reglab/statecodes huggingface dataset:
California Code of Regulations › Title 3 - Food and Agriculture › Division 6 - Pesticides and Pest Control Operations › Chapter 2 - Pesticides › Subchapter 4 - Restricted Materials › Article 1 - Restricted Materials › Section 6400 - Restricted Materials

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Director designates the pesticides listed in this
						section as restricted materials.
(a)
					 Any pesticide labeled as a "restricted use pesticide" pursuant to section
					 3 of the Federal Insecticide,
					 Fungicide, and Rodenticide Act (Title 7, United States Code, section
					 136 a).
(b) Any pesticide used under an "emergency
					 exemption" issued pursuant to section
					 18 of the Federal Insecticide,
					 Fungicide, and Rodenticide Act (Title 7, United States Code, section
					 136 p).
(c) Pesticides formulated as a dust, labeled
					 to permit outdoor use, and packaged in containers of more than 25 pounds,
					 except:
(1) products containing only exempt
					 materials specified in section
					 6402; and
(2) products containing only disulfoton,
					 endosulfan, lindane, strychnine, zinc phosphide or an active ingredient not
					 otherwise included in this section, and labeled only for one or more of the
					 following uses: home use, structural pest control, industrial use,
					 institutional use, and use by public agency vector control districts pursuant
					 to section
					 116180
					 of the Health and Safety Code.
California Code of Regulations › Title 3 - Food and Agriculture › Division 6 - Pesticides and Pest Control Operations › Chapter 2 - Pesticides › Subchapter 4 - Restricted Materials › Article 1 - Restricted Materials › Section 6402 - Exempt Materials

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The director designates and establishes pursuant to
						Section 14006.7 of the Food and
						Agricultural Code the pesticides stated in this section as exempt
						materials.
(a) Spray
					 adjuvants
(b) Petroleum
					 oils
(c) Sulfur
(d) Lime
(e) Lime-sulfur
(f) Sodium polysulfide
(g) Certain copper compounds
(1) Bordeaux mixture
(2) Copper acetate
(3) Copper carbonate
(4) Copper hydroxide
(5) Copper-lime mixtures
(6) Copper linoleate
(7) Copper oleate
(8) Copper oxychloride
(9) Copper sulfate (basic, monohydrate, and
					 pentahydrate)
(10) Copper
					 oxide
(11) Copper calcium
					 oxychloride
California Code of Regulations › Title 3 - Food and Agriculture › Division 6 - Pesticides and Pest Control Operations › Chapter 2 - Pesticides › Subchapter 4 - Restricted Materials › Article 2 - Possession and Use Limitations › Section 6404 - Use Limitations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Restricted materials listed in section
					 6400 shall only be used by or under
					 the direct supervision of a certified private or commercial applicator
					 operating within the scope of the individual's certification.
(b) An individual who is a certified private
					 or commercial applicator but who does not possess the category, branch, or type
					 of certification required for the intended use shall operate under the direct
					 supervision of a certified private or commercial applicator whose categories
					 and scope of certification are applicable to the intended use.
(c) Except as provided in (d), a restricted
					 material which bears labeling designating the product as a fumigant shall only
					 be used by or under the direct supervision of a certified commercial
					 applicator.
(d) Private applicators
					 certified in accordance with section
					 6580.2(c) may use
					 or provide direct supervision for the use of restricted materials bearing
					 labeling designating the product as a fumigant for the control of burrowing
					 vertebrate pests.
Note: Authority cited: Sections
						  11456,
						  11502,
						  12976,
						  14005
						  and
						  14102,
						  Food and Agricultural Code. Reference: Sections
						  11501,
						  14006,
						  14011
						  and
						  14015,
						  Food and Agricultural Code.
California Code of Regulations › Title 3 - Food and Agriculture › Division 6 - Pesticides and Pest Control Operations › Chapter 2 - Pesticides › Subchapter 4 - Restricted Materials › Article 2 - Possession and Use Limitations › Section 6406 - Supervision Standards

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) As
					 used in this section "noncertified applicator" includes:
(1) An employee trained to handle pesticides
					 who is not a certified applicator,
(2) A certified private or commercial
					 applicator whose category(ies) or scope of certification are not applicable to
					 the intended pesticide use,
(3) A
					 pilot with a Manned or Unmanned Apprentice Pest Control Aircraft Pilot
					 Certificate, and
(4) An individual
					 certified by another state or jurisdiction who is not certified as a private or
					 commercial applicator in California.
California Code of Regulations › Title 3 - Food and Agriculture › Division 6 - Pesticides and Pest Control Operations › Chapter 2 - Pesticides › Subchapter 4 - Restricted Materials › Article 2 - Possession and Use Limitations › Section 6408 - Private Applicator Certification. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Editorial renumbering and amendment of former Section
						2452(h) and
						(j)(13) to Section
						6408 filed 8-13-85 (Register 85,
						No. 33).
2. Repealer filed 8-1-96; operative 8-31-96 (Register 96,
						No. 31).
Note: Authority cited: Sections
						  407,
						  14005
						  and
						  14102,
						  Food and Agricultural Code. Reference: Sections
						  11501
						  and
						  14006,
						  Food and Agricultural Code.
California Code of Regulations › Title 3 - Food and Agriculture › Division 6 - Pesticides and Pest Control Operations › Chapter 2 - Pesticides › Subchapter 4 - Restricted Materials › Article 2 - Possession and Use Limitations › Section 6410 - Pesticide Safety Information Series. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Editorial renumbering and amending of former section
						2452(j)(9)(A) last
						sentence to section
						6410 filed 8-13-85 (Register 85,
						No. 33).
2. Repealer filed 8-13-90; operative 8-13-90 (Register 90,
						No. 41). (See subsection (c) of 6724.)
Note: Authority cited: Sections
						  407,
						  14005
						  and
						  14102,
						  Food and Agricultural Code. Reference: Sections
						  11501
						  and
						  14006,
						  Food and Agricultural Code.
California Code of Regulations › Title 3 - Food and Agriculture › Division 6 - Pesticides and Pest Control Operations › Chapter 2 - Pesticides › Subchapter 4 - Restricted Materials › Article 2 - Possession and Use Limitations › Section 6412 - Restricted Material Permit Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Except as provided in this section and Sections
					 6400,
					 6414 and
					 6416, restricted materials shall be
					 possessed or used only under permit of the commissioner or under his direct
					 supervision, or under permit of the director in any county in which there is no
					 commissioner.
(b) The person named
					 in a restricted material permit is authorized to retain possession, except for
					 sale, of materials for which the permit was valid after such permit expires,
					 provided they are stored in accordance with Sections
					 6670 and
					 6672.
1.
						Editorial renumbering and amendment of former Section
						2452(a) and (g) to
						Section 6412 filed 8-13-85 (Register 85, No
						33).
2. Amendment filed 1-4-89; operative 1-4-89 pursuant to
						Government Code Section
						11346.2(d)
						(Register 89, No. 5).
3. Change without regulatory effect amending
						NOTE filed 6-20-2001 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2001, No. 25).
Note: Authority cited: Sections
						  11456,
						  14005
						  and
						  14102,
						  Food and Agricultural Code. Reference: Sections
						  11501
						  and
						  14006,
						  Food and Agricultural Code.
California Code of Regulations › Title 3 - Food and Agriculture › Division 6 - Pesticides and Pest Control Operations › Chapter 2 - Pesticides › Subchapter 4 - Restricted Materials › Article 2 - Possession and Use Limitations › Section 6414 - Permit Exemptions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Permits to possess restricted materials shall not be required of commercial
					 carriers to transport such materials.
(b) No permit shall be required for
					 restricted materials included only in subsection (a) of section
					 6400 (federally restricted use)
					 when possessed or used by or under the supervision of a certified private or
					 certified commercial applicator unless otherwise required by the
					 commissioner.
(c) No permit shall
					 be required for antifouling paints or coatings containing
					 tributyltin.
(d) No permit shall be
					 required for restricted materials used only for experimental or research
					 purposes when possessed or used, by or under the supervision of, research
					 personnel from colleges and universities provided they are operating according
					 to the current established policy of the college or university which covers
					 experimental pesticide use.
(e) No
					 permit shall be required for restricted materials used according to a valid
					 research authorization issued pursuant to section
					 6260.
(f) A permit is not required of a licensed
					 pesticide broker when possessing a pesticide designated as a restricted
					 material for sale to a registrant, licensed pest control dealer, or another
					 licensed pesticide broker in California.
(g) A permit is not required for restricted
					 materials used only on Tribal land by an individual certified under a U.S.
					 EPA-approved certification plan.
Note: Authority cited: Sections
						  11456,
						  12976,
						  14005
						  and
						  14102,
						  Food and Agricultural Code. Reference: Sections
						  11501,
						  14006,
						  14006.6
						  and
						  14015,
						  Food and Agricultural Code.
California Code of Regulations › Title 3 - Food and Agriculture › Division 6 - Pesticides and Pest Control Operations › Chapter 2 - Pesticides › Subchapter 4 - Restricted Materials › Article 2 - Possession and Use Limitations › Section 6416 - Groundwater Protection Restrictions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
					 permit is required for the possession or use of a pesticide containing a
					 chemical listed in section
					 6800(a) when the
					 pesticide is:
(1) applied in an agricultural,
					 outdoor institutional, or outdoor industrial use within a runoff groundwater
					 protection area or in a leaching groundwater protection area, or
(2) restricted for purposes other than
					 groundwater protection.
California Code of Regulations › Title 3 - Food and Agriculture › Division 6 - Pesticides and Pest Control Operations › Chapter 2 - Pesticides › Subchapter 4 - Restricted Materials › Article 2 - Possession and Use Limitations › Section 6417 - Research Authorization for Groundwater Protection List Chemicals. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						section filed 4-10-90; operative 4-10-90 pursuant to Government Code section
						11346.2(d)
						(Register 90, No. 16).
2. Repealer filed 4-3-92; operative 5-4-92
						(Register 92, No. 18).
Note: Authority: Sections
						  407,
						  12781,
						  12976,
						  13145,
						  14005
						  and
						  14006,
						  Food and Agricultural Code. Reference: Section
						  14006.6,
						  Food and Agricultural Code.
California Code of Regulations › Title 3 - Food and Agriculture › Division 6 - Pesticides and Pest Control Operations › Chapter 2 - Pesticides › Subchapter 4 - Restricted Materials › Article 3 - Permit System › Section 6420 - Permit Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Permits for agricultural use of a restricted material shall be issued in the
					 name of the operator of the property to be treated. The permittee or, when
					 allowed by the commissioner, the permittee's authorized representative or
					 licensed agricultural pest control adviser, shall sign the permit. The
					 authorized representative or licensed agricultural pest control adviser shall
					 provide the commissioner with written documentation from the permittee to act
					 on his/her behalf.
(b) Permits for
					 nonagricultural use of a restricted material may be issued in the name of the
					 operator of the property to be treated or a pest control business. A permit
					 issued to the operator of the property shall be signed by either the permittee
					 or, when allowed by the commissioner, the permittee's authorized
					 representative. The authorized representative shall provide the commissioner
					 with written documentation from the permittee to act on his or her behalf. A
					 permit issued to the pest control business shall be signed by the owner or a
					 qualified applicator licensee or qualified applicator certificate holder
					 responsible to supervise the operations of the pest control business.
(c) The permittee shall be responsible for
					 compliance with all permit conditions.
1.
						Editorial renumbering of former Section
						2452(e) to Section
						6420 filed 8-13-85 (Register 85,
						No. 33).
2. Amendment of section heading, section and NOTE filed
						10-20-2000; operative 11-19-2000 (Register 2000, No. 42).
Note: Authority cited: Sections
						  11456,
						  14005
						  and
						  14102,
						  Food and Agricultural Code. Reference: Sections
						  11501
						  and
						  14006,
						  Food and Agricultural Code.
California Code of Regulations › Title 3 - Food and Agriculture › Division 6 - Pesticides and Pest Control Operations › Chapter 2 - Pesticides › Subchapter 4 - Restricted Materials › Article 3 - Permit System › Section 6422 - Permit Duration

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Each permit issued for agricultural use of a restricted material shall be site
					 and time specific. Pursuant to Food and Agricultural Code section
					 14007, any permit may be issued for
					 a one-year period. Permits issued for perennial agricultural plantings,
					 nonproduction agricultural sites, or nonagricultural sites may be issued for up
					 to a three-year period. Permit applicants may apply for and obtain a permit for
					 a shorter duration.
(b) A permit to
					 use restricted materials shall be valid for the time specified unless sooner
					 revoked or suspended.
1.
						Editorial renumbering of former Section
						2452(f) and (j)(2)
						to Section 6422 filed 8-13-85 (Register 85,
						No. 33).
2. Amendment of section and NOTE filed 10-20-2000;
						operative 11-19-2000 (Register 2000, No. 42).
Note: Authority cited: Sections
						  11456,
						  14005
						  and
						  14102,
						  Food and Agricultural Code. Reference: Sections
						  11501,
						  14006
						  and
						  14007,
						  Food and Agricultural Code.
California Code of Regulations › Title 3 - Food and Agriculture › Division 6 - Pesticides and Pest Control Operations › Chapter 2 - Pesticides › Subchapter 4 - Restricted Materials › Article 3 - Permit System › Section 6424 - Forms

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Each application and permit to possess or use a restricted material shall be on
					 a form either provided or approved by the director.
(b) All information required for a written
					 notice of intent shall be on forms either provided or approved by the
					 director.
1.
						Editorial renumbering of former Section
						2452(i) and
						(j)(14) to Section
						6424 filed 8-13-85 (Register 85,
						No. 33).
2. Change without regulatory effect amending NOTE filed
						6-20-2001 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2001, No. 25).
Note: Authority cited: Sections
						  11456,
						  14005
						  and
						  14102,
						  Food and Agricultural Code. Reference: Sections
						  11501
						  and
						  14006,
						  Food and Agricultural Code.
California Code of Regulations › Title 3 - Food and Agriculture › Division 6 - Pesticides and Pest Control Operations › Chapter 2 - Pesticides › Subchapter 4 - Restricted Materials › Article 3 - Permit System › Section 6426 - Alternatives and Mitigation Measures

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Each licensed agricultural pest control adviser and grower, when determining if
					 and when to use a pesticide that requires a permit, shall consider, and if
					 feasible, adopt any reasonable, effective and practical mitigation measure or
					 use any feasible alternative which would substantially lessen any significant
					 adverse impact on the environment.
(b) Each licensed agricultural pest control
					 operator shall have available a copy of a written recommendation covering each
					 agricultural use application of a pesticide that requires a permit, and operate
					 in accordance with a pesticide permit issued by the commissioner. The standards
					 for such recommendations are established in Section
					 6556.
1.
						Editorial renumbering and amendment of former Section
						2452(j)(3) and (4)
						to Section 6426 filed 8-13-85 (Register 85,
						No. 33).
2. Change without regulatory effect amending NOTE filed
						6-20-2001 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2001, No. 25).
Note: Authority cited: Sections
						  11456,
						  14005
						  and
						  14102,
						  Food and Agricultural Code. Reference: Sections
						  11501
						  and
						  14006,
						  Food and Agricultural Code.
California Code of Regulations › Title 3 - Food and Agriculture › Division 6 - Pesticides and Pest Control Operations › Chapter 2 - Pesticides › Subchapter 4 - Restricted Materials › Article 3 - Permit System › Section 6428 - Agricultural Permit Applications

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Except as provided in Section
						6434(a), each
						application for a permit for agricultural use of a restricted material shall
						include the following information:
(a)
					 Name and business address of the permittee and signature of either the
					 permittee, or when allowed by the commissioner, the permittee's authorized
					 representative or licensed agricultural pest control adviser;
(b) Location of each property to be
					 treated;
(c) Identification of all
					 known areas that could be adversely impacted by the use of the restricted
					 material(s) including hospitals; schools, and playgrounds; residential areas
					 (including labor camps); parks; lakes, waterways, estuaries, and reservoirs;
					 state wildlife management areas; critical habitats of rare, endangered or
					 threatened species; and livestock and crops; (a map or aerial photograph may be
					 used for designating such areas);
(d) Identification of each commodity or crop,
					 or if there is no commodity or crop the site to be treated;
(e) Anticipated pest problem(s) for each crop
					 (pest(s) to be controlled);
(f)
					 Restricted material(s) requiring a permit necessary to control each pest on
					 each commodity, crop, or site;
(g)
					 Approximate date(s) or crop stage(s) of intended restricted material
					 application(s);
(h) Expected method
					 of application including the dilution, volume per acre or other units, and
					 dosage;
(i) Name of the pest
					 control business, if any; and
(j)
					 Name, business address, and license or certificate number, expiration date, and
					 category(ies), of the certified private or certified commercial applicator(s)
					 responsible for supervising the possession or use of the restricted
					 material(s).
Note: Authority cited: Sections
						  11456,
						  14005
						  and
						  14102,
						  Food and Agricultural Code. Reference: Sections
						  11501
						  and
						  14006,
						  Food and Agricultural Code.
California Code of Regulations › Title 3 - Food and Agriculture › Division 6 - Pesticides and Pest Control Operations › Chapter 2 - Pesticides › Subchapter 4 - Restricted Materials › Article 3 - Permit System › Section 6430 - Nonagricultural Permit Applications

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Each application for a permit for nonagricultural use of
						a restricted material shall include the following information:
(a) Name and business address of the operator
					 of the property or the pest control business;
(b) The signature of either the permittee, or
					 the authorized representative, or the owner or qualified applicator license or
					 certificate holder responsible to supervise the operations of the pest control
					 business;
(c) Restricted
					 material(s) to be used;
(d) Pest(s)
					 to be controlled;
(e) Method of
					 application;
(f) Criteria for
					 determining need for the pesticide application and
(g) Name, address, and license or certificate
					 number, expiration date, and category(ies) of the certified applicator
					 responsible for supervising the possession or use of the restricted
					 material(s).
Note: Authority cited: Sections
						  11456,
						  14005
						  and
						  14102,
						  Food and Agricultural Code. Reference: Sections
						  11501
						  and
						  14006,
						  Food and Agricultural Code.
California Code of Regulations › Title 3 - Food and Agriculture › Division 6 - Pesticides and Pest Control Operations › Chapter 2 - Pesticides › Subchapter 4 - Restricted Materials › Article 3 - Permit System › Section 6432 - Permit Evaluation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Each commissioner, prior to issuing any permit to use a pesticide and when
					 evaluating a notice of intent, shall determine if a substantial adverse
					 environmental impact may result from the use of such pesticide. If the
					 commissioner determines that a substantial adverse environmental impact will
					 likely occur from the use of the pesticide, the commissioner shall determine if
					 there is a feasible alternative, including the alternative of no pesticide
					 application, or feasible mitigation measure that would substantially reduce the
					 adverse impact. If the commissioner determines that there is a feasible
					 alternative or feasible mitigation measure which significantly reduces the
					 environmental impact, the permit or intended pesticide application shall be
					 denied or conditioned on the utilization of the mitigation measure. When the
					 commissioner determines that there is a likelihood that permit conditions have
					 been or will be violated he shall take appropriate action to assure compliance.
Each commissioner is responsible for knowing local
						conditions and utilizing such knowledge in making these determinations. Each
						commissioner shall also consider and where appropriate utilize the provisions
						of Section 14006.5 and other applicable
						sections of the Food and Agricultural Code, applicable sections of this code,
						applicable pest management guides, restricted materials hazard chart, pesticide
						safety information series, information obtained from monitoring other pest
						control operations, and other information required by the
						director.
(b) In addition to
					 the requirement of Sections
					 6428 and
					 6430 each permit shall contain the
					 following:
(1) Appropriate conditions or
					 limitations on the use of the pesticide(s) including available pesticide safety
					 information series leaflets for each pesticide included on the
					 permit;
(2) Requirements, if any,
					 for notice prior to an agricultural use pesticide application. In the case of
					 nonagricultural use, notice shall be required to the extent it is necessary to
					 comply with inspection responsibilities and with the monitoring requirements of
					 Section 6436; and
(3) Appropriate conditions or limitations
					 such as those described in available pest management guides. The commissioner
					 shall inform the permittee of, and where to obtain, any pest management guide
					 applicable to the pest control authorized in the permit.
California Code of Regulations › Title 3 - Food and Agriculture › Division 6 - Pesticides and Pest Control Operations › Chapter 2 - Pesticides › Subchapter 4 - Restricted Materials › Article 3 - Permit System › Section 6434 - Notice of Intent

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If
					 the information required by (g), (h), and (i) of Section
					 6428 is not provided on the permit,
					 it shall be included in the notice of intent.
(b) When a notice of intent is required by
					 the commissioner, it shall provide the following information concerning the
					 proposed application. If the information required by this paragraph has been
					 provided on the permit it may be referenced on the notice of intent.
(1) Permit number;
(2) Name and address of permittee and
					 applicator;
(3) Location of areas
					 to be treated and name of farm operator;
(4) Crop or commodity, or if there is no crop
					 or commodity the site to be treated;
(5) Approximate acres or other
					 units;
(6) Method of
					 application;
(7)
					 Pesticide(s);
(8) Dilution, volume
					 per acre or other units, and dosage;
(9) Pest(s) to be controlled;
(10) Date intended application is to
					 commence; and
(11) Location and
					 identity of areas specified in Section
					 6428 which have changed since the
					 permit was issued and which may be adversely impacted. A map or aerial
					 photograph may be used for designating such locations.
The commissioner shall be notified at least 24 hours
						prior to commencing the use of a pesticide requiring a permit. The notice of
						intent to apply a pesticide may be submitted to the commissioner by the
						operator of the property to be treated, by such operator's authorized
						representative, or by the licensed pest control operator who is to apply the
						pesticide. The commissioner may allow less than 24 hours notice if he
						determines that because of the nature of the commodity or pest problem
						effective pest control cannot be attained or when 24 hours are not necessary to
						adequately evaluate the intended application.
California Code of Regulations › Title 3 - Food and Agriculture › Division 6 - Pesticides and Pest Control Operations › Chapter 2 - Pesticides › Subchapter 4 - Restricted Materials › Article 3 - Permit System › Section 6436 - Permit Monitoring

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The director shall develop and the commissioner shall
						utilize a valid statistical program for monitoring sites to be treated which
						requires more frequent monitoring of individuals who have a record of
						noncompliance with applicable laws and regulations including violations of
						Section 6556. Such program shall require
						monitoring of no less than 5% of the sites identified in permits or notices of
						intent to apply a pesticide for an agricultural use. Such monitoring shall
						include an evaluation of the basis for the intended application including the
						written recommendation, if any. In the case of nonagricultural uses, the
						pesticide use of each permit holder shall be inspected at least once a year.
						Such monitoring shall insure compliance with this section and with the
						provisions of Section
						14006.5
						of the Food and Agricultural Code. No application shall be allowed to proceed
						if noncompliance with these provisions exists.
1.
						Editorial renumbering of former Section
						2452(j)(12) to
						Section 6436 filed 8-13-85 (Register 85,
						No. 33).
2. Change without regulatory effect amending NOTE filed
						6-20-2001 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2001, No. 25).
Note: Authority cited: Sections
						  11456,
						  14005
						  and
						  14102,
						  Food and Agricultural Code. Reference: Sections
						  11501
						  and
						  14006,
						  Food and Agricultural Code.
California Code of Regulations › Title 3 - Food and Agriculture › Division 6 - Pesticides and Pest Control Operations › Chapter 2 - Pesticides › Subchapter 4 - Restricted Materials › Article 3 - Permit System › Section 6438 - Pest Control Records. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Editorial renumbering and amendment of former Section
						3090.2(a) and (d)
						to Section 6438 filed 8-13-85 (Register 85,
						No. 33).
2. Repealer filed 12-22-89; operative 1-1-90 (Register 90,
						No. 1).
Note: Authority cited: Sections
						  407,
						  14005
						  and
						  14102,
						  Food and Agricultural Code. Reference: Sections
						  11501
						  and
						  14006,
						  Food and Agricultural Code.
California Code of Regulations › Title 3 - Food and Agriculture › Division 6 - Pesticides and Pest Control Operations › Chapter 2 - Pesticides › Subchapter 4 - Restricted Materials › Article 3 - Permit System › Section 6440 - Pesticide Use Reports. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Editorial renumbering of former Sections
						2459 and
						3090.2(b), (c) and
						(e) to Section
						6440 filed 8-13-85 (Register 85,
						No. 33).
2. Repealer filed 12-22-89; operative 1-1-90 (Register 90,
						No. 1).
Note: Authority cited: Sections
						  407,
						  14005
						  and
						  14102,
						  Food and Agricultural Code. Reference: Sections
						  11501,
						  14006
						  and
						  14011.5,
						  Food and Agricultural Code.
California Code of Regulations › Title 3 - Food and Agriculture › Division 6 - Pesticides and Pest Control Operations › Chapter 2 - Pesticides › Subchapter 4 - Restricted Materials › Article 3 - Permit System › Section 6442 - Permit Review

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Section
						14009 of the Food and Agricultural
						Code provides for a review by the director of the action of an agricultural
						commissioner in issuing, refusing, revoking, suspending, or conditioning a
						restricted materials permit. This section states the standards and procedures
						applicable to such review by the director.
(a) Registration of a restricted material is
					 not in itself a right to use the pesticide, but rather a department
					 determination that under appropriate local conditions the commissioner can
					 grant a use permit for the material.
(b) The decision of an agricultural
					 commissioner in issuing, conditioning, refusing, revoking, or suspending a
					 restricted materials permit will be reversed by the director only for a clear
					 abuse of discretion by the commissioner in applying the applicable restricted
					 materials provisions of the Food and Agricultural Code (beginning with section
					 14001) and regulations in Title 3,
					 California Code of Regulations (beginning with section
					 6400). The burden of establishing
					 abuse of discretion is on the person requesting the review.
(c) The director's review is limited to the
					 particular permit involved.
(d) The
					 person requesting the review of the issuance of a permit may request that the
					 director stay the operation of the permit for a limited time or until the
					 matter is finally decided. Whether the stay will be granted or refused will be
					 determined by the director as soon as practicable based on the reasons stated
					 for the stay in the request for review and supporting documents, any counter
					 documents or arguments which are timely submitted to the director by the
					 commissioner or permittee, and the director's own preliminary analysis of
					 whether a stay is necessary to avoid a significant health hazard or significant
					 crop, environmental, or property damage.
1.
						Editorial renumbering and amendment of former Section
						2463 to Section
						6442 filed 8-13-85 (Register 85,
						No. 33).
2. Amendment of section and NOTE filed 10-20-2000;
						operative 11-19-2000 (Register 2000, No. 42).
Note: Authority cited: Section
						  11456,
						  Food and Agricultural Code. Reference: Section
						  14009,
						  Food and Agricultural Code.
California Code of Regulations › Title 3 - Food and Agriculture › Division 6 - Pesticides and Pest Control Operations › Chapter 2 - Pesticides › Subchapter 4 - Restricted Materials › Article 3 - Permit System › Section 6444 - Generalized Effects

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If at any time pesticide residues, symptoms, or health
						hazards appear generally throughout any area, the director or commissioner may
						cause a field inspection to be made. If it appears that substantial loss,
						damage or injury is likely to result from continued application of a specific
						pesticide within such area, the director or commissioner may cause all permits
						for applications of that pesticide within such area canceled and specify that
						no additional permits shall be issued therein.
1.
						Editorial renumbering of former Section
						2460 to Section
						6444 filed 8-13-85 (Register 85,
						No. 33).
2. Change without regulatory effect amending NOTE filed
						6-20-2001 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2001, No. 25).
Note: Authority cited: Sections
						  11456,
						  14005
						  and
						  14102,
						  Food and Agricultural Code. Reference: Sections
						  11501
						  and
						  14006,
						  Food and Agricultural Code.
California Code of Regulations › Title 3 - Food and Agriculture › Division 6 - Pesticides and Pest Control Operations › Chapter 2 - Pesticides › Subchapter 4 - Restricted Materials › Article 4 - Field Fumigation Use Requirements › Section 6445 - Fumigation-Handling Activities

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
For purposes of sections
						6447-6447.3, and 6784(b),
						fumigation-handling activities are limited to employees involved in assisting
						with covering the tarpaulin at the end of the rows (shoveling); assisting in
						the overall operation, ensuring proper tarpaulin placement and condition, and
						changing cylinders (copiloting); operating tractor equipment (driving);
						supervising the fumigation operation; operating chemigation equipment and
						assisting in chemigation application and leak repair (chemigating); tarpaulin
						cutting; tarpaulin or chemigation equipment removal prior to the expiration of
						the entry restricted period; and other handling activities specified by the
						label.
1.
						Amendment of article heading and new section filed 1-25-2008; operative
						1-25-2008 pursuant to Government Code section
						11343.4
						(Register 2008, No. 4).
2. Amendment filed 2-17-2016; operative
						4-1-2016 (Register 2016, No. 8).
Note: Authority cited: Sections
						  11456,
						  12976,
						  12981,
						  14005
						  and
						  14102,
						  Food and Agricultural Code. Reference: Sections
						  11501,
						  12981
						  and
						  14102,
						  Food and Agricultural Code.
California Code of Regulations › Title 3 - Food and Agriculture › Division 6 - Pesticides and Pest Control Operations › Chapter 2 - Pesticides › Subchapter 4 - Restricted Materials › Article 4 - Field Fumigation Use Requirements › Section 6445.5

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						section filed 1-25-2008; operative 1-25-2008 pursuant to Government Code
						section
						11343.4
						(Register 2008, No. 4).
2. Amendment filed 4-7-2011; operative
						4-7-2011 pursuant to Government Code section
						11343.4
						(Register 2011, No. 14).
3. Repealer filed 6-30-2023; operative
						1-1-2024 (Register 2023, No. 26).
Note: Authority cited: Sections
						  11456,
						  11502
						  and
						  14005,
						  Food and Agricultural Code. Reference: Sections
						  11501,
						  14001
						  and
						  14151,
						  Food and Agricultural Code.
California Code of Regulations › Title 3 - Food and Agriculture › Division 6 - Pesticides and Pest Control Operations › Chapter 2 - Pesticides › Subchapter 4 - Restricted Materials › Article 4 - Field Fumigation Use Requirements › Section 6446 - Methyl Iodide - General Requirements. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						section filed 12-20-2010 as an emergency; operative 12-20-2010 (Register 2010,
						No. 52). A Certificate of Compliance must be transmitted to OAL by 6-20-2011 or
						emergency language will be repealed by operation of law on the following
						day.
2. Certificate of Compliance as to 12-20-2010 order transmitted
						to OAL 4-26-2011 and filed 5-11-2011 (Register 2011, No. 19).
3.
						Change without regulatory effect repealing section filed 8-6-2014 pursuant to
						section 100, title 1, California Code of
						Regulations (Register 2014, No. 32).
Note: Authority cited: Sections
						  11456,
						  12976,
						  14005
						  and
						  14102,
						  Food and Agricultural Code. Reference: Sections
						  11501,
						  14006
						  and
						  14102,
						  Food and Agricultural Code.
California Code of Regulations › Title 3 - Food and Agriculture › Division 6 - Pesticides and Pest Control Operations › Chapter 2 - Pesticides › Subchapter 4 - Restricted Materials › Article 4 - Field Fumigation Use Requirements › Section 6446.1 - Methyl Iodide Field Fumigation Methods. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						section filed 12-20-2010 as an emergency; operative 12-20-2010 (Register 2010,
						No. 52). A Certificate of Compliance must be transmitted to OAL by 6-20-2011 or
						emergency language will be repealed by operation of law on the following
						day.
2. Certificate of Compliance as to 12-20-2010 order transmitted
						to OAL 4-26-2011 and filed 5-11-2011 (Register 2011, No. 19).
3.
						Change without regulatory effect repealing section filed 8-6-2014 pursuant to
						section 100, title 1, California Code of
						Regulations (Register 2014, No. 32).
Note: Authority cited: Sections
						  11456,
						  12976,
						  14005
						  and
						  14102,
						  Food and Agricultural Code. Reference: Sections
						  11501,
						  14006
						  and
						  14102,
						  Food and Agricultural Code.
California Code of Regulations › Title 3 - Food and Agriculture › Division 6 - Pesticides and Pest Control Operations › Chapter 2 - Pesticides › Subchapter 4 - Restricted Materials › Article 4 - Field Fumigation Use Requirements › Section 6447.1 - Methyl Bromide Field Fumigation Notification Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Notification to the Commissioner.
(1)
					 Notwithstanding section
					 6434, the operator of the property
					 to be treated shall assure that the commissioner is notified (notice of intent)
					 at least 48 hours prior to commencing fumigation. The notice of intent shall
					 indicate the hour the fumigation is intended to commence and the information
					 specified in section
					 6434(b).
(2) The fumigation shall not commence sooner
					 than the intended starting time or later than 12 hours after the intended
					 starting time specified on the notice of intent.
(3) If fumigation of an application block
					 does not commence within the time specified in (a)(2), a new notice of intent
					 must be submitted, but no new 48-hour waiting period is needed unless required
					 by the commissioner.
(4) For
					 multiple application blocks to be fumigated sequentially, the commissioner may
					 allow one notice of intent that includes an application schedule for all the
					 application blocks in lieu of a separate notice of intent for each application
					 block to be fumigated. The schedule must specify the date and time each
					 application block is intended to be fumigated.
California Code of Regulations › Title 3 - Food and Agriculture › Division 6 - Pesticides and Pest Control Operations › Chapter 2 - Pesticides › Subchapter 4 - Restricted Materials › Article 4 - Field Fumigation Use Requirements › Section 6447.2 - Methyl Bromide Field Fumigation Buffer Zone Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
					 commissioner shall set buffer zone sizes and durations based upon local
					 conditions. The commissioner may not allow a buffer zone that is smaller or a
					 duration that is less in permit conditions than those listed in Methyl Bromide
					 Field Fumigation Buffer Zone Determination, Rev. 3/10, hereby incorporated by
					 reference.
(b) Two buffer zones, an
					 inner and outer for each application block, shall be approved by the
					 commissioner after the proposed work site plan is submitted.
(c) Inner Buffer Zone Restrictions.
(1) The inner buffer zone must be at least 30
					 feet.
(2) The operator of the
					 property to be treated shall assure that no persons are allowed within the
					 inner buffer zone except to transit on public and private roadways by vehicles
					 or bicycles or to perform fumigation-handling activities.
(3) The inner buffer zone must not extend
					 into adjoining property except as provided below:
(A) The inner buffer zone may extend into
					 adjoining agricultural property if the adjoining property operator gives
					 written permission and allows the operator of the property to be treated to
					 post the inner buffer zone boundary on the adjoining property with signs. If
					 such written permission is given, the operator of the property to be treated
					 shall assure that:
1. the inner buffer zone
					 boundaries on the adjoining property are posted with signs while the buffer
					 zone is in effect; and
2. the signs
					 are posted with wording criteria in accordance with the label; and
3. the signs are posted at intervals not
					 exceeding 200 feet.
(B)
					 With approval from the commissioner, the inner buffer zone may extend across
					 sites only where transit activities may occur, including streets, roads, roads
					 within agricultural property, and highways. Written permission and posting
					 requirements in 6447.2 (c)(3)(A) shall not apply.
California Code of Regulations › Title 3 - Food and Agriculture › Division 6 - Pesticides and Pest Control Operations › Chapter 2 - Pesticides › Subchapter 4 - Restricted Materials › Article 4 - Field Fumigation Use Requirements › Section 6448 - 1,3-Dichloropropene Field Fumigation - General Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 1,3-Dichloropropene shall only be used for the production of an agricultural
					 commodity.
(b) Field soil
					 fumigations using 1,3-Dichloropropene are prohibited within a minimum distance
					 (setback) of any structure that is, will be, or may be occupied at any time
					 during the application and/or setback period, measured from the perimeter of
					 the application block to any residence, onsite employee housing, schools,
					 convalescent homes, hospitals, businesses, or other similar sites identified by
					 the commissioner. A setback is also required for any other indoor or outdoor
					 site that will be occupied for at least 72 consecutive hours during and
					 following a 1,3-Dichloropropene application. The setback distance from an
					 occupied structure or other site varies with the fumigation method, region,
					 season, application rate, and application block size, and is specified in
					 "1,3-Dichloropropene Field Fumigation Requirements, est. January 1, 2024,"
					 hereby incorporated by reference. If the application block is within the
					 setback distance from a structure, no person shall be present at the structure
					 at any time during the application and for at least the seven consecutive day
					 period after the application is complete.
(1)
					 An application of 1,3-Dichloropropene is prohibited within the setback distance
					 from any structure outside of the property to be treated, unless the operators
					 of the other properties provide written agreement to the certified applicator
					 prior to the application that the structures will be voluntarily vacated during
					 the application and for at least the seven consecutive day period after the
					 application is complete. The certified applicator shall provide a copy of the
					 written agreements to the commissioner with each notice of intent.
California Code of Regulations › Title 3 - Food and Agriculture › Division 6 - Pesticides and Pest Control Operations › Chapter 2 - Pesticides › Subchapter 4 - Restricted Materials › Article 4 - Field Fumigation Use Requirements › Section 6448.1 - Approved Totally Impermeable Film (TIF) Tarpaulins for 1,3-Dichloropropene

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
					 Director shall evaluate candidate totally impermeable film (TIF) tarpaulins and
					 maintain a "List of Approved Totally Impermeable Film (TIF) Tarpaulins,"
					 available on the Department's Web site, that lists TIF tarpaulins authorized
					 for field soil fumigations using 1,3-Dichloropropene based on the criteria
					 specified below.
(1) Have a mass transfer
					 coefficient for 1,3-Dichloropropene of no more than 0.046 centimeters per hour,
					 measured using American Society for Testing and Materials (ASTM) method
					 E2945-14 (2014), which is hereby incorporated by reference, under high humidity
					 conditions (at least 90 percent).
(2) Display the tarpaulin name and lot number
					 in print on the tarpaulin in a font size equal to 2-3 inches in height and
					 printed at least 1 foot from each edge and at an interval of 20-30 feet along
					 the length of the tarpaulin. The printing must be legible, including a printing
					 color that is different from the color of the tarpaulin.
California Code of Regulations › Title 3 - Food and Agriculture › Division 6 - Pesticides and Pest Control Operations › Chapter 2 - Pesticides › Subchapter 4 - Restricted Materials › Article 4 - Field Fumigation Use Requirements › Section 6448.2 - 1,3-Dichloropropene Field Fumigation Methods

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An
					 application of 1,3-Dichloropropene that uses either a totally impermeable film
					 (TIF) tarpaulin or non-TIF (higher permeability) tarpaulin must meet the
					 following requirements:
(1) An application
					 block shall only be covered with tarpaulins in the same permeability category
					 (i.e., two different brands of TIF tarpaulins may be used in an application
					 block, but an application block cannot be covered with a mix of TIF and non-TIF
					 tarpaulins).
(2) Tarpaulins must be
					 buried under at least four inches of firmly packed soil at the end of the
					 rows.
(3) A tarpaulin plan must
					 include the following elements:
(A)
					 Identification of the tarpaulin, including brand name, lot number, thickness,
					 manufacturer, batch number, and part number;
(B) A schedule for checking tarpaulins for
					 damage, tears, and other problems;
(C) The parties responsible for checking and
					 repairing tarpaulins;
(D) The
					 minimum size of damage that will be repaired;
(E) The factors used to determine when
					 tarpaulin repair will be conducted, including hazard to the public, residents,
					 or workers; proximity to occupied structures, size of the damaged area(s);
					 timing of damage; feasibility and response time of repair; and environmental
					 factors such as wind speed and direction;
(F) The equipment/methods used to cut or
					 perforate tarpaulins;
(G) The
					 target dates for cutting/perforating tarpaulins; and
(H) The target dates for removing
					 tarpaulins.
(4) TIF
					 tarpaulins must not be cut/perforated until a minimum of 10 days (240 hours)
					 have elapsed after the application is complete.