California Code of Regulations › Title 3 - Food and Agriculture › Division 6 - Pesticides and Pest Control Operations › Chapter 1 - Pesticide Regulatory Program › Subchapter 1 - Definition of Terms › Article 1 - Definitions for Division 6 › Section 6000 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"Agricultural commodity," means an unprocessed product of
						farms, ranches, nurseries and forests (except livestock, poultry and fish).
						Agricultural commodities include fruits and vegetables; grains, such as wheat,
						barley, oats, rye, triticale, rice, corn and sorghum; legumes, such as field
						beans and peas; animal feed and forage crops; rangeland and pasture; seed
						crops; fiber crops such as cotton; oil crops such as safflower, sunflower, corn
						and cottonseed; trees grown for lumber and wood products; nursery stock grown
						commercially; Christmas trees; ornamentals and cut flowers; and turn grown
						commercially for sod.
"Air-purifying respirator" means a respirator with an
						air-purifying filter, cartridge, or canister that removes specific air
						contaminants by passing ambient air through the air-purifying element.
"Application block" means a field, or portion of a field,
						treated in a 24-hour period that typically is identified by visible indicators,
						maps, or other tangible means.
"Applied to the soil" or "applied to the ground" means
						the labeling of a pesticide product includes terminology such as,
(a) Soil fumigant
(b) Soil applied
(c) Soil treatment product
(d) Can be used as a soil drench
(e) Application to soil
(f) Inject into the soil
(g) Incorporate in top (x) inches of soil;
					 pre-plant incorporation
(h) Use on
					 soil for control of soil-borne diseases
(i) Surface application; band treatment,
					 surface blend
(j) Side dressing
					 both/one side of row and cultivate into soil
(k) Should be mixed uniformly into top (x)
					 inches of soil
(l) Pre-emergent to
					 the weed
(m) Broadcast to the
					 soil
(n) Apply in seed
					 furrow
"Aquatic habitat" means bodies of water, such as lakes,
						reservoirs, rivers, perennial and intermittent streams, wetlands, or ponds,
						sloughs, and estuaries.
"Artificial recharge basin" means a surface facility,
						such as an infiltration pond or basin, or spreading ground specifically
						designed and managed to increase the infiltration of introduced surface water
						supplies into a groundwater basin. "Artificial recharge basin" does not include
						ditches, canals, or reservoirs designed primarily to transport and store water,
						or stream channels, lakes, and other naturally occurring water bodies that are
						not principally managed to recharge groundwater.
"Atmosphere-supplying respirator" means a respirator that
						supplies the respirator user with breathing air from a source independent of
						the ambient atmosphere, and includes supplied-air respirators (SAR) and
						self-contained breathing apparatus (SCBA) units.
"Branch location" means any location, other than the
						principal place of business, operated by a pest control dealer or an
						agricultural pest control business to carry out licensed activities in
						California.
"Buffer zone" as used in sections
						6447,
						6447.1,
						6447.2, and
						6447.3 means an area that surrounds
						a pesticide application block in which certain activities are restricted for a
						specified period of time to protect human health and safety from existing or
						potential adverse effects associated with a pesticide application.
"Carbamates" means esters of N-methyl carbamic acid which
						inhibit cholinesterase.
"Certified commercial applicator" means:
(a) An individual holding a valid Qualified
					 Applicator License issued by the Director;
(b) A pilot holding a valid Manned or
					 Unmanned Journeyman Pest Control Aircraft Pilot Certificate issued by the
					 Director;
(c) An individual holding
					 a valid Vector Control Technician certificate issued by the Vector Borne
					 Disease Section of the Department of Public Health;
(d) An individual holding a valid active
					 Structural Pest Control Operator or Field Representative license issued by the
					 Structural Pest Control Board of the Department of Consumer Affairs;
(e) An individual holding a valid Qualified
					 Applicator Certificate issued by the Director, except those individuals
					 qualified to work solely in subcategory Q listed in Section
					 6531; and
(f) An individual certified by a Federal
					 agency under a U.S. EPA-approved certification plan for pesticide applications
					 only on Federal lands, in accordance with the Federal agency
					 certification.
"Certified private applicator" means a private applicator
						holding a valid private applicator certificate issued by the commissioner (or
						the director in any county where there is no commissioner).
"Chemical-resistant" means a material that allows no
						measurable movement of the pesticide through it during use.
"Chemigation" means the application of pesticides through
						irrigation systems.
"Commercial applicator" means a person who uses or
						supervises the use of a pesticide for any purpose or on any property other than
						as provided by the definition of "private applicator."
"Commercial park" means a tract of land where several
						commercial establishments (e.g., stores, offices, restaurants, warehouses, or
						factories) are located. This includes, but is not limited to, business parks,
						industrial parks, office parks, and shopping centers or malls.
"Confidential reader" is a person chosen by an employee
						required to wear a respirator to read to him/her the Medical Evaluation
						Questionnaire required under section
						6739 in a language primarily
						understood by the employee. This includes, but is not limited to, a coworker,
						family member, friend, or an independent translator provided by the employer.
						The employer or the employer's direct agent, such as a supervisor, manager,
						foreman, or secretary, are not included and are prohibited from being
						confidential readers.
"Conflict with labeling" means any deviation from
						instructions, requirements or prohibitions of pesticide product labeling
						concerning storage, handling or use except:
(a) A decrease in dosage rate per unit
					 treated;
(b) A decrease in the
					 concentration of the mixture applied;
(c) Application at a frequency less than
					 specified;
(d) Use to control a
					 target pest not listed, provided the application is to a commodity/site that is
					 listed and the use of the product against the unnamed target pest is not
					 expressly prohibited;
(e) Employing
					 a method of application not expressly prohibited, provided other directions are
					 followed;
(f) Mixing with another
					 pesticide or with a fertilizer, unless such mixture is expressly
					 prohibited;
(g) An increase in the
					 concentration of the mixture applied, provided it corresponds with the current
					 published UC Pest Management Guidelines of the University of California, which
					 are available from their Statewide Integrated Pest Management Program, 2801
					 Second Street, Davis, California 95681-7774, or on-line at
http://www.ipm.ucdavis.edu
;
					 or
(h) The use of personal
					 protective equipment consistent with the exceptions and substitutions in
					 section 6738.4.
"Continuous monitoring" means the measurement of the air
						concentration of a specific pesticide on an uninterrupted, real-time basis by
						instrumental methods.
"Course" means any course, class, or program offered by a
						provider of continuing education approved pursuant to section
						6512.
"Coverall" means a one- or two-piece garment of closely
						woven fabric or equivalent that covers the entire body, except the head, hands,
						and feet, and must be provided by the employer as personal protective
						equipment. Coverall differs from, and should not be confused with, work
						clothing that can be required to be provided by the employee.
"Crack and crevice treatment" means the application of
						small amounts of insecticide directly into cracks and crevices in which insects
						hide or through which they may enter the building. Examples are openings
						occurring at expansion joints, between different elements of construction, and
						between equipment and floors. Only minimal amounts of pesticide should remain
						on the surface.
"Display" means to make information available to the
						employee so that he or she may readily see and read the document, during normal
						business hours, without having to make a specific request of any person. An
						employee shall not be hindered or impeded from examining documents required to
						be displayed. This definition does not preclude using a binder or filing
						cabinet, that otherwise meets these criteria, to contain documents for
						display.
"Dormant insecticide" means petroleum distillates,
						petroleum hydrocarbons, unclassified petroleum oils, and mineral oils with the
						addition of other insecticides--or other insecticides used alone--that are used
						for pest control and applied to deciduous plants.
"Dormant oil" means petroleum distillates, petroleum
						hydrocarbons, unclassified petroleum oils, and mineral oils that are used for
						pest control and applied to deciduous plants.
"Early entry" means entry into a treated field or other
						area after the pesticide application is complete, but before the restricted
						entry interval or other restrictions on entry for that pesticide have
						expired.
"Employee" means any person who, for any kind of
						compensation, performs work, services, or activities covered by this
						division.
"Employer" means any person who exercises primary
						direction and control over the work, services, or activities of an employee. A
						foreman, crew leader, supervisor, or similarly situated person represents the
						employer when hiring an employee or when exercising, or having responsibility
						for exercising, the primary direction and control, but is not considered the
						employer himself or herself.
"Enclosed cab" means a chemical resistant barrier that
						completely surrounds the occupant(s) of the cab and prevents dermal contact
						with pesticides being applied outside of the cab.
"Enclosed space" means a space enclosed, entirely or in
						part, with a nonporous covering of sufficient size to permit entry, and is used
						in the commercial or research production of an agricultural plant commodity.
						This includes greenhouses, polyhouses, mushroom houses, hoop houses, and
						similar structures.
"Engineered rights-of-way" means areas within a
						groundwater protection area that are constructed in a way that results in
						increased runoff and collection of storm water, such as railroad ballasts and
						berms, public roadsides, and highway median strips or similar areas, but not
						canal or ditch banks or utility lines.
"Evapotranspiration" is the combination of water
						transpired from vegetation and evaporated from the soil and plant surfaces.
						Evapotranspiration data can be obtained from the California Irrigation
						Management Information System (CIMIS) or other local sources.
"Examination" means written examination.
"Feasible" means capable of being accomplished in a
						successful manner, within a reasonable period of time, taking into account
						economic, environmental, social, and technological factors.
"Feasible alternatives" means other chemical or
						non-chemical procedures which can reasonably accomplish the same pest control
						function with comparable effectiveness and reliability, taking into account
						economic, environmental, social, and technological factors and timeliness of
						control.
"Feasible mitigation measure" means a condition attached
						to the approval of an activity which, if implemented, would substantially
						reduce any adverse impact, taking into account economic, environmental, social,
						and technological factors and timeliness of control.
"Field" means any area (including enclosed space) upon
						which one or more agricultural plant commodities (including forest and nursery
						products) are grown for commercial or research production. Field does not
						include range or pasture harvested by grazing animals.
"Field capacity" is the amount of water remaining in soil
						when the downward water flow due to gravity becomes negligible.
"Fieldworker" means any person who, for any kind of
						compensation, performs cultural activities in a field. Fieldworker does not
						include persons performing tasks as a crop advisor, including field checking or
						scouting, making observations of the well being of the plants, or taking
						samples, nor does it include local, state, or federal officials performing
						inspection, sampling, or other similar official duties.
"Filter or air purifying element" means a component used
						in respirators to remove solid or liquid aerosols from the inspired air.
"Filtering facepiece" means a National Institute for
						Occupational Safety and Health (NIOSH)-approved negative pressure particulate
						respirator with a filter as an integral part of the facepiece or with the
						entire facepiece composed of the filtering medium.
"Fumiscope®" is a monitoring instrument that measures
						the concentration of methyl bromide inside a structure in ounces per 1,000
						cubic feet. (The analytical detection limit of a Fumiscope® is 250 parts
						per million [ppm]).
"Ground-based application equipment" means equipment such
						as:
(a) Hand sprayers
(b) Backpack sprayers
(c) Air-blast sprayers
(d) Field soil injection equipment
(e) Dusters
(f) Drills
(g) Granular applicators
(h) Ground-rig sprayers
"Groundwater protection area" means an area of land that
						has been determined by the Director to be vulnerable to the movement of
						pesticides to groundwater, as identified in the Department of Pesticide
						Regulation document, Ground Water Protection Areas 2018 (Rev. 10/18), hereby
						incorporated by reference. The determination of a groundwater protection area
						is based on factors, such as soil type, climate, and depth to the groundwater,
						that are characteristic of areas where legally applied pesticides or their
						breakdown products have been detected and verified in groundwater.
"Hand labor" means any cultural activity, performed by
						hand or with hand tools, that causes substantial contact with surfaces (such as
						plants or soil) that may have pesticide residues. These activities include hand
						harvesting, detasseling, thinning, hand weeding, topping, planting, sucker
						removal, pruning, disbudding, roguing, and packing produce into containers in
						the field. Hand labor does not include operating, moving, or repairing
						irrigation equipment or performing the duties of a crop advisor, field checker,
						or scout, making observations of the well being of the plants, or taking
						samples.
"Handle" means:
(a) Mixing, loading, transferring, applying
					 (including chemigation), or assisting with the application (including flagging)
					 of pesticides;
(b) Maintaining,
					 servicing, repairing, cleaning, or handling equipment used in these activities
					 that may contain residues;
(c)
					 Working with opened (including emptied but not rinsed) containers of
					 pesticides;
(d) Adjusting,
					 repairing, or removing treatment site coverings;
(e) Incorporating (mechanical or watered-in)
					 pesticides into the soil;
(f)
					 Entering a treated area during any application or before the inhalation
					 exposure level listed on pesticide product labeling has been reached or
					 enclosed space ventilation criteria have been met;
(g) Performing the duties of a crop advisor,
					 including field checking or scouting, making observations of the well-being of
					 the plants, or taking samples during an application or any restricted entry
					 interval or entry restricted period listed on pesticide product labeling;
					 or
(h) Other handling activities
					 specified by the label.
Handle does not include inspection, sampling, or other
						similar official duties performed by local, state, or federal officials.
"Home use" means use in a household or its immediate
						environment.
"Human Participant" means a living person who
						participates in a human pesticide exposure study conducted in order to obtain
						(1) data through intervention or interaction with the participant, or (2)
						identifiable private information. Intervention, as used in this definition,
						includes both physical procedures by which data are gathered and manipulations
						of the participant or the participant's environment that are performed for
						research purposes. Interaction, as used in this definition, includes
						communication or interpersonal contact between the investigator and human
						participant. Private information, as used in this definition, includes
						information about behavior that occurs in a context in which a participant can
						reasonably expect that no observation or recording is taking place, and
						information which has been provided for specific purposes by a participant and
						which the participant can reasonably expect will not be made public. Private
						information must be individually identifiable in order for the acquisition of
						that information to constitute research involving human participants.
						Individually identifiable means that the identity of the participant is or may
						readily be ascertained by the investigator or associated with the
						information.
"Hydrologically isolated site" means any treated area
						that does not produce runoff capable of entering any irrigation or drainage
						ditch, canal, or other body of water.
"Immediately dangerous to life or health (IDLH)" means an
						atmosphere that poses an immediate threat to life, would cause irreversible
						adverse health effects, or would impair an individual's ability to escape from
						a dangerous atmosphere.
"Impervious surfaces" means hard surfaces, such as
						concrete or asphalt streets, sidewalks, and driveways.
"Incidental" means pest control that ensues from, or is a
						minor consequence of, a business' overall ornamental and turf maintenance
						activities. Pest control separate from ornamental and turf plantings does not
						qualify. This definition is applicable to section
						11704 of the Food and Agricultural
						Code and sections
						6504(b)(5) and
						6531 of Title 3, California Code of
						Regulations.
"Industrial use" means pest control:
(a) for or in a manufacturing, mining, or
					 chemical process; or
(b) in, on, or
					 around the following:
(1) airports;
(2) construction sites;
(3) factories;
(4) food handling establishments including
					 delis, bakeries, or restaurants;
(5) manufacturing or processing plants,
					 including packing houses;
(6) oil
					 fields and tank farms;
(7) ports
					 and shipyards;
(8) power generation
					 plants and electrical substations;
(9) structures or areas which protect stored,
					 processed or manufactured products, including warehouses and commercial grain
					 elevators;
(10) timber yards,
					 timber mills, and wood treatment plants;
(11) water or sewage treatment plants;
					 and
(12) similar sites.