Chapter 3. Pest Control Operations

Subchapter 1. Licensing and Certification (§6500-6584)

Article 1. General License Requirements

6500. License Duration.

(a) The Director may issue licenses and certificates for two years. However, a license or certificate may be issued for less than two years based on when the applicant enters the two-year cycle described below.
The term of the license or certificate is determined by the Director as follows:
- (1) Each license or certificate with a name beginning with A through L shall expire December 31 of the following even numbered year.
- (2) Each license or certificate with a name beginning with M through Z shall expire December 31 of the following odd numbered year.
(b) The issuance of a two-year license or certificate in no way affects any annual county registration required by the Food and Agricultural Code.
(c) Notwithstanding subsection (a), and as determined to be necessary by the Director, beginning January 1, 2024 individuals with a valid qualified applicator license or certificate may be issued an updated license or certificate to reflect categories consistent with section 6530. The term of each updated license or certificate issued will be in accordance with an individual’s current two-year cycle as determined by subsection (a)(1) or (a)(2). This subsection shall become inoperative January 1, 2025.

6502. Applications.

(a) An application for a new license or certificate shall be made on a form prescribed by the Director and shall be accompanied by:
- (1) A copy of valid government-issued documentation that the applicant will meet the required minimum age of 18 years old prior to admission to the examination, and
- (2) The required application fee specified below in Table 1–License and Certificate Application Fees and Forms. The application fee shall allow an applicant a 12-month period to become licensed or certified.
(b) An application to renew a license or certificate shall be made on a form prescribed by the Director and shall be accompanied by the required renewal fee specified below in Table 2–License and Certificate Renewal Fees and Forms. If the license or certificate is issued for more than one year pursuant to 6500, the applicant shall pay double the annual renewal fee.
- (1) If the renewal application is not postmarked by December 31 of the year the license or certificate expires, a penalty of 50 percent of the renewal fee shall be added to the original amount due.
(c) Pursuant to this section, the prescribed forms, hereby incorporated by reference, are specified in Table 1 and Table 2 below.

Table 1 – License and Certificate Application Fees and Forms

Table 1 – License and Certificate Application Fees and Forms
License or Certificate Type	New Application Fee	Form
Pest Control Business License Additional fee for each Pest Control Business Branch	$360 $180	Pest Control Business License Application LIC-042 (Rev. 07/24)
Pest Control Business License, Maintenance Gardener only	$180	Maintenance Gardener Pest Control Business License Application LIC-004 (Rev. 07/24)
Pest Control Dealer License Additional fee for each Dealer Branch	$360 $180	Pest Control Dealer License Application LIC-041 (Rev. 07/24)
Pesticide Broker License Additional fee for each Broker Branch	$20 $20	Pesticide Broker License Application (PB) LIC-217 (Rev. 07/24)
Agricultural Pest Control Adviser License	$180	Agricultural Pest Control Adviser Application LIC-084 (Rev. 07/24)
Pest Control Aircraft Pilot Certificate, Manned or Unmanned	$135	Pest Control Aircraft Pilot Certificate Application LIC-005 (Rev. 07/24)
Pest Control Dealer Designated Agent License	$55	Pest Control Dealer Designated Agent License Application LIC-043 (Rev. 07/24)
Qualified Applicator License	$180	Qualified Applicator License Application LIC-001 (Rev. 07/24)
Qualified Applicator Certificate	$90	Qualified Applicator Certificate Application LIC-001A (Rev. 07/24)

Table 2 – License and Certificate Renewal Application Fees and Forms

Table 2 – License and Certificate Renewal Application Fees and Forms
License or Certificate Type	Annual Renewal Fee	Form
Pest Control Business License Additional fee for each Pest Control Business Branch	$360 $180	Pest Control Business Renewal Application LIC-192 (Rev. 07/24)
Pest Control Business License, Maintenance Gardener only	$180	Maintenance Gardener Pest Control Business Renewal Application LIC-186 (Rev. 07/24)
Pest Control Dealer License Additional fee for each Dealer Branch	$360 $180	Pest Control Dealer License Renewal Application LIC-191 (Rev. 07/24)
Pesticide Broker License Additional fee for each Pesticide Broker Branch	$20 $20	Pesticide Broker License Renewal Application LIC-190 (Rev. 07/24)
Agricultural Pest Control Adviser License	$160	Individual License/Certificate Renewal Application LIC-141 (Rev. 07/24)
Pest Control Aircraft Pilot Certificate, Manned or Unmanned	$100	Individual License/Certificate Renewal Application LIC-141 (Rev. 07/24)
Pest Control Dealer Designated Agent License	$55	Individual License/Certificate Renewal Application LIC-141 (Rev. 07/24)
Qualified Applicator License	$135	Individual License/Certificate Renewal Application LIC-141 (Rev. 07/24)
Qualified Applicator Certificate	$70	Individual License/Certificate Renewal Application LIC-141 (Rev. 07/24)

NOTE: Authority cited: Sections 11456, 11502, 11502.5, 12005 and 12111, Food and Agricultural Code.

Reference: Sections 11502.5, 11702, 11703, 11704, 11707, 11901, 11902, 11903, 11904, 12021, 12103, 12104, 12105, 12201, 12202, 12252, 12401 and 12404, Food and Agricultural Code.

6504. Examinations.

(a) Each applicant shall:
- (1) Appear at a time and place designated by the Director for examination; and
- (2) Present government-issued photo identification at the time of examination.
(b) All applicants must be able to read pesticide labeling and pass a written examination on the laws and regulations governing pesticide use and the safety precautions necessary to prevent injury.
- (1) Applicants for a Qualified Applicator Certificate or License (except applicants solely for Subcategory Q listed in section 6531) or an Apprentice Pest Control Aircraft Pilot Certificate shall demonstrate by examination practical knowledge of California pesticide laws and regulations and the minimum federal core standards detailed in Title 40 of the Code of Federal Regulations (40 CFR) Part 171 section 171.103(c) (July 1, 2019), hereby incorporated by reference.
- (2) In addition to the examination required by (1), applicants for a Qualified Applicator Certificate or License shall demonstrate by examination practical knowledge of the minimum competency standards in at least one category listed in section 6530 to become initially licensed or certified. The competency standards for each category listed in section 6530 are described in 40 CFR Part 171 section 171.103(d) (July 1, 2019), hereby incorporated by reference, as follows:
  - (A) Category A – 40 CFR section 171.103(d)(7).
  - (B) Category B – 40 CFR section 171.103(d)(3).
  - (C) Category C – 40 CFR section 171.103(d)(6).
  - (D) Category D – 40 CFR section 171.103(d)(1)(i).
  - (E) Category E – 40 CFR section 171.103(d)(2).
  - (F) Category F – 40 CFR section 171.103(d)(5).
  - (G) Category G – 40 CFR section 171.103(d)(9).
  - (H) Category H – 40 CFR section 171.103(d)(4).
  - (I) Category I – 40 CFR section 171.103(d)(1)(ii).
  - (J) Category J – 40 CFR section 171.103(d)(10).
  - (K) Category K – 40 CFR section 171.103(d)(8).
  - (L) Category L – 40 CFR section 171.103(d)(13).
  - (M) Category M – 40 CFR section 171.103(d)(14).
- (3) In addition to the written examination required by (1), applicants for a Manned or Unmanned Apprentice Pest Control Aircraft Pilot Certificate shall pass the required Manned or Unmanned Apprentice Pilot written examination to become initially certified.
- (4) Applicants for a Manned or Unmanned Journeyman Pest Control Aircraft Pilot Certificate or Unmanned Vector Control Technician Pest Control Aircraft Pilot Certificate shall demonstrate by written examination practical knowledge of the minimum competency standards detailed in 40 CFR Part 171 section 171.103(d)(15) (July 1, 2019), hereby incorporated by reference.
- (5) Applicants for a Qualified Applicator Certificate solely for subcategory Q listed in section 6531 shall demonstrate by written examination knowledge of applicable pest management practices associated with incidental pest control in ornamental and turf plantings: indoors, in commercial parks, or surrounding structures.
(c) A passing score of 70 percent or greater is required to be issued any license or certificate pursuant to Divisions 6 and 7 of the Food and Agricultural Code.
(d) Applicants may request up to four examinations per application.

NOTE: Authority cited: Sections 11456, 11502, 12005, 12024 and 12111, Food and Agricultural Code.

Reference: Sections 11702, 11905, 12024 and 12106, Food and Agricultural Code.

6505. Examination Fees.

(a) In addition to the application fee specified in section 6502(a), an agricultural pest control adviser, pest control aircraft pilot, pest control dealer designated agent, qualified applicator license or qualified certificate applicant shall pay, if applicable:
- (1) A $115 fee for the Laws, Regulations, and Basic Principles examination; and
- (2) A $115 fee for each additional examination category requested.
(b) A license or certificate holder seeking to add an additional category shall submit a $115 fee for each examination category requested accompanied by the required application form specified in 6502.
(c) A $115 fee shall be submitted for each request to reschedule an examination due to the applicant’s failure to obtain a passing score or failure to appear for a scheduled examination.

NOTE: Authority cited: Sections 11456 and 11502.5, Food and Agricultural Code.

Reference: Section 11502.5, Food and Agricultural Code.

6506. Acceptance of Prior Examination. [Repealed]

NOTE: Authority cited: Sections 407, 11502, 12005 and 12111, Food and Agricultural Code.

Reference: Sections 11702 and 12106, Food and Agricultural Code.

6508. Notification of Change.

(a) Every license or certificate holder shall immediately notify the Director in writing of any change in, including but not limited to, name, business address, business organization, qualified person, bond, insurance, registered officers, or any other matter shown in the application. Name changes for individuals must include a copy of government-issued proof of change of name.
(b) Licenses and certificates are not transferable, and in case of a change of business organization or ownership, a new application and fee are required.
(c) A $20 fee is required when:
- (1) a license or certificate holder requests a replacement or duplicate copy of a license or certificate; or
- (2) a license or certificate is reissued as a result of a name change made pursuant to (a).

NOTE: Authority cited: Sections 11456, 11502, 11502.5, 12005 and 12111, Food and Agricultural Code.

Reference: Sections 11501, 11502.5, 11708 and 12110, Food and Agricultural Code.

6509. Refusal, Revocation, and Suspension.

In addition to the provisions found in sections 11910, 12205, 14098, and 14155 of the Food and Agricultural Code, a pest control aircraft pilot certificate, a qualified applicator license or certificate, or a private applicator certificate can be refused, revoked, or suspended by the Director, after a hearing, for a final order imposing a civil penalty under section 14(a) or a criminal conviction under section 14(b) of the Federal Insecticide, Fungicide, and Rodenticide Act (Title 7, United States Code, section 136l).

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

Reference: Sections 11501, 11791, 12991, 14001 and 14102, Food and Agricultural Code.

6510. Renewals and New Applications.

(a) Other than individuals only with a Dealer Designated Agent license or as provided in (b), an individual with a license or certificate issued by the Director shall obtain continuing education hours specified in section 6511 while the license or certificate is valid to renew the license or certificate. The continuing education must be obtained from courses approved pursuant to section 6512. Renewal applications must be on the appropriate application form in Table 2 of section 6502 and include the required fee.
(b) An individual who has not possessed a valid license or certificate within 12 months of the date of application or has a valid license or certificate and has not completed the continuing education requirements as specified in section 6511 within each two-year license or certification period shall be required to submit an application for a new license or certificate specified in section 6502(a) and pass the applicable written examinations before being issued a license or certificate.
(c) For licensed pest control businesses and pest control dealers, the license or certificate of the individual supervising the activities of the business must be renewed prior to issuance of the business license renewal.

NOTE: Authority cited: Sections 11456, 11502, 12005, 12024, 12111 and 14005, Food and Agricultural Code.

Reference: Sections 11502.5, 11702, 11905, 12024, 12106 and 14006, Food and Agricultural Code.

6511. Continuing Education Requirements.

It is each license or certificate holder’s responsibility to select continuing education courses applicable to their license or certificate type. The license or certificate holder will not receive credit for taking the same course more than once within the same calendar year.

(a) Except as provided in (b), each license or certificate issued by the Director has the following continuing education requirements:
- (1) A pest control aircraft pilot shall complete a minimum of 20 hours of approved continuing education on pest management and pesticides, including not less than four hours pertaining to pesticide laws and regulations and four hours pertaining to aerial pest control equipment and application techniques.
- (2) Except as provided in (3) and (4), qualified applicator license and certificate holders shall complete a minimum of 20 hours of approved continuing education on pest management and pesticides, including not less than four hours pertaining to pesticide laws and regulations.
- (3) Qualified applicator certificate holders who only possess the maintenance gardener subcategory shall complete a minimum of eight hours of approved continuing education on pest management and pesticides, including not less than two hours pertaining to pesticide laws and regulations.
- (4) Qualified applicators who only possess a license or certificate in the seed treatment category shall complete a minimum of four hours of approved continuing education on pest management and pesticides, including not less than two hours pertaining to pesticide laws and regulations.
- (5) An agricultural pest control adviser license holder shall complete a minimum of 40 hours of approved continuing education on pest management and pesticides, including not less than four hours pertaining to pesticide laws and regulations.
(b) Continuing education exemptions.
- (1) Each license or certificate holder with a license or certificate valid for less than 12 months at the time of its renewal is exempt from the continuing education requirements applicable to that license or certificate.
- (2) Each license or certificate holder with a license or certificate valid for 12 to 20 months at the time of its renewal shall complete a minimum of one-half of the continuing education requirements listed in (a) applicable to that license or certificate.

NOTE: Authority cited: Sections 11456 and 11502.5, Food and Agricultural Code.

Reference: Section 11502.5, Food and Agricultural Code.

6512. Approval of Continuing Education Courses.

(a) The Director may approve requests for evaluation and approval of any course submitted for continuing education hours for a period of up to one calendar year (beginning January 1 and ending December 31).
(b) Except as provided in (d), courses may be approved by the Director for continuing education hours in one or more of the following categories:
- (1) “Pesticide Laws and Regulations” continuing education course time must be focused on:
  - (A) Current California pesticide laws as detailed in the Food and Agricultural Code Divisions 6 and 7;
  - (B) Current California pesticide regulations as detailed in Title 3 Division 6 of the California Code of Regulations;
  - (C) Current federal pesticide laws and regulations including specific pesticide product labeling requirements; or
  - (D) Other current California pesticide regulations, including local pesticide requirements adopted by the County Agricultural Commissioner pertaining to the safe and effective use of pesticides pursuant to section 11503 of the Food and Agriculture Code.
    - 1. Courses on the Business and Professions Code Division 3, Chapter 14 or Chapter 14.5; the California Code of Regulations Title 16, Division 19; or federal maximum residue levels do not qualify for pesticide laws and regulations hours.
- (2) “Aerial Pest Control Equipment and Application Techniques” continuing education course time must be focused on:
  - (A) Aerial pesticide application equipment, such as: aerial dispersal system components, aerial application guidance systems, and proper use of aerial application equipment;
  - (B) Aerial application techniques, such as: swath marking, flight patterns, and assessing meteorological conditions and their effect on aerial pest control.
- (3) “Other” continuing education course time must be focused on:
  - (A) Pesticides and pest management as specified in Food and Agricultural Code section 11502.5, such topics may include:
    1. Safe pesticide use, such as: maximum residue levels, water and air pesticide monitoring, residue mitigation, chemical formulations, application equipment; and
    2. Effective pest management, such as: pest identification, integrated pest management, quarantine practices, sustainable agricultural pest management practices, cultural pest control practices, and biological control methods.
(c) The continuing education course shall be administered or developed by course instructors who are competent and knowledgeable in the subject matter and must contain at least one hour of approvable course time meeting the topic requirements in (b) for course approval.
(d) Courses will not be approved for more than 8 hours of continuing education per day. Courses will not be approved for continuing education hours during break periods.
(e) Poster or vendor displays, question and answer sessions (excluding review questions included as part of a presentation), or panel discussions may be approved for up to 30 minutes of combined credit per application. Only courses that contain a minimum of 4 hours of approvable course time meeting the topic requirements in (b) may request this additional 30 minutes of credit.
(f) Quiz and final examination questions are approved at one minute of credit per question. Each hour of approved course time may include up to 10 minutes of questions.
(g) Before making the determination as to whether the course meets the criteria for approval, the Director may request more information about how the content of the course meets the provisions of Division 6 of the Food and Agricultural Code or regulations adopted pursuant to that Division. If the Director determines the course does not meet the criteria for approval the Director may deny the course or approve the course for fewer continuing education hours than requested.

NOTE: Authority cited: Sections 11456 and 11502.5, Food and Agricultural Code.

Reference: Sections 11502.5, Food and Agricultural Code.

6512.1. In-Person Continuing Education Courses.

(a) Requests for approval of in-person continuing education courses shall be made on the In-Person Continuing Education Approval Request Application form LIC-131A (Rev. 07/23), hereby incorporated by reference, and shall be submitted to the department at least 30 days before the date of the course.
- (1) Each continuing education approval request for in-person courses must include a $45 fee and a comprehensive agenda that provides:
  - (A) A description of the course;
  - (B) The title of each presentation;
  - (C) The main points of each presentation;
  - (D) The start and end time for each presentation as well as the total course length;
  - (E) The continuing education category(ies) requested for each presentation (“Pesticide Laws and Regulations,” “Aerial Pest Control Equipment and Application Techniques,” or “Other”); and
  - (F) The name and affiliation of each speaker.
(b) In-person continuing education courses that occur over two or more days require an In-Person Continuing Education Approval Request Application form LIC-131A (Rev. 07/23), comprehensive agenda, and $45 fee for each day.
(c) In-person continuing education courses that have concurrent presentations (i.e., two separate presentations occurring at the same date and time in different rooms or locations) must submit an In-Person Continuing Education Approval Request Application form LIC-131A (Rev. 07/23), comprehensive agenda, and $45 fee for each presentation that occurs concurrently with another. Each concurrent presentation will be reviewed independently and accredited course hours specific to the presentation agenda and topic(s). Sponsors shall include in their application for a concurrent presentation a description of how they will track individual attendance to a concurrent course.
(d) Requests for approval of additional dates or locations for a continuing education course with an agenda identical to a previously approved course, within the same calendar year, shall be made on the Continuing Education Additional Course Date Request form LIC-132 (Rev. 07/23), hereby incorporated by reference, and shall be submitted to the Department at least 15 business days before the presentation of the course.
(e) Requests for approval of changes to continuing education courses currently approved within the calendar year shall be submitted in writing to the Department and include:
- (1) The name of the course,
- (2) The date of the course,
- (3) The course identification code assigned by the Director, and
- (4) The changes made to the course.

NOTE: Authority cited: Sections 11456 and 11502.5, Food and Agricultural Code.

Reference: Section 11502.5, Food and Agricultural Code.

6512.2. Interactive Online and Webinar Continuing Education Courses.

(a) Requests for approval of interactive online courses shall be submitted at least 60 days before the intended course offering date. Requests for approval of webinar courses shall be submitted at least 30 days before the intended course offering date. Courses shall not be approved for more than 8 hours of continuing education credit per application. Submissions must include:
- (1) A complete Interactive Online and Webinar Continuing Education Approval Request Application form LIC-131B (Rev. 07/23), hereby incorporated by reference, $45 fee, and:
  - (A) For interactive online courses, a comprehensive course syllabus which provides a detailed outline of the course. The syllabus must contain at a minimum, the learning objectives for the course, the amount of time allocated to each learning objective, and the continuing education category(ies) hours requested (“Pesticide Laws and Regulations,” “Aerial Pest Control Equipment and Application Techniques,” or “Other”) for each learning objective.
  - (B) For webinar courses, a comprehensive agenda that provides:
    1. A description of the course;
    2. The title of each presentation;
    3. The main points of each presentation;
    4. The start and end time of each presentation;
    5. The continuing education category(ies) requested for each presentation (“Pesticide Laws and Regulations,” “Aerial Pest Control Equipment and Application Techniques,” or “Other”); and
    6. The name and affiliation of each speaker.
- (2) Access to the course in the same format that the course will be presented to attendees.
- (3) An explanation of how the identity of the attendee will be verified. Acceptable formats are:
  - (A) A means of visually observing the attendee throughout the duration of the course, such as web cameras and proctored locations, or
  - (B) Inclusion of the following verification of fraud statement that attendees are required to agree to prior to starting the course:
    “Allowing someone other than the person identified as the course attendee to complete this online continuing education course, in order to qualify for Department of Pesticide Regulation approved continuing education hours, constitutes fraud. Committing fraud in connection with meeting any license requirement, including to obtain renewal of any license or certificate issued by the Department of Pesticide Regulation or a County Agricultural Commissioner may result in civil and criminal penalties or license denial, suspension, or revocation. By selecting yes, I verify and attest to the fact that I am the person whose name and license or certificate number appears in course sign-in dialogue box and on the license or certificate.
    Yes _____
    No ______”
(b) Interactive online and webinar continuing education courses submitted for approval must include:
- (1) Features for monitoring and ensuring course attendance and participation, such as: quiz or review questions, random pop-up questions, check boxes, and/or key codes.
  - (A) For interactive online courses, a minimum of three participation response actions per hour, at least one of which occurs at an irregular interval, is required. If these actions are not responded to, the participant must be automatically logged out of the course.
  - (B) For webinar courses, a minimum of three participation response actions per hour is required.
- (2) Features to prevent an attendee from fast forwarding through any portion of the course or participating in more than one course simultaneously.
- (3) Features for time stamping the course and tracking when the attendee starts the course, completes the course, and total time spent on the course. This attendance information must be recorded and retained by the sponsor in accordance with section 6513.
- (4) A username and password used to access the course that is unique for each license or certificate holder.
- (5) For interactive online courses longer than one hour, a minimum 5-question quiz meeting the requirements in (c) must occur every hour of accredited time.
- (6) Upon conclusion of an interactive online or webinar course, a minimum 10-question final examination must be given that meets the requirements specified in (c).
- (7) A copy of all quiz and exam questions.
(c) Interactive online and webinar continuing education quiz and final examination requirements:
- (1) Questions must be directly derived from course content and answerable based on the content presented during the course.
- (2) Questions must be in multiple choice format with one correct answer and at least two plausible but incorrect options and must not contain “all of the above,” “none of the above,” or other all-inclusive response options.
- (3) For interactive online courses all quizzes must be passed with a score of 70 percent or greater before the attendee is allowed to advance in a course. The final exam must be passed with a score of 70 percent or greater before a course completion certificate may be issued to the attendee.
- (4) For webinar courses, the final examination must be passed with a score of 70 percent or greater before a course completion certificate may be issued to the attendee.
- (5) Different versions of quizzes and final examinations must be available for retest, if the sponsor allows the option to retest. Different versions may be achieved by presenting new questions to the attendee or by varying the order of questions and answers each time the final exam is taken. All possible quiz and exam questions must be submitted to DPR as required in (b)(7).
(d) Interactive online and webinar courses approved in the preceding year must also meet the following requirements for approval:
- (1) Reflect current information.
- (2) Contain quiz and exam questions different from any questions used in the preceding year’s approved version of the course.
(e) The Director may deny any interactive online and webinar course that does not meet the criteria in sections 6512 and 6512.2. Previously denied interactive online and webinar courses must be revised to meet the criteria and resubmitted in accordance with subsection 6512.2(a) with a new fee before being reconsidered for continuing education hours.

NOTE: Authority cited: Sections 11456 and 11502.5, Food and Agricultural Code.

Reference: Section 11502.5, Food and Agricultural Code.

A continuing education course sponsor shall ensure:

(a) Information used for advertising the continuing education course(s) is true and not misleading, including course agenda topics and the number of approved continuing education hours.
(b) Course instructors and speakers for in-person and webinar courses, and course content developers for interactive online courses, are competent and knowledgeable in the subject matter.
(c) An individual’s successful completion of a course is verified prior to issuing a record of course completion.
- (1) At each in-person continuing education course, verification shall be achieved by confirming the identity of the license or certificate holder. Acceptable means of confirming identity are:
  - (A) Checking an official government-issued photo identification, or
  - (B) Using a verification process that ensures an official government-issued photo identification has been checked.
- (2) For interactive online and webinar continuing education courses, verification shall be achieved by meeting the requirement of section 6512.2(a)(3).
(d) The course follows the approved agenda or syllabus; changes to an approved agenda or syllabus must be submitted in writing and approved by the Director.
(e) Sufficient resources are available for verifying and monitoring attendance and participation, including:
- (1) Tracking when the attendee arrives and leaves the course and the continuing education hours earned within that time period.
- (2) Notifying all attendees to minimize personal distractions including electronic devices.
- (3) Ensuring instructors and speakers are not accredited continuing education hours for time presenting or not actively participating in the course as an attendee.
(f) Course credit is given on a one-to-one basis in the appropriate category (i.e. one hour of course attendance and participation is equivalent to one hour continuing education credit).
(g) Records of completion are given to attendees only upon the conclusion of the attendee’s participation and reflect the actual hours earned by each attendee.

NOTE: Authority cited: Sections 11456 and 11502.5, Food and Agricultural Code.

Reference: Section 11502.5, Food and Agricultural Code.

6512.4. Rejection or Revocation of Continuing Education Course Hours.

(a) The Director may audit or monitor courses given by any course sponsor and may revoke approval of continuing education hours for a course when:
- (1) The course did not follow the approved agenda or syllabus, or covered false or misleading information; or
- (2) The course sponsor violated Food and Agricultural Code section 11792 in connection with that course.
(b) The Director may reject or revoke a continuing education course if the course sponsor violated any provision of Division 6 of the Food and Agricultural Code or regulations adopted pursuant to that Division in connection with that continuing education course.

NOTE: Authority cited: Sections 11456 and 11502.5, Food and Agricultural Code.

Reference: Section 11502.5, Food and Agricultural Code.

6513. Records of Continuing Education Courses.

(a) Recordkeeping responsibilities of the continuing education sponsor.
- (1) For each sponsored continuing education course, the continuing education course sponsor shall maintain a record of all license and certificate holders who have successfully earned continuing education hours.
- (2) Each record must be kept for three years from the completion date of the course.
- (3) Within 15 business days of successful completion of a course, the continuing education sponsor shall provide each license and certificate holder with a record of course completion.
- (4) Each record must contain the information specified in (c).
(b) Recordkeeping responsibilities of the license or certificate holder.
- (1) Each license and certificate holder specified in sections 6511 and 6584 shall maintain a record of all completed continuing education courses.
- (2) Each record must be kept for three years from the completion date of the course.
- (3) Each record must contain the information specified in (c).
(c) The records specified in (a) and (b) of this section must include:
- (1) License or certificate holder’s name;
- (2) License or certificate number;
- (3) Title of the course;
- (4) Name of the continuing education sponsor;
- (5) Location of the course;
- (6) Course completion date;
- (7) Number of hours attended in each continuing education category;
- (8) The course identification code assigned by the Director;
- (9) The license or certificate holder’s signature confirming attendance.
(d) In addition to the records required to be maintained in (a), the instructor or sponsoring organization shall submit, at a minimum, the information required in (c)(1)-(8) to the Department within 14 days after the completion of the course for each license and certificate holder. The information shall be submitted over the Internet using the Department’s online Web site or via an electronic data file transfer process. At the time of submission the sponsor shall electronically attest that the records submitted are true and correctly reflect the continuing education hours earned and accredited to each attendee.
(e) The records specified in (a) and (b) must be submitted to the Director or County Agricultural Commissioner upon request.

NOTE: Authority cited: Sections 11456 and 11502.5, Food and Agricultural Code.

Reference: Sections 11502.5 and 12980.1(c), Food and Agricultural Code.

6514. Regional Accreditation Committees. [Repealed]

NOTE: Authority cited: Sections 407 and 11502.5, Food and Agricultural Code.

Reference: Sections 11502.5 and 12986, Food and Agricultural Code.

Article 2. Agricultural Pest Control Business Licenses

6520. Authorized Agent Qualifications. [Repealed]

NOTE: Authority cited: Sections 407 and 11502, Food and Agricultural Code.

Reference: Sections 11702 and 11703, Food and Agricultural Code.

6522. Categories.

(a) The categories for supervision of pest control by a qualified person pursuant to section 11708 of the Food and Agricultural Code are those listed in section 6530 of Title 3, California Code of Regulations.
(b) The categories applicable for supervision of a Maintenance Gardener Pest Control Business pursuant to section 11704 of the Food and Agricultural Code are:
- (1) A license or certificate holder with Category B as specified in section 6530; or
- (2) A certificate holder with Subcategory Q as specified in section 6531.

NOTE: Authority cited: Sections 11456 and 11702, Food and Agricultural Code.

Reference: Sections 11702 and 11705, Food and Agricultural Code.

6524. Financial Responsibility of Applicants for an Agricultural Pest Control Business License.

(a) Each applicant shall demonstrate financial responsibility in connection with the obtaining and maintenance of an agricultural pest control business license pursuant to Article 1 of Chapter 4 (beginning with Section 11701) of Division 6 of the Food and Agricultural Code as follows:
- (1) File with the Department an original certificate of insurance (Form number DPR-PML-052, Rev. 8/11, entitled “Certificate of Insurance”) certifying insurance coverage for the operations involved for an annual period in an amount not less than that specified in and in accordance with the provisions of (c). The certificate shall be provided by the director and issued by the insurer. Within 10 days of expiration of the insurance policy(s) identified by the certificate, applicants who have been licensed by the director, shall file a new certificate [identifying the current policy(s)] with the Department. For insurance covering aircraft, the certificate shall specify the N number(s) of the aircraft covered by the insurance for chemical liability; or,
- (2) Deposit with the director a certificate of deposit issued (by a licensed financial institution doing business in California) and maintained under the following conditions:
  - (A) The principal amount of the certificate of deposit at time of issuance is not less than that specified in and in accordance with the provisions of (c);
  - (B) The director is given express authority to withdraw any part or all of the funds required to satisfy a final judgment of a California or Federal court based upon violation of the provisions of Food and Agricultural Code Division 6, and Division 7 pertaining to pesticides, and regulations issued pursuant to those provisions;
  - (C) The director is given express authority to withdraw any part or all of the funds and deposit the funds in court in an interpleader action in any circumstance where it appears to the director that there may be multiple judgments involving violation of the laws and regulations specified in (B) and such funds may be called upon to satisfy such judgments; and
  - (D) If any part of the funds are withdrawn as provided in (B) and (C), an additional certificate of deposit shall be filed with the director so that the remaining funds, if any, of the initial certificate of deposit and the principal amount of the additional certificate of deposit equal the principal amount of the initial certificate of deposit at the time of its issuance; or
- (3) Deposit with and on a form provided by the director a surety bond (Form number DPR-PML-053, Rev. 8/11, entitled Pest Control Business Licensees Bond) issued by a bonding company doing business in California in an amount not less than that specified in and in accordance with the provisions of (c).
(b) Applicants electing to show financial responsibility by a certificate of deposit as specified in (a)(2) shall assign the certificate to the director and shall maintain the certificate and not be entitled to withdraw the funds for two years after termination of the license or until all claims filed against the licensee are satisfied, whichever occurs later.
(c) Applicants may show financial responsibility by liability insurance which covers chemical bodily injury and chemical property damage or by a certificate of deposit or a surety bond to cover chemical bodily injury and chemical property damage in the amounts specified. (Refer to the table on the following page).
(d) Applicants whose business involves applications by aircraft and who elect to show financial responsibility by a certificate of deposit or a surety bond shall file with and on a form provided by the Director (Pest Control Business Licensees Bond Form DPR-PML-053, Rev. 8/11), with a list of the applicant’s aircraft including their N numbers and their usages.
(e) Aircraft which is covered by liability insurance only for nonchemical bodily injury and nonchemical property damage shall not be operated for pesticide application purposes, unless the pest control business using the aircraft has deposited with the director, as specified in (a)(2) and (a)(3), a certificate of deposit or a surety bond for that aircraft in the amount specified in (c).
(f) Applicants who make applications by aircraft and ground rigs shall meet the financial responsibility requirements of this Section for both the aircraft and ground rig types of pest control operations.

NOTE: Authority cited: Sections 11456, 11502 and 11702, Food and Agricultural Code.

Reference: Sections 11501 and 11702, Food and Agricultural Code.

Financial Responsibility of Applicants for an Agricultural Pest Control Business License
TYPE OF PEST CONTROL OPERATIONS	LIABILITY INSURANCE BODILY INJURY BODILY INJURY PROPERTY PER PERSON PER OCCURRENCE DAMAGE	CERTIFICATE OF DEPOSIT OR SURETY BOND
Agricultural pest control business license applicants who make applications by ground rigs or who make fumigations	$100,000/$300,000/$50,000	$75,000
Agricultural pest control business license applicants who make applications by aircraft	$100,000/$300,000/$100,000 per aircraft; property damage aggregate: one-half the property damage limit times the number of insured aircraft, where more than one aircraft is insured	$50,000 per aircraft, but not to exceed $300,000 per business license
Applicants for an agricultural pest control business license in the maintenance gardener category; in lieu of insurance, a certificate of deposit, or surety bond, these applicants may provide a statement to the director under penalty of perjury that as to chemical bodily injury and chemical property damage resulting from their pest control operations, they are financially able to respond in damages using their own personal assets	$5,000/$10,000/$5,000	$ 5,000

Article 3. Qualified Applicators

6530. Categories and Examinations.

Applicants may qualify by examination to work in one or more of the following categories:

(a) Category A – Residential, Industrial and Institutional Pest Control
- (1) Perform pest control for:
  - (A) Residential or home use;
  - (B) Industrial use; or
  - (C) Institutional use.
- (2) This category does not include landscape maintenance pest control for hire covered under (b); use of any pesticide labeled as a fumigant; or structural pest control required to be licensed under Chapter 14 (commencing with Section 8500) of Division 3 of the Business and Professions Code.
(b) Category B – Landscape Maintenance Pest Control
- (1) Perform pest control in:
  - (A) The maintenance of preexisting, planted, or artificial ornamental plants and turf surrounding areas such as residences, parks, streets, and commercial, industrial, and institutional buildings.
- (2) This category does not include direct application to running or standing water, or the use of any pesticide labeled as a fumigant.
(c) Category C – Right- of- Way Pest Control
- (1) Perform pest control in:
  - (A) The maintenance of rights-of-way, including but not limited to roadsides, power lines, telephone lines, pipelines, canals, and railways.
- (2) This category does not include direct application to running or standing water, or the use of any pesticide labeled as a fumigant.
(d) Category D – Agricultural Pest Control (plant)
- (1) Perform pest control in:
  - (A) The production of an agricultural commodity;
  - (B) Rangelands, pastures, and grasslands; or
  - (C) Non-crop agricultural lands which will not in the foreseeable future be used to grow food, feed, or fiber crops, or to pasture animals; this includes but is not limited to wildlands, farm roads and shoulders, ditches, and on-farm equipment yards.
- (2) This category does not include applications to running or standing water, other than rice and similar crops grown in wet or flooded fields, or the use of any pesticide labeled as a fumigant.
(e) Category E – Forest Pest Control
- (1) Perform pest control in:
  - (A) Forests, forest nurseries, and forest seed-producing areas, including preparation for forest planting, conifer release, brush control projects, and stump treatment.
- (2) This category does not include direct applications to running or standing water, or the use of any pesticide labeled as a fumigant.
(f) Category F – Aquatic Pest Control
- (1) Perform pest control in:
  - (A) Standing or running water.
- (2) This category does not include pest control covered under subsections (d), (g), (j), or (k).
(g) Category G – Regulatory Pest Control
- (1) Perform pest control in:
  - (A) Government-sponsored programs for the control of regulated pests. “Regulated pest” means a particular species of pest subject to state or federal regulatory restrictions, regulations, or control procedures intended to protect hosts, humans, or the environment.
- (2) This category does not include health related pest control covered under (k) or the use of any pesticide labeled as a fumigant.
(h) Category H – Seed Treatment
- (1) Use pesticides on seeds in seed treatment facilities.
- (2) This category does not include the use of any pesticide labeled as a fumigant.
(i) Category I – Agricultural Pest Control (animal)
- (1) Perform pest control:
  - (A) On animals or in facilities in which animals are confined, including managed apiaries.
- (2) This category does not include direct application to running or standing water, or the use of any pesticide labeled as a fumigant.
(j) Category J – Demonstration and Research
- (1) Perform pest control using California restricted materials to:
  - (A) Demonstrate to the public proper use and application techniques; or
  - (B) Conduct field research outside of a laboratory setting.
- (2) This category does not include the use of any pesticide labeled as a fumigant.
(k) Category K – Health Related Pest Control
- (1) Perform pest control in:
  - (A) Government-sponsored programs for the management and control of pests having public health importance.
- (2) This category does not include the use of any pesticide labeled as a fumigant.
- (3) This category is not required for applicators holding a valid Vector Control Technician certificate issued by the State Department of Public Health and employed at a government public health agency.
(l) Category L – Soil Fumigation
- (1) Perform pest control using a pesticide labeled as a fumigant to:
  - (A) Control soil pests in sites including fields, forests, golf courses, greenhouses, and individual tree or vine hole sites.
- (2) This category does not include non-soil fumigations covered by (m).
(m) Category M – Non-Soil Fumigation
- (1) Perform pest control using a pesticide labeled as a fumigant to:
  - (A) Fumigate enclosed areas including tarpaulin-covered structures and commodities, vaults, chambers, greenhouses, vans, boxcars, ships, planes, and vehicles, containing:
    1. Agricultural commodities for post-harvest fumigation; or
    2. Nonfood/nonfeed materials including but not limited to pallets; dunnage; furniture; burlap bags; planting medium, including potting soil and potting mix; and wine barrels and corks.
  - (B) Fumigate pest burrows in sites including, but not limited to, fields, rights-of-way, ditches, landscaping, and equipment yards.
  - (C) Fumigate sewer lines, in-service utility poles, or other fumigations not covered by Category L – Soil Fumigation [6530(l)].
- (2) This category does not include structural pest control required to be licensed under Chapter 14 (commencing with Section 8500) of Division 3 of the Business and Professions Code.

NOTE: Authority cited: Sections 11456, 11502, 12203.1, 12976, 14001, 14005, 14102, 14151, and 14153.1, Food and Agricultural Code.

Reference: Sections 11501, 11701, 11704, 12203, 14001, 14015, 14102, and 14153, Food and Agricultural Code.

6531. Maintenance Gardener Pest Control Qualified Applicator Certificate – Subcategory Q.

(a) Maintenance Gardener Pest Control Qualified Applicator Certificate – Subcategory Q allows incidental pest control, including the use of pesticides, in ornamental and turf plantings indoors, in commercial parks, or surrounding structures under a Maintenance Gardener Pest Control Business License issued by the Director pursuant to Food and Agricultural Code section 11704.
(b) This subcategory does not allow the purchase or use of restricted materials listed in section 6400, or direct application to running or standing water.

NOTE: Authority cited: Sections 11456, 11502, 12976, 14001, 14005, 14102, 14151 and 14153.1, Food and Agricultural Code.

Reference: Sections 11501, 11701, 11704, 14001, 14015, 14102 and 14153, Food and Agricultural Code.

6532. Expiration. [Repealed]

NOTE: Authority cited: Sections 407, 11702, 12976 and 14005, Food and Agricultural Code.

Reference: Sections 11501, 11702 and 14001, Food and Agricultural Code.

6534. Refusal, Revocation, and Suspension. [Repealed]

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

Reference: Sections 11501, 14001 and 14102, Food and Agricultural Code.

6536. 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.

Article 4. Pest Control Aircraft Pilot’s Certificate

6540. Apprentice Pilot Supervision.

(a) The journeyman pilot responsible for supervision of an apprentice pilot shall be aware of the conditions at the application site and be available to direct and control the manner in which applications are made by the apprentice. Except as provided in section 6406, the availability of the journeyman shall be directly related to the actual or potential hazard of the situation.
(b) The journeyman pilot shall ensure a means for the apprentice pilot to immediately communicate with the journeyman pilot. This may be in person by voice, two-way radio, cell phone, video conference or other similar means of direct communication. Text messaging, e-mail, voicemail and other means of indirect communication do not meet this requirement.
(c) A manned aircraft apprentice pilot shall be supervised by a manned aircraft journeyman pilot and earn the required hours of operation in a manned aircraft.

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

Reference: Sections 11908 and 11909, Food and Agricultural Code.

6542. Registration.

(a) Each pest control aircraft pilot who registers as an apprentice pilot in any county shall include on the registration form the name of the journeyman pilot responsible for providing supervision of the pest control activities of such apprentice. The journeyman pilot named on the apprentice pilot’s county registration must be currently registered with that county.
(b) The apprentice pilot shall immediately notify the commissioner and amend the registration in the event the journeyman pilot named on the apprentice’s registration is no longer able to provide such apprentice with supervision.

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

Reference: Sections 11921 and 11924, Food and Agricultural Code.

6544. Pesticide Handling by Pilots.

Pilots who operate pest control aircraft shall not transfer, mix or load liquid category one or two pesticides containing organophosphates or carbamates unless a closed system is used.

NOTE: Authority cited: Sections 11456, 11502, 12976 and 12981, Food and Agricultural Code.

Reference: Sections 11502 and 12981, Food and Agricultural Code.

Article 5. Agricultural Pest Control Adviser Licenses

6550. Minimum Qualifications.

(a) A person who has never held an agricultural pest control adviser license shall meet one of the following minimum qualifications:
- (1) Graduated from college with a bachelor’s degree in agricultural sciences, biological sciences, natural sciences, or pest management which includes completing the baccalaureate and/or post-baccalaureate curricula specified in (b); or
- (2) Graduated from an accredited doctoral degree program in agricultural sciences, biological sciences, natural sciences, or pest management; or
- (3) Completed the required curricula specified in (b) and 24 months of technical experience working:
  - (A) for a licensed agricultural pest control adviser;
  - (B) for a pest management specialist including, but not limited to, a farm adviser, certified commercial applicator, certified private applicator, or licensed pest control dealer;
  - (C) as a field sweeper, field checker or scout;
  - (D) as a participant in field or laboratory research activities relating to pest control;
  - (E) as a participant in agricultural pest control/management activities for a federal, state, or county entity;
  - (F) as a qualified applicator licensee pursuant to Division 6, Chapter 8, commencing with Food and Agricultural Code section 12201, employed by a licensed pest control business except that no more than 12 months experience solely in the categories specified in subsections 6530(b) and (k) shall be used;
  - (G) as a licensed structural pest control operator or field representative for a registered structural pest control company except that no more than 12 months experience shall be used;
  - (H) as a farm operator involved in agricultural pest control/management activities; or
  - (I) as an assistant to, or work as, a certified crop adviser accredited by the American Society of Agronomy.
(b) To satisfy the requirements of the college-level curricula specified in (a)(1) and (3), 42 semester or 63 quarter units in the following core-course categories shall be completed with a 2.0 grade-point average or better:
- (1) Physical and Biological Sciences – 12 semester or 18 quarter units in this category which includes introduction to inorganic chemistry, organic chemistry, biochemistry, plant biology or botany, general ecology, biology, genetics, plant physiology, and zoology.
- (2) Crop Health – 9 semester or 13.5 quarter units in this category which includes courses in soils and irrigation, as well as introductory courses in vegetative management or weed science; plant pathology; entomology; plant nutrition or fertility; nematology; and vertebrate management. A current crop adviser certificate accredited by the American Society of Agronomy can count towards 3 semester or 4.5 quarter units.
  - (A) For course titles such as Senior Project, Internship, Cooperative Work Experience, Independent Study, Dissertation, and Thesis, only a total of 3 semester or 4.5 quarter units will be allowed. The applicant shall include a course or project description, and a justification for the course category and principal area of study within the category to be accepted for credit.
- (3) Pest Management Systems and Methods – 6 semester or 9 quarter units in this category, with at least one course emphasizing integrated pest management principles. This category includes applied courses in entomology; plant pathology; vegetation management or weed science; and other pest management disciplines, in addition to biological control and courses related to pesticides, pest control equipment systems, and the use of pesticides. Courses on alternative cropping systems, and sustainable or organic agricultural systems are acceptable.
  - (A) One year of full-time related work experience listed in section 6550(a)(3)(A-I) may be used to fulfill part of this requirement, provided the work experience is not counted towards the 24 months of technical experience specified in (a)(3) or towards credit for production systems work experience in subsection (b)(4)(A). If approved by the Director, 3 semester or 4.5 quarter units will be granted. Documentation of job duties, employment records, a statement from an employer, or other proof of pest management systems and methods work experience shall be submitted to the Director.
  - (B) For course titles such as Senior Project, Internship, Cooperative Work Experience, Independent Study, Dissertation, and Thesis, only a total of 3 semester or 4.5 quarter units will be allowed. The applicant shall include a course or project description, and a justification for the course category and principal area of study within the category to be accepted for credit.
- (4) Production Systems – 6 semester or 9 quarter units in this category which includes horticulture; viticulture; forestry; agronomy; and crop, vegetable, fruit, or animal sciences; or other production systems.
  - (A) One year of full-time related work experience listed in section 6550(a)(3)(H) may be used to fulfill part of this requirement provided the work experience is not counted towards the 24 months of technical experience specified in (a)(3) or towards credit for pest management systems and methods work experience in subsection (b)(3)(A). If approved by the Director, 3 semester or 4.5 quarter units will be granted. Documentation of job duties, employment records, a statement from an employer, or other proof of production systems work experience shall be submitted to the Director.
  - (B) For course titles such Senior Project, Internship, Cooperative Work Experience, Independent Study, Dissertation, Thesis, and Enterprise Project, only a total of 3 semester or 4.5 quarter units will be allowed. The applicant shall include a course or project description, and a justification for the course category and principal area of study within the category to be accepted for credit.
- (5) Electives – An additional 9 semester or 13.5 quarter units in any of the categories in (b)(2-4) above.
(c) The applicant shall submit to the Director the completed Agricultural Pest Control Adviser Core Course and/or Work Experience Requirements for New License Applicants form (PR-PML-085, Rev. 11/07), hereby incorporated by reference, an official transcript verifying the courses completed, and if applicable, documentation for course titles required in subsections (b)(2)(A), (b)(3)(B), or (b)(4)(B), and the degrees granted to the applicant. In addition, an applicant qualifying pursuant to (a)(3) shall submit employment records, a statement from an employer, or other proof of technical experience to the Director.

NOTE: Authority cited: Sections 11456, 12005 and 12024, Food and Agricultural Code.

Reference: Section 12024, Food and Agricultural Code.

6551. Licensing for Public Agencies.

Except as specifically exempted in section 12001 of the Food and Agricultural Code, any person employed by any federal, state, county, or local public agency who provides to that federal, state, county, or local public agency recommendations on any agricultural use must possess a valid agricultural pest control adviser license issued by the Director.

NOTE: Authority cited: Sections 11456 and 12005, Food and Agricultural Code.

Reference: Sections 11501 and 12001, Food and Agricultural Code.

6552. Continued Education Requirements. [Repealed]

NOTE: Authority cited: Sections 407, 12005 and 12024, Food and Agricultural Code.

Reference: Sections 11501 and 12024, Food and Agricultural Code.

6554. Regional Accreditation Committee. [Repealed]

NOTE: Authority cited: Sections 407, 12005 and 12024, Food and Agricultural Code.

Reference: Sections 11501 and 12024, Food and Agricultural Cod.

6556. Recommendations.

In addition to the requirement of Section 12003 of the Food and Agricultural Code, each recommendation shall include:

(a) Total acreage or units to be treated;
(b) Concentration and volume per acre or other units;
(c) Worker reentry interval, if one has been established; preharvest or preslaughter interval; and label restrictions on use or disposition of the treated commodity, by-products or treated area;
(d) Criteria used for determining the need for the recommended treatment; and
(e) Certification that alternatives and mitigation measures that would substantially lessen any significant adverse impact on the environment have been considered and , if feasible, adopted.

In addition, the recommendation shall designate the pest by accepted common name.

NOTE: Authority cited: Sections 11456, 12003 and 12005, Food and Agricultural Code.

Reference: Section 12003, Food and Agricultural Code.

6557. Advisories for Groundwater Protection. [Repealed]

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

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

6558. Recommendation for Use of Nonfumigants in the San Joaquin Valley Ozone Nonattainment Area.

A licensed pest control adviser shall not recommend a use in violation with the provision in section 6884. If a licensed agricultural pest control adviser recommends the use of a high-volatile organic compound nonfumigant product implementing an exception under section 6884(b), the exception must be identified. A pest control adviser must retain a recommendation for a high-volatile organic compound product for at least two years.

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

Reference: Sections 11501, 12003, and 14102, Food and Agricultural Code.

Article 6. Pesticide Dealer Licenses

6560. Supervision. [Repealed]

NOTE: Authority cited: Sections 11456 and 12111, Food and Agricultural Code.

Reference: Sections 11501 and 12103, Food and Agricultural Code.

6562. Dealer Records and Sales Reporting.

(a) Each licensed pest control dealer shall prepare and maintain records of all pesticides sold or delivered, except for pesticides labeled only for home use. For each transaction these records shall include the following:
- (1) The purchaser’s name and address;
  - (A) For any pesticide listed in section 6400:
    - (i) the purchaser’s name must include the name of the business, agency, or operator of the property (if applicable) and the name of the certified private or commercial applicator purchasing the restricted material;
    - (ii) if the purchase is made by a noncertified agent of a certified private or commercial applicator, the record must also record the name of the individual who made the purchase; and
    - (iii) the address must be a residence or business address.
- (2) The product name, U.S. EPA or California Registration Number, the amount, and any applicable FIFRA Section 18 emergency exemption or Section 24(c) special local need number;
- (3) The date of purchase;
- (4) The operator identification number(s) specified in section 6622 on the invoice, or a statement on the invoice indicating that the purchaser was not required to obtain an operator identification number pursuant to section 6622;
- (5) A copy of an agricultural pest control adviser’s written recommendation, or the following statement (or a substantially similar statement) on the invoice or delivery slip supplied to the customer:
  No recommendation has been made by, or provided to, the seller concerning the use of the pesticide covered by this invoice; and
- (6) The location where the pesticide was delivered, including the name of the person who, or business which, received the shipment, if the dealer delivered the pesticide.
(b) The records shall be maintained at the sales office for two years. These records shall be produced for inspection, by purchaser name, upon request by the Director or agricultural commissioner.

NOTE: Authority cited: Sections 11456, 12111, 12976 and 13145, Food and Agricultural Code.

Reference: Sections 11501, 12110 and 13145, Food and Agricultural Code.

6564. Appropriate Products.

Each licensed pest control dealer shall not:

(a) Sell or deliver a pesticide when the requirements of the registered pesticide labeling conflict with the recommendation;
(b) Knowingly sell or deliver a registered pesticide for a use not shown in the labeling, or when any condition of use shown in the labeling cannot be complied with; and
(c) Sell or deliver a pesticide listed in section 6400 to a certified private or commercial applicator whose category(ies) or scope of certification do not allow for the intended pesticide use.

NOTE: Authority cited: Sections 11456 and 12111, Food and Agricultural Code.

Reference: Sections 12971 and 12973, Food and Agricultural Code.

6566. Supplemental Labeling.

When a recommended pesticide usage is included only in registered supplemental labeling, both the written recommendation, if any, and such registered supplemental labeling shall be delivered by the dealer to the applicator in sufficient time to allow him to prepare properly for the application.

NOTE: Authority cited: Sections 11456 and 12111, Food and Agricultural Code.

Reference: Sections 11501 and 12973, Food and Agricultural Code.

6568. Dealer Responsibilities.

(a) Each licensed pest control dealer that sells a restricted material which requires a permit for its use or possession shall, before sale or delivery, obtain a copy of the permit.
(b) A restricted material specified in section 6400(a) (federally restricted use) or in section 6400(d) (potential to pollute groundwater) that does not require a permit for possession or use shall be sold or delivered only to a certified private or commercial 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 is considered a certified applicator for the purpose of this subsection. The dealer shall, before sale or delivery, obtain from the purchaser a copy of his or her certified private or commercial applicator license or certificate, or a signed statement in substantially the following form:

I am a certified applicator authorized by the scope of my
_________________________________________________________________________________________
                                                            (license/certificate type)
license/certification No._______________ issued by _______________to use the restricted material(s) I am purchasing.
My certificate/license is valid until_______________________________________.
                                                                           (Date)
My category(ies) relevant to this pesticide’s intended use are: _______________________________________.
Name of the business, agency, or operator of the property that I am employed by (if applicable):
____________________________________________________________________________________________
_______________________________________________________ ________________________________
(Certified Applicator)                                                                    (Date)
(c) Prior to the sale or delivery of pesticides listed in section 6622 to the operator of the property (or the operator’s authorized representative), the dealer shall obtain from the purchaser a copy of the restricted materials permit showing all operator identification numbers, if the purchaser has such a permit; or a copy of the form issued to an operator of the property pursuant to section 6622.
(d) The dealer shall send a list of the operator identification numbers with corresponding names of persons purchasing pesticides during the quarter, within 10 days following the end of each quarter of the calendar year, to each of the commissioners who issued the numbers. The dealer is not required to send the list to the commissioner of the county in which the dealer is located.
(e) The dealer shall retain for two years a copy of each form specified in section 6622, permit, or signed statement that pesticide purchaser provided to the dealer.

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

Reference: Sections 11501, 14006, 14010 and 14035, Food and Agricultural Code.

6570. Groundwater Protection Materials Requirements. [Repealed]

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

Reference: Sections 11501 and 13145, Food and Agricultural Code.

6572. Sales Reporting. [Repealed]

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

Reference: Section 13145, Food and Agricultural Code.

6574. Antifouling Paints or Coatings Containing Tributyltin-Dealer Requirements.

(a) Antifouling paints or coatings containing tributyltin shall be sold only for the following purposes:
- (1) For application to aluminum vessel hulls;
- (2) For application to vessel hulls 82 feet or more in length; or
- (3) For application to outboard motors or lower drive units.
(b) Prior to sale, the dealer shall secure a copy of the vessel registration to verify the use requirements of (a)(1) or (2). If no vehicle registration exists, or the paint or coating will be applied to an outboard motor or lower drive unit, the dealer shall secure a sworn statement to verify the use requirements of (a)(1), (2), or (3). The sworn statement shall be made in substantially the following form:

I, (name of purchaser), declare under penalty of perjury that the antifouling paint or coating containing tributyltin that I am purchasing 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 unit. The serial number of the vessel is (number).
___________________________________________________________
(Signature of Purchaser) (Date)
(c) The dealer shall prepare and maintain the following records for all sales of antifouling paints that contain tributyltin:
- (1) Name and address of vessel owner;
- (2) Name and certificate or license number of the certified commercial applicator and location of vessel where application is to be made;
- (3) Date of sale;
- (4) Quantity sold; and
- (5) A copy of the vessel registration or sworn statement verifying the vessel length, vessel hull composition requirements, or intended use on an outboard motor or lower drive unit and registration number. If no registration number exists, the vessel serial number shall be included.
(d) The dealer shall maintain the records specified in (c) in a separate log of sales for two years, and the records shall be readily accessible to the director and the commissioner upon request.

NOTE: Authority cited: Sections 12111 and 14005, Food and Agricultural Code.

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

6576. Sales Limitation of Clopyralid.

Prior to sale of a pesticide containing the active ingredient clopyralid for which use restrictions have been established in section 6950, the licensed pest control dealer shall obtain and retain for two years a signed statement from a licensed or certified qualified applicator in substantially the following form:

I, _____________(print name of purchaser)_____________, certify that my employees or I will not apply any product containing clopyralid to a residential lawn, and will only apply clopyralid to sites where I can assure the collected grass clippings will remain on the property.

Name of Product: __________________________________ EPA Reg. No.: _______________

Under penalty of perjury, the foregoing statement is true and my employees or I will not apply any pesticide containing the active ingredient clopyralid for lawn and turf uses as defined in Food and Agricultural Code section 13190(e) except in accordance with the listed applicator responsibility requirements.

___________________________ ____________________ _______ _____________

Signature of Qualified Applicator License or Certificate No. Category Expiration Date

__________________

Date of Purchase

NOTE: Authority cited: Sections 11456, 12111, 12781, 12976, and 14102, Food and Agricultural Code.

Reference: Sections 12824, 13191, and 13192, Food and Agricultural Code.

6577. Sales of Nonfumigants for Use in the San Joaquin Valley Ozone Nonattainment Area.

(a) When sale of a high-volatile organic compound (VOC) nonfumigant product with agricultural uses, specified in the Annual Volatile Organic Compound Emissions Inventory Report required in section 6881, is made to or for the operator of the property with an operator identification number issued by a county agricultural commissioner in the San Joaquin Valley ozone nonattainment area, the licensed pest control dealer shall provide the following VOC information, in writing, at time of purchase or delivery:
High-volatile organic compound nonfumigant products containing abamectin, chlorpyrifos, gibberellins, or oxyfluorfen as a primary active ingredient are subject to additional use restrictions during May 1 through October 31 when used in the San Joaquin Valley ozone nonattainment area on the following crops: alfalfa, almond, citrus, cotton, grape, pistachio, and walnut. Use prohibitions that may apply are found in Title 3, California Code of Regulations, section 6884. The operator of the property must obtain a written recommendation of a licensed pest control adviser prior to use on these crops during this time period.
(b) In addition to the requirements in section 6562, each licensed pest control dealer shall indicate on the invoice that the information required in (a) was provided.

NOTE: Authority cited: Sections 11456 and 12111, Food and Agricultural Code.

Reference: Section 11501, Food and Agricultural Code.

Article 7. Private Applicators

6580. Initial Application.

(a) An application for a new private applicator certificate shall be made on the Private Applicator Certificate Application form LIC-045 (Rev. 07/23), hereby incorporated by reference, and submitted to the county agricultural commissioner. No application fee is required.
(b) All applicants shall pass the private applicator written examination before being issued a private applicator certificate.

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

Reference: Sections 14091, 14092, and 14095, Food and Agricultural Code.

6580.1. Examinations.

(a) Applicants for a private applicator certificate shall demonstrate by written examination practical knowledge of California pesticide laws and regulations and the minimum federal standards for private applicators detailed in Title 40 of the Code of Federal Regulations Part 171 section 171.105(a) (July 1, 2019), hereby incorporated by reference.
(b) In addition to the requirements in (a), private applicators that seek to use or supervise the use of a pesticide listed in section 6400 labeled as a fumigant to control burrowing vertebrate pests, such as rodents, shall demonstrate by written examination practical knowledge associated with performing these fumigations. The examination shall include at a minimum:
- (1) Knowledge of the format, instructions, and requirements specific to fumigant labeling for burrowing vertebrate pests.
- (2) Measures to ensure safe use of fumigants for burrowing vertebrate pests and minimize adverse health effects, including:
  - (A) How to prevent common problems and mistakes that can result in direct exposure;
  - (B) Potential signs and symptoms of human exposure;
  - (C) What air concentrations or application conditions require certified private applicators or handlers to wear respirators and when to exit the work area entirely;
  - (D) Steps to take if an individual experiences sensory irritation;
  - (E) Air monitoring requirements and procedures including when and where to take samples;
  - (F) First aid measures in the event of exposure; and
  - (G) Requirements for transportation, storage, spill clean-up, and emergency response. This includes the management and safe disposal of containers and contaminated materials.
- (3) Chemical characteristics of fumigants for burrowing vertebrate pests, including:
  - (A) How the fumigant changes to a gas;
  - (B) Specific human exposure concerns;
  - (C) How fumigants disperse in the application zone; and
  - (D) Compatibility with application equipment.
- (4) Selecting application methods and timing for fumigation of burrowing vertebrate pests, including:
  - (A) Common application methods and equipment;
  - (B) Site characteristics that can influence exposure;
  - (C) Conditions that could impact the timing of application (including air stability, air temperature, humidity, and wind currents) and labeling statements limiting applications; and
  - (D) Pre-application inspection of the equipment and site.
- (5) Pest factors that influence fumigant activity for burrowing vertebrate pests, including:
  - (A) Fumigant movement through the treated area and into the air;
  - (B) Proper identification of burrowing vertebrate pests; and
  - (C) Proper application rate and timing for the targeted burrowing vertebrate pest population.
- (6) Required personal protective equipment for burrowing vertebrate pest fumigants, including:
  - (A) Product labeling requirements and regulations for personal protective equipment;
  - (B) Procedures for selecting, inspecting, using, caring for, replacing, and disposing of personal protective equipment;
  - (C) When a respirator is required; and
  - (D) Requirements for respiratory protection including medical evaluation and fit testing prior to respirator use, training, and recordkeeping.
- (7) Recordkeeping requirements for burrowing vertebrate pest fumigants, including:
  - (A) When a fumigant management plan is required, its elements, resources available to prepare it, the person responsible for verifying its accuracy, where it shall be during the application, who shall have access to it, and how long it must be on file.
- (8) Posting requirements for burrowing vertebrate pest fumigants, including:
  - (A) Who is allowed or prohibited from being in an area during and after fumigation; and
  - (B) Posting requirements of fumigant labeling and section 6776, including proper signage, placement, and when signs shall be posted and removed.
(c) An applicant for a private applicator examination must be at least 18 years old and present at the time of examination valid, government-issued photo identification as proof of identity and age.
(d) Private applicator examinations must be presented and answered in writing.

Note: Authority cited: Sections 11456 and 11502, Food and Agricultural Code.

Reference: Sections 14091, 14092 and 14095, Food and Agricultural Code.

6580.2. Certificate Issuance.

(a) A passing score of 70 percent or above is required to demonstrate practical knowledge for the examinations specified in section 6580.1.
(b) Applicants who pass the examinations listed in section 6580.1(a) shall be issued a private applicator certificate to use or supervise the use of restricted materials listed in section 6400, excluding fumigants.
(c) Applicants who meet the requirements in subsection (b) and pass the examination listed in section 6580.1(b) shall be issued an additional certification to use or supervise the use of pesticides listed in section 6400 that are labeled as a fumigant and labeled for control of burrowing vertebrate pests.
(d) Notwithstanding section 6500, the commissioner, or Director in a county where there is no county agricultural commissioner, shall issue a private applicator certificate for a period of up to three years in accordance with Food and Agricultural Code section 14095.

Note: Authority cited: Sections 11456 and 11502, Food and Agricultural Code.

Reference: Sections 14091, 14092 and 14095, Food and Agricultural Code.

6582. Certificate Renewal.

(a) A certified private applicator who elects to renew his/her certificate shall:
- (1) Submit a Private Applicator Certificate Application form LIC-045 (Rev. 07/23), hereby incorporated by reference, to the county agricultural commissioner no sooner than 120 days prior to, and no later than 90 days after, the expiration date; and
- (2) Complete continuing education requirements as specified in section 6584 during the time the certificate is valid, or demonstrate practical knowledge through passing the written private applicator certificate reexamination covering the topics specified in section 6580.1(a), and section 6580.1(b) if applicable.
(b) A certified private applicator who has not renewed his/her private applicator certificate within the timeframe specified in (a)(1) shall be required to take and pass the private applicator reexamination before being issued a certificate.
(c) All private applicator certificates issued prior to January 1, 2024 will be invalid on their expiration date and shall not be eligible for renewal.
- (1) Individuals who seek to continue conducting pest control activities as a private applicator must take and pass the initial private applicator certificate examination, in accordance with section 6580.1(a).
- (2) Subsection (c) does not apply to individuals who take and pass the initial private applicator examination, in accordance with section 6580.1(a), on or after October 1, 2022.

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

Reference: Sections 14093 and 14096, Food and Agricultural Code.

6584. Continuing Education Requirements.

(a) Private applicator certificate holders who elect to renew their certification by obtaining continuing education shall have completed the following hours pertaining to the topic areas as described in section 6512(b)(1) and (3):
- (1) Each private applicator whose certificate has been valid for less than 12 months at the time of renewal is exempt from continuing education requirements applicable to the certificate.
- (2) Each private applicator whose certificate has been valid for 12 months to 24 months at the time of renewal shall have completed a minimum of four hours on pest management and pesticides, including a minimum of two hours pertaining to pesticide laws and regulations.
- (3) Each private applicator whose certificate has been valid for more than 24 months and up to 36 months at the time of renewal shall have completed a minimum of six hours on pest management and pesticides, including a minimum of two hours pertaining to pesticide laws and regulations.
(b) The continuing education shall have been obtained in a course approved pursuant to section 6512.
(c) Records of continuing education completed must be maintained in accordance with subsections 6513(b) and (c).

NOTE: Authority cited: Sections 11456, 11502, and 11502.5, Food and Agricultural Code.

Reference: Section 14096, Food and Agricultural Code.

Subchapter 2. Work Requirements (§6600-6695)

Article 1. Pest Control Operations Generally

6600. General Standards of Care.

Each person performing pest control shall:

(a) Use only pest control equipment which is in good repair and safe to operate.
(b) Perform all pest control in a careful and effective manner.
(c) Use only methods and equipment suitable to insure proper application of pesticides.
(d) Perform all pest control under climatic conditions suitable to insure proper application of pesticides.
(e) Exercise reasonable precautions to avoid contamination of the environment.

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

Reference: Section 11501, Food and Agricultural Code.

6601. General Application of Standards.

(a) Whenever pesticide product labeling requires the use of personal protective equipment or specifies other restrictions or procedures be followed, the application of that labeling requirement to an owner or operator of the property to be treated, their families, and others, shall be consistent with any applicable standards for employees in Subchapter 3, commencing with Section 6700.
(b) It is not the intent of these regulations to require separate or duplicate equipment or facilities. Equipment and facilities provided for compliance with the requirements of other agencies may also be used for complying with these regulations provided the equipment and facilities meet the requirements of these regulations.

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

Reference: Sections 11501, 12973 and 12980, Food and Agricultural Code.

6602. Availability of Labeling.

A copy of the registered labeling that allows the manner in which the pesticide is being used shall be available at each use site.

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

Reference: Section 11501 and 12973, Food and Agricultural Code.

6604. Accurate Measurement.

Concentrate pesticides shall be weighed or measured accurately using devices which are calibrated to the smallest unit in which the pesticide is being weighed or measured.

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

Reference: Section 11501, Food and Agricultural Code.

6606. Uniform Mixture.

A uniform mixture shall be maintained in both application and service rigs.

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

Reference: Section 11501, Food and Agricultural Code.

6608. Equipment Cleaning.

Pest control equipment shall be thoroughly cleaned when necessary to prevent illness or damage to persons, plants or animals from residues of pesticides previously used in the equipment.

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

Reference: Section 11501, Food and Agricultural Code.

6609. Wellhead Protection

(a) Except as provided in subsection (b), the following activities shall be prohibited within 100 feet of a well (including domestic, municipal, agricultural, dry or drainage, monitoring, or abandoned wells):
- (1) mixing, loading, and storage of pesticides.
- (2) rinsing of spray equipment or pesticide containers.
- (3) maintenance of spray equipment that could result in spillage of pesticide residues on the soil.
- (4) application of preemergent herbicides.
(b) Wells shall not be subject to the requirements in (a) if they are:
- (1) sited so that runoff water from irrigation or rainfall does not move from the perimeter of the wellhead toward the wellhead and contact or collect around any part of the wellhead including the concrete pad or foundation; or
- (2) protected by a berm constructed of any material sufficient to prevents movement of surface runoff water from the perimeter of the wellhead to the wellhead.
(c) Application of preemergent herbicides shall be prohibited between the berm and the wellhead.

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

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

6610. Backflow Prevention.

Each service rig and piece of application equipment that handles pesticides and draws water from an outside source shall be equipped with an air-gap separation, reduced pressure principle backflow prevention device or double check valve assembly. Backflow protection must be acceptable to both the water purveyor and the local health department.

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

Reference: Section 11501, Food and Agricultural Code.

6612. Age.

A person shall not permit a minor under 18 years of age to:

(a) Handle any pesticide identified as a restricted material in section 6400.
(b) Mix or load a pesticide which, in any use situation, use of any of the following is required by labeling or regulation:
- (1) air supplied respiratory protection;
- (2) closed systems including closed transfer or mixing systems; or
- (3) full body chemical resistant protective clothing.

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

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

6614. Protection of Persons, Animals, and Property.

(a) An applicator prior to and while applying a pesticide shall evaluate the equipment to be used, meteorological conditions, the property to be treated, and surrounding properties to determine the likelihood of harm or damage.
(b) Notwithstanding that substantial drift would be prevented, no pesticide application shall be made or continued when:
- (1) There is a reasonable possibility of contamination of the bodies or clothing of persons not involved in the application process;
- (2) There is a reasonable possibility of damage to nontarget crops, animals, or other public or private property; or
- (3) There is a reasonable possibility of contamination of nontarget public or private property, including the creation of a health hazard, preventing normal use of such property. In determining a health hazard, the amount and toxicity of the pesticide, the type and uses of the property and related factors shall be considered.

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

Reference: Sections 11501 and 11791, Food and Agricultural Code.

No person shall directly discharge a pesticide onto a property without the consent of the owner or operator of the property.

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

Reference: Section 11501, Food and Agricultural Code.

6618. Notice of Applications.

(a) This subsection applies to the use of any pesticide for the commercial or research production of an agricultural plant commodity. Notifications required by this subsection must be given orally or in writing and completed prior to the use of any pesticide and in ample time for all subsequent notifications to be made and for all persons notified to take appropriate action. This time will differ depending on the circumstances of each notification.
- (1) Each person performing pest control shall assure that the operator of the property to be treated receives notice of the scheduled application. The notice must be in a manner the person can understand and include:
  - (A) The date(s), start time(s), and estimated end time(s) of the scheduled application;
  - (B) The location and description of the field to be treated;
  - (C) The pesticide product name(s), U.S. EPA registration number(s), and active ingredient(s);
  - (D) Spray adjuvant product name(s) and California registration number(s), if applicable;
  - (E) The applicable restricted entry interval;
  - (F) If the pesticide product labeling requires the posting of treated fields, oral notification, or both; and
  - (G) Any other precautions printed on the pesticide product labeling, or included in applicable laws and regulations, related to the protection of employees or other persons during or after application.
- (2) If there is a change in the notice of the scheduled application specified in (a)(1), each person performing pest control shall assure that the operator of the property receives notice of this change prior to the application.
- (3) The operator of the property shall assure that notice of the scheduled application is given to employees covered under section 6700 (which includes fieldworkers) and their employers working on the operator’s property except as provided in (a)(5). The operator of the property is not required to provide notice to persons who will apply the pesticide(s) or supervise the application for which the notice is intended.
- (4) Any employer notified of a scheduled application by the operator of the property shall assure that notice of the scheduled application is given to his or her employees working on the operator’s property except as provided in (a)(5).
- (5) The notice specified in subsections (a)(3) and (4) is not required to be given to an employee covered under section 6700 (which includes fieldworkers) or their employer if the operator of the property can assure that:
  - (A) The field to be treated is posted pursuant to section 6776(b-f), unless the pesticide product labeling requires both oral notification and the posting of treated fields; or
  - (B) From the start of the application and until the notice of completion pursuant to section 6619(c) is received, the employee or employer will not enter or walk within ¼ mile of the field to be treated.
- (6) The operator of the property shall assure that notice is given to persons, other than those specified in subsection (a)(3), whom the operator of the property has prior knowledge that he or she will likely enter the field to be treated on the date of the application or while the restricted entry interval is in effect. This notice is not required when a field to be treated is posted as specified in section 6776(b-f).
- (7) The notices specified in subsection (a)(3), (4), and (6) must be in a manner the person can understand and include:
  - (A) The date of the scheduled application;
  - (B) The location and description of the field to be treated; and
  - (C) Instructions not to enter the field to be treated and its application exclusion zone pursuant to section 6762 until authorized by the operator of the property.
- (8) If there is a change in the date of the scheduled application specified in (a)(7)(A), then a new notice must be provided to persons specified in (a)(3), (4), and (6) prior to the application.
(b) This subsection applies to the use of any pesticide for purposes other than the commercial or research production of an agricultural plant commodity. Notifications required by this subsection must be given orally or in writing and be completed prior to the use of any pesticide and in ample time for all subsequent notifications to be made and for all persons notified to take appropriate action. This time will differ depending on the circumstances of each notification.
- (1) Each person performing pest control shall assure that the operator of the property receives notice of the scheduled application. The notice must be in a manner the person can understand and include:
  - (A) The date of the scheduled application;
  - (B) The identity of the pesticide (including spray adjuvants, if applicable) by brand or common chemical name; and
  - (C) Any other precautions printed on the pesticide product labeling or included in applicable laws or regulations related to the protection of employees or other persons during the application.
- (2) The operator of the property shall assure that notice is given to all persons who are on the property to be treated, or who may enter during the application or the period of time that any restrictions on entry are in effect, except for the persons who made or supervised the application for which the notice is intended. The notice must be in a manner the person can understand and include:
  - (A) The date of the scheduled application;
  - (B) The identity of the pesticide (including spray adjuvants, if applicable) by brand or common chemical name; and
  - (C) Precautions to be observed as printed on the pesticide product labeling or included in applicable laws or regulations related to the entry of the treated area.
- (3) Compliance by licensed Structural Pest Control Operators with the notice requirements of section 8538 of the Business and Professions Code meets the requirements of this subsection.
- (4) Compliance by public agencies with the notice or barrier requirements of section 12978 of the Food and Agricultural Code meets the notice requirements of this subsection.

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

Reference: Sections 11501, 12980, and 12981, Food and Agricultural Code; and Section 8538, Business and Professions Code.

6619. Notice of Completed Applications.

(a) Any person applying pesticides for the commercial or research production of an agricultural plant commodity shall assure that the operator of the property treated receives notice, orally or in writing, and within 24 hours of completion of the pesticide application. This notice must include the following information:
- (1) The location of the property, including the site identification number, and acreage treated;
- (2) The pesticide product name(s), U.S. EPA registration number(s), and active ingredient(s);
- (3) Spray adjuvant product name(s) and California registration number(s), if applicable;
- (4) The date(s) and time(s) the application started and ended; and
- (5) The applicable reentry and pre-harvest intervals, unless a copy of a written recommendation for the subject application made by a licensed agricultural pest control adviser, properly completed, was given to the operator of the property treated.
(b) The operator of the treated property shall maintain a written record of the application(s) on their property. These records must include the notice information specified in (a)(1-5).
(c) The operator of the property shall assure that notice of completed application is given to employees covered under section 6700 (which includes fieldworkers) and their employers except as provided in (e). The operator of the property is not required to provide notice to persons who will apply the pesticide(s) or supervise the application for which the notice is intended.
(d) Any employer who receives the notice of completed application from the operator of the property shall assure that notice of completed application is given to his or her employees except as provided in (e).
(e) The notices specified in subsections (c) and (d) are not required to be given to an employee covered under section 6700 (which includes fieldworkers) or their employer if the operator of the property can assure that:
- (1) The field is posted pursuant to section 6776(b-f), unless the pesticide product labeling requires both oral notification and posting of treated fields; or
- (2) During the restricted entry interval, that employee or employer will not enter or walk within ¼ mile of the treated field.
(f) The notices specified in subsections (c) and (d) must be given orally or in writing and in a manner the person can understand and include:
- (1) The location and description of the treated field;
- (2) The time during which entry is restricted; and
- (3) Instructions not to enter the treated field until the restricted entry interval has expired, except as provided in section 6770.
(g) The operator of the property shall assure that notice is given orally or in writing to persons, other than those specified in subsection (c), whom the operator of the property has prior knowledge that he or she will likely enter the treated field during the restricted entry interval. This notice is not required when a field is posted as specified in section 6776(b-f). The notice must be in a manner the person can understand and include:
- (1) The location and description of the treated field;
- (2) The time during which entry is restricted; and
- (3) Instructions not to enter the treated field until the restricted entry interval has expired.
(h) A pest control business shall maintain a written record that documents the following:
- (1) The name of the operator of the property treated;
- (2) The location of the property, including the site identification number;
- (3) The date and time the notice of completed application was given; and
- (4) The method of notification, including the name of the person notified, if a person was notified.
(i) The records required pursuant to this section must be retained for two years and made promptly available to the director or commissioner upon request.

NOTE: Authority cited: Sections 11456, 12796, and 12981, Food and Agricultural Code.

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

6620. Vector Control Exemption.

(a) Sections 6616 (Consent to Apply) and 6618 (Notice) shall not apply to a public agency or its contractor operating under a cooperative agreement with the Department of Public Health pursuant to section 116180 of the Health and Safety Code.
(b) Section 6614(b)(1) (Protection of Persons, Animals and Property) shall not apply to persons or agencies specified in this Section when the pesticide used is registered for use in residential areas for purposes of vector control and is used in accordance with that registered labeling.
(c) These exemptions are not intended to affect liability for damage as a result of an application made pursuant to this Section.

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

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

6621. Public Health Exemption.

When a local health officer declares a local health emergency or the Director of the Department of Public Health declares a health emergency pursuant to Health and Safety Code section 101080, sections 6616 (Consent to Apply) and 6618 (Notice) shall not apply to a public agency or its contractor responding to the local health emergency or health emergency during the duration of the declared emergency.

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

Reference: Sections 11501, Food and Agricultural Code.

6622. Operator Identification Numbers.

(a) A person performing pest control for hire is exempt from the requirements of this section.
(b) This subsection applies to the production of an agricultural commodity. Prior to the purchase and use of registered pesticide(s) for the production of an agricultural commodity, the operator of the property (or the operator’s authorized representative) shall obtain an operator identification number from the commissioner of each county where pest control work will be performed. The operator shall provide each pest control business applying pesticides to such property with his or her operator identification number.
(c) This subsection applies to the registered pesticides listed below, when they are not used for the production of an agricultural commodity (e.g., uses on cemeteries, golf courses, parks, right-of-way, post-harvest agricultural commodities, and certain nonagricultural sites). Prior to the purchase and use of registered pesticides listed below, each operator of the property (or the operator’s authorized representative), shall obtain an operator identification number from the commissioner of each county in which the operator intends to perform pest control. The operator of the property is not required to obtain an operator identification number when a person performing pest control for hire purchases and applies these pesticides.
- (1) Any pesticide intended for agricultural use, as defined in Food and Agricultural Code section 11408, excluding those for use only on livestock, as defined in Food and Agricultural Code section 18663;
- (2) Any pesticide listed in section 6400;
- (3) Any pesticide for industrial use as a post-harvest commodity treatment; and
- (4) Any pesticide listed in section 6800(b) for any outdoor institutional or outdoor industrial use.
(d) This subsection applies to both subsection (b) and (c).
- (1) Each operator of the property to be treated who is required to obtain a number shall provide the commissioner with a list of the counties in which pest control will be performed and all valid operator identification number(s) issued by other commissioners. The number(s) provided by the operator of the property shall be recorded by the commissioner on the operator’s restricted materials permit or on a form approved by the Director.
- (2) The operator of the property to be treated shall be issued an operator identification number from the commissioner of each county in which the operator intends to perform pest control. The number shall be recorded on a restricted materials permit, if the operator of the property has such a permit, or issued on a form approved by the Director, and shall be valid for a specified period not to exceed 36 months.
- (3) The requirements of this section do not exempt an operator of the property to be treated from obtaining a restricted materials permit(s) or a certified private or commercial applicator license or certificate.

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

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

6623. Site Identification Numbers.

(a) Prior to the use of pesticide(s) for the production of an agricultural commodity, the operator of the property shall obtain site identification number(s) from the commissioner for each site where pest control work will be performed. The site identification number(s) shall be valid for the same, concurrent, period of time as the operator identification number.
(b) The site identification number(s) shall be recorded by the commissioner on a restricted materials permit, if the operator of the property has such a permit, or on a form approved by the director. The information on the permit or form shall include:
- (1) The name and address of the operator of the property;
- (2) The operator identification number;
- (3) The location, description, or map of the site(s) where the pest control will be performed;
- (4) A site identification number for each site where the pest control will be performed; and
- (5) The date of issuance of the site identification number(s).
(c) The operator of the property shall retain a copy of each restricted material permit or form for two years and make them promptly available to the director or commissioner upon request.

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

Reference: Sections 12981, 14006, and 14011.5, Food and Agricultural Code.

6624. Pesticide Use Records

(a) The following persons shall maintain records of pesticide use:
- (1) Any person who uses a pesticide for an agricultural use as defined in Food and Agricultural Code section 11408, other than use on livestock as defined in Food and Agricultural Code section 18663;
- (2) Any person who uses a pesticide listed in section 6400;
- (3) Any person engaged for hire in the business of pest control;
- (4) Any person who uses a pesticide for industrial post-harvest commodity treatment; and
- (5) Any person who uses a pesticide listed in section 6800(b) for any outdoor institution or outdoor industrial use.
(b) The records shall include the following information for each pest control operation:
- (1) Date and time of the application;
- (2) Name of the operator of the property treated;
- (3) Location of property treated;
- (4) Crop commodity, or site treated;
- (5) Total acreage or units treated at the site; and
- (6) Pesticide, including the U.S. Environmental Protection Agency (U.S. EPA) or State registration number which is on the pesticide label, and amount used.
(c) In addition to the information required in subsection (b), the operator of the property which is producing an agricultural commodity, and an agricultural pest control business applying pesticides to such property, shall include in the records the following information for each pest control operation:
- (1) Location of the property treated, by county, section, township, range, base and meridian;
- (2) Date and time the treatment started and ended;
- (3) The operator identification number issued to the operator of the property treated;
- (4) The site identification number issued to the operator of the property treated;
- (5) Method of application;
- (6) Total acreage (planted) or units at the site; and
- (7) Name or identity of the person(s) who made and supervised the application, if the pesticide application was made by an agricultural pest control business.
- (8) For an application of 1,3-Dichloropropene, the field fumigation method code referenced in “1,3-Dichloropropene Field Fumigation Requirements, est. January 1, 2024,” hereby incorporated by reference.
(d) The operator of the property which is producing an agricultural commodity shall maintain records of pesticides applied by an agricultural pest control business to such property, by site.
(e) In addition to the information required in (b), persons engaged for hire in the business of pest control at a school site [defined in Education Code section 17609(e)] shall include in the records the following information for each pest control operation:
- (1) Time application was completed;
- (2) Name and address of the school site; and
- (3) Application location at the school site. For purposes of this subsection, location includes, but is not limited to, classrooms, playgrounds, cafeteria, vehicles, and athletic fields.
(f) In addition to the information required in subsections (b) and (c), persons who use methyl bromide, 1,3-Dichloropropene, chloropicrin, metam-sodium, N-methyl dithiocarbamate (metam-potassium), dazomet, or sodium tetrathiocarbonate field fumigants within the Sacramento Metro, San Joaquin Valley, South Coast, Southeast Desert, or Ventura ozone nonattainment areas shall include in the records a description of the method of application pursuant to sections 6446.1, 6447.3, 6448.2, 6449.1, 6450.1, 6450.2, 6451.1, or 6452.
(g) The records required pursuant to this section shall be retained for two years and made promptly available to the Director or commissioner upon request.

NOTE: Authority cited: Sections 12976, 13145, 13188, and 14005, Food and Agricultural Code.

Reference: Sections 11501, 11708, 11733, 13186, 14006, and 14011.5, Food and Agricultural Code.

6624.5. Commercial Applicator Restricted Material Use Records.

Except as specified in Title 16, California Code of Regulations section 1970, when a restricted material specified in section 6400 is used by or under the supervision of a certified commercial applicator the following must be recorded on, or as an attachment to, the pesticide use record required by section 6624:

(a) The address of the person for whom the restricted material was used, unless the operator of the property’s restricted material permit number or operator identification number is recorded on the pesticide use record;
(b) The certified commercial applicator’s name and license or certificate number;
(c) The name of any noncertified applicator(s), as specified in section 6406(a), using the restricted material under the certified commercial applicator’s direct supervision; and
(d) Physical address, including city and state, where records pursuant to subsections (d)(1) or (e) of section 6724 are kept for each noncertified applicator.

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

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

6625. Pesticide Use Report for School Sites and Child Day Care Facilities.

(a) In addition to the reporting requirements of section 6627, persons engaged for hire in the business of pest control at a school site and required to maintain pesticide use records pursuant to section 6624 shall report the use of pesticides to the Director. The report shall be submitted, at least annually, by the 30th day following the end of the calendar year.
(b) The report shall be on a Department form, School Site and Child Day Care Facility Pesticide Use Reporting by a Business (DPR-ENF-117 Rev. 12/16), hereby incorporated by reference, or in a format approved by the Director. The report shall include the following:
- (1) The name and address of the person who, or business/organization which, applied the pesticide(s);
- (2) County where the pest control was performed;
- (3) Date and time of pesticide use;
- (4) Name and address of school site/child day care facility or school site/child day care facility identification number;
- (5) Location of application;
- (6) Pesticide, including the U.S. Environmental Protection Agency or State registration number which is on the pesticide label, and the amount used.

NOTE: Authority cited: Sections 11456, 11502, 12976, 13145, 13188, and 14005, Food and Agricultural Code.

Reference: Sections 11501, 11708, 11733, 13186, 14006, and 14011.5, Food and Agricultural Code.

6626. Pesticide Use Reports for Production Agriculture.

(a) The operator of the property which is producing an agricultural commodity shall report the use of pesticides applied to the crop, commodity, or site to the commissioner of the county in which the pest control was performed. This report must be submitted by the 10th day of the month following the month in which the work was performed. This report is not required if the pesticide use is reported to the commissioner by a pest control business as specified in subsection (b); however, the operator of the property treated, shall retain a copy of the business’ report by site for two years.
(b) An agricultural pest control business shall report the use of pesticides applied by it for the production of an agricultural commodity to the commissioner of the county in which the pest control was performed. This report must be submitted within seven days of completion of the pesticide application. A copy of the report shall be sent by the business to the operator of the property where the pest control was done within 30 days of completion of the pesticide application.
(c) Each report of pesticide use pursuant to this section shall be on a department form or in a format approved by the director. Acceptable department forms include form 38-017 for an operator of the property to report pursuant to subsection (a), and 39-025 for an agricultural pest control business to report pursuant to subsection (b). The information to be reported shall include the information specified in section 6624, and the name and address of the agricultural pest control business which made the application, if such a business made the application.
(d) A use report required by (a) or (b) for the application of a field soil fumigants in the Sacramento Metro, San Joaquin Valley, South Coast, Southeast Desert, and Ventura ozone nonattainment areas shall include the information specified in 6624(f) in addition to that required by this section.
(e) If the report is mailed, the postmark shall be the date of delivery.
(f) If the county in which work was performed has no commissioner, the report shall be made to the director.
(g) A use report required by subsections (a) or (b) for field soil fumigations using 1,3-Dichloropropene must include the field fumigation method code referenced in “1,3-Dichloropropene Field Fumigation Requirements, est. January 1, 2024,” hereby incorporated by reference. Subsection (d) does not apply if a use report is submitted under this subsection.
- (1) A use report for 1,3-Dichloropropene must be submitted electronically in a manner specified by the commissioner.
- (2) The Department shall post a summary of 1,3-D pesticide use report data on its Web site including summary data by county, township, month, crop, and fumigation method. The available data shall be posted at least quarterly as soon as reasonably practicable.

NOTE: Authority cited: Sections 11456, 11502, 12976, 13145, and 14005, Food and Agricultural Code.

Reference: Sections 11501, 11708, 11733, 14006, and 14011.5, Food and Agricultural Code.

6627. Monthly Summary Pesticide Use Reports.

(a) Except as provided in section 6626, persons required to maintain pesticide use records pursuant to section 6624 shall report a summary of the monthly use of pesticides to the commissioner of the county in which the work was performed. The report shall be provided to the commissioner by the 10th day of the month following the month in which the work was performed. If the report is mailed, the postmark shall be the date of delivery.
(b) The report shall be in a format approved by the director. The report shall include the following:
- (1) The name and address of the person who or business/organization which applied the pesticide(s);
- (2) County where the pest control was performed;
- (3) Month and year of pesticide use;
- (4) Crop, commodity or site treated, except when using a designated use code, as specified on the Monthly Summary Pesticide Use Report form;
- (5) Pesticide, including the United Stated Environmental Protection Agency or State registration number which is on the pesticide label, and the amount used;
- (6) Number of applications made with each pesticide and the total number of applications made during the month; and
- (7) Total acres or units treated with each pesticide, except when using a designated use code, as specified on Summary Pesticide Use Report form.
(c) If the county in which the work was performed has no commissioner, the report shall be made to the director.

NOTE: Authority cited: Sections 11456, 11502, 12976, 13145 and 14005, Food and Agricultural Code.

Reference: Sections 11501, 11708, 11733, 12981, 14006 and 14011.5, Food and Agricultural Code.

6627.1. Monthly Summary Pesticide Use Report Form. [Repealed]

6628. Negative Pesticide Use Reports.

(a) During any month, when a licensed agricultural pest control business performs no pest control work in a county where the business is registered with the commissioner pursuant to Food and Agricultural Code section 11732, he/she shall submit a report stating this fact to the commissioner, or to the Director in any county where there is no commissioner, by the 10th day of the following month.
(b) During any month, when a licensed structural pest control operator performs no pest control work in a county in which he/she is registered with the commissioner pursuant to section 15204 or 15204.5 of the Food and Agricultural Code, he/she shall submit a report stating this fact to the commissioner, or to the Director in any county where there is no commissioner, by the 10th day of the following month.
(c) If the report is mailed, the postmark shall be the date of delivery.

NOTE: Authority cited: Sections 11456, 11502, 12976, 13145 and 14005, Food and Agricultural Code.

Reference: Sections 11501, 11708, 11733, 14006 and 14011.5, Food and Agricultural Code.

Article 2. Pest Control Business Operations

6630. Equipment Identification.

Each person engaged for hire in the business of pest control shall keep each ground rig, service rig, and similar equipment used for mixing or applying pesticides conspicuously and legibly marked with either the business’ name, or with “Licensed Pest Control Operator,” “Fumigation Division,” “Licensed Fumigator,” or substantially similar wording and the pest control operator license number of the person or firm. The markings shall be large enough to be readable at a distance of 25 feet.

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

Reference: Section 11501, Food and Agricultural Code.

6632. Recommendation and Use Permit.

Each person engaged for hire in the business of pest control shall have available a copy of both of the following covering each agricultural use application of a pesticide that requires a permit.

(a) A copy of the written recommendation adopted by the operator of the property or a work order that contains the elements of a recommendation required by Food and Agricultural Code section 12003 and Title 3, California Code of Regulations, section 6556, and
(b) A copy of the use permit authorizing treatment of that site with that pesticide(s).

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

Reference: Sections 11501, 12003 and 14007, Food and Agricultural Code.

6634. Accident Reports.

Each person engaged for hire in the business of pest control shall report to the commissioner as soon as practicable, by the most expedient method, any forced landing, or emergency or accidental release of pesticides. Such report shall include the location, the pesticide, and estimated amount.

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

Reference: Section 11501, Food and Agricultural Code.

6636. Pest Control Records and Reports. [Repealed]

NOTE: Authority cited: Sections 407, 11502 and 12976, Food and Agricultural Code.

Reference: Sections 11501, 11708 and 11733, Food and Agricultural Code.

Article 4. Storage, Transportation and Disposal

6670. General Requirement.

Pesticides, emptied containers or parts thereof, or equipment that holds or has held a pesticide, shall not be stored, handled, emptied, disposed of, or left unattended in such a manner or at any place where they may present a hazard to persons, animals (including bees), food, feed, crops or property. The commissioner may take possession of such unattended pesticides or emptied containers to abate such hazard.

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

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

6672. Security of Pesticides and Pesticide Containers.

(a) No person shall deliver a container that holds, or has held, a pesticide to a property unless he stores it in an enclosure or closure complying with the requirements of this Section or delivers it to a person in charge of the property or his agent, or a pest control operator or his employee. The person receiving the container shall control access to it in accordance with this Section.
(b) Each person who controls the use of any property or premises is responsible for all containers or equipment on the property that hold, or have held, a pesticide. Unless all such containers are under his personal control so as to avoid contact by unauthorized persons, he shall:
- (1) Provide a person responsible to him to maintain such control over the containers at all times; or
- (2) Store all such containers in a locked enclosure, or in the case of liquid pesticides in a container larger than 55 gallons in capacity, the container shall have a locked closure. Either shall be adequate to prevent unauthorized persons from gaining access to any of the material.

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

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

6674. Posting of Pesticide Storage Areas.

Signs visible from any direction of probable approach shall be posted around all storage areas where containers that hold, or have held, pesticides required to be labeled with the signal words “warning” or “danger” are stored. Each sign shall be of such size that it is readable at a distance of 25 feet and be substantially as follows:

DANGER
POISON STORAGE AREA
ALL UNAUTHORIZED PERSONS KEEP OUT
KEEP DOOR LOCKED WHEN NOT IN USE

The notice shall be repeated in an appropriate language other than English when it may reasonably be anticipated that persons who do not understand the English language will come to the enclosure.

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

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

6676. Container Requirements.

Except as provided in the Food and Agricultural Code pertaining to service containers, any container that holds, or has held, any pesticide, when stored or transported, shall carry the registrant’s label. All lids or closures shall be securely tightened except when the procedure described in Section 6684 has been followed. This Section shall not apply to measuring devices that are not used to store or transport a pesticide.

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

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

6678. Service Container Labeling.

Service containers, other than those used by a person engaged in the business of farming when the containers are used on the property the person is farming, shall be labeled with:

(a) The name and address of the person or firm responsible for the container;
(b) The identity of the pesticide in the container; and
(c) The word “Danger,” “Warning,” or “Caution,” in accordance with the label on the original container.

NOTE: Authority cited: Sections 11456, 11502, 12781 and 12859, Food and Agricultural Code.

Reference: Sections 11501 and 12859, Food and Agricultural Code.

6680. Prohibited Containers for Pesticides.

In no case shall a pesticide be placed or kept in any container of a type commonly used for food, drink or household products.

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

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

6682. Transportation.

(a) Pesticides shall not be transported in the same compartment with persons, food or feed.
(b) Pesticide containers shall be secured to vehicles during transportation in a manner that will prevent spillage onto the vehicle or off the vehicle. Paper, cardboard, and similar containers shall be covered when necessary to protect them from moisture.

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

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

6684. Rinse and Drain Procedures.

(a) Except for containers to be returned to the registrant, each emptied container that has held less than 28 gallons of a liquid pesticide that is diluted for use shall be rinsed and drained by the user at time of use as follows:

(b)(1) Use the following amount of water or other designated spray carrier for each rinse.

Use the following amount of water or other designated spray carrier for each rinse
Size of container	Amount of rinse medium
Less than 5 gallons	1/4 container volume
5 gallons or over	1/5 container volume

(2) Place required minimum amount of rinse medium in the container, replace closure securely, and agitate.
(3) Drain rinse solution from container into tank mix. Allow container to drain 30 seconds after normal emptying.
(4) Repeat (2) and (3) above a minimum of two times so as to provide a total of three rinses; or

(c)(1) Invert the emptied container over a nozzle located in the opening of the mix tank which is capable of rinsing all inner surfaces of the container.
- (2) Activate the rinse nozzle allowing the rinse solution to drain into the tank. The rinse shall continue until the rinse solution appears clear and a minimum of one-half of the container volume of rinse medium has been used. A minimum of 15 pounds pressure per square inch shall be used for rinsing; or
(d) Other rinse methods, at least equal in effectiveness to the above, approved by the director.

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

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

6686. Exemptions.

(a) Sections 6672, 6674, 6682, and 6684 shall not apply to containers that hold or have held pesticides packaged, labeled, and used for home use when in the possession of a householder on his property.
(b) Sections 6670 and 6672(b) shall not apply to exempt materials specified in Section 6402 except where the commissioner, or the director in any county where there is no commissioner, determines that a hazard to public health and safety exists requiring the control specified in sections 6670 and 6672(b).
(c) Section 6684 shall not apply to outer shipping containers that are not contaminated with a pesticide.
(d) This article shall not apply to sanitizers, disinfectants, or medical sterilants.

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

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

Article 5. Pesticide Use Near Schoolsites

6690. Pesticide Use Near Schoolsites.

The provisions of this article pertain to pesticide applications made for the production of an agricultural commodity within ¼ mile of a schoolsite. “Schoolsite” as used in sections 6690-6692 means any property used as a child day care facility, as defined in Health and Safety Code section 1596.750, or for a kindergarten, elementary, or secondary school. This includes all areas of the property used on weekdays by children who attend such facilities or schools, or other property identified by the commissioner as a park adjacent to a school that is used by the school for recess, sports, or other school activities. “Schoolsite” does not include: family day care homes as defined in Health and Safety Code section 1596.78; any postsecondary educational facility attended by secondary pupils; private kindergarten, elementary, or secondary school facilities; or vehicles or bus stops not on schoolsite property.

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

Reference: Sections 2281, 11501.5, and 11501, Food and Agricultural Code.

6691. Pesticide Application Restrictions.

Pesticide application restrictions will apply Monday through Friday, during the hours of 6:00 a.m. to 6:00 p.m., depending on the distance from the treated area to a schoolsite, the application equipment used, and type of pesticide applied. The type of pesticide is not the product formulation but the final form applied (e.g., if a powder is mixed with water and then applied, this is considered a liquid application). During these time periods, the operator of the property and the applicator shall assure that an application is not made within the distance of the schoolsite as specified below.

(a) There must be a minimum ¼ mile distance restriction for applications using a:
1. Aircraft.
2. Airblast sprayer or other ground application equipment with a pump that delivers spray into an air stream created by a fan.
3. Sprinkler chemigation equipment.
4. Dust or powder except as provided in subsection (c)(3).
5. Fumigant.
(b) There must be a minimum 25 foot distance restriction when using a:
1. Ground-rig sprayer. However, if this type of equipment is used to apply a dust, powder, or fumigant, the ¼ mile distance restriction in subsection (a) applies.
2. Field soil injection equipment. However, if this type of equipment is used to apply a fumigant, the ¼ mile distance restriction in subsection (a) applies; or if used to apply a dust or powder, there is no minimum distance restriction.
3. Other application equipment not identified in this section, such as drip or flood chemigation equipment. However, if this type of equipment is used to apply dust, powder, or fumigant, the ¼ mile distance restriction in subsection (a) applies.
(c) Notwithstanding subsections (a) and (b), there is no distance restriction when:
1. the application is made within an enclosed space, such as a greenhouse. However, when applying a fumigant, the ¼ mile distance restriction in subsection (a) applies.
2. the application is made using bait stations.
3. a pesticide is applied as a dust or powder using field soil injection equipment.
4. a pesticide is applied as a granule, flake, or pellet. However, when the pesticide product formulation is applied as a fumigant, or applied by aircraft, the ¼ mile distance restriction in subsection (a) applies.
5. an application is made using a backpack sprayer. However, when this type of equipment incorporates an airblast sprayer or is used to apply a dust or powder, the ¼ mile distance restriction in subsection (a) applies.
6. an application is made using a hand pump sprayer. However, when this type of equipment is used to apply a dust, powder, or fumigant, the ¼ mile distance restriction in subsection (a) applies.
(d) Notwithstanding subsections (a) and (b), there is no distance restriction when:
1. school classes are not scheduled for the day of application.
2. the child day care facility is closed during the entire day of the application.
(e) In addition to the time period and distance restriction specified in subsections (a)-(c), fumigants cannot be applied when school classes are scheduled or child day care facilities are open within 36 hours following fumigation.
(f) Notwithstanding subsections (a) through (c), the application restrictions do not apply when there is a written agreement between the operator of the property, the principal or child day care facility administrator, and the commissioner that specifies alternative application restrictions that the parties agree provide the same or a greater level of protection as provided by subsections (a) through (c). Any party may rescind the agreement at any time by notifying the other parties in writing. If an agreement is rescinded, then subsections (a) through (c) control. The commissioner shall enforce a written agreement for restrictions as if they were requirements in regulation.

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

Reference: Sections 2281, 11501.5, and 11501, Food and Agricultural Code.

6692. Annual Notification.

(a) For all applications of pesticides expected to be made for the production of an agricultural commodity within ¼ mile of a schoolsite, the operator of the property to be treated shall provide annual notification to those specified in (b) no later than April 30 of pesticide(s) expected to be used from July 1 of the current year through June 30 of the next year.
1. Effective April 1, 2018, if the operator of the property to be treated changes, the new property operator shall provide the notification as specified in (b) and (c) within 30 days of assuming control of that property for expected pesticide(s) to be used from the time the notification is provided through June 30 of the following year. If the notification made 30 days after assuming control includes information about the pesticide(s) expected to be used July 1 of the current year through June 30 of the following year, then (a) does not apply. Subsequent notifications must be provided as specified in (a).
(b) The annual notification must be provided to:
1. The principal of the public K-12 school;
2. The administrator of the child day care facility; and
3. The county agricultural commissioner.
(c) The annual notification must be in writing and include the following information:
1. A summary of the operator of the property’s requirements to provide annual notification to a schoolsite as described in subsection (a).
2. A summary of the applicable pesticide application restrictions specified in section 6691.
3. Operator of the property’s name and contact information;
4. Map showing location of the field(s) involved and the school or child day care facilities;
5. County agricultural commissioner’s contact information;
6. National Pesticide Information Center Web site address;
7. Information on the pesticide(s) expected to be used including: name of each active ingredient, or principal functioning agent for a spray adjuvant; example pesticide product name(s); and the U.S. Environmental Protection Agency or California registration number.
8. The following statements: “This notification is informational only, and includes a list of pesticides expected to be used. Beginning July 1, 2018, schoolsites will be informed of pesticides not on the list at least 48 hours prior to their use. The county agricultural commissioner may be contacted for questions or additional information; if violations of these requirements are suspected; or other non-emergency situations.”
9. A description of the option to negotiate an alternate to the required application restrictions as provided in section 6691, subsection (f).
(d) Effective July 1, 2018, if a pesticide to be used was not included in the annual notification as specified in subsection (c)(7), the operator of the property shall provide this information to the schoolsite and commissioner at least 48 hours prior to the application.
(e) The property operator shall retain a copy of each annual notification for two years and make them available to the Director or commissioner upon request. The commissioner shall retain a copy of each annual notification for one year.

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

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

Article 6. Use of Carbon Monoxide Pest Control Devices

6695. Use of Carbon Monoxide Pest Control Devices.

(a) Each person using a carbon monoxide pest control device to perform pest control shall not:
- (1) Use a carbon monoxide pest control device to control burrowing rodent pests unless the device bears the U.S. Environmental Protection Agency Establishment Number of the establishment in which it was manufactured.
- (2) Use a carbon monoxide pest control device inside any structure inhabited by people or livestock, whether occupied or not.
- (3) Use a carbon monoxide pest control device on a burrow opening within a certain distance of a structure inhabited by people or livestock, whether occupied or not. The distance shall be as follows:
  - (A) 50 feet for control of ground squirrels or field mice;
  - (B) 100 feet for control of gophers; or
  - (C) 65 feet for control of all other burrowing rodent pests.
- (4) Use a carbon monoxide pest control device on a burrow opening known or believed to contain non-target vertebrate animals.
- (5) Use a carbon monoxide pest control device for purposes other than to control for burrowing rodent pests.
(b) Whenever an employee operates a carbon monoxide pest control device to perform pest control for hire or for a local government, including a city, county, city and county, school district, park district, authority, or any other political subdivision of the state, the employer shall:
- (1) Ensure that the employee wears protective eyewear that complies with the American National Standard for Occupational and Educational Personal Eye and Face Protection Devices ANSI Z87.1-2020 while the device is in use.
- (2)(A) Retain records of the use of the carbon monoxide pest control device for two years and make those records promptly available to the Director or commissioner upon request.
  - (B) Records must include:
    1. Date the device was used;
    2. Name of the operator of the property treated;
    3. Address of where the device was used;
    4. Site at which the device was used; and
    5. Length of time the device was operated for every treatment.
- (3) Immediately submit to the Director factual or scientific information showing any adverse effect to human health or safety, property, or the environment, from the use of the carbon monoxide pest control device.

NOTE: Authority cited: Sections 11456, 11502 and 14161, Food and Agricultural Code.

Reference: Sections 11708, 11733, 12757, 14160, 14161 and 15316, Food and Agricultural Code.

Subchapter 3. Pesticide Worker Safety (§6700-6795)

Article 1. General Scope and Purpose

6700. Scope.

This group specifies work practices for:

(a) Employees who mix, load, apply, store, transport, or otherwise handle pesticides for any use, except for manufacturing, formulating or repackaging of pesticides; and
(b) For employees who are exposed to residues of pesticides after application to fields.

The requirements of this group do not allow a lower standard of protection when pesticide labeling statements require a higher standard of protection.

The requirements of this group do not apply to storage and transportation of pesticides in the manufacturer’s sealed or closed container. In general, the work practices and safety requirements stated in this group are designed to reduce risk of exposure and to ensure availability of medical services for employees who handle pesticides, and to provide safe working conditions for field and other workers.

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

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

6701. Interpretation Consistent with Federal Standards.

Whenever the context will allow, the requirements of this subchapter should be interpreted at least as strict as, and consistent, with the Worker Protection Standards in Title 40 Code of Federal Regulations, Part 170. It is intended that these regulations, rather than those in Title 40 Code of Federal Regulations, Part 170, be enforced by the Department of Pesticide Regulation and county agricultural commissioners within the State of California. Any reference to Part 170, Code of Federal Regulations on pesticide product labeling shall be considered a reference to Title 3, Division 6, California Code of Regulations when use occurs within California.

NOTE: Authority cited: Section 12981, Food and Agricultural Code.

Reference: Sections 11501, 12973, 12980, and 12981, Food and Agricultural Code.

6702. Employer-Employee Responsibilities.

(a) The employer shall comply with each regulation in this subchapter which is applicable to the employer’s action or conduct.
(b) The employer:
- (1) is responsible for knowing about applicable safe use requirements specified in regulations and on the pesticide product labeling;
- (2) shall inform the employee, in a language the employee understands, of the specific pesticide being used, pesticide safety hazards, the personal protective equipment and other equipment to be used, work procedures to be followed, and pesticide safety regulations applicable to all activities they may perform;
- (3) shall assure safe work practices, including all applicable regulations and pesticide product labeling requirements, are complied with;
- (4) has the duty to provide a safe work place for employees and require employees to follow safe work practices; and
- (5) shall assure that employees handle and use pesticides in accordance with the requirements of law, regulations, and pesticide product labeling requirements.
(c) Employees shall utilize the personal protective equipment and other safety equipment required by pesticide product labeling or specified in this subchapter that has been provided by the employer at the work site in a condition that will provide the safety or protection intended by the equipment.

NOTE: Authority cited: Section 12976 and 12981, Food and Agricultural Code.

Reference: Sections 12973, 12980, and 12981, Food and Agricultural Code.

6704. Application of Labor Code.

In order to insure that rights granted to California employees by Chapter 1 of Division 5 of the California Labor Code are adequately provided to agricultural employees, including employee rights (1) to file confidential complaints alleging unsafe work conditions, (2) to have complaints promptly investigated, (3) to talk to inspectors or compliance officers, and to point out hazards during the inspection process, (4) to be notified of any relevant job hazard, and (5) to not be subject to any retaliation or discrimination because such employee has filed any complaint regarding an unsafe work condition, the director, commissioners, and the Department of Industrial Relations shall cooperate in fully implementing any master agreements entered into between these parties which are designed to insure enforcement of employees’ rights as well as any inspection protocols adopted pursuant to such master agreements.

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

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

6706. Hazardous Areas.

When there is a reasonable suspicion by the director or commissioner that a specific workplace has been or may be unsafe for workers due to exposure to active or inert ingredients in pesticide products, or breakdown products of these ingredients, the director or commissioner may require the employer to prohibit entry of employees into that workplace. The director or commissioner may require the employer to provide medical supervision for the period of time necessary for the director to determine the safety of the workplace to protect employees who have been working in or will enter that workplace. This medical supervision may include biological monitoring of persons for possible over-exposure to pesticide product ingredients or breakdown products of these ingredients. The director or commissioner may also specify exposure time limits and protective clothing and equipment to be worn by employees under these circumstances.

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

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

6710. Pesticide Exposure Studies Involving Human Participants.

(a) No person shall conduct any pesticide exposure study in California, which involves human participants, unless the Director has given written authorization to the study director to conduct the pesticide exposure study according to an approved protocol.
(b) The study director shall submit the protocol to the Director for review and provisionary determination of acceptability.
(c) The Director shall forward a copy of the protocol and review documentation to the Office of Environmental Health Hazard Assessment for concurrent review.
(d) The Director shall provide comments to the study director on the basis of Department of Pesticide Regulation review and any comments from the Office of Environmental Health Hazard Assessment. The study director shall make any changes deemed necessary by the Director. Upon receipt of the Director’s provisionary determination of acceptability, the study director shall obtain a review and approval from an Institutional Review Board (IRB). The IRB must conduct its review in compliance with Title 40 Code of Federal Regulations (Protection of Environment), Part 26 (Protection of Human Subjects).
(e) The study director shall submit to the Director the IRB’s approval of the protocol and all documentation exchanged between the IRB and the study director related to the review.
(f) The Director shall make the final decision regarding approval or denial of the protocol based on the information required in subsection (e), other relevant available information available to the Director. The Director shall notify the study director in writing of the decision and the basis for the decision.
(g) The Director shall establish an expiration date for the approved protocol. In no instances shall the expiration date exceed that established by the IRB. If a pesticide exposure study is not completed by the expiration date established by the Director, the study director shall not continue the pesticide exposure study until the Director has approved the renewal of the protocol in writing as required in subsection (i).
(h) Protocol Amendment. The study director shall not make an amendment to the approved protocol that may impact the health of the human participants without approval from the Director. For amendments where participant health is potentially impacted, the study director shall make the request in writing. The proposed amendment, justification, potential impact on study participants, and any measures proposed to mitigate potential impacts shall accompany the request. The Director shall forward a copy of the proposed amendment and any accompanying documentation to the Office of Environmental Health Hazard Assessment for concurrent review. The Director shall provide comments to the study director on the basis of Department of Pesticide Regulation review and any comments from the Office of Environmental Health Hazard Assessment. The study director shall make any changes deemed necessary by the Director. Upon receipt of the Director’s provisionary determination of acceptability, the study director shall obtain a review and approval of the proposed amendment from an IRB as required in subsection (d). The study director shall submit to the Director the protocol and all documentation exchanged between the IRB and the study director. The Director shall notify the study director of the decision and the basis for the decision. If approved by the Director, the pesticide exposure study shall be conducted in accordance with the approved amended protocol. In the event that the potential impact on human participants is uncertain, the study director shall consult with the Director.
(i) Renewal of Protocol. The study director shall obtain approval of renewal from an IRB as described in subsection (d) prior to requesting the Director’s approval to renew the protocol. The study director shall submit, to the Director, the protocol and all documentation exchanged between the IRB and the study director regarding the renewal. After reviewing the documentation, if the Director approves the request for protocol renewal, the Director shall establish a revised expiration date. The revised expiration shall not exceed that date established in the IRB’s renewal recommendation.
(j) In the event of any complications or adverse health effects identified during the conduct of the study, the study director shall take immediate action to ensure the health and safety of the human participants. The study director shall immediately notify the Director of such complications or adverse health effects and the immediate actions taken.
(k) The study director shall submit the following information to the Director by the expiration date:
- (1) A statement regarding the status of the study including information as to whether the study was completed, postponed, or cancelled.
- (2) A report and explanation of any complications or adverse health effects involving the human participants and what actions were taken.
(l) The Director or agricultural commissioner of the county where the study is taking place may inspect the pesticide exposure study activities to evaluate compliance with the protocol. The Director or commissioner may order the study director or human participants to cease immediately any human pesticide exposure activity conducted during the study to protect the safety of the human participants. The Director may cancel the authorization to conduct the pesticide exposure study whenever it is deemed necessary to protect participant safety, public safety, or the environment.

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

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

6714. Exemptions. [Repealed]

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

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

6716. Sunset Review of Regulations. [Repealed]

NOTE: Authority cited: Section 12981, Food and Agricultural Code.

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

Article 2. General Safety Requirements

6720. Safety of Employed Persons.

(a) The requirements of this article shall be complied with by the employer for the safety of employees handling pesticides.
(b) When only vertebrate pest control baits, solid fumigants (including, but not limited to, aluminum phosphide, magnesium phosphide, and smoke cartridges), insect monitoring traps or non-insecticidal lures are handled, the employer is exempt from the requirements of sections 6730 (Working Alone), and 6732 (Change Area), and 6738.1(e).

(c) When antimicrobial agents, used only as sanitizers, disinfectants, or medical sterilants, or pool and spa chemicals are handled, the employer is exempt from complying with the provisions of Title 3, California Code of Regulations sections specified below, provided the employer instead complies with any applicable requirements in the following corresponding provisions of Title 8, California Code of Regulations.

When antimicrobial agents, used only as sanitizers, disinfectants, or medical sterilants, or pool and spa chemicals are handled
Title 3, CCR	Title 8, CCR
6700	3200 and 3202
6702	3200 and 3203
6720	As indicated in this Subsection
6723	3203, 3204, and 5194
6724	3203 and 5194
6726	3400
6732	3367
6734	3363 and 3366
6738-6738.4	3380 through 3385
6739	5144
6740	3317
6742	5141
6744	3203 and 5194

(d) The provisions of sections 6726, 6734, 6738.1-6738.4, 6739, 6766, 6768, and 6770 do not apply to licensed agricultural pest control advisers and registered professional foresters while performing, crop adviser tasks, after the application is completed, including field-checking or scouting, making observations of the well-being of the plants, or taking samples provided:
- (1) They have been trained equivalent to the requirements of section 6724 (licensed agricultural pest control advisers are considered trained for the purposes of this exception); and
- (2) The licensed agricultural pest control adviser or registered professional forester has made specific determinations regarding appropriate personal protective equipment, needed decontamination facilities, and how to safely conduct crop adviser tasks.
(e) The provisions of this subchapter do not apply to employees handling consumer products packaged for distribution to, and use by, the general public, provided that employee use of the product is not significantly greater than the typical consumer use of the product.

NOTE: Authority cited: Section 12981, Food and Agricultural Code.

Reference: Sections 11501, 12973, 12980 and 12981, Food and Agricultural Code.

6722. Minimum Age Requirements.

The employer shall not permit an employee under 18 years of age to:

(a) handle any pesticide used in the commercial or research production of an agricultural commodity.
(b) enter a field under a restricted entry interval.

NOTE: Authority cited: Section 12981, Food and Agricultural Code.

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

6723. Hazard Communication for Pesticide Handlers.

(a) Before employees are allowed to handle pesticides, the employer shall display a copy of a completed written Hazard Communication Information for Employees Handling Pesticides in Agricultural Settings (Pesticide Safety Information Series leaflet A-8) or Hazard Communication Information for Employees Handling Pesticides in Noncrop Settings (Pesticide Safety Information Series leaflet N-8), as applicable, at a central location in the workplace. Upon request, the employer shall read to the requesting employee, in a language understandable to that employee, Pesticide Information Series leaflet A-8/N-8. Pesticide Information Series Leaflet A-8/N-8 shall be written by the Department of Pesticide Regulation in English and Spanish. Pesticide Information Series leaflets are available from the Department.
(b) The employer shall maintain, at a central location at the workplace accessible to employees who handle pesticides, the following:
- (1) pesticide use records as specified in section 6624 (b), (c), and (e) for pesticides that have been handled by his or her employees;
- (2) copies of available Pesticide Safety Information Series leaflets which are applicable to the pesticides and handling activities listed in the pesticide use records referred to in subsection (b)(1).
  - (A) The A-8 must also be posted at all permanent decontamination facilities and decontamination facilities servicing 11 or more handlers.
  - (B) Any changes to the A-8 relating to the name, address, or telephone number of the facility providing emergency medical care must be updated within 24 hours of the change.
- (3) a Safety Data Sheets (SDS), as specified by Title 8 California Code of Regulations, section 5194, for each pesticide listed in the pesticide use records referred to in subsection (b)(1). If the SDS is not provided by the registrant of a pesticide, the employer shall:
  - (A) within seven working days of a request for a SDS from an employee, employee representative or employee’s physician, make written inquiry to the registrant of the pesticide, asking that a SDS be sent to the employer. If the employer has made written inquiry within the last 12 months as to whether the pesticide is subject to the requirement for a SDS or the employer has made a written inquiry within the last 6 months requesting new, revised or later information on the SDS, the employer need not make additional written inquiry. A copy of the written inquiry shall immediately be sent to the person requesting the SDS;
  - (B) notify the requester of the availability of the SDS or provide a copy of the SDS to the requester within 15 days of receipt of the SDS from the registrant; and
  - (C) if a response has not been received from the registrant within 25 working days of the date the inquiry was made, send the Department a copy of the inquiry with a notation that no response has been received. The employer is not precluded from obtaining and providing the SDS utilizing other more expedient methods in lieu of those provided in this subsection.
(c) The employer shall inform employees, before they are allowed to handle pesticides and at least annually thereafter, of the location and availability of the records and other documents listed in this section or relating to employee training, monitoring, and potential exposure. If the location of the records and other documents changes, an employer shall promptly inform his or her employees of the new location.
(d) The employer shall provide, upon request of his or her employee, employee representative, or employee’s physician, access to any records or other documents required to be maintained pursuant to this chapter. Access shall be granted as soon as possible and not to exceed 48 hours from the date of the request. A request from an employee representative must contain the following in writing:
- (1) The name of the employee being represented.
- (2) A description of the specific information being requested. The description must include the dates of employment of the employee, the date or dates for which the records are requested, type of work conducted by the employee (e.g., planting, harvesting, applying pesticides, mixing or loading pesticides) during the period for which the records are requested, and the specific application and/or hazard information requested.
- (3) A written statement clearly designating the representative to request pesticide application and hazard information on the employee’s behalf, bearing the employee’s printed name and signature, the date of the designation, and the printed name and contact information for the employee representative.
- (4) Directions on where the requested information should be sent (e.g., mailing address or email address).

INFORMATIONAL NOTE: Other requirements relating to hazard communication can be found in Sections 6602, 6618, 6619, 6724, 6726, 6738, 6744, 6764, 6766, 6770, and 6776.

NOTE: Authority cited: Section 12981, Food and Agricultural Code.

Reference: Sections 12980 and 12981, Food and Agricultural Code; and 29 Code of Federal Regulations, Part 1910.1200.

6723.1. Application-Specific Information For Handlers.

(a) The operator of property used for the commercial or research production of an agricultural plant commodity shall display, at a central location, the following application-specific information while employees are employed to handle pesticides:
- (1) The crop or site treated and identification of the treated area;
- (2) The date(s) and time(s) the application started and ended;
- (3) Restricted entry interval;
- (4) Product name, U.S. EPA registration number, and active ingredients; and
- (5) A copy of the Safety Data Sheet(s) for the applied pesticide(s).
(b) The information shall be displayed within 24 hours of the completion of an application and include all applications that have been made to any treated field on the agricultural establishment within 1/4 mile of where employees will be working. Once displayed, the information shall remain displayed until the area no longer meets the definition of a treated field or handler employees will no longer be on the establishment, whichever occurs earlier.
(c) The information required by this section must be retained for two years.
(d) The original or copies of documents otherwise required to be maintained by this chapter may be used to meet the requirements of this section provided they contain the information required by this section.

NOTE: Authority cited: Section 12981, Food and Agricultural Code.

Reference: Sections 11501, 12973, 12980, and 12981, Food and Agricultural Code.

6724. Handler Training.

The employer shall ensure that employees who handle pesticides have been trained pursuant to the requirements of this section and that all other provisions of this section have been complied with for employees who handle pesticides.

(a) The employer shall have a written training program. The training program shall describe the materials (e.g., study guides, pamphlets, pesticide product labeling, Pesticide Safety Information Series leaflets, Safety Data Sheets, slides, video) and information that will be provided and used to train his or her employees and identify the individual or firm that will provide the training. The training program shall address each of the subjects specified in subsection (b) that is applicable to the specific pesticide handling situation. The employer shall maintain a copy of the training program while in use and for two years after use, at a central location at the workplace.
(b) The training shall cover, for each pesticide or chemically similar group of pesticides, to be used:
- (1) Format and meaning of information contained in pesticide product labeling applicable to the safe use of the pesticide, such as precautionary statements about human health hazards and labeling-required personal protective equipment;
- (2) Applicator’s responsibility to protect persons, animals, and property while applying pesticides; and not to apply pesticides in a manner that results in contact with persons not involved in the application process;
- (3) Need for, limitations, appropriate use, removal, and sanitation of any required personal protective equipment;
- (4) Safety requirements and procedures, including engineering controls (such as closed mixing systems and enclosed cabs) for handling, transporting, storing, disposing of pesticides, and spill clean-up;
- (5) Where and in what forms pesticides may be encountered, including treated surfaces, residues on clothing, personal protective equipment, application equipment, and drift;
- (6) Hazards of pesticides, including acute, chronic, and delayed effects, and sensitization effects, as identified in pesticide product labeling, Safety Data Sheets, or Pesticide Safety Information Series leaflets;
- (7) Routes by which pesticides can enter the body;
- (8) Signs and symptoms of overexposure;
- (9) Routine decontamination procedures when handling pesticides, including that employees should:
  - (A) Wash hands before eating, drinking, using the toilet, chewing gum, or using tobacco;
  - (B) Thoroughly wash or shower with soap and water;
  - (C) Change into clean clothes as soon as possible; and
  - (D) Wash work clothes separately from other laundry before wearing them again.
- (10) How Safety Data Sheets provide hazard, emergency medical treatment, and other information about the pesticides with which employees may come in contact;
- (11) The hazard communication program requirements of section 6723;
- (12) The purposes and requirements for medical supervision if organophosphate or carbamate pesticides with the signal word “DANGER” or “WARNING” on the labeling are mixed, loaded, or applied for the commercial or research production of an agricultural plant commodity;
- (13) First aid and emergency decontamination procedures and emergency eye flushing techniques; and if pesticides are spilled or sprayed on the body to wash immediately with decontamination supplies and as soon as possible, wash or shower with soap and water and change into clean clothes;
- (14) How and when to obtain emergency medical care;
- (15) Prevention, recognition, and first aid for heat-related illness in accordance with Title 8 of the California Code of Regulations, section 3395;
- (16) Requirements of this chapter and chapter 4 relating to pesticide safety, Safety Data Sheets, and Pesticide Safety Information Series leaflets;
- (17) The requirement that handlers must be at least 18 years of age if handling:
  - (A) restricted materials specified in section 6400, or
  - (B) pesticides used in the commercial or research production of an agricultural commodity;
- (18) Environmental concerns such as drift, runoff, and wildlife hazards;
- (19) Field posting requirements and restricted entry intervals when pesticides are applied for the commercial or research production of an agricultural commodity;
- (20) That employees should not take pesticides or pesticide containers home from work;
- (21) Potential hazards to children and pregnant women from pesticide exposures, including that:
  - (A) Children and nonworking family members should keep away from treated areas;
  - (B) After performing handling activities or after working in a treated area, employees should remove boots or shoes before entering the home and remove work clothes; and
  - (C) Employees should wash or shower before physical contact with children or family members.
- (22) How to report suspected pesticide use violations;
- (23) How to identify if a product is either a federal Restricted Use Pesticide or a California restricted material specified in section 6400, and that federal Restricted Use Pesticides and California restricted materials shall be used only by a certified private or commercial applicator or by an individual working under the direct supervision of a certified applicator;
- (24) When any federal Restricted Use Pesticide or California restricted material specified in section 6400 is used by a noncertified applicator, the training must cover:
  - (A) Where to identify on the labeling if the product requires a certified applicator to be physically present during the use of the pesticide;
  - (B) The certified applicator’s responsibility to provide instructions specific to the site and pesticide(s) prior to use, including:
    1. Pesticide product labeling directions, precautions, and requirements applicable to the specific use and site; and
    2. How the characteristics of the use site (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;
  - (C) The requirement for each employee to be able to immediately communicate directly with the supervising certified applicator as specified in Section 6731; and
- (25) The employee’s rights, including the right:
  - (A) To personally receive information about pesticides to which he or she may be exposed;
  - (B) For his or her physician or an employee representative designated in writing to receive information about pesticides to which he or she may be exposed;
  - (C) To be protected against retaliatory action due to the exercise of any of his or her rights; and
  - (D) To report suspected use violations to the Department or county agricultural commissioner.
(c) The training shall be in a manner the employee can understand, at a location reasonably free from distraction, and be conducted according to the written training program specified in subsection (a). Trainers must be present throughout the entire presentation and shall respond to employee questions.
(d) Training shall be completed before the employee is allowed to handle pesticides, continually updated to cover any new pesticides that will be handled, and repeated at least annually thereafter. Initial training may be waived if the employee submits a record showing that training meeting the requirements of this section and covering the pesticides and use situations applicable to the new employment situation was received within the last year. Certified private or commercial applicators, as defined in section 6000, and individuals with a manned or unmanned apprentice pilot certificate issued by the Director are considered trained for the purposes of this section.
- (1) If the employee is a noncertified applicator under subsections 6406(a)(2)-(a)(4) and is being supervised in accordance with subsection 6406(b), the employer shall maintain for at least two years from the date of a use of a California restricted material specified in section 6400 either:
  - (A) A copy of the employee’s license or certificate; or
  - (B) A written record containing at least the following information:
    1. Employee name;
    2. License or certificate type, number, and category(ies);
    3. Expiration date; and
    4. The name of the issuing certifying authority.
(e) The date and extent of initial and annually required training given to the employee and the job to be assigned shall be recorded. This record shall be verified by the employee’s printed name and signature, and include the title(s) and source(s) of training materials used; employer’s name and trainer’s name.
- (1) The training record must be retained by the employer for two years at a central location at the workplace accessible to employees and be provided to the employee, Director or commissioner upon request. The employer shall make this training record accessible to a certified private or commercial applicator supervising an employee using a pesticide listed in section 6400.
- (2) For an employee handling pesticides used for the commercial or research production of an agricultural commodity or handling a California restricted material specified in section 6400, the record must also include the trainer’s qualifications as specified in subsection (f).
(f) The individual conducting the training for employees who will be handling pesticides for the commercial or research production of an agricultural plant commodity or a California restricted material shall be qualified as one of the following:
- (1) A California certified private or commercial applicator;
- (2) An individual holding a valid County Biologist License in Pesticide Regulation or Investigation and Environmental Monitoring issued by the Department of Food and Agriculture;
- (3) A University of California Extension Advisor;
- (4) An individual who has completed an “instructor training” program presented by one of the following:
  - (A) the University of California, Integrated Pest Management Program; or
  - (B) other instructor training program approved by the Director;
- (5) A California licensed Agricultural Pest Control Adviser;
- (6) A California Registered Professional Forester; or
- (7) Other trainer qualification approved by the Director.

NOTE: Authority cited: Section 12981, Food and Agricultural Code.

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

6726. Emergency Medical Care.

(a) Emergency medical care for employees handling pesticides shall be planned for in advance. The employer shall locate a facility where emergency medical care is available for employees who will be handling pesticides.
(b) Employees shall be informed of the name and location of a facility where emergency medical care is available. The employer shall post in a prominent place at the work site, or work vehicle if there is no designated work site, the name, address and telephone number of a facility able to provide emergency medical care whenever employees will be handling pesticides and, if the identified facility is not reasonably accessible from that work location, procedures to be followed to obtain emergency medical care.
(c) When there is reasonable grounds to suspect that an employee has a pesticide illness or when an exposure to a pesticide has occurred that might reasonably be expected to lead to an employee’s illness, the employer shall ensure that the employee is taken to a physician immediately.
(d) The employer shall provide the following information to medical personnel treating an employee suspected of being exposed to a pesticide used in the commercial or research production of an agricultural commodity:
- (1) Copies of the applicable Safety Data Sheet(s) and the product name(s), U.S. Environmental Protection Agency registration number(s), and active ingredient(s) for each pesticide product to which the employee may have been exposed.
- (2) The circumstances of application or use of the pesticide.
- (3) The circumstances that could have resulted in exposure to the pesticide.

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

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

6728. Medical Supervision.

(a) Whenever an employee mixes, loads, or applies a pesticide with the signal word “DANGER” or “WARNING” that contains an organophosphate or carbamate, for the commercial or research production of an agricultural plant commodity, the employer shall maintain use records that identify the employee, name of the pesticide, and the date of use. The original or copies of documents otherwise required to be maintained by this chapter may be used to meet the requirements of this section provided they contain the information required by this section.
(b) Each employer who has an employee that regularly handles pesticides specified in (a) shall have a written agreement signed by a physician registered as a medical supervisor with the Office of Environmental Health Hazard Assessment pursuant to Health and Safety Code section 105206, that includes the names and addresses of both the physician providing the medical supervision and the employer responsible for the employees, stating that the physician has agreed to provide medical supervision and that the physician possesses a copy of, and is aware of the contents of the document “Medical Supervision of Pesticide Workers-Guidelines for Physicians” (available from the Office of Environmental Health Hazard Assessment). A copy of this agreement shall be given to the commissioner by the employer no later than when an employee begins to regularly handle pesticides specified in (a).
(c) The employer’s responsibilities for medical supervision for employees regularly handling pesticides specified in (a) shall include the following:
- (1) All covered employees shall have baseline red cell and plasma cholinesterase determinations. Baseline must be established after a period of at least 30 days during which the employee has had no exposure to organophosphate or carbamate pesticides. Baseline values shall be verified every two years. For new employees, the medical supervisor may accept previously established baseline values if they are obtained in accordance with these regulations by the same laboratory methodology and are acceptable to the laboratory which will analyze the new employee’s blood samples.
- (2) (A) The employer shall ensure that each employee, not previously under medical supervision associated with that employer, has red cell and plasma cholinesterase determinations within three working days after the conclusion of each 30-day period in which pesticides specified in (a) are regularly handled.
  - (B) After three tests at 30-day intervals, further periodic monitoring shall be at intervals specified in writing by the medical supervisor except for verification of baseline as specified in (1).
  - (C) Where the medical supervisor has made no written recommendation for continued periodic monitoring, the testing interval shall be 60 days.
- (3) The employer shall keep a record of the agreement to provide medical supervision, use records, all recommendations received from the medical supervisor and all results of cholinesterase tests required to be made on his employees by this section or by the medical supervisor. Records required by this section shall be maintained for three years and shall be available for inspection by the employee, the director, commissioner, county health official, or state health official.
- (4) The employer shall follow the recommendations of the medical supervisor concerning matters of occupational health.
- (5) The employer shall post the name, address, and telephone number of the medical supervisor in a prominent place at the locale where the employee usually starts the workday or, if there is no locale where the employee usually starts the workday, at each worksite or in each work vehicle.
(d) The employer shall investigate the work practices of any employee whose red cell or plasma cholinesterase levels fall below 80% of the baseline. The investigation of work practices shall include a review of the safety equipment used and its condition; and the employee’s work practices which included employee sanitation, pesticide handling procedures, and equipment usage. The employer shall maintain a written record of the findings, any changes in equipment or procedures and any recommendations made to the employee.
(e) The employer shall remove an employee from exposure to organophosphate or carbamate pesticides if the employee’s plasma cholinesterase level falls to 60% or less of baseline, or if red cell cholinesterase falls to 70% or less of baseline. The employee shall be removed from further exposure until cholinesterase values return to 80% or more of their respective baseline values. The employer shall maintain written records of the dates of removal and the dates when employees are returned to exposure.
(f) To meet the requirements of these regulations, acetylcholinesterase (also known as red blood cell cholinesterase) and butyrylcholinesterase (also known as plasma or serum cholinesterase or pseudocholinesterase) tests ordered by a medical supervisor for occupational health surveillance shall be performed by a clinical laboratory currently approved by the California Department of Public Health to perform these tests. By January 1, 2000, tests shall be performed according to the procedures outlined below. If tests cannot be performed according to the following procedures, the conversion procedure outlined in 6728(f)(8) shall be performed.
- (1) Using personnel and procedures acceptable to the California Department of Public Health (Business and Professions Code sections 1242,1243,1246,1269,2070; Health and Safety Code sections 120580, 1607), blood collection and storage shall be done according to the following conditions:
  - (A) Blood samples shall be kept in ice or at a temperature of 4° C until time of assay. If the sample is centrifuged to remove the erythrocytes from the plasma, the plasma shall be stored frozen at a temperature of = minus 20°C until the assay is performed. If possible, the assay shall be performed within 24 hours after blood collection. Time of sample collection, analysis, and storage conditions shall be specified on the report.
  - (B) Ethylenediaminetetraacetic acid (EDTA) or heparin shall be used as an anticoagulant in a standard vacutainer tube.
- (2) The reagents and equipment shall conform to the following conditions:
  - (A) A spectrophotometer at a wavelength between 405 and 425 nanometers shall be used.
  - (B) The assay shall be performed at a temperature of 25º C.
  - (C) The following conditions regarding the buffer/chromogen shall apply:
    1. A sodium phosphate buffer shall be used at a concentration of 0.1 M adjusted to a pH of 8.0 with a pH meter calibrated at both 7.0 and 10.0.
    2. Dithiobisnitrobenzoic acid (DTNB) at a stock concentration of 9.7 mM in 0.1 M sodium phosphate buffer pH 7.0 shall be used.
  - (D) The substrate acetylthiocholine iodide shall be used at a stock concentration of 10.1 mM in 0.1 M sodium phosphate buffer pH 8.0.
  - (E) The butyrylcholinesterase inhibitor quinidine hydrochloride monohydrate shall be used at a stock concentration of 6 mM in distilled deionized water.
- (3) The acetylcholinesterase enzyme assay shall be performed within 15 minutes of preparation and the procedure for performing the assay shall be as follows:
  - (A) Measure 0.2 mL whole blood and add into a 1.8 mL solution of deionized distilled water; mix thoroughly and keep the solution on ice.
  - (B) To 2.5 mL of the sodium phosphate buffer, add 0.02 mL of the blood solution, 0.1 mL of DTNB (0.32 mM final concentration) and 0.1 mL of quinidine (0.2 mM final concentration); mix thoroughly and allow to sit for 5 minutes.
  - (C) Add 0.3 mL acetylthiocholine iodide (1.0 mM final concentration) into the buffer/sample solution and mix thoroughly.
  - (D) Measure absorbance over the linear portion of the enzyme activity curve in the spectrophotometer.
- (4) The procedure for performing butyrylcholinesterase enzyme assay determination shall be as follows:
  - (A) Physical separation of plasma or serum shall be performed.
  - (B) If samples are frozen, they shall be thawed at room temperature to assure homogeneity of the sample.
  - (C) To 2.6 mL of the sodium phosphate buffer, add 0.02 mL of the plasma or serum and 0.1 mL of DTNB (0.32 mM final concentration), mix thoroughly and allow to sit for 5 minutes.
  - (D) Add 0.3 mL acetylthiocholine iodide (1.0 mM final concentration) into the buffer/sample solution and mix thoroughly.
  - (E) Measure absorbance over the linear portion of the enzyme activity curve in the spectrophotometer.
- (5) A Buffer Blank containing 2.6 mL of sodium phosphate buffer, 0.3 mL of acetylthiocholine (1.0 mM final concentration ), and 0.1 mL of DTNB (0.32 mM final concentration) and 0.02 mL of distilled deionized water shall be run with every batch of assays.
- (6) Reporting units shall be in International Units per milliliter of sample (IU/mL).
- (7) Baseline and follow up assays specified in 6728 (c)(2)(A) shall be conducted by the same laboratory method.
- (8) If an assay different from that described above is used, the method shall be shown comparable with the foregoing conditions and a conversion equation prepared. Results shall be reported in International Units per mL on both the original and the converted scale. The conditions to establish comparability shall be as described below.
  - (A) Using personnel and procedures acceptable to the California Department of Public Health (Business and Professions Code sections 1242, 1243, 1246, 1269, 2070; Health and Safety Code sections 120580, 1607), blood samples shall be collected from at least ten subjects.
  - (B) Blood from each subject shall be tested by serial dilution as specified in “Comparison of Acetylcholinesterase Assays Run under Conditions Specified by the Standard Ellman Method and Conditions Specified by a Commercial Cholinesterase Reagent Kit.” HS-1752, July 30, 1998, Department of Pesticide Regulation, Worker Health and Safety Branch.
  - (C) Test dilutions shall be made at 100% and 50% of enzyme activity.
  - (D) Triplicate samples shall be run by both the reference and the alternative methods.
  - (E) Pearson product-moment correlation coefficient squared (r2) shall be at least 0.9 between results of the alternative and reference methods.

NOTE: Authority cited: Section 12981, Food and Agricultural Code.

Reference: Sections 12980 and 12981, Food and Agricultural Code; Section 105206, Health and Safety Code.

6730. Working Alone.

(a) An employee mixing, loading, or applying a pesticide in toxicity category one for production of an agricultural commodity may not work alone during daylight hours unless personal, radio, or telephone contact is made to a responsible adult at intervals not exceeding two hours.
(b) An employee mixing, loading, or applying a pesticide in toxicity category one for production of an agricultural commodity may not work alone during nighttime hours unless personal, radio, or telephone contact is made to a responsible adult at intervals not exceeding one hour.
(c) A pilot, mixer-loader, and/or flagger team shall be considered as working together. In the case of two ground applicators working in the same field, no additional person is necessary if they can see each other or each other’s application vehicles.

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

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

6731. Employee Communication.

Except as provided for in section 6540, the employer shall ensure a means for the employee to immediately communicate with the certified applicator supervising the employee using a California restricted material specified in section 6400 pursuant to section 6406. This communication may be in person or by voice, two-way radio, cell phone, video conference or other similar means of direct communication. Text messaging, e-mail, voicemail, and other means of indirect communication do not meet the requirement for this standard.

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

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

6732. Change Area.

For any employee who regularly handles pesticides with the signal word “DANGER” or “WARNING”, and for all employees who handle any pesticides for the commercial or research production of an agricultural plant commodity, the employer shall assure that there is, at the place where employees end their exposure period and remove their personal protective equipment, an area where employees may change clothes and wash themselves. Clean towels, soap, and sufficient water shall be available to allow for thorough washing. For employees who handle pesticides for the commercial or research production of an agricultural plant commodity, the change area must meet the requirements specified in section 6734(a), (b)(1), and (b)(2). The employer shall provide a clean, pesticide-free place where employees may store any personal clothing not in use while at work handling pesticides.

NOTE: Authority cited: Section 12981, Food and Agricultural Code.

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

6734. Handler Decontamination Facilities.

(a) The employer shall assure that sufficient water, soap and single use towels for routine washing of hands and face and for emergency eye flushing and washing of the entire body are available for employees as specified in this section.
- (1) This water shall be of a quality and temperature that will not cause illness or injury when it contacts the skin or eyes or if it is swallowed, and shall be stored separate from that used for mixing with pesticides unless the tank holding water for mixing with pesticides is equipped with appropriate valves to prevent back flow of pesticides into the water.
- (2) One clean change of coveralls shall be available at each decontamination site.
(b) For employees handling pesticides used in the commercial or research production of an agricultural commodity, the employer shall assure:
- (1) The water required to be available in (a) is at least three gallons per handler at the beginning of each handler’s work day.
- (2) Hand sanitizing gels and liquids or wet towelettes are not used to meet the requirement for soap and single use towels as specified in (a).
- (3) The decontamination site is at the mixing/loading site and not more than 1/4 mile (or at the nearest point of vehicular access) from other handlers, except that the decontamination site for pilots may be at the loading site regardless of distance from where the pilot is working. The decontamination site must not be in an area being treated or under a restricted entry interval unless:
  - (A) The handlers for whom the site is provided are working in that area being treated or under a restricted entry interval;
  - (B) The soap, towels, and extra change of coveralls are in an enclosed container; and
  - (C) The water is running tap water or enclosed in a container.
- (4) Employees are notified of the location of the decontamination site prior to handling pesticides.
- (5) One pint of water for emergency eye flushing is immediately available to each employee (carried by the handler or on the vehicle or aircraft the handler is using) if the pesticide product labeling requires protective eyewear. When the handler is mixing or loading a pesticide then only the requirements in (6) apply.
- (6) At the mixing/loading site there is immediate employee access to at least one system capable of delivering gently running water at a rate of least 0.4 gallons per minute for at least 15 minutes, or at least six gallons of water in containers suitable for providing a gentle eye-flush for about 15 minutes for emergency eye-flushing, if the product labeling requires protective eyewear or a closed mixing system is used.
(c) The decontamination site for employees handling pesticides for uses other than the commercial or research production of an agricultural plant commodity shall be within 100 feet of the mixing/loading site when they are handling pesticides with the signal word “DANGER” or “WARNING” on the label.

NOTE: Authority cited: Section 12981, Food and Agricultural Code.

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

6736. Coveralls. [Repealed]

NOTE: Authority cited: Section 12981, Food and Agricultural Code.

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

6738. Personal Protective Equipment Care.

(a) The employer shall:
- (1) Provide all personal protective equipment required by pesticide product labeling, regulation, and restricted material permit condition, provide for its daily inspection and cleaning (according to pesticide labeling instructions or, absent any instructions, washed in detergent and hot water), and repair or replace any worn, damaged, or heavily contaminated personal protective equipment. Leather gloves used to apply only aluminum phosphide or magnesium phosphide pesticides and which have been aerated for 12 hours or more are considered cleaned.
- (2) Assure that all clean personal protective equipment, when not in use, is kept separate from personal clothing and in a clean and pesticide-free, specifically designated place.
- (3) Assure that personal protective equipment is used correctly for its intended purpose.
- (4) Keep and wash potentially contaminated personal protective equipment separately from other clothing or laundry.
- (5) Assure that all clean personal protective equipment is either dried thoroughly before being stored or is put in a well-ventilated place to dry.
- (6) Assure that personal protective equipment remains the property of the employer and that pesticide handlers are not allowed or directed to take potentially contaminated personal protective equipment into their homes. However, employees whose work day does not involve return to the employer’s headquarters shall remove and store potentially contaminated coveralls in a sealable container outside of their own living quarters for later return to the employer.
- (7) Assure that any person or firm assigned or hired to clean or repair potentially contaminated personal protective equipment is protected and informed in accordance with the requirements of section 6744.

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

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

6738.1. Personal Protective Equipment Use.

Personal protective equipment may be required by pesticide product labeling, regulations, or restricted material permit conditions. Except as provided in section 6738.4, the employer shall assure that:

(a) Employees wear protective eyewear as specified in section 6738.2 when employees are mixing, loading, or applying pesticides by hand or ground rig, and when exposed to application, mixing, or loading equipment (such as but not limited to hoppers, tanks, or lines) that contains or is contaminated with pesticide.
(b) Employees wear chemical-resistant gloves as specified in section 6738.3 when employees are mixing, loading, or applying pesticides by hand or ground rig, or when exposed to application equipment (such as but not limited to aircraft, hoppers, tanks, or lines) that contains or is contaminated with pesticide.
(c) Employees wear chemical-resistant footwear when required. Unless specified on the pesticide product labeling, chemical-resistant shoes, chemical-resistant boots, or chemical-resistant coverings worn over shoes or boots meet this requirement.
(d) Employees wear a chemical-resistant hood or a wide-brim chemical-resistant hat when chemical-resistant headgear is required.
(e) Employees wear coveralls whenever they handle pesticides with the signal word “DANGER” or “WARNING” except when using fumigants unless the pesticide product labeling expressly requires the use of coveralls.
(f) Employees wear a chemical-resistant apron when required. The apron must cover the front of the body from mid-chest to the knees.
(g) Employees wear a chemical-resistant suit that covers the torso, head, arms, and legs when a full-body chemical-resistant suit is required.
- (1) If the ambient temperature exceeds 80°F during daylight hours or 85°F during nighttime hours (sunset to sunrise), employees required to wear a chemical-resistant suit must not handle the pesticide(s) unless the pesticide is handled pursuant to subsections 6738.4(c) or (e); or employees use cooled chemical-resistant suits, or engineering controls, to reduce temperatures to an effective working environment of 80°F during daylight hours or 85°F during nighttime hours (sunset to sunrise).

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

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

6738.2. Selection of Protective Eyewear.

The employer shall assure that appropriate protective eyewear, providing brow and temple protection that conforms to the curvature of the face and side protection to the eyes, is worn when its use is required.

(a) Whenever protective eyewear is required, and the labeling does not identify a specific type, one of the following types of eyewear or eye protective devices bearing evidence of compliance with American National Standard for Occupational and Education Personal Eye and Face Protection Devices ANSI Z87.1 – 2010 must be worn:
- (1) Safety glasses that provide front, brow, and temple protection.
- (2) Goggles.
- (3) Face shield.
(b) If the pesticide labeling identifies a specific type of protective eyewear, that specified eyewear or more protective eyewear, must be worn.
(c) Use of a respirator with a full-face mask approved by the National Institute of Occupational Safety and Health (NIOSH) will satisfy the protective eyewear requirement, unless specifically prohibited by the pesticide labeling.
(d) The wearing of prescription lenses must not interfere with the fit and function of the protective eyewear and the protective eyewear must not interfere with the fit and function of prescription lenses.

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

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

6738.3. Selection of Gloves.

The employer shall assure that appropriate chemical-resistant gloves are worn by employees when their use is required.

(a) If the barrier material is specified by a category on the product labeling, the required glove material must be:
- (1) Category A: barrier laminate, butyl rubber, nitrile rubber, neoprene, natural rubber, polyethylene, polyvinyl chloride (PVC), or Viton®.
- (2) Category B: barrier laminate or butyl rubber.
- (3) Category C: barrier laminate, butyl rubber, nitrile rubber, neoprene, PVC, or Viton®.
- (4) Category D: barrier laminate or butyl rubber.
- (5) Category E: barrier laminate, nitrile rubber, neoprene, or Viton®.
- (6) Category F: barrier laminate, butyl rubber, nitrile rubber, or Viton®.
- (7) Category G or H: barrier laminate, or Viton®.
(b) If use of chemical-resistant gloves is required by pesticide labeling without specification of a barrier material or category, the barrier material may be any cited in (a).
(c) All barrier materials must be 14 mils or thicker except:
- (1) barrier laminate and polyethylene materials.
- (2) when chemical-resistant gloves are used to make fine adjustments to equipment or other activities that require high dexterity and motor control skill the gloves must be made of an appropriate barrier material, as specified in (a) and (b) above, and only be used for a maximum of 15 minutes. Such gloves may only be used once for such specific tasks and must be discarded and not reused after the task is accomplished.
(d) Separable glove liners made of cotton or other absorbent materials may be worn under chemical-resistant gloves unless expressly prohibited by pesticide product labeling. The glove liners must not extend beyond the end of the chemical-resistant glove. Glove liners must be disposed of at the end of the workday, or immediately if any portion of the liner comes in contact with pesticide during the workday.
- (1) Flocked gloves or those with other types of non-separable liners are prohibited.
(e) Leather gloves may be worn over chemical-resistant gloves when required by working conditions. Once leather gloves have been used for this purpose, they must not be worn without being worn over chemical-resistant gloves.
(f) If chemical-resistant gloves are brought into the cockpit of an aircraft that has been used to apply pesticides, the gloves must be stored in an enclosed chemical-resistant container.

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

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

6738.4. Personal Protective Equipment Exemptions.

The following exceptions and substitutions to personal protective equipment required by pesticide product labeling or regulation are permitted. However, employers shall assure that all exempted personal protective equipment is present and available for use at the worksite and stored in a chemical-resistant container, such as a plastic bag, even if the personal protective equipment’s use is exempted by this section.

(a) Chemical-resistant gloves and protective eyewear are not required when:
- (1) applying in an enclosed cab;
- (2) using vehicle-mounted or towed equipment with spray nozzles that are located below the employee and directed downward;
- (3) applying vertebrate pest control baits using long-handled implements that avoid actual hand contact with the bait or potentially contaminated areas of equipment;
- (4) working in situations where the handler has no liquid contact with a fumigant. The handler may wear gloves, unless expressly prohibited by pesticide product labeling; or
- (5) using an application system approved by the Director that is engineered to provide a level of protection to the employee that is equivalent to, or better than, the required personal protective equipment.
(b) Protective eyewear is not required when:
- (1) applying non-insecticidal lures or baiting insect monitoring traps;
- (2) applying solid fumigants (including, but not limited to, aluminum phosphide, magnesium phosphide, and smoke cartridges) to vertebrate burrows; or,
- (3) applying vertebrate pest control baits that are placed without being propelled from application equipment.
(c) Protective eyewear, coveralls, chemical-resistant gloves, and a chemical-resistant apron may be worn instead of personal protective equipment required by pesticide product labeling when using a closed system to handle pesticide products with the signal word “DANGER” or “WARNING”. This also applies when using a closed system to handle dry pesticide product formulations provided the requirements in section 6746(d) and (g) are met. For purposes of this subsection and subsection (d), persons mixing pesticides packaged in sealed and intact water-soluble packets are considered to be using a closed system.
(d) Protective eyewear and work clothing may be worn instead of personal protective equipment required by pesticide product labeling when using a closed system to handle pesticide products with the signal word “CAUTION”.
(e) Work clothing may be worn instead of personal protective equipment, including when required by pesticide product labeling, when occupying an enclosed cab as defined in section 6000. If a filtering facepiece respirator (NIOSH approval number prefix TC-84A) or dust/mist filtering respirator is required by the pesticide product labeling, then no respirator is required to be worn inside the enclosed cab if the enclosed cab has a properly functioning air ventilation system that is used and maintained in accordance with the manufacturer’s written operating instructions. If any other type of respirator is required by the pesticide labeling, then the respirator must be worn inside the enclosed cab during handling activities. If personal protective equipment is contaminated by use in a treated area, it shall be removed and stored in a chemical-resistant container, such as a plastic bag, before reentering the cab.
(f) Work clothing may be worn instead of personal protective equipment, including when required by pesticide product labeling, when occupying an enclosed aircraft cockpit. Respiratory protection is not required to be worn when occupying an enclosed aircraft cockpit.
(g) A helmet may be worn instead of chemical-resistant headgear when operating an aircraft.
(h) A helmet with the face shield lowered to cover the face may be worn instead of protective eyewear when operating an aircraft.

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

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

6739. Respiratory Protection.

(a) General Requirements.
- (1) The employer shall assure that:
  - (A) Employees use approved respiratory equipment in compliance with this regulation when handling pesticides where respirators are required by label, restricted material permit condition, or regulation.
- (2) In any workplace where respirators are required by label, restricted material permit condition, regulation, or employer, the employer shall establish a written respiratory protection program with work site-specific procedures. The program shall be updated as necessary to reflect those changes in workplace conditions that affect respirator use. The employer shall include in the program the following provisions, as applicable:
  - (A) Procedures for selecting respirators for use in the workplace;
  - (B) Medical evaluations of employees required to use respirators;
  - (C) Fit testing procedures for tight-fitting respirators;
  - (D) Procedures for proper use of respirators in routine and reasonably foreseeable emergency situations;
  - (E) Procedures and schedules for cleaning, disinfecting, storing, inspecting, repairing, discarding, and otherwise maintaining respirators;
  - (F) Procedures to ensure adequate air quality, quantity, and flow of breathing air for atmosphere-supplying respirators;
  - (G) Training of employees in the respiratory hazards to which they are potentially exposed during routine and emergency situations, including Immediately Dangerous to Life or Health (IDLH) atmospheres, if appropriate;
  - (H) Training of employees in the proper use of respirators, including putting on and removing them, any limitations on their use, and their maintenance; and
  - (I) Procedures for evaluating the effectiveness of the program pursuant to subsections (n)(1) and (2).
    1. The respirator program administrator shall administer the respiratory protection program in compliance with this section.
    2. The employer shall provide respirators, training, and medical evaluations at no cost to the employee.
(b) Voluntary Respirator Provision.
- (1) An employer may provide respirators at the request of employees or permit employees to use their own respirators for use on a voluntary basis, if the employer determines that such respirator use will not in itself create a hazard.
- (2) If the employer determines that any voluntary respirator use is permissible, the employer shall provide the respirator users with the information contained in subsection (r) and display this information alongside the display of either the Hazard Communication Information for Employees Handling Pesticides in Agricultural Settings (Pesticide Safety Information Series leaflet A-8), or Hazard Communication Information for Employees Handling Pesticides in Noncrop Settings (Pesticide Safety Information Series leaflet N-8), at a central location in the workplace.
- (3) Under the employer-supplied voluntary respirator provision, the employer shall establish and implement the provisions of a written respiratory protection program necessary to ensure that any employee using a respirator voluntarily is medically able to use that respirator, and that the respirator is cleaned, stored, and maintained so that its use does not present a health hazard to the user. Employers are not required to include a written respiratory protection program for those employees whose only use of respirators involves the voluntary use of filtering facepieces.
  - (A) The employer shall provide respirators, training, and medical evaluations at no cost to the employee.
(c) Selection of Respirators. The employer shall select and provide an appropriate respirator certified by the National Institute for Occupational Safety and Health (NIOSH) based on the respiratory hazard(s) and relevant workplace and user factors to which the worker is exposed; and the appropriate pesticide label, restricted materials permit condition, regulation, or employer requirements, whichever is most protective.
- (1) The employer shall select respirators from a sufficient number of respirator models and sizes so that the respirator is acceptable to, and correctly fits, the user.
- (2) Fumigant-confining structures shall be considered IDLH atmosphere unless proven not to be by appropriate measuring devices as to that chemical. The employer shall provide the following respirators for employee use in IDLH atmospheres:
  - (A) A full facepiece pressure demand self-contained breathing apparatus (SCBA) certified by NIOSH for a minimum service life of thirty minutes, or
  - (B) A combination full facepiece pressure demand supplied-air respirator (SAR) with auxiliary self-contained air supply.
  - (C) Respirators provided only for escape from IDLH atmospheres shall be NIOSH-certified for escape from the atmosphere in which they will be used.
(d) Medical Evaluation. The employer shall ensure a medical evaluation is conducted to determine the employee’s ability to use a respirator before the employee is fit tested or required to use the respirator in the workplace. The employer may discontinue an employee’s medical evaluations when the employee is no longer required to use a respirator.
- (1) Medical Evaluation Procedures.
  - (A) The employer shall identify a physician or other licensed health care professional (PLHCP) to perform medical evaluations using the medical questionnaire in subsection (q) or an equivalent form or an initial medical examination that obtains the same information as the medical questionnaire.
  - (B) The medical evaluation shall obtain the information requested by the questionnaire in subsection (q), sections 1 and 2.
- (2) Follow-up Medical Examination.
  - (A) The employer shall ensure that a follow-up medical examination is provided when a PLHCP determines that there is a need for a follow-up medical examination.
  - (B) The follow-up medical examination shall include any medical tests, consultations, or diagnostic procedures that the PLHCP deems necessary to make a final determination.
- (3) Administration of the Medical Questionnaire and Examinations.
  - (A) The medical questionnaire and examinations shall be administered confidentially during the employee’s normal working hours or at a time and place convenient to the employee. The medical questionnaire shall be administered in a manner that ensures that the employee understands its content.
  - (B) The employer shall provide the employee with an opportunity to discuss the questionnaire and examination results with the PLHCP.
- (4) Supplemental Information for the PLHCP.
  - (A) The employer shall provide the following information to the PLHCP before the PLHCP makes a recommendation concerning an employee’s ability to use a respirator:
    1. The type and weight of the respirator to be used by the employee;
    2. The duration and frequency of respirator use (including use for rescue and escape);
    3. The expected physical work effort;
    4. Additional protective clothing and equipment to be worn; and
    5. Temperature and humidity extremes that may be encountered.
  - (B) The employer shall not be required to provide any supplemental information provided previously to the PLHCP regarding an employee for a subsequent medical evaluation if the information and the PLHCP remain the same. When the employer replaces a PLHCP, the employer shall ensure that the new PLHCP obtains the information specified in (4)(A)1-5 by having the documents transferred from the former PLHCP to the new PLHCP. Employers are not required to have employees medically reevaluated solely because a new PLHCP has been selected.
  - (C) The employer shall provide the PLHCP with a copy of the written respiratory protection program and a copy of this section.
- (5) Medical Determination.
  - (A) The employer shall obtain a written medical recommendation from the PLHCP regarding the employee’s ability to use the respirator. The written medical recommendation shall be provided on the form in subsection (s) or provide substantially the same information as follows:
    1. Any limitations on respirator use related to the medical condition of the employee, or relating to the workplace conditions in which the respirator will be used, including whether or not the employee is medically able to use the respirator;
    2. The need, if any, for follow-up medical evaluations; and
    3. A statement that the PLHCP has provided the employee with a copy of the PLHCP’s written medical recommendation.
  - (B) If a negative pressure respirator is to be used and the PLHCP finds a medical condition that may place the employee’s health at increased risk, the employer shall either provide a powered air purifying respirator (PAPR) provided the PLHCP’s medical evaluation finds that the employee can use such a respirator or make changes in the workplace such that respiratory protection is not required. If a subsequent medical evaluation finds that the employee is medically able to use a negative pressure respirator, then the employer shall no longer be required to provide a PAPR.
- (6) Additional Medical Evaluations. The employer shall provide additional medical evaluations that comply with the requirements of this section if:
  - (A) An employee reports medical signs or symptoms that are related to their ability to use a respirator;
  - (B) A PLHCP, supervisor, or the respirator program administrator informs the employer that an employee needs to be reevaluated;
  - (C) Information from the respiratory protection program administrator, including observations made during fit testing and program evaluation, indicates a need for employee reevaluation; or
  - (D) A change occurs in workplace conditions including, but not limited to, physical work effort, protective clothing, or temperature, that may result in a substantial increase in the physiological burden placed on an employee.
(e) Fit Testing. The employer shall assure that employees using a tight-fitting facepiece respirator pass an appropriate qualitative fit test (QLFT) or quantitative fit test (QNFT).
- (1) The employer shall ensure that an employee using a tight-fitting facepiece respirator is fit tested before initial use of the respirator, whenever a different respirator facepiece (size, style, model or make) is used, and at least annually thereafter.
- (2) The employer shall conduct an additional fit test whenever the employee reports, or the employer, PLHCP, supervisor, or respirator program administrator makes visual observations of changes in the employee’s physical condition that could affect respirator fit. Such conditions include, but are not limited to, facial scarring, dental changes, cosmetic surgery, or an obvious change in body weight.
- (3) If after passing a QLFT or QNFT, the employee subsequently notifies the employer, PLHCP, supervisor, or respirator program administrator that the fit of the respirator is unacceptable, the employee shall be given a reasonable opportunity to select a different respirator facepiece and to be retested.
- (4) The fit test shall be administered using either the Cal/OSHA-accepted QLFT or QNFT protocols (Title 8, California Code of Regulations, section 5144, Appendix A), or as recommended by the manufacturer of the respirator, if such recommendations are in accordance with Title 8 CCR section 5144, Appendix A, Part II. QLFT is acceptable for all negative-pressure tight-fitting half or full facepiece respirators used in the application of pesticides.
- (5) If the fit factor, as determined through a Cal/OSHA-accepted QNFT protocol (Title 8, California Code of Regulations, section 5144, Appendix A), is equal to or greater than 100 for tight-fitting half facepieces, or equal to or greater than 500 for tight-fitting full facepieces, the QNFT has been passed with that respirator.
- (6) Fit testing of tight-fitting atmosphere-supplying respirators and tight-fitting powered air-purifying respirators shall be accomplished by performing quantitative or qualitative fit testing in the negative pressure mode, regardless of the mode of operation (negative or positive pressure) that is used for respiratory protection.
  - (A) Qualitative fit testing of these respirators shall be accomplished by temporarily converting the respirator user’s actual facepiece into a negative pressure respirator with appropriate filters, or by using an identical negative pressure air-purifying respirator facepiece with the same sealing surfaces as a surrogate for the atmosphere-supplying or powered air-purifying respirator facepiece.
  - (B) Quantitative fit testing of these respirators shall be accomplished by modifying the facepiece to allow sampling inside the facepiece in the breathing zone of the user, midway between the nose and mouth. This requirement shall be accomplished by installing a permanent sampling probe onto a surrogate facepiece, or by using a sampling adapter designed to temporarily provide a means of sampling air from inside the facepiece.
  - (C) Any modifications to the respirator facepiece for fit testing shall be completely removed, and the facepiece restored to NIOSH-approved configuration, before that facepiece can be used in the workplace.
(f) Facepiece Seal Protection. A respirator that requires a tight face-to-facepiece seal shall not have any interference with the establishment of this seal. The employer shall ensure that:
- (1) Employees shall not wear a respirator with a tight-fitting facepiece if:
  - (A) Facial hair comes between the sealing surface of the facepiece and the face or interferes with valve function; or
  - (B) Any physical or mental condition interferes with the face-to-facepiece seal or valve function.
- (2) Corrective glasses or goggles or other personal protective equipment worn by an employee do not interfere with the face-to-facepiece seal.
- (3) Employees perform a user seal check each time they put on the respirator using the Cal/OSHA procedures (Title 8, California Code of Regulations, section 5144, Appendix B-1) or procedures recommended by the respirator manufacturer that the employer demonstrates are as effective as those in the Cal/OSHA procedures when using tight-fitting respirators.
- (4) Appropriate surveillance shall be maintained of work area conditions and degree of employee exposure or stress. When there is a change in work area conditions or degree of employee exposure or stress that may affect respirator effectiveness, the employer shall reevaluate the continued effectiveness of the respirator.
- (5) Employees shall leave the contaminated area:
  - (A) To wash their faces and respirator facepieces as necessary to prevent eye or skin irritation associated with respirator use;
  - (B) If they detect vapor or gas breakthrough, changes in breathing resistance, or leakage of the facepiece; or
  - (C) To replace or adjust the respirator or the filter, cartridge, or canister elements.
- (6) If the employee detects vapor or gas breakthrough, changes in breathing resistance, or leakage of the facepiece, the employer shall replace or repair the respirator before allowing the employee to return to the work area.
(g) Procedures for Immediately Dangerous to Life or Health (IDLH) Atmospheres. Fumigant-confining structures shall be considered IDLH atmosphere unless proven not to be by appropriate measuring devices. For all IDLH atmospheres, the employer shall assure that:
- (1) One employee, or when needed pursuant to (2), more than one employee is located outside the IDLH atmosphere;
- (2) Visual, voice, or signal line communication is maintained between the employee(s) in the IDLH atmosphere and the employee(s) located outside the IDLH atmosphere;
- (3) The employee(s) located outside the IDLH atmosphere is trained and equipped to provide effective emergency rescue;
- (4) The employee(s) located outside the IDLH atmosphere notifies the employer or designee, and/or calls 9-1-1 before entering the IDLH atmosphere to provide emergency rescue. Once notified, the employer or designee authorized to do so by the employer, shall provide necessary assistance appropriate to the situation; and
- (5) Employee(s) located outside the IDLH atmospheres is equipped with:
  - (A) Pressure demand or other positive pressure self-contained breathing apparatus (SCBA), or a pressure demand or other positive pressure supplied-air respirator with auxiliary SCBA; and if necessary,
  - (B) Appropriate retrieval equipment for removing the employee(s) who enter(s) these hazardous atmospheres where retrieval equipment would contribute to the rescue of the employee(s) and would not increase the overall risk resulting from entry.
(h) Cleaning and Disinfecting. The employer shall provide each respirator user with a respirator that is clean, sanitary, and in good working order. The employer shall ensure that respirators are cleaned and disinfected using the procedures recommended by the respirator manufacturer. If the manufacturer requires a cleaning agent that does not contain a disinfectant, the respirator components shall be disinfected with a registered disinfectant approved for such use. The employer shall assure that:
- (1) Respirators issued for the exclusive use of an employee shall be cleaned and disinfected as often as necessary to be maintained in a sanitary condition.
- (2) Respirators maintained for emergency use shall be cleaned and disinfected after each use.
- (3) Respirators that are collected and reissued for use of any employee shall be cleaned and disinfected before reissued.
- (4) Respirators are stored to protect them from damage, contamination, dust, sunlight, extreme temperatures, excessive moisture, and damaging chemicals. Respirators shall be packed or stored to prevent deformation of the facepiece and exhalation valve.
(i) Storage of Emergency Respirators. Emergency respirators shall be:
- (1) Stored immediately accessible to the work area.
- (2) Stored in compartments or in covers that are clearly marked as containing emergency respirators.
- (3) Stored in accordance with any applicable manufacturer instructions.
- (4) Stored in such a location as to be safely accessible for use if conditions develop requiring utilization of emergency respiratory protection.
(j) Inspection and Repair.
- (1) The employer shall ensure that all respirators are inspected before each use and during cleaning, and that:
  - (A) Routine-use respirator inspections include the following:
    1. A check of respirator function, tightness of connections, and the condition of the various parts including, but not limited to, the facepiece, head straps, valves, connecting tube, and cartridges, canisters or filters;
    2. A check of elastomeric parts for pliability and signs of deterioration; and
    3. SCBA air cylinders are checked to ensure that at least one routine use SCBA air cylinder is charged to 80 percent of the manufacturer’s recommended pressure level at the beginning of the workday.
  - (B) Emergency-use or second respirators are checked to ensure that the air cylinders are maintained at 100 percent of manufacturer’s recommended capacity just prior to each use of a pesticide requiring their presence.
  - (C) Emergency-use respirators are also inspected at least monthly according to the routine-use inspection criteria, manufacturer’s recommendations, and include performance of the following:
    1. A check for proper function;
    2. A certification that documents the date the inspection was performed, the name (or signature) of the person who made the inspection, the findings, required remedial action, and a serial number or other means of identifying the inspected respirator; and that this information is included on a tag or label that is attached to the storage compartment for the respirator or is kept with the respirator. This information shall be maintained until replaced following a subsequent certification; and
    3. A check for properly functioning SCBA regulator and warning devices.
  - (D) Escape-only respirators must be inspected according to the routine-use inspection criteria, and before being brought into the workplace for use.
- (2) The employer shall ensure that respirators that fail an inspection or are otherwise found to be defective shall be removed from service, and discarded, repaired, or adjusted in accordance with the following procedures:
  - (A) Repairs or adjustments to respirators shall be made only by persons appropriately trained to perform such operations and shall use only the respirator manufacturer’s NIOSH-approved parts designed for the respirator;
  - (B) Repairs shall be made according to the manufacturer’s recommendations and specifications for the type and extent of repairs to be performed; and
  - (C) Reducing and admission valves, regulators, and alarms shall be adjusted or repaired only by the manufacturer or a technician trained by the manufacturer.
(k) Breathing Air Quality and Use. The employer shall ensure:
- (1) Compressed breathing air suppliers meet at least the requirements for Grade D breathing air described by the Compressed Gas Association (CGA) Commodity Specification for Air, G-7.1-1997 and certify such with a Certificate of Analysis (original or copy) from the supplier.
- (2) Cylinders shall be tested and maintained as prescribed in the Shipping Container Specification Regulations of the Department of Transportation (49 Code of Federal Regulation part 173 and part 178).
- (3) Compressors used to supply breathing air to respirators are constructed and situated so as to conform to Title 8, California Code of Regulations, section 5144.
(l) Identification of Filters, Cartridges, and Canisters. The employer shall ensure that all filters, cartridges and canisters used in the workplace are labeled and color-coded with the NIOSH approval label. The label shall remain legible and not be removed.
(m) Training and Information. In addition to the training requirements specified in section 6724, the employer shall ensure that:
- (1) Each employee can demonstrate knowledge of at least the following:
  - (A) Why the respirator is necessary and how improper fit, usage, or maintenance can compromise the protective effect of the respirator;
  - (B) What the limitations and capabilities of the respirator are;
  - (C) How to use the respirator effectively in emergency situations, including situations in which the respirator malfunctions;
  - (D) How to inspect, put on and remove, use, and check the seals of the respirator;
  - (E) What the procedures are for maintenance and storage of the respirator;
  - (F) How to recognize medical signs and symptoms that may limit or prevent the effective use of respirators; and
  - (G) The general requirements of this section.
- (2) Training shall be conducted in a manner that is understandable to the employee.
- (3) Training is provided prior to requiring the employee to use a respirator in the workplace.
- (4) A new employee who has received training within the last 12 months that addresses the elements specified in subsection (m)(1)(A) through (G) is not required to repeat such training provided that, as required by subsection (m)(1), the employee can demonstrate knowledge of those element(s). Previous training not repeated initially by the employer must be provided no later than 12 months from the date of the previous training.
- (5) Retraining shall be administered annually, and when the following situations occur:
  - (A) Changes in the workplace or the type of respirator render previous training obsolete;
  - (B) Inadequacies in the employee’s knowledge or use of the respirator indicate that the employee has not retained the requisite understanding or skill; or
  - (C) Any other situation arises in which retraining appears necessary to ensure safe respirator use.
- (6) The basic advisory information on respirators specified in (r) is provided in any written or oral format to employees who wear respirators when such use is not required by label, restricted materials permit condition, regulation, or by the employer.
(n) Program Evaluation.
- (1) The employer shall conduct evaluations of the workplace as necessary to ensure that the provisions of the current written program are being effectively implemented and that it continues to be effective as required by this section.
- (2) The employer shall annually consult employees required to use respirators to assess the employees’ views on program effectiveness and to identify any problems. Any problems that are identified during this assessment shall be corrected. Factors to be assessed include, but are not limited to:
  - (A) Respirator fit (including the ability to use the respirator without interfering with effective workplace performance);
  - (B) Appropriate respirator selection for the pesticides to which the employee is exposed;
  - (C) Proper respirator use under the workplace conditions the employee encounters; and
  - (D) Proper respirator maintenance.
- (3) A written record of these evaluations and consultations shall be documented and at least contain:
  - (A) Name of workers consulted.
  - (B) Date of evaluation/consultation.
  - (C) Description of any finding from the evaluation or consultation requiring modification of written respiratory protection program or a declaration of no findings.
- (4) Any findings from either the employer evaluation or the employee consultation that necessitate the modification to the written respiratory protection program shall be implemented within 30 days from the date of the evaluation/consultation.
(o) End-of-Service Life. When air-purifying respirators are required for protection against pesticides, the employer shall ensure that air-purifying elements (or entire respirator, if disposable type) shall be replaced according to the following hierarchically arranged criteria:
- (1) At the first indication of odor, taste, or irritation while in use, the respirator wearer leaves the contaminated area, adjusts the mask for fit and on returning still encounters odor, taste, or irritation. This criterion item supercedes any of the criteria listed in (2)-(6).
- (2) When any End-of-Service-Life-Indicator (ESLI) indicates that the respirator has reached its end of service;
- (3) All disposable filtering facepiece respirators shall be discarded at the end of the workday;
- (4) According to pesticide-specific label directions/recommendations;
- (5) According to pesticide-specific directions from the respirator manufacturer;
- (6) Absent any pesticide-specific directions/recommendations, at the end of the day’s work period;
(p) Recordkeeping. The employer shall retain written information regarding medical recommendations, fit testing, and the respirator program.
- (1) Records required by this section shall be maintained while the employee is required to use respiratory protection and for three years after the end of employment conditions requiring respiratory protection and shall be available for inspection by the employee, the Director, or commissioner.
- (2) Fit testing.
  - (A) The employer shall establish a record of the qualitative and quantitative fit tests administered to an employee including:
    1. The name or identification of the employee tested;
    2. Type of fit test performed;
    3. Specific make, model, style, and size of respirator tested;
    4. Date of test; and
    5. The pass/fail results for qualitative fit testing or the fit factor and strip chart recording or other recording of the test results for QNFTs.
- (3) A written copy of the current respirator program shall be retained by the employer. Previous versions of the written respirator protection program shall be retained for three years.
- (4) Written information required to be retained under this subsection shall be made available upon request to employees falling under the respiratory protection program and to the commissioner or persons designated by the Director for review and copying.
(q) Medical Evaluation Questionnaire. The completion of this form, or a form that obtains the same information as the medical questionnaire by each respirator wearing employee; and the review of the completed form by a physician or licensed health care provider, is mandatory for all employees whose work activities require the wearing of respiratory protection.

The medical evaluation questionnaire shall be administered in a manner that ensures that the employee understands the document and its content. The person administering the questionnaire shall offer to read or explain any part of the questionnaire to the employee in a language and manner the employee understands. After giving the employee the questionnaire, the person administering the questionnaire shall ask the following question of the employee: “Can you read and complete this questionnaire?” If the answer is affirmative, the employee shall be allowed to confidentially complete the questionnaire. If the answer is negative, the employer must provide either a copy of the questionnaire in a language understood by the employee or a confidential reader, in the primarily understood language of the employee.

To the employee:

Can you read (circle): Yes/No (This question to be asked orally by employer. If yes, employee may continue with answering form. If no, employer must provide a confidential reader, in the primarily understood language of the employee.)

Your employer must allow you to answer this questionnaire during normal working hours, or at a time and place that is convenient to you. To maintain your confidentiality, your employer or supervisor must not look at or review your answers, and your employer must tell you how to deliver or send this questionnaire to the health care professional who will review it.

Section 1. (Mandatory, no variance in this format allowed) Every employee who has been selected to use any type of respirator must provide the following information (please print):
1. Today’s date: ____/____/____
2. Your name: ___________________________________________________
3. Your age: _________
4. Sex (circle one): Male/Female
5. Your height: __________ ft. __________ in.
6. Your weight: ____________ lbs.
7. Your job title: _______________________________________________________
8. How can you be reached by the health care professional who reviews this questionnaire?
  ______________________________________________________________________
9. If by phone, the best time to call is Morning/Afternoon/Evening/Night at:
  (include the area code): ___ ___ ___ -___ ___ ___-___ ___ ___ ___
10. Has your employer told you how to contact the health care professional who will review this questionnaire (circle one):
  Yes/No
11. Check the type of respirator you will use (you can check more than one category):
  1. N, R, or P disposable respirator (filter-mask, noncartridge type only).
  2. Half-face respirator (particulate or vapor filtering or both)
  3. Full-face respirator (particulate or vapor filtering or both)
  4. Powered air purifying respirator (PAPR)
  5. Self contained breathing apparatus (SCBA)
  6. Supplied air respirator (SAR)
  7. Other
12. Have you worn a respirator (circle one): Yes/No
  If “yes,” what type(s):
  1. N, R, or P disposable respirator (filter-mask, noncartridge type only).
  2. Half-face respirator (particulate or vapor filtering or both)
  3. Full-face respirator (particulate or vapor filtering or both)
  4. Powered air purifying respirator (PAPR)
  5. Self contained breathing apparatus (SCBA)
  6. Supplied air respirator (SAR)
  7. Other
Section 2. (Mandatory) Every employee who has been selected to use any type of respirator must answer questions 1 through 8 below (please circle “yes” or “no”).
1. Do you currently smoke tobacco or have you smoked tobacco in the last month: Yes/No
2. Have you ever had any of the following conditions?
  1. Seizures (fits): Yes/No
  2. Allergic reactions that interfere with your breathing: Yes/No
  3. Claustrophobia (fear of closed-in places): Yes/No
  4. Trouble smelling odors: Yes/No/Do not know
  5. Diabetes (sugar disease): Yes/No/Do not know
3. Have you ever had any of the following pulmonary or lung problems?
  1. Asbestosis: Yes/No
  2. Asthma: Yes/No
  3. Chronic bronchitis: Yes/No
  4. Emphysema: Yes/No
  5. Pneumonia: Yes/No
  6. Tuberculosis: Yes/No
  7. Silicosis: Yes/No
  8. Pneumothorax (collapsed lung): Yes/No
  9. Lung cancer: Yes/No
  10. Broken ribs: Yes/No
  11. Any chest injuries or surgeries: Yes/No
  12. Any other lung problem that you have been told about: Yes/No
4. Do you currently have any of the following symptoms of pulmonary or lung illness?
  1. Shortness of breath: Yes/No
  2. Shortness of breath when walking fast on level ground or walking up a slight hill or incline: Yes/No
  3. Shortness of breath when walking with other people at an ordinary pace on level ground: Yes/No
  4. Have to stop for breath when walking at your own pace on level ground: Yes/No
  5. Shortness of breath when washing or dressing yourself: Yes/No
  6. Shortness of breath that interferes with your job: Yes/No
  7. Coughing that produces phlegm (thick sputum): Yes/No
  8. Coughing that wakes you early in the morning: Yes/No
  9. Coughing that occurs mostly when you are lying down: Yes/No
  10. Coughing up blood in the last month: Yes/No
  11. Wheezing: Yes/No
  12. Wheezing that interferes with your job: Yes/No
  13. Chest pain when you breathe deeply: Yes/No
  14. Any other symptoms that you think may be related to lung problems: Yes/No
5. Have you ever had any of the following cardiovascular or heart problems?
  1. Heart attack: Yes/No
  2. Stroke: Yes/No
  3. Angina (pain in chest): Yes/No
  4. Heart failure: Yes/No
  5. Swelling in your legs or feet (not caused by walking): Yes/No
  6. Irregular heart beat (an arrhythmia): Yes/No/Do not know.
  7. High blood pressure: Yes/No/Do not know
  8. Any other heart problem that you have been told about: Yes/No
6. Have you ever had any of the following cardiovascular or heart symptoms?
  1. Frequent pain or tightness in your chest: Yes/No
  2. Pain or tightness in your chest during physical activity: Yes/No
  3. Pain or tightness in your chest that interferes with your job: Yes/No
  4. In the past two years, have you noticed your heart skipping or missing a beat: Yes/No
  5. Heartburn or indigestion that is not related to eating: Yes/No
  6. Any other symptoms that you think may be related to heart or circulation problems: Yes/No
7. Do you currently take medication for any of the following problems?
  1. Breathing or lung problems: Yes/No
  2. Heart trouble: Yes/No
  3. Blood pressure: Yes/No
  4. Seizures (fits): Yes/No
8. If you have used a respirator, have you ever had any of the following problems?
  (If you have never used a respirator, check the following space and go to question 9:)
  1. Eye irritation: Yes/No
  2. Skin allergies or rashes: Yes/No
  3. Anxiety: Yes/No
  4. General weakness or fatigue: Yes/No
  5. Breathing difficulty: Yes/No
  6. Any other problem that interferes with your use of a respirator: Yes/No
9. Would you like to talk to the health care professional who will review this questionnaire about your answers to this questionnaire: Yes/No
  Questions 10-15 must be answered by every employee who has been selected to use either a full-facepiece respirator or a self-contained breathing apparatus (SCBA). For employees who have been selected to use other types of respirators, answering these questions is voluntary.
10. Have you ever lost vision in either eye (temporarily or permanently): Yes/No
11. Do you currently have any of the following vision problems?
  1. Wear contact lenses: Yes/No
  2. Wear glasses: Yes/No
  3. Color blind: Yes/No
  4. Any other eye or vision problem: Yes/No
12. Have you ever had an injury to your ears, including a broken ear drum: Yes/No
13. Do you currently have any of the following hearing problems?
  1. Difficulty hearing: Yes/No
  2. Wear a hearing aid: Yes/No
  3. Any other hearing or ear problem: Yes/No
14. Have you ever had a back injury: Yes/No
15. Do you currently have any of the following musculoskeletal problems?
  1. Weakness in any of your arms, hands, legs, or feet: Yes/No
  2. Back pain: Yes/No
  3. Difficulty fully moving your arms and legs: Yes/No
  4. Pain and stiffness when you lean forward or backward at the waist: Yes/No
  5. Difficulty fully moving your head up or down: Yes/No
  6. Difficulty fully moving your head side to side: Yes/No
  7. Difficulty bending at your knees: Yes/No
  8. Difficulty squatting to the ground: Yes/No
  9. Difficulty climbing a flight of stairs or a ladder carrying more than 25 lbs: Yes/No
  10. Any other muscle or skeletal problem that interferes with using a respirator: Yes/No
  At the discretion of the PLHCP, if further information is required to ascertain the employee’s health status and suitability for wearing respiratory protection, the PLHPC may include and require the questionnaire found in Title 8, California Code of Regulations, section 5144, Appendix C, Part B, Questions 1-19.
(r) Voluntary Respirator Provision Information. The employer shall ensure that the following information is provided to employees who voluntarily wear a respirator when not required to do so by label, restricted materials permit condition, regulation, or employer.

Information for Employees Using Respirators When Not Required By Label or Restricted Material Permit Conditions or Regulation.

Respirators are an effective method of protection against designated hazards when properly selected and worn. Respirator use, even when exposures are below the exposure limit, may provide an additional level of comfort and perceived protection for workers. However, if a respirator is used improperly or not kept clean, the respirator itself can become a hazard to the worker. Sometimes, workers may wear respirators to avoid exposures to hazards, even if the amount of hazardous substance does not exceed the limits set by OSHA standards or Department of Pesticide Regulation guidelines. If your employer provides respirators for your voluntary use, or if you provide your own respirator, you need to take certain precautions to be sure that the respirator itself does not present a hazard.

You should do the following:
1. Read and follow all instructions provided by the manufacturer on use, maintenance, cleaning and care, and warnings regarding the respirators limitations.
2. Choose respirators certified for use to protect against the contaminant of concern. NIOSH, the National Institute for Occupational Safety and Health of the U.S. Department of Health and Human Services, certifies respirators. A label or statement of certification should appear on the respirator or respirator packaging. It will tell you what the respirator is designed for and how much it will protect you.
3. Do not wear your respirator into atmospheres containing contaminants for which your respirator is not designed to protect against. For example, a respirator designed to filter dust particles will not protect you against gases, vapors, or very small solid particles of fumes or smoke.
4. Keep track of your respirator so that you do not mistakenly use someone else’s respirator.
5. Air filtering respirators DO NOT supply oxygen. Do not use in situations where the oxygen levels are questionable or unknown.
(s) Medical Recommendation Form. A physician or other licensed health care professional’s report of evaluation and approval for respirator use must be on file with the employer before work requiring respirator use is allowed. The following or substantially similar statement from a physician is acceptable:

On ______________________, I evaluated ________________________________.
Date Patient’s name
At this time there (are)/(are not) medical contraindications to the employee named above wearing a respirator while working in potential pesticide exposure environments. The patient (does)/(does not) require further medical evaluation at this time. Any restrictions to wearing a respirator or to the type of respiratory protection are given below.
_____________________________________________________________________________________________________________________________
____________________________________________________________________________________________________________
I have provided the above-named patient with a copy of this form.
______________________________ __________________
Physician Date

INFORMATIONAL NOTE for section 6739: Employers requiring employees to enter oxygen-deficient atmospheres shall conform to respiratory protection requirements in Title 8, California Code of Regulations, section 5144. Oxygen-deficient atmospheres contain less than 19.5 percent oxygen by volume.

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

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

6740. Adequate Light.

Whenever natural light in a mixing/loading area is not adequate to allow an employee to read the label and work in a safe manner, artificial light shall be provided in such areas that is sufficient to perform these activities.

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

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

6742. Safe Equipment.

(a) The employer shall instruct employees in the safe operation of any equipment used for mixing, loading, transferring, or applying pesticides prior to initial use of the equipment and at least annually thereafter.
(b) The employer shall ensure equipment used for mixing, loading, transferring, or applying pesticides is inspected before each day of use, is in operating condition as intended by the manufacturer, and can be used without risk of reasonably foreseeable adverse effects to the employee, other persons, or the environment. Equipment with any safety defect must be repaired or replaced before use.
(c)(1) All openings on tanks used for mixing or applying pesticides must be equipped with covers that will prevent splashes and spills.
- (2) Flexible hoses carrying liquid pesticides in toxicity categories one or two under pressure must not pass unshielded through the cockpit of an airplane or helicopter.
- (3) Shut-off devices must be installed on the exit end of all hoses carrying liquid pesticides in toxicity categories one or two from mixing tanks that are adequate to prevent splashes onto the employee doing the loading when filling operations are stopped and the filler hose is removed from the inlet to the tank of the application vehicle. As an alternative, a reversing action pump, or similar system, may be used that will empty the hose and will eliminate dripping of liquid from the end of the hose when the filling operation is stopped.
- (4) Each tank, with a capacity of more than 49 gallons, that is used to mix or apply any liquid mixture derived from a pesticide in toxicity categories one or two, must have either:
  - (A) a properly functioning means to indicate externally the internal liquid level in the tank such as a sight gauge; or
  - (B) the tank or the filler hose nozzle must have a device that will automatically stop the filling operation before the pesticide liquid mixture spills over the top.
- (5) All external sight gauges must be protected against breakage and be equipped with valves so the pipes or tubes connected to the sight gauge can be shut off.

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

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

6744. Equipment Maintenance.

(a) Persons who own or operate pesticide mixing, loading, or application equipment shall inform each employee under their control who may be involved in the cleaning, servicing or repair of that equipment of the hazards of the pesticides that a person may encounter, and the methods of protecting against personal injury.
(b) When cleaning, servicing or repairing is to be performed by persons not under the control of the owner or operator of the equipment, he the owner or operator of the equipment shall notify the person in charge of performing these services of the requirements in (a).
- (1) If the equipment has been used in the commercial or research production of an agricultural plant commodity, the owner or operator of the equipment shall also notify the person in charge of performing these services of the following:
  - (A) Pesticide application equipment may be contaminated with pesticides.
  - (B) Procedures for handling pesticide application equipment and for limiting exposure to pesticide residues.
  - (C) Personal hygiene practices and decontamination procedures for preventing pesticide exposures and removing pesticide residues.
(c) Employees who clean, service, or repair mixing and application equipment shall be provided with any necessary protective equipment or clothing by their employer, and shall be instructed and supervised in the maintenance operation in a manner that will reduce work hazards.

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

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

6746. Closed Mixing Systems Requirement.

Closed mixing systems are engineering controls used to protect workers from dermal hazard when mixing pesticides with high acute dermal toxicity. The dermal toxicity of a pesticide is determined by the precautionary statements on the label.

(a) When mixing liquid formulations of pesticides for the production of an agricultural commodity, the employer shall assure employees use an appropriate closed mixing system as specified by this section or pesticide product labeling.
(b) Employees who mix liquid pesticide products, including adjuvants, bearing the statement “Fatal if absorbed through skin” or other comparable language shall use a closed mixing system that is capable of enclosing the pesticide while removing the contents from its original container, preventing the pesticide from contacting handlers. Each emptied pesticide container must be rinsed and drained as required by the pesticide product label or section 6684, and while still connected to the closed mixing system. A closed mixing system meeting this standard is a “Tier 1” closed mixing system.
(c) Employees who mix liquid pesticide products, excluding adjuvants, bearing the statement “May be fatal if absorbed through skin” or “Corrosive, causes skin damage” or other comparable language shall use a closed mixing system that is capable of enclosing the pesticide while removing the contents from its original container, preventing the pesticide from contacting handlers. A closed mixing system meeting this standard is a “Tier 2” closed mixing system.
(d) The employer shall assure employees operating a closed mixing system are trained in its use pursuant to section 6724 and operate the closed mixing system in accordance with its written operating instructions.
(e) All personal protective equipment (PPE) required by the pesticide product label, restricted material permit conditions, or regulation must be at the worksite during operation of the closed mixing system and available in a condition that provides the intended protection. Protective eyewear must be worn while using a closed mixing system. While using a closed mixing system, PPE requirements may be reduced or modified as provided in section 6738.4.
(f) Closed Mixing System Design Criteria – A closed mixing system must meet the following design criteria.
- (1) Any closed mixing system used, as required by this section, must be designed to remove a pesticide from its original container and transfer the pesticide product through connecting hoses, pipes and couplings that are sufficiently tight to prevent exposure of any employee to the pesticide concentrate or, when rinsing is required, the rinsate.
- (2) Properly Constructed
  - (A) All elements of the closed mixing system, such as hoses, connectors, and valves, must be designed and maintained for the pesticides being transferred and the pressures or vacuums being generated during system operation.
  - (B) Tier 1 closed mixing systems must provide for effective rinsing of the original pesticide product from the emptied container as specified by section 6684 and transfer the rinsate to the mix or spray tank.
  - (C) Tier 1 closed mixing systems must provide adequate pressure and volume of rinse water to rinse the inner surfaces of the pesticide container and must not rupture the container by over pressurizing.
(g) Written Operating Instructions and Maintenance Requirements.
- (1) Any employee using a closed mixing system must have written operating instructions.
- (2) The written operating instructions must include: operating procedures for use, including the safe removal of a probe; maintenance, cleaning and repair; known restrictions or limitations relating to the system, such as incompatible pesticides, sizes (or types) of containers or closures that cannot be handled by the system; any limits on the ability to measure a pesticide, or special procedures or limitations on the ability of the system to handle partial containers.
- (3) The written operating instructions must be clearly legible and available with the closed mixing system and available for inspection by the Director or commissioner upon request.
- (4) The employer shall assure that the closed mixing system is cleaned and maintained as specified in the written operating instructions, and as needed to ensure the closed mixing system functions properly.
(h) Exemptions. The requirements of this section do not apply to:
- (1) Mixing pesticides using a method or mixing device required by the pesticide product label and the failure to follow the label directions would result in the use of a pesticide in conflict with labeling, as specified in Food and Agricultural Code section 12973.
- (2) Opening of a container by removal of the manufacturer’s original sealing device without removing any of the contents before re-closing with a liquid-tight sealing device.
- (3) Regulatory personnel collecting samples of pesticides.
- (4) The rinsing of refillable pesticide containers that are required to be returned to a pesticide dealer, pesticide registrant, or manufacturer (pesticide producing establishment registered by the U.S. Environmental Protection Agency).
- (5) An employee required to use a Tier 2 closed mixing system if the employee handles a daily maximum of one gallon or less. The employee shall wear all personal protective equipment required by pesticide product labeling and regulation when not using a closed mixing system.

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

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

Article 3. Field Worker Safety

6760. Employer Responsibility and Exceptions.

(a) Employers shall comply with the requirements of this article to protect employees who may enter treated fields.
(b) If only granular baits or attractants or repellents in traps have been applied in a field, the employer is exempt from the requirements of Sections 6762 (Field Work During Application), 6764 (Fieldworker Training), 6766(a) and (b) (Emergency Medical Care), 6768 (Decontamination Facilities), 6770 (Entry After Pesticide Application), 6771 (Requirements for Early Entry Fieldworkers), 6772 (Restricted Entry Intervals), 6774 (Restricted Entry Interval Adjustments), and 6776 (Field Posting).
(c) Pesticide applications for areawide public pest control programs sponsored by governmental agencies, such as for fruit fly eradication, and those made by vector control agencies operating under cooperative agreements with the State Department of Health Services pursuant to Section 116180 of the Health and Safety Code, and contractors of those agencies, are exempt from the requirements of this article.
(d) If only algaecides have been used to treat the irrigation system, the employer is exempt from the requirements of Sections 6762 (Field Work During Application), 6764 (Fieldworker Training), 6766(a) and (b) (Emergency Medical Care), 6768 (Decontamination Facilities), 6770 (Field Entry After Pesticide Application), 6771 (Requirements for Early Entry Fieldworkers), 6772 (Restricted Entry Intervals), 6774 (Restricted Entry Interval Adjustments), and 6776 (Field Posting).
(e) If pesticides have been applied only by injection directly into plants the employer is exempt from the requirements of this article. Direct injection does not include “hack and squirt” methods.

NOTE: Authority cited: Section 12981, Food and Agricultural Code.

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

6761. Hazard Communication for Fieldworkers.

(a) Whenever employees are working as fieldworkers in a treated field, the employer shall display at the worksite and all permanent decontamination facilities and decontamination facilities servicing 11 or more fieldworkers, a copy of a completed written Hazard Communication Information for Employees Working in Fields (Pesticide Safety Information Series leaflet A-9). Any changes to the name, address, or telephone number of the facility providing emergency medical care must be updated on the Pesticide Information Series leaflet A-9 within 24 hours of the change. In the event that fieldworkers gather at a central location prior to transportation to the worksite, the Pesticide Safety Information Series leaflet A-9, required to be at the worksite, may instead be displayed at that central location. Pesticide Safety Information Series leaflet A-9 shall be written by the department in English and Spanish. Upon request, the employer shall read to the requesting employee, in a language understandable to that employee, Pesticide Safety Information Series leaflet A-9. Pesticide Safety Information Series leaflets are available from the Department.
(b) The operator of the property shall maintain in a central location at the workplace accessible to employees, including the employees of labor contractors, who enter a treated field, the following:
- (1) pesticide use records specified in section 6624(b), (c), (d), and (e) for pesticides that have been applied to the field within the last two years;
- (2) a Safety Data Sheets (SDS), as specified in Title 8, California Code of Regulations, section 5194, for each pesticide listed in the pesticide use records referred to in subsection (b)(1). If the SDS is not provided by the registrant of a pesticide, the operator of the property shall:
  - (A) within 7 working days of a request for a SDS from an employee, employee representative or employee’s physician, make written inquiry to the registrant of the pesticide, asking that a SDS be sent to the operator of the property. If the operator of the property has made a written inquiry within the last 12 months as to whether the pesticide is subject to the requirement for a SDS or the operator of the property has made a written inquiry within the last 6 months requesting new, revised or later information on the SDS, the operator of the property need not make additional written inquiry. A copy of the written inquiry shall immediately be sent to the person requesting the SDS;
  - (B) notify the requester of the availability of the SDS or provide a copy of the SDS to the requester within 15 days of receipt of the SDS from the registrant; and
  - (C) if a response has not been received from the registrant within 25 working days of the date the inquiry was made, send the department a copy of the inquiry with a notation that no response has been received. The operator of the property is not precluded from obtaining and providing the SDS utilizing other more expedient methods in lieu of those provided in this subsection.
(c) The operator of the property shall inform his or her employees, before they are allowed to enter a treated field, of the location and availability of any records and other documents required by subsections (a) and (b). If the employees are employed by a labor contractor, the operator of the property shall inform the labor contractor of the location, or changed location, of the records and other documents. The labor contractor shall provide that information to his or her employees. If the location of the records and other documents changes, the operator of the property and the labor contractor shall promptly inform his or her employees of the new location. The employer, including the labor contractor, shall also inform their employees that they, their physicians and their representatives have a right of access to the information and that the employees are protected against discharge or other discrimination due to the exercise of their rights under this section.
(d) The operator of the property shall provide, upon request of his or her employee, an employee of a labor contractor, employee representative, or an employee’s physician, access to any records, documents and information required to be maintained by this chapter. Access shall be granted as soon as possible and not to exceed 48 hours from the date of the request. A request from an employee representative must be in writing and contain the following:
- (1) The name of the employee being represented.
- (2) A description of the specific information being requested. The description must include the dates of employment of the employee, the date or dates for which the records are requested, type of work conducted by the employee (e.g., planting, harvesting, applying pesticides, mixing or loading pesticides) during the period for which the records are requested, and the specific application and/or hazard information requested.
- (3) A written statement clearly designating the representative to request pesticide application and hazard information on the employee’s behalf, bearing the employee’s printed name and signature, the date of the designation, and the printed name and contact information for the employee representative.
- (4) Directions on where the requested information should be sent (e.g., mailing address or email address).

INFORMATIONAL NOTE: Other requirements relating to hazard communication can be found in sections 6602, 6618, 6619, 6724, 6726, 6738, 6744, 6764, 6766, 6770, 6771, and 6776.

NOTE: Authority cited: Section 12981, Food and Agricultural Code. Reference: Sections 12980 and 12981, Food and Agricultural Code; and 29 Code of Federal Regulations, Part 1910.1200.

6761.1. Application-Specific Information for Fieldworkers.

(a) The operator of property used for the commercial or research production of an agricultural plant commodity shall display at a central location the following application-specific information, while fieldworkers are employed to work in treated fields on the operator’s property:
- (1) The crop or site treated and identification of the treated field;
- (2) The date(s) and time(s) the application started and ended;
- (3) Restricted entry interval;
- (4) Product name(s), U.S. EPA registration number(s), and active ingredient(s);
- (5) A copy of the Safety Data Sheet(s) for the applied pesticide(s); and
- (6) Spray adjuvant product name(s) and California registration number(s) if applicable.
(b) The information must be displayed when the operator of the property receives notice of the completion of an application and before any fieldworkers are allowed to enter the treated field. The information must include all applications that have been made to any field on the operator’s property. The information must remain displayed until the area no longer meets the definition of a treated field or fieldworkers will no longer be on the operator’s property, whichever occurs earlier.
(c) The operator of the property and any employer with fieldworkers hired to work on the operator’s property, shall display at the worksite or at a central location where fieldworkers gather, a description of the location of the application-specific information display whenever their fieldworkers are working in a treated field. The description of the location must be specific enough for fieldworkers to find and have unimpeded access to the displayed application-specific information. The location description must be included in the appropriate section of, or as an attachment to, the Hazard Communication Information for Employees Working in Fields (Pesticide Safety Information Series leaflet A-9) pursuant to section 6761(a).
(d) The information required by this section must be retained for two years.
(e) The original or copies of documents otherwise required to be maintained by this chapter may be used to meet the requirements of this section, provided they contain the information required by this section.

NOTE: Authority cited: Section 12981, Food and Agricultural Code.

Reference: Sections 11501, 12973, 12980, and 12981, Food and Agricultural Code.

6762. Field Work During Pesticide Application.

(a) The requirements of this section are minimum requirements established by the U. S. Environmental Protection Agency and do not assure compliance with the general standard in section 6614.
(b) No employer shall direct or allow any person, other than the persons making the application, to enter or remain in a treated area of a field during the application.
(c) When pesticides are used for the commercial or research production of an agricultural commodity, no employer shall direct or allow any person, other than the persons making the application, to enter or remain in the application exclusion zone, as specified below.
- (1) If the pesticide is applied for outdoor production, the application exclusion zone is defined as follows:
  - (A) the area that extends 100 feet horizontally from the application equipment in all directions during application when the pesticide is applied by any of the following methods: aerially; air blast; as a fumigant, smoke, mist, or fog; or as a fine spray using a spray.
  - (B) the area that extends 25 feet horizontally from the application equipment in all directions during application when the pesticide is applied in a manner not specified in (1)(A) and is sprayed from a height of greater than 12 inches from the soil or planting medium using at least a medium spray.
  - (C) There is no application exclusion zone when the pesticide is applied in a manner other than those in subsections (1)(A) and (1)(B)
- (2) If the pesticide is applied for enclosed space production, the application exclusion zone is defined as follows:
  - (A) The entire enclosed space plus any adjacent area that is not sealed (sufficient to prevent pesticide transfer) from the treatment site when the pesticide is applied as a space treatment (fumigant, smoke, fog, aerosol, or mist) or is a pesticide for which the product labeling requires respiratory protection until ventilation criteria have been met.
  - (B) The entire enclosed space when the pesticide is applied using a fine spray until the ventilation criteria has been met.
  - (C) The treatment site plus 25 feet in all directions within the enclosed space when the pesticide is applied as a spray from a height greater than 12 inches from the soil or other planting medium, or as a spray of medium or larger.
- (3) There is no application exclusion zone when the pesticide is applied in a manner other than those in subsection (2)(A) and (2)(B).
(d) The American Society of Agricultural and Biological Engineers (ASABE) S572.1 or comparable standard may be used to measure and interpret spray quality (fine, medium, or larger than medium) as used in this section.

NOTE: Authority cited: Section 12981, Food and Agricultural Code.

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

6764. Fieldworker Training.

(a) The employer shall assure that each employee assigned to work in a treated field has been trained within the last 12 months, in a manner the employee understands, before beginning work in the treated field.
(b) The training shall include the following information:
- (1) Where and in what forms pesticides may be encountered, including treated surfaces in the field, residues on clothing, personal protective equipment, application and chemigation equipment, irrigation water, and drift;
- (2) Potential hazards that pesticides present to fieldworkers and their families including acute, chronic, and delayed effects, and sensitization effects;
- (3) Routes by which pesticides can enter the body;
- (4) Signs and symptoms of overexposure;
- (5) Routine decontamination procedures when working in a treated field and the employer’s responsibility to provide decontamination supplies:
  - (A) Wash hands before eating, drinking, using the toilet, chewing gum, or using tobacco;
  - (B) Thoroughly wash or shower with soap and water; and
  - (C) Change into clean clothes as soon as possible.
- (6) Wear work clothing that protects the body from pesticide residues when working in treated fields, and wash work clothes separately from other laundry before wearing them again;
- (7) How Safety Data Sheets provide hazard, emergency medical treatment, and other information about the pesticides with which they may come in contact;
- (8) The hazard communication program requirements of sections 6761 and 6761.1;
- (9) First aid and emergency decontamination procedures including emergency eye flushing techniques, and if pesticides are spilled or sprayed on the body to wash immediately with decontamination supplies and as soon as possible, wash or shower with soap and water and change into clean clothes;
- (10) How and when to obtain emergency medical care;
- (11) Prevention, recognition, and first aid for heat-related illness in accordance with Title 8 of the California Code of Regulations, section 3395;
- (12) Restricted entry intervals and what posting means, including both California and federal field posting sign formats;
- (13) Employer responsibility to keep workers out of application exclusion zones;
- (14) Employees must be at least 18 years old to perform early-entry activities. The responsibility of the employer to provide specific information to the employees before directing them to perform early-entry activities;
- (15) Employers are prohibited from allowing or directing any employee to handle pesticides unless the employee has been trained as a handler;
- (16) Do not to take pesticides or pesticide containers home from work;
- (17) Potential hazards to children and pregnant women from pesticide exposures, including that:
  - (A) Children and nonworking family members should keep away from pesticide-treated fields;
  - (B) After working in pesticide-treated fields, remove boots or shoes before entering the home and remove work clothes; and
  - (C) Employees should wash or shower before physical contact with children or family members.
- (18) How to report suspected pesticide use violations; and
- (19) Employee rights, including the right:
  - (A) To personally receive information about pesticides to which he or she may be exposed;
  - (B) For his or her physician or an employee representative designated in writing to receive information about pesticides to which he or she may be exposed;
  - (C) To be protected against retaliatory action due to the exercise of any of his or her rights; and
  - (D) To report suspected use violations to the Department or county agricultural commissioners.
(c) An employee who holds a valid personal pesticide license or certificate issued by the department, current documented pesticide handler training pursuant to section 6724, or other valid certificate of pesticide training approved by the director is considered to be trained for the purposes of this section.
(d) The information shall be presented in a manner the employee can understand, orally from written materials or audio visually, using nontechnical terms in a location reasonably free from distraction. The trainer shall be present throughout the training and shall respond to employee questions.
(e) The record of initial and annually required training given to the employee must include the date; employee’s printed name and signature; the title(s) and source(s) of the training materials used; employer’s name; and trainer’s name and qualifications as specified in (f). This record shall be retained by the employer for two years at a central location at the workplace accessible to employees. The record must be provided to the employee upon request.
(f) The person conducting the training shall be qualified as one of the following:
- (1) A California certified applicator;
- (2) A person holding any other valid license or certificate of personal pesticide qualification issued by the department;
- (3) A person who has completed an “instructor training” program presented by one of the following:
  - (A) The University of California, Integrated Pest Management Program;
  - (B) Other instructor training program approved by the director;
- (4) A California Registered Professional Forester;
- (5) A person holding a valid County Biologist License in Pesticide Regulation or Investigation and Environmental Monitoring issued by the California Department of Food and Agriculture;
- (6) A University of California Extension Advisor; or
- (7) Other valid trainer qualification approved by the director.

NOTE: Authority cited: Section 12981, Food and Agricultural Code.

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

6766. Emergency Medical Care.

(a) Emergency medical care for employees who enter fields that have been treated with pesticides shall be planned for in advance. The employer shall locate a facility where emergency care is available for employees who will be working in treated fields.
(b) The employees, or their supervisor in the field, shall be informed of the name and location of a physician or medical facility where emergency medical care is available, and if the identified facility is not reasonably accessible from that work location, the procedures to be followed to obtain emergency medical care.
(c) When there are reasonable grounds to suspect that an employee has a pesticide illness, or when an exposure to a pesticide has occurred that might reasonably be expected to lead to an employee’s illness, the employer shall ensure that the employee is taken to a physician immediately.
(d) The employer shall provide the following information to medical personnel treating an employee for a suspected pesticide exposure in the production of an agricultural commodity:
- (1) Copies of the applicable Safety Data Sheet(s) and the product name(s), U.S. Environmental Protection Agency registration number(s) and active ingredient(s) for each pesticide product to which the person may have been exposed.
- (2) The circumstances of application or use of the pesticide.
- (3) The circumstances that could have resulted in exposure to the pesticide.

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

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

6768. Fieldworker Decontamination Facilities.

(a) The employer shall assure that sufficient water and the following are located together at the decontamination site and reasonably accessible for washing of hands and face and for emergency eye flushing to all fieldworkers engaged in activities involving contact with treated surfaces in treated fields:
- (1) at least one gallon of water per employee, or three gallons of water per employee for employees engaged in early entry activities pursuant to section 6770(d). The water must be provided at the start of the work day and be of a quality and temperature that will not cause illness or injury when it contacts the skin or eyes or if it is swallowed. The water shall be stored separate from that used for mixing with pesticides unless the tank holding water for mixing with pesticides is equipped with appropriate valves to prevent back flow of pesticides into the water;
- (2) Soap (hand sanitizing gels and liquids or wet towelettes do not meet the requirement for soap); and
- (3) Single use towels (wet towelettes do not meet the requirement for single-use towels).
(b)The decontamination facilities shall be not more than 1/4 mile from the fieldworkers (or at the nearest point of vehicular access). Employees must be notified of the location of the decontamination site prior to working in a treated field.
(c) The decontamination facilities shall not be in an area under a restricted entry interval unless the fieldworkers for whom the site is provided are performing early entry activities. The facilities shall not be in an area under treatment.

NOTE: Authority cited: Section 12981, Food and Agricultural Code.

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

6769. Enclosed Space Ventilation Criteria.

When a pesticide with product labeling requiring respiratory protection for application is applied by any method, or when any pesticide is applied as a fumigant, smoke, mist, fine spray, fog, or aerosol inside an enclosed space, ventilation shall continue until:

(a) The concentration is measured and found not to exceed any pesticide product labeling standard; or
(b) One of the following has occurred if there is no labeling standard:
- (1) Ten air exchanges are complete;
- (2) Two hours of mechanical ventilation, such as with fans;
- (3) Four hours of passive ventilation, such as opening vents, windows, or doors;
- (4) Twenty-four hours with no ventilation; or
- (5) Any combination of percentage portions of (1), (2), (3), and (4) the sum of which equals 100 percent.

NOTE: Authority cited: Section 12981, Food and Agricultural Code.

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

6770. Field Entry After Scheduled or Completed Pesticide Application.

(a) The operator of the property shall not allow or direct employees covered under section 6700 (which includes fieldworkers) or their employers (except for those persons who were scheduled to apply the pesticide(s) or supervise the application) to enter a field on the date of the scheduled application unless the operator assures that:
- (1) the application has not occurred; and
- (2) the application will not occur during the time the employees are in the field to be treated.
(b) The operator of the property shall not allow or direct employees covered under section 6700 (which includes fieldworkers) or their employer to enter a treated field until the operator has received the notice of completion as specified in section 6619(c), and the restricted entry interval has expired or the operator of the property has assured that the restrictions and exceptions pursuant to section 6770(d) have been met.
(c) Any employer hired by the operator of the property shall not allow or direct any of his or her employees to enter a treated field until the employer has received confirmation from the operator of the property that the notice of completion as specified in section 6619(c) has been received, and the restricted entry interval has expired or the operator of the property has assured that the restrictions and exceptions pursuant to section 6770(d) have been met.
(d) The operator of the property and any hired employer shall not allow or direct any of his or her employees to enter a treated field before the restricted entry interval stated on pesticide product labeling or listed in section 6772 has expired except as provided below or otherwise expressly authorized by the director pursuant to Title 40 Code of Federal Regulations, Part 170.603(c).
- (1) Pesticide handling activities. Employees may enter a treated field during a restricted entry interval to conduct pesticide handling activities, including soil incorporation (mechanical or watered-in), provided the employer assures that they are wearing the personal protective equipment specified on the pesticide product labeling for handling activities.
- (2) No contact activities. Employees may enter a treated field during a restricted entry interval provided the employer assures that:
  - (A) There will be no contact with anything that has been treated, including soil, water, air, equipment, or plant surfaces. (B) Inhalation exposure does not exceed any pesticide product labeling standard or, for enclosed space, the ventilation criteria in section 6769 have been met.
- (3) Short-term, limited-contact activities. Employees may enter a treated field during a restricted entry interval specified on pesticide product labeling to conduct limited contact activities (including limited contact irrigation) that are necessary and unforeseen, provided the employer assures that:
  - (A) The restricted entry interval is not for a pesticide product with the requirement on the labeling for both oral notification and the posting of treated fields (double notification);
  - (B) At least four hours have elapsed since the end of the application;
  - (C) Inhalation exposure does not exceed the applicable pesticide product labeling standard or, for enclosed space, the ventilation criteria in section 6769 have been met;
  - (D) Exposure is minimal and limited to the feet, legs (below the knees), hands, and forearms (below the elbows);
  - (E) The personal protective equipment required for early entry is used by the employees. The personal protective equipment and/or work clothing must conform with the label requirements for early entry PPE or consist of at least coveralls, socks, chemical resistant footwear, chemical resistant gloves, and protective eyewear (if eyewear is required by the pesticide product labeling for early entry workers), whichever is more protective;
  - (F) The time in treated fields under a restricted entry interval does not exceed 8 hours in any 24-hour period for each employee entering under this exception; and
  - (G) No hand labor activities are performed.
(4) Short-term, high-contact activities. Employees may enter a treated field during a restricted entry interval specified on pesticide product labeling to conduct other activities, not included in (d)(1), (2), and (3) that do not involve hand labor provided the employer assures that:
- (A) At least four hours have elapsed since the end of the application;
- (B) Inhalation exposure does not exceed any pesticide product labeling standard or, for greenhouses, the ventilation criteria in section 6769 have been met;
- (C) The personal protective equipment specified on pesticide product labeling for early entry is used by the employees. The personal protective equipment and/or work clothing must either conform with the label requirements for early entry PPE; or consist of at least coveralls, socks, chemical resistant footwear, chemical resistant gloves, and protective eyewear (if eyewear is required by the pesticide product labeling for early entry workers), whichever is more protective; and
- (D) Entry does not exceed one hour in any 24-hour period for any employee.
(e) Employees may enter a treated field after the expiration of the restricted entry interval specified on pesticide product labeling and while a restricted entry interval specified in section 6772 is in effect to conduct activities, other than hand labor, provided that employees are wearing work clothing with long sleeves and legs, shoes with socks, and gloves.

NOTE: Authority cited: Section 12981, Food and Agricultural Code.

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

6771. Requirements for Early Entry Employees.

(a) Before any employee may enter a field under restricted entry as permitted by section 6770, the employer shall assure that the employee has been informed orally of the following in a manner that he or she can understand:
- (1) Location of early-entry area where work activities are to be performed;
- (2) Pesticide(s) applied;
- (3) Dates and times that the restricted-entry interval begins and ends;
- (4) Specific restrictions and conditions pursuant to section 6770 about the work activity to be performed;
- (5) Pesticide product labeling precautionary statements related to human hazards;
- (6) Symptoms of poisoning;
- (7) Emergency first aid and decontamination procedures for pesticide injuries or poisonings, including emergency eye flushing techniques;
- (8) How to obtain emergency medical care;
- (9) The prevention, recognition, and first aid for heat-related illness if personal protective equipment is used in accordance with Title 8 of the California Code of Regulations, section 3395;
- (10) Location of the Pesticide Safety Information Series leaflets A-8 and A-9 as required by sections 6723 and 6761;
- (11) The need for, use, and care of personal protective equipment required for early entry into treated fields;
- (12) That clothing and personal protective equipment may be contaminated with pesticide residues;
- (13) Instructions for removing and storing such clothing and equipment, and laundering such equipment; and
- (14) The importance of washing thoroughly at the end of the exposure period.
(b) The employer shall provide all required personal protective equipment and provide for its cleaning (according to pesticide labeling instructions or, absent any instructions, washed in detergent and hot water), repair and replacement when it cannot be adequately cleaned or properly repaired. The employer shall assure that all personal protective equipment is inspected before each day of use. The employer shall assure that all personal protective equipment is kept separate from personal clothing, in a pesticide free, specifically designated place, when not in use. All required personal protective equipment required for employees must meet the applicable standards in sections 6738 through 6739.
(c) The employer shall assure that personal protective equipment is used correctly for its intended purpose.
(d) The employer shall assure that cleaned personal protective equipment is dried or stored in a well-ventilated place to dry. The employer shall assure that contaminated personal protective equipment is kept and washed separately from other clothing or laundry.
(e) Personal protective equipment must remain the property of the employer. Employees shall not be allowed or directed to take home pesticide contaminated personal protective equipment. The employer shall inform any person who cleans or launders personal protective equipment that the equipment may be contaminated, about the hazards presented, and how to properly handle and clean it.
(f) The employer shall assure that at least one pint of eyeflush water is immediately accessible (carried by the employee or on the vehicle being operated by the employee) to each employee who is performing, during any restricted entry interval specified on pesticide product labeling, early entry activities in a treated field for which the pesticide product labeling requires protective eyewear.
(g) The employer shall assure that employees engaged in tasks pursuant to section 6770(d) are provided, at the place where they remove personal protective equipment, at least three gallons of water per employee, soap, and clean or single use towels so that they may wash thoroughly at the end of the exposure period. The water shall be of a quality and temperature that will not cause illness or injury when it contacts the skin or eyes or if it is swallowed, and shall be stored separate from that used for mixing with pesticides unless the tank holding water for mixing with pesticides is equipped with appropriate valves to prevent back flow of pesticides into the water.
(h) The employer shall assure that a clean, pesticide-free place for storing personal clothing and putting on personal protective equipment at the start of work and taking off personal protective equipment at the end of the exposure period is provided for employees.
(i) The employer shall take appropriate measures to prevent heat related illness, when necessary.
(j) The employer shall assure that one clean change of coveralls is available for employees engaged in tasks pursuant to section 6770(d) at the decontamination site.

NOTE: Authority cited: Section 12981, Food and Agricultural Code.

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

6772. Restricted Entry Intervals.

(a) The restricted entry intervals specified in this Section shall be applied according to the following:
- (1) Other restricted entry intervals are found on pesticide product labeling. In case of an inconsistency between the pesticide product labeling and this Section, the longer restricted entry interval shall be followed;
- (2) If more than one restricted entry interval in this Section is applicable to a given situation, the longer restricted entry interval shall apply, except as provided in Section 6774;
- (3) When reference is made to pounds of a pesticide in a restricted entry interval, the reference means pounds of active ingredient;
- (4) A day is considered to be a 24-hour period beginning at the conclusion of the application to the identified field or portion of a field.

(b) The restricted entry intervals in days in the following table apply to the pesticide/crop combinations listed.

The restricted entry intervals in days in the following table apply to the pesticide/crop combinations listed
PESTICIDE	APPLES	CITRUS	CORN	GRAPES	PEACHES/NECTARINES	OTHER CROPS
Azinphos-methyl	14(B)	30		21	14(B)	14(A)(B)
Chlorpyriphos		2
Diazinon		5		5	5
Endosulfan	2	2	2	2	2	2
Malathion		1		1	1
Methidathion (Supracide)		30
Methomyl (Lannate)				7(C)
Parathion-methyl (non- encapsulated)	14	14(D)	14(D)	14(E)	21	14(D)
Phorate (Thimet)			7
Phosmet (Imidan)				5	5
Propargite (Omite/Comite)	21	42	7	30	21	21(F)(G)
Sulfur				3(H)

Footnotes:

(A) This restricted entry interval for other crops applies to stone fruit, such as apricots, cherries, plums, and prunes, and pome fruit, such as pears, only. Stone fruit does not include almonds and other nut crops.
(B) If the total Azinphos-methyl applied in the current calendar year is 1.0 pounds per acre or less, thinning may be done after seven days.
(C) Applications of methomyl made after August 15, have a 21-day restricted entry interval. This interval may be terminated after 10 days if leaf samples tested pursuant to Section 6774 (c)(4) show 0.1 micrograms per square centimeter or less of dislodgeable foliar residue of methomyl.
(D) This restricted entry interval applies only when more than one pound per acre of non-encapsulated parathion-methyl is applied.
(E) The restricted entry interval for non-encapsulated parathion-methyl on grapes in Monterey County is six days.
(F) The restricted entry interval for strawberries and field grown roses treated with propargite is 3 days.
(G) The restricted entry interval for cotton fields treated with propargite is seven days. However, from the end of the restricted entry interval until the beginning of harvest, the employer shall assure that employees entering propargite treated cotton fields wear work clothing with long sleeves and legs and gloves.
(H) This restricted entry interval for sulfur applies from May 15 through harvest in the counties of: Fresno, Kern, Kings, Madera, Merced, San Joaquin, Stanislaus, and Tulare; and during March and April in Riverside County.

INFORMATIONAL NOTE FOR Section 6772: The inclusion of a restricted entry interval in this Section does not imply that the use of a pesticide is currently registered. Consult the pesticide product labeling for permitted registered uses.

NOTE: Authority cited: Section 12981, Food and Agricultural Code.

Reference: Sections 12980 and 12981 Food and Agricultural Code.

6774. Restricted Entry Interval Adjustments.

(a) The adjustments in this Section apply only to restricted entry intervals specified in Section 6772.
(b) Whenever a mixture of two or more organophosphate pesticides is applied, the restricted entry interval shall be lengthened by adding to the longest applicable restricted entry interval listed in 6772, 50 percent of the next longest applicable restricted entry interval.
(c) When there is no foliage on the plant that has been treated by a pesticide and any crop or weed cover in the treated area is not over four inches in height, the restricted entry interval shall be reduced by 50 percent, but in no case to less than the restricted entry interval specified on the pesticide product labeling.
(d) A restricted entry interval may be shortened to not less than the restricted entry interval specified on the pesticide product labeling upon verification by the county agricultural commissioner that one of the following has occurred:
- (1) Two inches of rainfall within any seven-day period following the pesticide application;
- (2) The equivalent of two inches of rainfall has been applied evenly above all plants by sprinkler irrigation equipment within any seven-day period following the pesticide application;
- (3) For tree crops, at least 50 gallons of water has been applied at one time under pressure and evenly distributed to each tree; or
- (4) The plants have been tested by a procedure acceptable to the director and determined to have no residues or to have residue levels that the director considers not to be hazardous.
(e) Whenever the pesticide product labeling specifies that a restricted entry interval be adjusted when outdoor applications are made in areas that receive less than 25 inches of average annual rainfall, the restricted entry interval specified for the dry areas shall apply to all outdoor applications in the State. A county agricultural commissioner, upon presentation of valid rainfall data from an official governmental source showing that an area within his or her county receives 25 inches or more of average annual rainfall, may exempt that area from this requirement.

NOTE: Authority cited: Section 12981, Food and Agricultural Code.

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

6776. Field Postings.

(a) The operator of the property shall assure that signs are posted around treated fields in the following circumstances:
- (1) Whenever required by pesticide product labeling, unless access to the treated field is controlled in a manner that assures no employee (other than the handlers making the application) will enter, work in, remain in, or walk within 1/4 mile during the application and the restricted entry interval.
- (2) Applications in an entirely enclosed space unless access is controlled in a manner that assures no employee (other than the handlers making the application) will enter, work in, remain in, or pass through the enclosed space during the application and the restricted entry interval.
- (3) All other applications made in an enclosed space not specified in (2) that result in a restricted entry interval of greater than four hours, unless access to the enclosed space is controlled in a manner that assures no employee (other than the handlers making the application) will enter, work in, remain in, or walk within 1/4 mile during the application and the restricted entry interval.
- (4) Any application that results in a restricted entry interval greater than 48 hours as specified on the product label unless access to the treated field is controlled in a manner that assures no employee (other than the handlers making the application) will enter, work in, remain in, or walk within 1/4 mile during the application and the restricted entry interval.
(b) The signs shall be of a size so that the wording specified in (2) and (3) is readable and the skull and crossbones symbol is clearly visible, to a person with normal vision, from a distance of 25 feet. Signs complying with the size requirements of Title 40 Code of Federal Regulations, Part 170.409 are considered to be readable at 25 feet. The signs shall contain the following:
- (1) The skull and crossbones symbol near the center of the sign;
- (2) The words “DANGER” and “PELIGRO” and “PESTICIDES” and “PESTICIDAS” in the upper portion of the sign;
- (3) The words “KEEP OUT” and “NO ENTRE” in the lower portion on the sign;
- (4) Whenever the sign is used to indicate a restricted entry interval of more than 7 days, the following information in the lower portion of the sign:
  - (A) The date of unrestricted entry;
  - (B) The name of the operator of the property; and
  - (C) The field identification, (if any);
- (5) All letters and the symbol shall be of a color which sharply contrasts with their immediate background; and
- (6) The Spanish portion of the sign may be replaced with another non-English language which is read by a majority of workers who do not read English. The replacement sign must be in the same format and meet the same size and other requirements as the original.
(c) The signs shall:
- (1) Be posted before the application begins but shall not be posted unless a pesticide application is scheduled within the next 24 hours;
- (2) Remain posted and clearly legible throughout the application and the restricted entry interval; and,
- (3) Be removed within three days after the end of the restricted entry interval and before any entry prohibited during a restricted entry interval.
(d) The signs shall be posted so that they are visible at all usual points of entry to the treated area, including each road, footpath, walkway, or aisle that enters the treated field, and each border with any worker housing area within 100 feet of the treated field. If there are no identified usual points of entry to the treated field, signs shall be posted at the corners of the treated field. When a treated field is adjacent to an unfenced public right-of-way, such as a road, trail, or path, additional signs shall be posted at each end of the treated field and at intervals not exceeding 600 feet along the treated field’s border with the right-of-way.
(e) When a pesticide product with the signal word “DANGER” on the label, or a minimal exposure pesticide listed in section 6790, is being applied to a field through an irrigation system, signs shall be posted in the manner specified in (d). These signs shall contain the following:
- (1) An octagon stop sign symbol at least eight inches in diameter containing the word “STOP” in English;
- (2) The words “KEEP OUT” and “NO ENTRE” above the symbol and the words “PESTICIDES IN IRRIGATION WATER” and “PESTICIDAS EN AGUA de RIEGO” below the symbol;
- (3) All letters shall be at least 2-1/2 inches tall; and
- (4) All letters and the symbol shall be of a color which sharply contrasts with their immediate background.
(f) When a fumigant is applied to a field, the operator of the property shall assure:
- (1) Fields are posted with field fumigation warning signs in the manner specified in (d).
- (2) Field fumigation warning signs containing the following information instead of the information specified in (b) are used:
  - (A) The skull and crossbones symbol;
  - (B) The following statements:
    1. “DANGER/PELIGRO”;
    2. “Area under fumigation, DO NOT ENTER/NO ENTRE”;
    3. “(Name of Fumigant) Fumigant in use”;
    4. The date and time of the fumigation; and
    5. The name, address, and telephone number of the applicator; and
  - (C) Other information as specified by the pesticide product labeling.
- (3) Field fumigation warning signs:
  - (A) Are posted prior to application and no sooner than 24 hours before the application begins;
  - (B) Remain posted and clearly legible for the duration of the entry restricted period; and
  - (C) Are removed within three days after the end of the entry restricted period and before any entry prohibited during the entry restricted period.

NOTE: Authority cited: Section 12981, Food and Agricultural Code.

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

6778. Records. [Repealed]

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

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

Article 4. Fumigation

6780. General Fumigation Safe-Use Requirements.

(a) When fumigant concentrations cannot be controlled and an employee’s exposure exceeds the Permissible Exposure Limit (PEL) as specified in Title 8, California Code of Regulations, Section 5155, Airborne Contaminants, or more stringent requirements by product labeling, the employer shall provide and require the employee to wear approved respiratory protective equipment.
(b) Whenever an employee may be exposed above an exposure standard to methyl bromide, sulfuryl fluoride, or any other fumigant for which only air-supplied respirator equipment is approved, the employer shall either:
- (1) Require the use of air-supplied respirator equipment,
- (2) Employ continuous monitoring to warn employees before the PEL is reached, or
- (3) Operate under the provisions of (c) below.
(c) Upon written application by an employer, the director will review, and may accept, a Fumigation Safety Program that describes methods, work practices, devices, or processes which the director determines will ensure that employees will not be exposed to concentrations of fumigants in excess of the PEL.
(d) The employer shall have an accident response plan at the worksite. The plan shall provide instructions to protect employees during situations such as spills, fire, and leaks. Employees shall be trained in accident management procedures based on the plan.

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

Reference: Section 12981, Food and Agricultural Code.

6782. Fumigation of Enclosed Areas.

Enclosed areas include vaults, chambers, greenhouses, vans, boxcars, ships, planes, vehicles, and tarpaulin-covered structures and commodities. When fumigating tarpaulin-covered commodities inside buildings, and areas or things inside greenhouses, this section applies to the entire structure.

(a) Whenever a pesticide is used for fumigation inside an enclosed area, at least two trained employees shall be present at all times when:
- (1) The fumigant is introduced into the enclosed area;
  - (A) Except, only one trained person is required to be present when solid fumigants (including aluminum phosphide, magnesium phosphide, and smoke cartridges) are introduced into the enclosed area from outside the enclosed area;
- (2) The enclosed area is entered for the purpose of facilitating aeration; and
- (3) The enclosed area is entered to determine the concentration of the fumigant and personal protective equipment is required by pesticide product labeling or regulation.
(b) When using a fumigant for the commercial or research production of an agricultural commodity, any employee in an enclosed area during a fumigant application shall maintain continuous visual or voice contact with another employee stationed immediately outside of the enclosed area.
(c) The second employee shall have immediate access to the personal protective equipment required by the pesticide product labeling for handlers in the event entry into the fumigated enclosed area becomes necessary for rescue.
(d) Prior to the commencement of fumigation, warning signs shall be posted in plainly visible locations on or in the immediate vicinity of all entrances to the area under fumigation and shall not be removed until fumigation and ventilation have been completed, and the premises are safe for reentering. Warning signs shall be printed in red on white background and shall contain, in English and Spanish, the following statement in letters not less than two inches in height: “DANGER-FUMIGATION”. They shall also depict a skull and crossbones not less than one inch in height and shall state in letters not less than one-half inch in height the name of the fumigant, the date and time the fumigant was injected, and the name, address and telephone number of the applicator performing the fumigation.
(e) Employees shall not be allowed to enter fumigated enclosed areas, except to determine the fumigant concentration or facilitate aeration, unless the concentration in the area is known to be at or below the level specified in 6780(a) above.
(f) The fumigant shall not be released into an occupied work area.
(g) After completion of the fumigation, the treated area or products shall be managed so that employees entering the area or working with the treated products are not exposed to a concentration in excess of the level specified in 6780(a) above.

NOTE: Authority cited: Section 12981, Food and Agricultural Code.

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

6784. Field Fumigation.

(a) (Reserved)

(b) The provisions of this subsection pertain to field soil fumigations using methyl bromide applied pursuant to the fumigation methods described in section 6447.3.

(1) Employer Recordkeeping. The employer shall maintain records for all employees performing fumigation-handling activities. The records must identify the person, work activity(ies), date(s), duration of handling, the U.S. Environmental Protection Agency Registration Number, and the brand name of the methyl bromide product handled. The employer shall maintain these use records at a central location for two years.
(2) Employee Protection Requirements.
- (A) Employees involved primarily in shoveling shall work only at the ends of the application rows.
- (B) When required by this section, employees shall wear a certified respiratory protection as specified on the label. Employees shall wear the required respiratory protection during the entire duration of the fumigation-handling activity.

(3) Limited Work Hours and Workdays.

(A) No employee may work in fumigation-handling activities more than the hours specified in Table 1–Maximum Work Hours during the injection period and during the entry restricted period.
1. An employee may perform fumigation-handling activities without the work-hour limitations specified in Table 1–Maximum Work Hours if a full-face respirator is worn during the entire duration of the activity.
2. Multiple-Task Employees. An employee may work in more than one work task and/or application method in a 24-hour period as long as the employee’s total work hours do not exceed the lowest total hours specified in Table 1–Maximum Work Hours for any one work task or application method performed.

(B) Notwithstanding subsection (b)(3)(A), an employee may work in fumigation-handling activities in a 24-hour period for the work hours specified in Table 2–Maximum Work Hours in a Maximum Three (3)Workdays Per Calendar Month during the injection period and during the entry restricted period, provided the employee’s total workdays performing fumigation-handling activities do not exceed three days in a calendar month.

An employee may perform fumigation-handling activities without the work- hour limitations specified in Table 2–Maximum Work Hours in a Maximum Three (3) Workdays Per Calendar Month if a half-face respirator is worn during the entire duration of the activity.
Multiple-Task Employees. An employee may work in more than one work task and/or application method in a 24-hour period as long as the employee’s total work hours do not exceed the lowest total hours specified in Table 2– Maximum Work Hours in a Maximum Three (3) Workdays Per Calendar Month for any one work task or application method performed.

Table 1. Maximum Work Hours

Table 1. Maximum Work Hours
Fumigation Method/Activities	Maximum Application Rate (lbs. of actual methyl bromide per acre)	Maximum Work Hours in a 24-Hour Period Wearing Half-Face Respirator During Entire Fumigation-Handling Activity
Nontarpaulin/Shallow/Bed Tractor Equipment Driving Supervising	200 lbs.	8* 8*
Nontarpaulin/Deep/Broadcast Tractor Equipment Driving Supervising	400 lbs.	8* 8^1/
Tarpaulin/Shallow/Broadcast Tractor Equipment Driving Shoveling, Copiloting Supervising Tarpaulin Cutting Tarpaulin Removal	400 lbs.	7* 3* 3* 10^1/ no limitation ^2/
Tarpaulin/Shallow/Bed Tractor Equipment Driving Shoveling, Copiloting Supervising Tarpaulin Cutting Tarpaulin Removal	250 lbs.	no limitation 6* 6* 10 ^1/ no limitation ^2/
Tarpaulin/Deep/Broadcast Tractor Equipment Driving Shoveling, Copiloting Supervising Tarpaulin Cutting Tarpaulin Removal	400 lbs.	7* 3* 3* 10 ^1/ no limitation ^2/
Drip System – Hot Gas Applicators Supervising Tarpaulin Cutting Tarpaulin Removal	225 lbs.	4* 4* 10 ^1/ no limitation ^2/

^1/ Exception: An employee may perform this activity without a half-face respirator provided the employee does not work more than one hour in a 24-hour period. The maximum one-hour work limitation may be increased in accordance with the formula located below.

^2/ Exception: An employee may perform this activity without a half-face respirator provided the employee does not work more than three hours in a 24-hour period. The maximum three-hour work limitation may be increased in accordance with the formula located below.

*If the actual methyl bromide application rate is less than the maximum application rate shown above in Table 1 or below in Table 2 for the particular fumigation method used, the maximum work hours may be increased in accordance with the following formula:

Formula
		maximum			revised maximum
maximum application rate for method actual application rate		x	work hours in a 24-hour period	=	work hours in a 24-hour period

Table 2. Maximum Work Hours in a Maximum Three (3) Workdays Per Calendar Month

Table 2. Maximum Work Hours in a Maximum Three (3) Workdays Per Calendar Month
Fumigation Method/Activities	Maximum Application Rate (lbs. of actual methyl bromide per acre)	Maximum Work Hours in a 24-Hour Period Without the Use of Respirators
Nontarpaulin/Shallow/Bed: Tractor Equipment Driving Supervising	200 lbs.	4* 4*
Nontarpaulin/Deep/Broadcast: Tractor Equipment Driving Supervising	400 lbs.	4* 7*
Tarpaulin/Shallow/Broadcast: Tractor Equipment Driving Shoveling, Copiloting Supervising Tarpaulin Cutting Tarpaulin Removal	400 lbs.	4* 3* 3* 4 7
Tarpaulin/Shallow/Bed: Tractor Equipment Driving Shoveling, Copiloting Supervising Tarpaulin Cutting Tarpaulin Removal	250 lbs.	4* 4* 4* 4 7
Tarpaulin/Deep/Broadcast: Tractor Equipment Driving Shoveling, Copiloting Supervising Tarpaulin Cutting Tarpaulin Removal	400 lbs.	4* 3* 3* 4 7
Drip System – Hot Gas: Applicators Supervising Tarpaulin Cutting Tarpaulin Removal	225 lbs.	2* 2* 4 7

(C) No employee shall be allowed to alternate between the workday and work-hour requirements specified in subsection (b)(3)(A) and (B) unless the employee did not perform fumigation-handling activities during the previous 30 days.

(4) (Reserved)
(5) Tarpaulin Repair.
- (A) The operator of the property shall assure that a “tarpaulin repair response plan” is provided to the commissioner. The tarpaulin repair response plan must identify the responsibilities of the licensed pest control business and/or the permittee with regard to tarpaulin damage detection and repair activities. At a minimum, the tarpaulin repair response plan must indicate the parties responsible for the repair and incorporate the applicable elements listed in (B) below.
- (B) The “tarpaulin repair response plan” approved by the commissioner in the work site plan must state with specificity the situations when tarpaulin repair must be conducted. The situations should be based on, but not limited to, 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.
- (C) The ambient air in the damaged areas of the tarpaulin to be repaired must be tested for methyl bromide concentration by a certified applicator of the licensed pest control business that made the application, or by a certified applicator employee of the permittee, or certified applicator permittee, using a testing device as specified by the labeling. The certified applicator shall wear self-contained breathing apparatus when conducting these tests.
- (D) All repair work areas must test less than five parts per million methyl bromide before any employee without respiratory protection shall be allowed to enter and conduct tarpaulin repair. Such employee is limited to one work hour in a 24-hour period, unless respiratory protection specified on the label is worn.

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

Reference: Section 12981, Food and Agricultural Code.

Article 5. Minimal Exposure Pesticides

6790. Minimal Exposure Pesticides.

This article applies to the following:

(a) Bromoxynil (Buctril, Bronate)
(b) Folpet
(c) Oxydemeton-methyl (Metasystox-R)
(d) Propargite (Omite, Omite CR, Comite)

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

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

6791. Exemptions.

The following exemptions apply to the specific minimal exposure pesticides:

(a) Folpet, when contained in or added to paints, coatings, or caulking compounds, is exempt from the requirements of this article.
(b) (Reserved).

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

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

6792. Conditions of Use.

The following conditions apply to the specific minimal exposure pesticides:

(a) Applications of oxydemeton-methyl to ornamental landscape trees and shrubs shall be made by trunk injection or soil injection methods only;
(b) Oxydemeton-methyl shall not be applied within a greenhouse; and
(c) Propargite shall not be applied within a greenhouse.

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

Reference: Sections 12980 and 23981, Food and Agricultural Code.

6793. Minimal Exposure Pesticide Safety Use Requirements.

(a) The employer shall provide a clothing change area and instructions, as required by section 6732, for employees who handle minimal exposure pesticides for any period of time, regardless of the toxicity category of the product used.
(b) The employer shall provide washing facilities, as specified in section 6734, where minimal exposure pesticides are mixed or loaded, regardless of the toxicity category of the product used.
(c) The employer shall provide and maintain coveralls and require them to be worn, regardless of the toxicity category.
(d) The employer shall provide and require employees to wear full-body, chemical-resistant protective clothing, as specified in subsections 6738.1(g), when handling minimal exposure pesticides. Employees working in the following situations are not required by this subsection to wear chemical-resistant, full-body protective clothing, but this clothing shall be present at the work site:
- (1) employees using a closed system, or sealed water soluble packets, while mixing, loading, or transferring these pesticides. These employees shall wear a chemical-resistant apron, protective eyewear, chemical-resistant gloves, and chemical-resistant boots;
- (2) employees working as applicators in enclosed cabs;
- (3) applicators using vehicle-mounted or towed equipment to inject or incorporate these pesticides into the soil; and
- (4) applicators using equipment with vehicle-mounted spray nozzles directed downward and located below the level of the employee.
(e) The employer shall provide and require employees to wear respiratory protection, as specified in section 6739, when engaged in:
- (1) Hand application or ground application of minimal exposure pesticides, except:
  - (A) Reserved;
  - (B) applicators using vehicle-mounted or towed equipment to inject or incorporate these pesticides into the soil; and
  - (C) applicators using equipment with vehicle-mounted spray nozzles directed downward and located below the level of the employee;
- (2) Mixing or loading dry formulations of minimal exposure pesticides, except mixers or loaders using sealed water-soluble packets.
(f) All protective clothing and equipment shall be cleaned inside and out or discarded at the end of the day’s use.

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

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

Article 6. Use Requirements

6795. Thiophanate-Methyl.

(a) Employers shall provide and ensure that employees who handle pesticides containing thiophanate-methyl for the treatment of potato seed pieces wear respiratory protection approved by NIOSH for particulates.
(b) Indoor applications of thiophanate-methyl for potato seed-piece treatment are prohibited if there are persons within the room or enclosed space where the treatment is taking place, unless the persons are protected in the manner specified in subsection (a).

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

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

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Chapter 3. Pest Control Operations

Subchapter 1. Licensing and Certification (§6500-6584)

Article 1. General License Requirements

6500. License Duration.

6502. Applications.

6504. Examinations.

6505. Examination Fees.

6506. Acceptance of Prior Examination. [Repealed]

6508. Notification of Change.

6509. Refusal, Revocation, and Suspension.

6510. Renewals and New Applications.

6511. Continuing Education Requirements.

6512. Approval of Continuing Education Courses.

6512.1. In-Person Continuing Education Courses.

6512.2. Interactive Online and Webinar Continuing Education Courses.

6512.3. Continuing Education Course Sponsor Requirements.

6512.4. Rejection or Revocation of Continuing Education Course Hours.

6513. Records of Continuing Education Courses.

6514. Regional Accreditation Committees. [Repealed]

Article 2. Agricultural Pest Control Business Licenses

6520. Authorized Agent Qualifications. [Repealed]

6522. Categories.

6524. Financial Responsibility of Applicants for an Agricultural Pest Control Business License.

Article 3. Qualified Applicators

6530. Categories and Examinations.

6531. Maintenance Gardener Pest Control Qualified Applicator Certificate – Subcategory Q.

6532. Expiration. [Repealed]

6534. Refusal, Revocation, and Suspension. [Repealed]

6536. Field Fumigation Licensing Requirements. [Repealed]

Article 4. Pest Control Aircraft Pilot’s Certificate

6540. Apprentice Pilot Supervision.

6542. Registration.

6544. Pesticide Handling by Pilots.

Article 5. Agricultural Pest Control Adviser Licenses

6550. Minimum Qualifications.

6551. Licensing for Public Agencies.

6552. Continued Education Requirements. [Repealed]

6554. Regional Accreditation Committee. [Repealed]

6556. Recommendations.

6557. Advisories for Groundwater Protection. [Repealed]

6558. Recommendation for Use of Nonfumigants in the San Joaquin Valley Ozone Nonattainment Area.

Article 6. Pesticide Dealer Licenses

6560. Supervision. [Repealed]

6562. Dealer Records and Sales Reporting.

6564. Appropriate Products.

6566. Supplemental Labeling.

6568. Dealer Responsibilities.

6570. Groundwater Protection Materials Requirements. [Repealed]

6572. Sales Reporting. [Repealed]

6574. Antifouling Paints or Coatings Containing Tributyltin-Dealer Requirements.

6576. Sales Limitation of Clopyralid.

6577. Sales of Nonfumigants for Use in the San Joaquin Valley Ozone Nonattainment Area.

Article 7. Private Applicators

6580. Initial Application.

6580.1. Examinations.

6580.2. Certificate Issuance.

6582. Certificate Renewal.

6584. Continuing Education Requirements.

Subchapter 2. Work Requirements (§6600-6695)

Article 1. Pest Control Operations Generally

6600. General Standards of Care.

6601. General Application of Standards.

6602. Availability of Labeling.

6604. Accurate Measurement.

6606. Uniform Mixture.

6608. Equipment Cleaning.

6609. Wellhead Protection

6610. Backflow Prevention.

6612. Age.

6614. Protection of Persons, Animals, and Property.

6616. Consent to Apply.

6618. Notice of Applications.

6619. Notice of Completed Applications.

6620. Vector Control Exemption.

6621. Public Health Exemption.

6622. Operator Identification Numbers.

6623. Site Identification Numbers.

6624. Pesticide Use Records

6624.5. Commercial Applicator Restricted Material Use Records.

6625. Pesticide Use Report for School Sites and Child Day Care Facilities.