued pursuant to section 6412, no liquid Dicamba, 2,4-dichlorophenoxyacetic acid, 2,4-dichlorophenoxybutyric acid, 2,4-diclorophenoxypropionic acid, 2-methyl-4-chlorophenoxyacetic acid, or Propanil herbicide shall be:

(a) Discharged more than ten feet above the crop or target. Discharge shall be shut off whenever it is necessary to raise the equipment over obstacles such as trees or poles.
(b) Applied when wind velocity is more than ten miles per hour.
(c) Applied by aircraft except as follows:
- (1) The flow of liquid to aircraft nozzles shall be controlled by a positive shutoff system as follows:
  - (A) Each individual nozzle shall be equipped with a check valve and the flow controlled by a suckback device or a boom pressure release device; or
  - (B) Each individual nozzle shall be equipped with a positive action valve.
- (2) Aircraft nozzles shall not be equipped with any device or mechanism which would cause a sheet, cone, fan, or similar type dispersion of the discharged material except as otherwise provided.
- (3) Aircraft boom pressure shall not exceed 40 pounds per square inch.
- (4) Aircraft nozzles shall be equipped with orifices directed backward parallel to the horizontal axis of the aircraft in flight.
- (5) Fixed wing aircraft and helicopters operating in excess of 60 miles per hour shall be equipped with jet nozzles having an orifice of not less than one-sixteenth of an inch in diameter.
- (6) Helicopters operating at 60 miles per hour or less shall be equipped with:
  - (A) Nozzles having an orifice not less than one-sixteenth of an inch in diameter. A number 46 (or equivalent) or larger whirlplate may be used; or
  - (B) Fan nozzles with a fan angle number not larger than 80 degrees and a flow rate not less than one gallon per minute at 40 pounds per square inch pressure (or equivalent); or
  - (C) The Microfoil (R) boom (a coordinated spray system including airfoil-shaped nozzles with each orifice not less than 0.013 inches in diameter) or equivalent type approved by the director. Orifices shall be directed backward parallel to the horizontal axis of the aircraft in flight.
(d) Applied by ground equipment except as follows:
- (1) Ground equipment other than handguns shall be equipped with:
  - (A) Nozzles having an orifice not less than one-sixteenth of an inch in diameter or equivalent, and operated at a boom pressure not to exceed 30 pounds per square inch; or
  - (B) Low pressure fan nozzles with a fan angle number not larger than 80 degrees and fan nozzle orifice not smaller than 0.2 gallon per minute flow rate or equivalent, and operated at a boom pressure not to exceed 15 pounds per square inch.

NOTE: Authority cited: Sections 11456, 12781, 12972, 12976, 14001, 14005 and 14102, Food and Agricultural Code.

Reference: Sections 11501, 14006, 14033 and 14102, Food and Agricultural Code.

6462. Propanil.

The provisions of this section apply to propanil used in Butte, Colusa, Glenn, Placer, and Yuba counties; the portion of Sutter County situated north of Sankey Road; and the portion of Yolo County situated north of State Highway 16.

(a) No emulsifiable concentrate formulation shall be applied.
(b) Applications using aircraft shall be made in accordance with the following requirements:
- (1) Aerial applications shall not be made within four miles of cultivated commercial plantings of prunes.
- (2) No more than 720 acres may be treated by aircraft within each county per day.
- (3) Each operating aircraft nozzle shall produce a droplet size, in accordance with the manufacturer’s specifications, not less than 600 microns volume median diameter (Dv0.5) with not more than ten percent of the diameter by volume (Dv0.1) less than 200 microns.
(c) Notwithstanding (b)(1), the Butte county agricultural commissioner may allow the California Rice Research Station to make aerial applications within four miles of cultivated commercial plantings of prunes according to a work plan submitted to and approved by the Butte county agricultural commissioner. The work plan shall include: the largest individual site that may be treated per application; total acres that may be treated per day which shall not exceed 45 acres; the minimum distance that must be maintained from cultivated commercial plantings of prunes and the application site; and any additional procedures to protect cultivated commercial plantings of prunes within four miles of the application site.
(d) Applications using ground equipment shall be made in accordance with the following requirements:
- (1) Ground applications shall not be made within one mile of cultivated commercial plantings of prunes, except as provided in (A) and (B) below.
  - (A) The commissioner may allow applications to be made to sites not less than one-half mile from cultivated commercial plantings of prunes if the following requirements are met:
    1. Prior to the application, the operator of the property shall provide to the commissioner a recommendation written by a licensed pest control adviser stating there are no other feasible pest management alternatives;
    2. Onsite monitoring of wind speed and wind direction shall be conducted by the applicator in a manner approved by the commissioner throughout the entire application. A record of recorded data shall be retained for one year; and
    3. A positive airflow away from cultivated commercial plantings of prunes is present throughout the entire application.
  - (B) The commissioner may allow applications to be made to sites less than one-half mile from cultivated commercial plantings of prunes when the following requirements are met in addition to the requirements of (A):
    1. The commissioner shall provide onsite monitoring of all applications.
    2. The commissioner shall provide for notice to, and opportunity to comment by, any owner of cultivated commercial plantings of prunes within one-half mile of the application.
- (2) Each operating nozzle shall produce a droplet size, in accordance with the manufacturer’s specifications, not less than 500 microns volume median diameter (Dv0.5) with not more than ten percent of the diameter by volume (Dv0.1) less than 200 microns.

NOTE: Authority cited: Sections 11456, 12781, 14001, 14005, and 14102, Food and Agricultural Code.

Reference: Sections 14006 and 14007, Food and Agricultural Code.

6464. Phenoxy and Certain Other Herbicides.

(a) The provisions of this subsection apply to Dicamba, 2,4-dichlorophenoxyacetic acid, 2,4-dichlorophenoxybutyric acid, 2,4-dichlorophenoxypropionic acid, 2-methyl-4-chlorophenoxyacetic acid, and Propanil herbicides when used in the Central Valley below one thousand feet elevation during the period beginning March 16 and continuing through October 15 of each calendar year. The boundary of this area through the Sacramento-San Joaquin Delta where the elevation does not reach 1,000 feet is as follows: Commencing from the point where Bailey Road intersects 1,000 feet elevation in Contra Costa County, thence north along Bailey Road to its intersection with Highway 4, thence west along Highway 4 to its intersection with Highway 680, thence north along Highway 680 to its intersection with Highway 80, thence northeast along Highway 80 to its intersection with Highway 505, thence north along Highway 505 to its intersection with the Solano-Yolo County line, thence west along the Solano-Yolo County line to its intersection with 1,000 feet elevation.
- (1) A smoke column or other device satisfactory to the commissioner shall be employed at the time and place of air applications to indicate to the pilot of the aircraft temperature inversions and the direction and velocity of the air flow; and
- (2) Unless expressly authorized by permit no herbicide in an ester form shall be applied.
(b) The requirements of the subsection apply to Dicamba, 2,4-dichlorophenoxyacetic acid, 2,4-dichlorophenoxybutyric acid, 2,4-dichlorophenoxypropionic acid, 2-methyl-4-chlorophenoxyacetic acid, and Propanil herbicides during the period beginning March 16 and continuing through October 15 of each calendar year when used in the following areas.
- (1) That portion of Sacramento County bounded by a line beginning at the junction of the Mokelumne River and Georgianna Slough; thence in a northerly direction following the meanderings of the Georgianna Slough to its junction with the Sacramento River near Walnut Grove; thence northwesterly along the Sacramento River to the junction of the north end of Randall Island and the north end of Snodgrass Slough; thence southeasterly along Snodgrass Slough to a point 1.0 miles due north of Lambert Road (first Standard Parallel north) which is the common boundary line between Section 27 and 34, T6N-R4E; thence due east along said line to its intersection with the Southern Pacific Railroad tracks; thence southerly along the Southern Pacific Railroad tracks to its intersection with Lambert Road (first Standard Parallel north); thence easterly along Lambert Road to its intersection with Franklin Boulevard, then southerly along Franklin Boulevard to its intersection with Twin Cities Road; thence easterly along Twin Cities Road to its intersection with the Southern Pacific Railroad Tracks (Amador Branch); thence northeasterly along said tracks to their intersection with the first Standard Parallel north; thence easterly along the first Standard Parallel north to its intersection with the Sacramento-Amador County line; thence southerly along the Sacramento-Amador County line to its junction with the Sacramento-Amador-San Joaquin County lines; thence westerly along the Sacramento-San Joaquin County line to the point of beginning.
- (2) All of Madera County west and south of a line beginning at the east boundary of Range 17 east and the Madera County-Merced County boundary line; thence south to the northwest corner of Section 30, Township 9 South, Range 18 east; thence east to the northeast corner of Section 28, Township 9 south, Range 18 east; thence south to the intersection of the Madera Canal in the northeast 1/4 of Section 9, Township 10 south, Range 18 east; thence southeasterly along the Madera Canal to the northeast corner of Section 1, Township 11 south, Range 19 east; thence east along the north boundary line of Township 11 south, to the Madera County-Fresno County boundary line.
- (3) All of Fresno County lying west of a line beginning at Friant Dam and continuing southeasterly along the Friant-Kern Canal its point of intersection with the north boundary of Section 29, Township 13 south, Range 23 east; thence due east along said boundary line projected to its intersection with the east boundary of Township 13 south, Range 24 east; thence south along said east boundary of Township 13 south, Range 24 east and continuing south along the east boundary of Township 14 south, Range 24 east to the county boundary line.
- (4) All of Kings County.
- (5) All of Tulare County lying west of a line drawn southeasterly from the northwest corner of Township 15 south, Range 25 east on the Fresno-Tulare County line to the southeast corner of Township 17 south, Range 27 east; thence due south along said east boundary of Range 27 east to the Kern County boundary line.
- (6) Those portions of Kern County described as follows: (A) All of Kern County lying west of a line commencing at a point on Tulare-Kern County line at the northwest corner of Section 6, Township 25 south, Range 31 east; thence south along the west boundary of Range 31 east to the south boundary of Township 32 south, Range 31 east; thence continuing due south to the Los Angeles County line. (B) Rosamond Area. Includes all of Township 9 north, Range 14 west, Township 9 north, Range 13 west, and Township 9 north, and Range 12 west.
- (7) A permit authorizing use shall show the application site(s) for which it is valid, except that a permit need not show the application site(s) if a notice of intent to apply pesticide is required to be filed previous to any application. The commissioner may require that any application be made only under his direct supervision.
- (8) No application shall be made on any area situated within two miles of any cultivated commercial vineyard or cotton planting belonging to any person other than the owner of the property being treated unless there is a continuous air flow away from such planting, but in no case shall any application be made within one-half mile of such plantings.
- (9) No application shall be made by aircraft, nor shall aircraft be loaded except as follows:
  - (A) Within Sacramento County;
  - (B) During the period beginning March 16 and continuing through March 31 within the counties of Fresno, Kern, Kings, and Tulare.
- (10) The provisions of paragraphs (8) and (9) shall not apply to Dicamba or Propanil herbicides.
(c) The provisions of this subsection apply to Dicamba, 2,4-dichlorophenoxyacetic acid, 2-4-dichlorophenoxybutyric acid, 2,4-dichlorophenoxypropionic acid, 2-methyl-4-chlorophenoxyacetic acid, or Propanil herbicides during the period beginning March 16 and continuing through October 15 of each calendar year when used in that portion of San Joaquin County bounded by a line beginning at the intersection of Sacramento, San Joaquin and Amador Counties; thence southerly along the San Joaquin County line to State Highway 88; thence southwesterly along Highway 88 to its intersection with State Highway 12; thence westerly along Highway 12 and 88 to the intersection of Clements Road to its intersection with an imaginary easterly extension of Eight Mile Road from its junction with the Calaveras River; thence west along this extension to Eight Mile Road; then west along Eight Mile Road to Thornton Road; thence south on Thornton Road to its intersection with Disappointment Slough; thence westerly along Disappointment Slough to the southeast corner of Bishop Tract; thence westerly along the southern edges of Bishop Tract, King Island, and Empire Tract; thence northerly along the west edge of Empire Tract to the southeast corner of Bouldin Island; thence along the southern and western edges of Bouldin Island to the intersection of San Joaquin, Contra Costa, and Sacramento Counties; thence northerly and easterly along the San Joaquin-Sacramento County line to the point of beginning.
- (1) No application shall be made when wind velocity is less than two miles per hour or greater than seven miles per hour;
- (2) No herbicide in an ester form shall be applied.
- (3) A permit authorizing use shall show the application site(s) for which it is valid, except that a permit need not show the application site(s) if a notice of intent to apply pesticides is required to be filed previous to any application.
- (4) No application shall be made on any area situated within two miles of any cultivated commercial vineyard belonging to any person other than the owner of the property being treated that existed prior to May 1, 1978.
- (5) no application shall be made by aircraft; nor shall aircraft be loaded except as follows:
  - (A) Within that portion of San Joaquin County described as the entire areas of Empire Tract, King Island, Bishop Tract, and Rio Blanco Tract, the eastern boundary line of which begins on Atherton Levee Road at the confluence of Disappointment Slough and the dredger cut, located approximately one-half mile west of Interstate Highway 5 Pixley Slough Bridge 29-200 L; and thence running northerly along the State of California borrow pit to its meeting with the easterly end of White Slough subject to the following restrictions:
    1. The commissioner may require that all applications be made under the direct supervision of the commissioner’s representative.
  - (B) Within the entire area of Staten Island and Bouldin Island subject to the following restrictions:
    1. The commissioner may require that all applications be made under the direct supervision of the commissioner’s representative;
    2. A drift reducing agent shall be added to the spray mixture;
    3. Only one aircraft shall spray at a given time on each of the two islands.
- (6) The provisions of subsections (4) and (5) shall not apply to Propanil herbicides.

NOTE: Authority cited: Sections 11456, 12976, 12981, 14005 and 14102, Food and Agricultural Code.

Reference: Sections 11501, 12981, 14006, and 14102, Food and Agricultural Code.

6466. Paraquat.

The aerial application of paraquat for preplant or preemergence weed control shall be made only in accordance with the following restrictions:

(a) Jet nozzles having an orifice of not less than one-sixteenth of an inch in diameter shall be used with such orifices directed backward parallel to the horizontal axis of the aircraft in flight. A number 46 (or equivalent) or larger whirlplate may be used.
(b) Boom pressure shall not exceed 40 pounds per square inch.
(c) Spray material shall not be discharged at a height of more than ten (10) feet above the crop or target.
(d) Wind velocity shall not exceed 10 miles per hour.

NOTE: Authority cited: Sections 11456, 12976, 12981, 14005 and 14102, Food and Agricultural Code.

Reference: Sections 11501, 12981, 14006 and 14102, Food and Agricultural Code.

6467. Folpet. [Repealed]

NOTE: Authority cited: Sections 407, 12976, 12981 and 14006, Food and Agricultural Code.

Reference: Sections 11501, 12981 and 14006, Food and Agricultural Code.

6468. 1,3-Dichloropropene and Ethylene Dibromide. [Repealed]

NOTE: Authority cited: Sections 407, 12976, 12981, 14005 and 14102, Food and Agricultural Code.

Reference: Sections 11501, 12981, 14006 and 14102, Food and Agricultural Code.

6469. Propargite (Omite, Comite). [Repealed]

NOTE: Authority cited: Sections 407, 12976, 12981 and 14005, Food and Agricultural Code.

Reference: Sections 11501, 12981 and 14006, Food and Agricultural Code.

6470. Cotton Harvest Aids.

S,S,S-tributyl phosphorotrithioate (DEF), tributyl phosphorotrithioite (Folex), or paraquat when used as cotton harvest aids, singly or in combination, shall be used only in accordance with the following restrictions:

(a)(1) A closed system shall be used for all mixing and transfers conducted by an employee.
- (2) Paraquat applications shall not be made within one-eighth of a mile of any school or any area zoned as residential where people are actually residing or other inhabited residential area designated by the commissioner.
- (3) DEF or Folex applications shall not be made within one-half mile of any area zoned as residential where people are actually residing or other inhabited residential area designated by the commissioner or any school in session or due to be in session within 24 hours.
- (4) DEF or Folex applications shall not in any case be made within one-eighth of a mile of any school.
(b)(1) Jet nozzles having an orifice of not less than one-sixteenth of an inch in diameter shall be used on aircraft with such orifices directed backward parallel to the horizontal axis of the aircraft in flight. A number 46 (or equivalent) or larger whirlplate may be used.
- (2) Aircraft nozzles shall not be equipped with any device or mechanism which would cause a sheet, fan, cone, or similar type dispersion of the discharged material.
- (3) Aircraft boom pressure shall not exceed 40 pounds per square inch.
- (4) These cotton harvest aids shall be applied by aircraft only in combination with a viscoelastic thickening agent or other drift control agent approved as effective for such purposes by the Director of the Department of Food and Agriculture.
- (5) Except for the requirements of paragraph (4), this subsection does not apply to helicopters equipped with a Microfoil (R) boom operated at air speeds below 60 miles per hour.
(c) Air carrier ground equipment shall not be used to apply DEF or Folex.

NOTE: Authority cited: Sections 11456, 12976, 12981, 14005, and 14102, Food and Agricultural Code.

Reference: Sections 11501, 12981, 14006, and 14102, Food and Agricultural Code.

6471. Brodifacoum, Bromadiolone, Difenacoum, and Difethialone

This section supplements the label restrictions on the use of brodifacoum, bromadiolone, difenacoum, and difethialone.

(a) It is prohibited to place any above ground bait more than 50 feet from a man-made structure unless there is a feature associated with the site that is harboring or attracting the pests targeted on the label between the 50-foot limit and the placement limit specified on the label.

NOTE: Authority Cited: Sections 11456, 11502, 12781, 12976, 14005, and 14102, Food and Agricultural Code.

Reference: Sections 11501, 14006, and 14102, Food and Agricultural Code.

6472. Ethylene Dichloride. [Repealed]

NOTE: Authority cited: Sections 407, 12976, 12981, 14005 and 14102, Food and Agricultural Code.

Reference: Sections 11501, 12981, 14006 and 14102, Food and Agricultural Code.

6473. Bromoxynil. [Repealed]

NOTE: Authority cited: Sections 407, 12976, 12981 and 14005, Food and Agricultural Code.

Reference: Sections 11501, 12981 and 14006, Food and Agricultural Code.

6474. Carbofuran.

Carbofuran (Furadan) shall not be applied to alfalfa located within one mile of nesting geese, widgeon or coots or to areas where repeated feeding of these waterfowl is known to occur.

NOTE: Authority cited: Sections 11456, 12976, 12981, 14005 and 14102, Food and Agricultural Code.

Reference: Sections 11501, 12981, 14006 and 14102, Food and Agricultural Code.

6476. Fenamiphos.

The following restrictions apply to all turf uses of fenamiphos (Nemacur).

(a) Fenamiphos shall not be used to treat residential or institutional lawns or public recreation areas other than golf courses.
(b) Fenamiphos shall not be applied with a knapsack or similar equipment that is placed on the applicator’s body.
(c) Fenamiphos shall be watered in immediately after it is applied with a minimum of one-half inch of water. Such water shall not be allowed to run off the treated area.
(d) Unprotected persons shall be kept out of areas being treated with fenamiphos until 24 hours after watering, as specified in subsection (c), is completed.

NOTE: Authority cited: Sections 11456, 12976, 12981, 14005 and 14102, Food and Agricultural Code.

Reference: Sections 11501, 12981, 14006 and 14102, Food and Agricultural Code.

6480. 2,4-Dichlorophenyl P-Nitrophenyl Ether. [Repealed]

NOTE: Authority cited: Sections 407, 12976, 12981, 14005 and 14102, Food and Agricultural Code.

Reference: Sections 11501, 12981, 14006 and 14102, Food and Agricultural Code.

6482. Oxydemeton-Methyl (Metasystox-R). [Repealed]

NOTE: Authority cited: Sections 407 and 14005, Food and Agricultural Code.

Reference: Sections 14005 and 14006, Food and Agricultural Code.

6484. Bentazon (Basagran). [Repealed]

NOTE: Authority cited: Sections 407 and 14005, Food and Agricultural Code.

Reference: Sections 14005 and 14006, Food and Agricultural Code.

6486. Atrazine. [Repealed]

NOTE: Authority cited: Sections 407, 13145, 14005 and 14006, Food and Agricultural Code.

Reference: Sections 13145, 13150 and 14006, Food and Agricultural Code.

6486.1. Atrazine. [Repealed]

NOTE: Authority cited: Sections 11456, 12976, 13145, 14005 and 14006, Food and Agricultural Code.

Reference: Sections 13145, 13150 and 14006, Food and Agricultural Code.

6486.2. Simazine. [Repealed]

NOTE: Authority cited: Sections 11456, 12976, 13145, 14005 and 14006, Food and Agricultural Code.

Reference: Sections 13145, 13150 and 14006, Food and Agricultural Code.

6486.3. Bromacil. [Repealed]

NOTE: Authority cited: Sections 11456, 12976, 13145, 14005 and 14006, Food and Agricultural Code.

Reference: Sections 13145, 13150 and 14006, Food and Agricultural Code.

6486.4. Diuron. [Repealed]

NOTE: Authority cited: Sections 11456, 12976, 13145, 14005 and 14006, Food and Agricultural Code.

Reference: Sections 13145, 13150 and 14006, Food and Agricultural Code.

6486.5. Prometon. [Repealed]

NOTE: Authority cited: Sections 11456, 12976, 13145, 14005 and 14006, Food and Agricultural Code.

Reference: Sections 13145, 13150 and 14006, Food and Agricultural Code.

6486.7. Azinphos-methyl. [Repealed]

NOTE: Authority cited: Sections 12981 and 14005, Food and Agricultural Code.

Reference: Sections 12980, 12981, 14001 and 14006, Food and Agricultural Code.

6486.8. Norflurazon. [Repealed]

NOTE: Authority cited: Sections 12976, 13145, 14005 and 14006, Food and Agricultural Code.

Reference: Sections 13145, 13150 and 14006, Food and Agricultural Code.

6487.1. Artificial Recharge Basins

Use of pesticides registered for agricultural, outdoor industrial, and outdoor institutional use containing chemicals listed in section 6800(a) shall be prohibited below the high water line inside artificial recharge basins, unless the pesticide is applied six months or more before the basin is used to recharge groundwater.

NOTE: Authority cited: Sections 11456, 12976, 13145, and 14102, Food and Agricultural Code.

Reference: Sections 13145, 13150, and 14102, Food and Agricultural Code.

6487.2. Inside Canal and Ditch Banks.

Use of pesticides registered for agricultural, outdoor industrial, and outdoor institutional use containing chemicals listed in section 6800(a) shall be prohibited below the high water line inside unlined canals and ditches, unless at least one of the following applies:

(a) the pesticide user can document that the percolation rate of the canal or ditch is equal to or less than 0.2 inches per hour (0.002 gallons per minute per square foot); or
(b) the pesticide is applied six months before water is run in the canal or ditch.

NOTE: Authority cited: Sections 11456, 12976, 13145, and 14102, Food and Agricultural Code.

Reference: Sections 13145, 13150, and 14102, Food and Agricultural Code.

6487.3. Engineered Rights-of-Way Within Groundwater Protection Areas.

Use of pesticides registered for agricultural, outdoor industrial, and outdoor institutional use containing chemicals listed in section 6800(a) shall be prohibited on engineered rights-of-way in leaching or runoff Groundwater Protection areas unless one of the following management options can be met and is designated by the commissioner on the permit:

(a) The property operator complies with section 6487.4; or
(b) Any runoff from the treated right-of-way shall pass through a noncrop fully vegetated area adjacent, and equal in area, to the treated area, or spread out onto an adjacent unenclosed fallow field that is at least 300 feet long and that will not be irrigated for six months following application, with full consideration of any plantback restrictions; or
(c) The property operator complies with any permit issued pursuant to the storm water provisions of the federal Clean Water Act pertaining to the treated area; or
(d) An alternative management practice or pesticide approved by the Director as follows:
- (1) Upon written request, the Director may evaluate and approve use of management practices that are based on scientific data demonstrating their effectiveness in reducing movement of pesticides to groundwater; or
- (2) Upon written request, the Director may make a determination to allow the interim use of a pesticide containing a chemical listed in section 6800(a) on an engineered right-of-way within a Groundwater Protection area, for a period not to exceed three years. The Director’s determination shall be based on evidence that the available management practices are not feasible for a specific crop or site, and that there are no feasible alternatives for the specific crop or site. The formal request shall include a study protocol(s) that is acceptable to the Director to develop feasible alternatives or alternate management practices. The study protocol shall include a description of the objective, personnel, study plan, sampling methods including number of samples to be analyzed, data analysis, chemical analytical methods including appropriate quality control, timetable, and references, if any. The requestor shall submit a written progress report every six months. If the progress report does not support the submitted study protocol(s), or if a report is not submitted, the Director may rescind the determination to allow the use of the pesticide within a Groundwater Protection area.
- (3) The Director will issue a public notice stating the reasons interim use has been approved under (1) or (2). The notice will be posted on the Department’s Web site.

NOTE: Authority cited: Sections 11456, 12976, 13145, and 14102, Food and Agricultural Code.

Reference: Sections 13145, 13150, and 14102, Food and Agricultural Code.

6487.4. Runoff Groundwater Protection Areas.

Except as provided in sections 6487.1, 6487.2, and 6487.3, use of pesticides registered for agricultural, outdoor industrial, and outdoor institutional use containing chemicals listed in section 6800(a) shall be prohibited in runoff Groundwater Protection areas unless one of the following management practices can be met and is designated by the commissioner on the permit. The management practice identified in (b), “Incorporation of the pesticide,” does not apply to bentazon.

(a) Soil disturbance. Within seven days before the pesticide is applied, the soil to be treated shall be disturbed by using a disc, harrow, rotary tiller, or other mechanical method. This subsection does not apply to bentazon, and does not apply to the area to be treated that is immediately adjacent to the crop row and that does not exceed 33 percent of the distance between crop rows; or
(b) Incorporation of the pesticide. Within 48 hours after the day the pesticide is applied, the pesticide shall be incorporated on at least 90 percent of the area treated; using a disc, harrow, rotary tiller, or other mechanical method, or by sprinkler or low flow irrigation, including chemigation if allowed by the label, using a minimum of ¼ inch of irrigation water and a maximum of either one inch or the maximum amount of irrigation water specified on the label, at application rates that do not cause surface water runoff from the treated property or to wells on the treated property. This subsection does not apply to bentazon, and does not apply to the area treated with other pesticides listed in section 6800(a) that is immediately adjacent to the crop row and that does not exceed 33 percent of the distance between crop rows; or
(c) Band treatment. The pesticide shall be applied as a band treatment immediately adjacent to the crop row so that not more than 33 percent of the distance between rows is treated; or
(d) Timing of application. The pesticide shall be applied between April 1 and July 31; or
(e) Retention of runoff on field. For six months following the application, the field shall be designed, by berms, levees, or nondraining circulation systems, to retain all irrigation runoff and all precipitation on, and drainage through, the field. The retention area on the field shall not have a percolation rate of more than 0.2 inches per hour (5 inches per 24 hours); or
(f) Retention of runoff in a holding area off the field. For six months following the application, all runoff shall be channeled to a holding area off the application site, under the control of the property operator, that is designed to retain all irrigation runoff and all precipitation on, and drainage through, the treated field and all other areas draining into that holding area. The holding area shall not have a percolation rate of more than 0.2 inches per hour (5 inches per 24 hours); or
(g) Runoff onto a fallow field. For six months following application, runoff shall be managed so that it runs off onto an adjacent unenclosed fallow field at least 300 feet long that is not irrigated for six months after application, with full consideration of any plant back restrictions; or
(h) An alternative management practice or pesticide approved by the Director as follows:
- (1) Upon written request, the Director may evaluate and approve use of alternative management practices that are based on scientific data demonstrating their effectiveness in reducing movement of pesticides to groundwater; or
- (2) Upon written request, the Director may make a determination to allow the interim use of a pesticide containing a chemical listed in section 6800(a) within a runoff Groundwater Protection area, for a period not to exceed three years. The Director’s determination shall be based on evidence that the available management practices are not feasible for a specific crop or site, and that there are no feasible alternatives for the specific crop or site. The formal request shall include a study protocol(s) that is acceptable to the Director to develop feasible alternatives or alternate mitigation measures. The study protocol shall include a description of the objective, personnel, study plan, sampling methods including number of samples to be analyzed, data analysis, chemical analytical methods including appropriate quality control, timetable, and references, if any. The requester shall submit a written progress report every six months. If the progress report does not support the submitted study protocol(s), or if a report is not submitted, the Director may rescind the determination to allow the use of the pesticide within a Groundwater Protection area.
- (3) The Director will issue a public notice stating the reasons interim use has been approved under (1) or (2). The notice will be posted on the Department’s Web site.

NOTE: Authority cited: Sections 11456, 12976, 13145, and 14102, Food and Agricultural Code.

Reference: Sections 13145, 13150, and 14102, Food and Agricultural Code.

6487.5. Leaching Groundwater Protection Areas.

Except as provided in sections 6487.1, 6487.2, and 6487.3, use of pesticides registered for agricultural, outdoor industrial, and outdoor institutional use containing chemicals listed in section 6800(a) shall be prohibited in leaching Groundwater Protection areas unless any one of the following management practices can be met and is designated by the commissioner on the permit:

(a) The permittee shall not apply any irrigation water for six months following application of the pesticide; or
(b) The permittee shall apply the pesticide to the planting bed or the berm above the level of irrigation water in the furrow or basin and the water level shall remain at or below that level for six months following application of the pesticide; or
(c) Irrigation shall be managed so that the ratio of the amount of irrigation water applied divided by the net irrigation requirement is 1.33 or less for six months following application of the pesticide; or
(d) An alternative management practice or pesticide approved by the Director as follows:
- (1) Upon written request, the Director may evaluate and approve use of alternative management practices that are based on scientific data demonstrating their effectiveness in reducing movement of pesticides to groundwater; or
- (2) Upon written request, the Director may make a determination to allow the interim use of a pesticide containing a chemical listed in section 6800(a) within a leaching Groundwater Protection area, for a period not to exceed three years. The Director’s determination shall be based on evidence that the available management practices are not feasible for a specific crop or site, and that there are no feasible alternatives for the specific crop or site. The formal request shall include a study protocol(s) that is acceptable to the Director to develop feasible alternatives or alternate management practices. The study protocol shall include a description of the objective, personnel, study plan, sampling methods including number of samples to be analyzed, data analysis, chemical analytical methods including appropriate quality control, timetable, and references, if any. The requester shall submit a written progress report every six months. If the progress report does not support the submitted study protocol(s), or if a report is not submitted, the Director may rescind the determination to allow the use of the pesticide within a Groundwater Protection area.
- (3) The Director will issue a public notice stating the reasons interim use has been approved under (1) or (2). The notice will be posted on the Department’s Web site.

NOTE: Authority cited: Sections 11456, 12976, 13145, and 14102, Food and Agricultural Code.

Reference: Sections 13145, 13150, and 14102, Food and Agricultural Code.

6488. Antifouling Paints or Coatings Containing Tributyltin.

(a) Antifouling paints or coatings containing tributyltin shall be applied only to:
- (1) aluminum vessel hulls;
- (2) vessel hulls 82 feet or more in length; and
- (3) outboard motors and lower drive units.
(b) Except as provided in subsection (a), antifouling paints or coatings containing tributyltin shall not be applied to any surface or object that will come into contact with the freshwater or marine environment. This prohibition includes, but is not limited to, use on docks, piers, nets and other fishing equipment.
(c) Prior to purchase of antifouling paints or coatings containing tributyltin the purchaser shall present to the dealer a copy of the registration of the vessel to be painted or coated to verify the vessel type requirements specified in (a). In the case where no vessel registration exists or the paint or coating is to be applied to an outboard motor or lower drive unit, the purchaser shall submit a sworn statement to verify that the paint or coating shall be applied only to an aluminum vessel hull, to a vessel hull 82 feet or more in length, or to an outboard motor or lower drive. The sworn statement shall be made substantially in the form provided in Section 6574(b).

NOTE: Authority cited: Sections 14005 and 14151, Food and Agricultural Code.

Reference: Sections 14005 and 14006, Food and Agricultural Code.

6489. Tributyltin Paint and/or Coating Additives.

Economic poisons containing bis(tributyltin) oxide which are sold as “additives” to be mixed with paints or coatings shall not be applied, either alone or when mixed with paint, to any surface that comes into contact with the aquatic or marine environment including, but not limited to, vessels, piers and fishing equipment.

NOTE: Authority cited: Sections 12781, 14005 and 14102, Food and Agricultural Code.

Reference: Sections 12824, 14005 and 14006, Food and Agricultural Code.

Subchapter 5. Produce Carrying Pesticide Residue (§6490-6492)

Article 1. Tolerances and Exemptions

6490. Incorporation of Federal Tolerances.

(a) The Director of Food and Agriculture hereby finds that the pesticide chemicals referred to in this group are useful for the production and marketing of produce and that the presence of such pesticide chemicals as spray residue in quantities within the tolerances hereby established is not deleterious to the health of man or animals.
(b) The director, having reviewed the tolerances and exemptions from tolerances established by the United States Environmental Protection Agency (U.S. EPA) in Title 40, Code of Federal Regulations, Part 180 and having found that such tolerances and exemptions therefrom are in accordance with the standards and provisions of the Food and Agricultural Code, hereby establishes like tolerances for pesticide chemicals on produce packed, shipped, or sold within the State of California except as otherwise provided in this Group 5. The director will continuously review future amendments to said federal regulations, and tolerances and exemptions therefrom hereafter adopted shall also be deemed incorporated by reference, unless otherwise provided in this Group 5.
(c) If the director has evidence that tolerances developed by the EPA are not appropriate for California conditions, the director shall adopt a California tolerance taking into account such evidence.

NOTE Authority cited: Sections 11456, 12531 and 12561, Food and Agricultural Code.

Reference: Section 12565, Food and Agricultural Code.

6492. Limitation on Residues.

No residue of a pesticide chemical in or on produce is justified or permitted unless a permissible tolerance has been established by the director, or unless the director has authorized an exemption from a tolerance.

NOTE: Authority cited: Sections 11456, 12531 and 12561, Food and Agricultural Code.

Reference: Section 12565, Food and Agricultural Code.

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Chapter 2. Pesticides

Subchapter 1. Pesticide Registration (§6145-6314)

Article 1. General Provisions

6145. Intended to be Used.

6146. Liquid Chemical Sterilants.

6147. Exempted Pesticide Products.

6148. Fee for Each Product Submitted for Registration.

6148.5 Fees for Amendments to Registered Pesticide Products.

6151. Evaluation Time Frames.

6152. Brands.

6153. Transfer of Registration.

6154. Change of Name.

6156. Registration Date.

6157. Certification.

6158. Review and Evaluation.

6159. Data Requirements.

6160. Operational Protocol for Pesticide Registration and Evaluation Manual. [Repealed]

6168. Fee for Certificate of Interim Registration.

Article 2. Registration Requirements

6170. Application.

6170.1. Application for Registration of Economic Poison (Pesticide) Form. [Repealed]

6170.5. Application Form.

6171. Document Requests.

6172. General Toxicity Data.

Article 3. Supplemental Data Requirements

6176. Safety Related to Exposure.

6177. Mixer, Loader, Applicator Exposure.

6178. Management of Poisoning.

6179. Spray Adjuvants.

6180. Rodenticides.

6181. Foliar Residue and Field Reentry.

6182. Field Reentry.

6183. Indoor Exposure.

6184. Residue Test Method.

6185. Residue Data.

6186. Efficacy.

6187. Hazards to Bees.

6188. Closed System Compatibility.

6189. Effects on Pest Management.

6190. Copper-based Antifouling Paints and Coatings.

6191. Volatile Organic Compounds.

6192. Other Data.

6193. Wettable and Soluble Powders. [Repealed]

6193.5. Acute Effects Data for Dietary Risk Assessment.

6194. Required Submission of Data.

6195. Acceptability of Submitted Studies.

6196. Adoption of Federal Authority.

6196.1. Provisions for Suspension.

6197. Applicability of Section 6196 to Data Obtained Pursuant to Food and Agricultural Code Section 12824.

6197.5. Assessment of Pesticide Registrants.

6198. Determination of Critical Need.

6198.5. List of Active Ingredients Identified Pursuant to Section 13127 of the Food and Agricultural Code.

6199. Fines for Groundwater Protection Data Gaps. [Repealed]

6199.5. Assessment of Pesticide Registrants (The Pesticide Contamination Prevention Act, Sections 13141-13152 Food and Agricultural Code). [Repealed]

6199.7. Submission of Groundwater Protection Data On Specified Ingredients and Degradation Products. [Repealed]

Article 4. Conditional Registration

6200. Conditional Registration.

Article 5. Exemptions

6205. Deodorizer or Cleansing Agent.

6206. Section 18 Exemptions.

Article 6. Adverse Effects Disclosure

6210. Adverse Effect Disclosure.

Article 7. Renewals

6215. Renewal.

6216. Annual Registration Renewal Fee.

6217. Penalties for Late Payment of Annual Renewal Application Fee.

Article 8. Reevaluation Criteria

6220. Reevaluation.

6221. Reevaluation Criteria.

6222. Reevaluation Data Requirements.

6223. Notification.

6224. Determinations.

6225. Reports.

6226. Product Evaluation.

6227. Annual Review. [Repealed]

6228. Designation of Restricted Materials. [Repealed]

Article 9. Trade Secret [Repealed]

6230. Trade Secrets. [Repealed]

6231. Trade Secret Determinations. [Repealed]

Article 10. Labeling