Welcome to the Department of Pesticide Regulation

California Code of Regulations

(Title 3. Food and Agriculture)

Division 6. Pesticides and Pest Control Operations

Division 6. Pesticides and Pest Control Operations
Chapter 3. Pest Control Operations
Subchapter 2. Work Requirements
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.

No person shall permit a minor under 18 years of age to mix or load a pesticide which, in any use situation, use of any of the following is required by labeling or regulation:

(a) air supplied respiratory protection,

(b) closed systems, or

(c) 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.

6616. Consent to Apply.

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) Each person performing pest control shall give notice to the operator of the property to be treated before any pesticide is applied.

(1) The notice shall be in a manner the person can understand and include:

(A) The date of the scheduled application;

(B) The identity of the pesticide to be applied 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.

(2) If the scheduled application is for the commercial or research production of an agricultural plant commodity the notice shall also include:

(A) The time of the scheduled application;

(B) The location and description of the area to be treated;

(C) The applicable restricted entry interval;

(D) The product name, EPA registration number, and active ingredient; and

(E) If the pesticide product labeling requires the posting of treated fields. 

(b) The operator of property for the commercial or research production of an agricultural plant commodity shall assure that notice is given to persons, as specified below, except for the persons who applied or supervised the application for which the notice is intended. For the purposes of this subsection, persons includes employees of the operator of the property and any contractor hired by the operator of the property who may walk within 1/4 mile of the treated field.

(1) The notice shall be given:

(A) Prior to the application, to persons who are in the field or likely to enter the field during the application; and

(B) Before the scheduled entry, to persons who may enter the field during the restricted entry interval.

(2) The notice shall be given to any licensed pest control business or licensed labor contractor hired by the operator of the property that may have employees on or within 1/4 mile of the field during the application or the restricted entry interval. The pest control business or labor contractor receiving notice shall give notice to his or her employees. In lieu of giving notice to the licensed pest control business or the licensed labor contractor, the operator of the property may give notice directly to the employees of a labor contractor or pest control business to meet the requirements of this subsection (b).

(3) The notice shall be in a manner the person can understand and include:

(A) The location and description of the treated area;

(B) The time during which entry is restricted; and

(C) Instructions not to enter the treated field, except as provided in Section 6770, until the restricted entry interval has expired.

(4) The notice specified in this subsection (b) is not required when a field is posted as specified in Section 6776 unless the pesticide product labeling requires both oral notification to fieldworkers and the posting of treated fields.

(c) The operator of property for purposes other than the commercial or research production of an agricultural plant commodity, shall assure that notice is given to all persons who are on the treated property, or likely to 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.

(1) The notice shall be in a manner the person can understand and include:

(A) The date of the application;

(B) The identity of the pesticide 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.

(2) 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 Section.

(3) 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 Section.

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. Pesticide Application Completion Notice.

(a) In addition to the notice required pursuant to Section 6618, an agricultural pest control business applying pesticides for the production of an agricultural commodity shall give notice to the operator of the property treated (or the operator's designated employee), within 24 hours of completion of the pesticide application. The operator's designated employee must, at minimum, have the authority and ability to reschedule or stop activities involving field workers performing cultural practices (e.g., irrigating, thinning, tree-limb propping, weeding, harvesting). This notice shall include the following information:

(1) The location of the property, including the site identification number, and acreage treated;

(2) The pesticide(s) applied;

(3) The date and hour the application was completed; and

(4) The applicable reentry and pre-harvest intervals, unless a copy of a written recommendation made by a licensed agricultural pest control adviser, properly completed, was given to the operator of the property treated.

(b) If the operator of the property (or the operator's designated employee) will not be available to receive the notice within the 24-hour period, the operator shall identify in writing, the method by which the agricultural pest control business may provide notification. The method may be, but is not limited to, any of the following:

(1) Post or leave the notice in a designated location on the operator's property;

(2) Record the notification on a phone recorder; or

(3) Send the notice over a facsimile machine.

(c) The operator of the property treated shall maintain a record of the application completion notice(s) he or she receives by site, and a copy of the written notification method provided to each agricultural pest control business, if one is required.

(d) The agricultural pest control business shall retain a copy of the written notification method received from the operator of the property, if the business received one. The business shall also maintain a written record which 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 was given; and

(4) The method of notification, including the name of the person notified, if a person was notified.

(e) The records and written notification method 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 11456, 12976 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 Health Services pursuant to Section 2426 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.

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 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 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 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 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 qualified applicator 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 of 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) Hour the treatment was completed;

(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) Total acreage (planted) or units at the site; and

(6) 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.

(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), effective January 1, 2002, 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 6447.3, 6448.1, 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.

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

6625. Pesticide Use Report for School Sites.

(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 Pesticide Use Reporting (PR-ENF-117 Rev. 1/07), 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 or school site 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 shall be hand-delivered or mailed, 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 an agricultural 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, by hand-delivery or by mail, 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) Except as provided in (d), 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 copy of the use report required by (a) or (b) for the application of a field soil fumigant in the Sacramento Metro, San Joaquin Valley, South Coast, Southeast Desert, and Ventura ozone nonattainnent areas must be submitted to the Department with the field fumigation method as specified in section 6624(f) appended to the report. The report must be delivered to the Department according to the date specified in (a) or (b), whichever is applicable. This subsection shall remain in effect only until December 31, 2008.

(e) Effective January 1, 2009, 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.

(f) If the report is mailed, the postmark shall be the date of delivery.

(g) If the county in which 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. 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 on a department form as specified in Section 6627.1 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) 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.

6628. Negative Pesticide Use Reports.

(a) When, during any month, 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, it 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) When, during any month, a licensed structural pest control operator performs no pest control work in a county in which he provided notice of business operation to the commissioner pursuant to Section 15204 of the Food and Agricultural Code, it 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, 12981, 14006 and 14011.5, Food and Agricultural Code.