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State
California Regulations
TITLE 3. FOOD AND AGRICULTURE DIVISION 6. PESTICIDES AND PEST CONTROL OPERATIONS
database is current through 09/29/06, Register 2006, No. 39
s 6000. Definitions.
"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.
"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
"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 ground water 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 ground water.
"Assure" or "Ensure" means to take all reasonable measures so that the behavior, activity, or event in question occurs. When the behavior, activity, or event in question involves or concerns an employee, reasonable measures by an employer include determining that the employee has the knowledge to comply; providing the means to comply; supervising the work activity; and having and enforcing a written workplace disciplinary action policy covering the employer's requirements, as well as other measures required by pesticide law or this division.
"Branch location" means any location, other than the principal place of business, operated by a pesticide dealer or an agricultural pest control business to carry out licensed activities in California.
"Buffer zone" as used in sections 6450, 6450.1, and 6450.2 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 on N-methyl carbamic acid which inhibit cholinesterase.
"Certified commercial applicator" means:
(a) A person holding a valid qualified license issued by the director;
(b) A pilot holding a valid journeyman pest control aircraft pilot's certificate issued by the director;
(c) A person holding a certified technician certificate issued by the Vector Biology and Control Section of the Department of Health Services;
(d) A person holding a valid structural pest control operator or field representative license issued by the Structural Pest Control Board of the Department of Consumer Affairs; and
(e) A person holding a valid qualified applicator certificate by the director.
"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" or "Waterproof" means a material that allows no measurable movement of the pesticide through it during use. When a specific material is specified on pesticide product labeling, personal protective equipment constructed of that material shall be used.
"Chemigation" means the application of pesticides through irrigation systems.
"Closed system" means a procedure for removing a pesticide from its original container, rinsing the emptied container and transferring the pesticide product, mixtures and dilutions and rinse solution through connecting hoses, pipes and couplings that are sufficiently tight to prevent exposure of any person to the pesticide or rinse solution. Rinsing is not required when the pesticide is used without dilution. The system's design and construction shall meet the director's closed system criteria.
"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."
"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 an unnamed 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 Project, One Shields Avenue, Davis, California 95616, 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.
"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.
"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 meets those portions of the requirements in American Society of Agricultural Engineers Standard S-525 (Rev. 5/98) that pertain to dermal protection.
"Enclosed cab acceptable for respiratory protection" means an enclosed cab that incorporates a dust/mist filtering and/or a vapor or gas removing air purification system, as appropriate for the exposure situation. Enclosed cabs certified by the manufacturer as meeting American Society of Agricultural Engineers Standard S-525 (Rev. 5/98) are acceptable under this definition. The Director may, upon request, approve other enclosed cabs as acceptable under this definition.
"Engineered rights-of-way" means areas within a ground water 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 a greenhouse) 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.
"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]).
"Greenhouse" means a structure or space, of sufficient size to permit entry, that is enclosed with a nonporous covering and used in the commercial or research production of an agricultural plant commodity. The term includes, polyhouses, mushroom houses, rhubarb houses and similar structures.
"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
"Ground water protection area" means an area of land that has been determined by the Director to be vulnerable to the movement of pesticides to ground water, as identified in the Department of Pesticide Regulation document EH03-05 (Est. 08/03), hereby incorporated by reference, entitled "Ground Water Protection Areas," in Appendix I. The determination of a ground water protection area is based on factors, such as soil type, climate, and depth to the ground water, that are characteristic of areas where legally applied pesticides or their breakdown products have been detected and verified in ground water.
"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 mixing, loading, transferring, applying (including chemigation), or assisting with the application (including flagging) of pesticides, maintaining, servicing, repairing, cleaning, or handling equipment used in these activities that may contain residues, working with opened (including emptied but not rinsed) containers of pesticides, adjusting, repairing, or removing treatment site coverings, incorporating (mechanical or watered-in) pesticides into the soil, entering a treated area during any application or before the inhalation exposure level listed on pesticide product labeling has been reached or greenhouse ventilation criteria have been met, or 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 listed on pesticide product labeling. Handle does not include local, state, or federal officials performing inspection, sampling, or other similar official duties.
"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.
"Industrial use" means use for or in a manufacturing, mining or chemical process or use in the operation of factories, processing plants, and similar sites.
"Institutional Review Board (IRB)" means an objective committee whose purpose is to review protocols of human pesticide exposure studies to ensure the safety and general welfare of the human participants, and to guarantee that their human rights are not violated. The Institutional Review Board shall meet the requirements as specified in Title 40 Code of Federal Regulations, (Protection of the Environment), Part 26, (Protection of Human Subjects), when conducting a review of a protocol.
"Institutional use" means use within the confines of, or on property necessary for the operation of buildings such as hospitals, schools, libraries, auditoriums and office complexes.
"Leaching ground water protection areas" are sections of land designated as "leaching" in the Department of Pesticide Regulation document EH03-05 (Est. 08/03), hereby incorporated by reference, entitled "Ground Water Protection Areas," where pesticide residues move from the soil surface downward through the soil matrix with percolating water to ground water.
"Medical supervision" means occupational health guidance and necessary associated health evaluation by a physician licensed to practice medicine.
"Net irrigation requirement" is the amount of water needed to bring the soil in the crop root zone to field capacity at the time of irrigation. It can be determined by direct measurements of soil moisture, such as by using tensiometers, or indirect measurements of soil moisture, such as by estimating evapotranspiration that has accumulated since the last irrigation.
"Notice of Intent" means oral or written notification to the commissioner, as specified by the commissioner, prior to the use of a pesticide pursuant to a permit.
"Nursery" means any operation engaged in the outdoor commercial or research production of cut flowers or ornamental cut greens or any plants that will be used in their entirety in another location.
"Operator of the property" means a person who owns the property and/or is legally entitled to possess or use the property through terms of a lease, rental contract, trust, or other management arrangement.
"Organophosphates" means organophosphorus esters which inhibit cholinesterase.
"Person" means any individual, partnership, association, corporation, business entity or organized group of persons whether incorporated or not.
"Personal protective equipment" (PPE) means apparel and devices worn to minimize human body contact with pesticides or pesticide residues that must be provided by an employer and are separate from, or in addition to, work clothing. PPE may include, chemical resistant suits, chemical resistant gloves, chemical resistant footwear, respiratory protection devices, chemical resistant aprons, chemical resistant headgear, protective eyewear, or a coverall (one- or two-piece garment).
"Pest management guides" are manuals prepared by the Department or University of California that include pest management information on specific crops and which have been adopted as a standard by the director.
"Pesticide" means:
(a) any substance or mixture of substances that is a pesticide as defined in the Food and Agricultural Code and includes mixtures and dilutions of pesticides.
(b) as the term is used in Section 12995 of the Food and Agricultural Code, includes any substance or product that the user intends to be used for the pesticidal poison purposes specified in Sections 12753 and 12758 of the Food and Agricultural Code.
"Pesticide exposure study" means
(a) A data gathering project that meets one or more of the following criteria:
(1) Human participants are to be directly exposed to the pesticide for the purpose of determining its pharmacokinetics or pharmacodynamics;
(2) Human participants are monitored and the use of the pesticide is not consistent with current accepted labeling or current regulations;
(3) Humans are exposed as the result of a contrived application in order to monitor exposure without routine pest control being a significant objective;
(4) Human participants are monitored for the purpose of satisfying initial or continuing registration requirements of the U.S. Environmental Protection Agency or the Department; or
(5) Human participants are monitored to develop or contribute knowledge of pesticide exposure to be generalized to other populations.
(b) "Pesticide exposure study" does not include the following:
(1) Data collected for the purpose of satisfying an existing health standard for exposure monitoring or if it is understood that routine monitoring is a condition of employment;
(2) Unscheduled monitoring of persons in response to a medical emergency to identify possible sources of exposure;
(3) Monitoring conducted by a government agency or by an employer, to determine the workplace exposure of his or her employees.
(4) Monitoring requested by an individual or group of individuals to determine personal exposure levels.
(5) The analysis or evaluation, after the human participant involvement has ceased, of existing or previously collected data, documents, records, specimens, or samples, if these sources are publicly available or if the information is recorded by the study director in such a manner that the human participants cannot be identified, directly or through identifiers linked to the participants.
"Pesticide safety information series" means a series of leaflets that summarize health and safety aspects of various pesticides and groups of pesticides.
"Pesticides in toxicity category one" means pesticide products which are required to prominently display the signal word "DANGER" on the label.
"Pesticides in toxicity category two" means pesticide products which are required to prominently display the signal word "WARNING" on the label.
"Private applicator" means:
(a) an individual who uses or supervises the use of a pesticide for the purpose of producing an agricultural commodity on property owned, leased, or rented by him/her or his/her employer; or
(b) a householder who uses or supervises the use of a pesticide, outside the confines of a residential dwelling for the purpose of controlling ornamental, plant or turf pests on residential property owned, leased, or rented by that householder.
"Qualified applicator certificate holder" means a person who has qualified by examination in one or more pest control categories to supervise pesticide applications. However, such qualification shall not entitle the holder to supervise the operations of a pest control business licensed pursuant to section 11701 of the Food and Agricultural Code, except as provided in section 11704.
"Qualified applicator licensee" means a person who has qualified by examination in one or more pest control categories to supervise the pesticide applications made by a pest control business licensed pursuant to sections 11701 to 11709, inclusive, of the Food and Agricultural Code, and who is responsible for safe and legal operations under such license.
"Regularly handle" means that the employee is handling pesticides during any part of the day for more than 6 calendar days in any 30 consecutive day qualifying period beginning on the first day of handling. Any day spent or loading pesticides while exclusively using a closed system or mixing only pesticides sealed in water-soluble packets is not included for any employee who has a baseline blood cholinesterase level established pursuant to section 6728(c)(1).
"Restricted entry interval" (REI) means the period of time after a field is treated with a pesticide during which restrictions on entry are in effect to protect persons from potential exposure to hazardous levels of residues. An REI may be found on pesticide product labeling or in regulation.
"Runoff ground water protection areas" are sections of land designated as "runoff" in the Department of Pesticide Regulation document EH03-05 (Est. 08/03), hereby incorporated by reference, entitled "Ground Water Protection Areas," where pesticide residues are carried in runoff water to more direct routes to ground water such as dry or drainage wells, poorly sealed production wells, or soil cracks, or to areas where leaching can occur.
"Sensitive aquatic site" means any irrigation or drainage ditch, canal, or other body of water in which the presence of dormant insecticides could adversely impact any of the beneficial uses of the waters of the state specified in Water Code section 13050(f).
"Site specific" means a pesticide permit that identifies the specific area to be treated, the size of that area, and the commodity(ies) or site(s) on that area to be treated.
"Solicits services or sales," as used in section 11410 of the Food and Agricultural Code, means sells or offers for sale any pesticide, method, or device outside of a fixed place of business.
"Structural use" means a use requiring a license under chapter 14 (commending with section 8500), division 3 of the Business and Professions Code.
"Study director" means the individual responsible for the overall conduct of a research project.
"Substantial Drift" means the quantity of pesticide outside of the area treated is greater than that which would have resulted had the applicator used due care. This definition is applicable to section 12972 of the Food and Agricultural Code and section 6614 of title 3, California Code of Regulations.
"Time specific" means a pesticide permit that specifies the date the intended application is to commence or permit with a notice of intent requirement. The pesticide use may commence within four days following such date if delays are caused by uncontrollable conditions such as adverse weather or unavailability of equipment. The commissioner shall require a notice of intent from either the grower, the grower's authorized representative, or the pest control business when necessary to make the permit time and site specific.
"Treated field" means a field that has been treated with a pesticide or had a restricted entry interval in effect within the last 30 days. A treated field includes associated roads, paths, ditches, borders, and headlands, if the pesticide was also directed to those areas. A treated field does not include areas inadvertently contaminated by drift or over spray.
"Use" means any pesticide related activity including:
(a) Pre-application activities, including;
(1) Arranging for the application;
(2) Mixing or loading; and
(3) Making necessary preparations for the application, including responsibilities related to notification, handler training, decontamination facilities, use and care of personal protective equipment, medical monitoring and assistance, and heat stress management;
(b) Application of the pesticide;
(c) Post-application activities, including;
(1) Control of the treated area to reduce exposure, including responsibilities for restricted entry intervals, warnings, decontamination facilities, medical assistance, and fieldworker training;
(2) Management of the treated area, crop, or crop by-products, including responsibilities for preharvest intervals and plant back restrictions;
(3) Transportation, storage, and disposal of excess pesticides, spray mix, equipment wash water, and pesticide containers; and
(4) Cleaning of application equipment and other pesticide containing materials.
(d) Use does not include:
(1) Activities where involvement is only incidental to other tasks such as emergency responders providing incident management, commercial transportation of pesticide related waste for disposal or recycling, or a waste disposal or recycling facility accepting or handling these wastes; or
(2) Manufacturing, formulating, or packaging (including bulk repackaging) by a registered pesticide producing establishment.
"Veterinarian" means a person licensed to practice veterinary medicine in California.
"Weed oil" means a pesticide, the label of which states that the product may be used, by itself, to control weeds, and which contains 70% or more of the following active ingredients, petroleum hydrocarbons, mineral oil, petroleum oil, petroleum distillates, and/or aromatic petroleum distillates.
"Work clothing" means garments such as long-sleeved shirts, short-sleeved shirts, long pants, short pants, shoes, and socks. Work clothing is not considered personal protective equipment although pesticide product labeling or regulations may require specific work clothing during some activities. Work clothing differs from and should not be confused with a coverall. While coveralls shall be provided by the employer, work clothing can be required to be provided by the employee. Short sleeved shirts and short pants are considered acceptable work clothing only under conditions expressly permitted by pesticide product labeling.

Note: Authority cited: Sections 11456, 11502, 12111, 12781, 12976, 12981, 13145, 14001 and 14005, Food and Agricultural Code. Reference: Sections 11401.2, 11408, 11410, 11501, 11701, 11702(b), 11704, 11708(a), 12042(f), 12103, 12971, 12972, 12973, 12980, 12981, 13145, 13146 and 14006, Food and Agricultural Code.

s 6000.1. Definitions.

Note: Authority cited: Sections 407, 12976 and 14005, Food and Agricultural Code. Reference: Sections 11501 and 14006, Food and Agricultural Code.

s 6000.2. Definitions.

Note: Authority cited: Sections 407, 12976 and 14005, Food and Agricultural Code. Reference: Sections 11501 and 14006, Food and Agricultural Code.

s 6000.3. Permit System: Definitions.

Note: Authority cited: Sections 407, 12976 and 14005, Food and Agricultural Code. Reference: Sections 11501 and 14006, Food and Agricultural Code.

s 6000.4. Definitions.

Note: Authority cited: Sections 407 and 12981, Food and Agricultural Code. Reference: Sections 12980 and 12981, Food and Agricultural Code.

s 6000.5. Definitions.

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

s 6000.6. Groundwater Protection Definitions.

Note: Authority: Sections 407, 12781, 12976 and 14005, Food and Agricultural Code. Reference: Sections 14005. 14006 and 13145, Food and Agricultural Code.

s 6100. Purpose.
(a) This article provides for the submittal of the pesticide regulatory program to the Secretary of Resources for certification. This article is contingent on certification of the pesticide regulatory program by the Secretary of the Resources Agency and shall expire if and when the pesticide regulatory program is not certified. The submittal for certification under Section 21080.5 of the Public Resources Code provides for environmental review of the pesticide regulatory program which is to be achieved in view of the findings of the Legislature in Section 1, Chapter 308, Statutes 1978, which are as follows:
(1) Agriculture is a major and essential component of California's economy.
(2) The proper, safe, and efficient use of pesticides is essential for the protection and production of agricultural commodities and for health protection.
(3) Timeliness in the application of pesticides is paramount in good pest management and is essential in the prevention of economic waste.
(4) Reasonable environmental review of such pesticide use is prudent and appropriate.
(5) Individual permits to apply pesticides must often be issued on short notice, thereby making impracticable the type of environmental review which would occur if the issuance of such permits was subject to the preparation of an environmental impact report or a negative declaration pursuant to the requirements of Division 13 of the Public Resources Code.
(6) Preparation of environmental impact reports and negative declarations for pesticide permits would be an unreasonable and expensive burden on California agriculture and health protection agencies.
(7) For the purposes of this article any county agricultural commissioner shall be considered a state agency. Under authority of the Food and Agricultural Code, each commissioner shall administer the local enforcement of the pesticide regulatory program under the supervision of the director.
(8) The procedures for governmental review of pesticide recommendations and use shall not unnecessarily burden permit applicants or require such applicants to furnish unnecessary information.
(b) This section and Sections 6122, 6408, 6410, 6422, 6424, 6426, 6428, 6430, 6432, 6434 and 6436 shall expire if and when the department's pesticide regulatory program is not certified pursuant to Section 21080.5 of the Public Resources Code.

Note: Authority cited: Sections 11456, 12781 and 14005, Food and Agricultural Code. Reference: Section 11501, Food and Agricultural Code; and Chapter 308, Statutes of 1978.

s 6102. Severance.
If any provision of division 4, chapter 1 subchapter 2, articles 4, 5, 7, 11 and 20 or division 6, chapter 2, subchapter 4 or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions of the cited articles or application of the articles which can be given effect without the invalid provision or application, and to this end the provisions of the cited articles are severable.

Note: Authority cited: Sections 11456, 12781, 12981 and 14005, Food and Agricultural Code. Reference: Section 11501, Food and Agricultural Code; and Chapter 308, Statutes of 1978.

s 6110. Public Reports.
(a) When the director proposes to amend, adopt, or repeal a standard or regulation of the pesticide regulatory program or is reviewing a county regulation pursuant to Section 11503 of the Food and Agricultural Code, a public report shall be prepared allowing 45 days for the public to review each proposal. The public report shall be posted on the official bulletin boards of the Department, and of each commissioner's office, and in each District office of the Division of Pest Management, Environmental Protection and Worker Safety for 45 days. "Standard," as used in this article, means pest management guidelines, restricted materials hazard chart, pesticide safety information series, and similar documents.
(1) Each public report shall include a summary of the proposal and shall be sent to any person upon written request. In addition, the public agencies to be consulted pursuant to Section 6252 shall be sent a copy of the public report. The director may develop a schedule of actual cost for the reproduction of public reports to be charged to those requesting copies.
(2) Each public report shall describe the activities of the pesticide regulatory program that will be affected by the proposal and a summary of existing statutes related to the proposal.
(3) Each public report shall include a statement of any significant adverse environmental effect that can reasonably be expected to occur, directly or indirectly, from implementing the proposal, and a statement of any reasonable mitigation measures that are available to minimize significant adverse environmental impact.
(4) Each public report shall also contain a statement and discussion of reasonable alternatives which would reduce any significant environmental impact.
(5) The availability of the public report shall be noted in any notices of any proceeding on the proposal.
(b) The evaluation of proposed changes shall follow any hearing or other consultation with the public, and the director shall consider all applicable factors including the following in evaluating the proposal:
(1) The adequacy of the proposal in achieving the purposes of the pesticide regulatory program as provided in Section 11501 of the Food and Agricultural Code.
(2) The consistency of the proposal with the intent and provisions of Section 21080.5 of the Public Resources Code.

Note: Authority cited: Sections 11456, 12781 and 14005, Food and Agricultural Code. Reference: Section 21080.5, Public Resources Code; and Sections 11501 and 11503, Food and Agricultural Code.


s 6116. Notice of Final Decision.
(a) (1) The final action taken regarding a standard or regulation in which a significant adverse environmental point was raised during the evaluation process shall include a written evaluation of such points approved by the director.
(2) The director shall not adopt a standard or regulation which would cause a significant adverse environmental impact if there is a feasible alternative or feasible mitigation measure available which would substantially lessen any significant adverse impact which implementation of the proposal may reasonably be expected to have on the environment.
(b) After adopting a standard or regulation affecting the pesticide regulatory program, the director shall file a Notice of Decision with the Secretary of the Resources Agency for posting. The notice shall be available for public inspection, and remain posted for a period of 30 days at the Resources Agency.

Note: Authority cited: Sections 11456, 12781, 12981 and 14005, Food and Agricultural Code. Reference: Section 11501, Food and Agricultural Code.

s 6118. Emergency Actions.
The director shall prepare a public report on proposed emergency standards or regulations relative to the pesticide regulatory program. Insofar as possible, each report shall be available in advance of the emergency adoption of proposed standards or regulations. Comments from the general public and public agencies shall be solicited pursuant to the Administrative Procedure Act.

Note: Authority cited: Sections 11456, 12781 and 14005, Food and Agricultural Code. Reference: Section 14103, Food and Agricultural Code; and Chapter 308, Statutes of 1978.

6122. Commissioner Consultation.
(a) At least quarterly and when notified by a responsible public agency of a violation of an applicable environmental standard, each commissioner shall consult with public agencies that have jurisdiction by law with respect to resources that may be affected by use of pesticides in the county. Such public agencies include, but are not limited to, agencies that are concerned with public and occupational health, air and water quality, fish and wildlife.
The consultation shall include the identification of past or potential problems associated with the use of pesticides, appropriate alternatives and mitigation measures, and appropriate permit conditions which substantially reduce any problem.
(b) The commissioner shall consult with the County Farm Advisor or other knowledgeable persons during critical pest control seasons in order to keep abreast of current pest conditions in the county. Such consultation shall be utilized to establish information to assist the evaluation of permit applications and notices of intent to apply a pesticide.

Note: Authority cited: Sections 11456, 12781, 12981 and 14005, Food and Agricultural Code. Reference: Section 11501, Food and Agricultural Code; and Chapter 308, Statutes of 1978.

s 6130. Civil Penalty Actions by Commissioners.
(a) When taking civil penalty action pursuant to section 12999.5 of the Food and Agricultural Code, county agricultural commissioners shall use the provisions of this section to determine the violation class and the fine amount.
(1) For purposes of this section, violations shall be designated as "Class A," "Class B," and "Class C."
(A) Class A: Violations which created an actual health or environmental hazard, violations of a lawful order of the commissioner issued pursuant to sections 11737, 11737.5, 11896, or 11897 of the Food and Agricultural Code, or violations that are repeat Class B violations. The fine range for Class A violations is $700-$5,000.
(B) Class B: Violations which posed a reasonable possibility of creating a health or environmental effect or violations that are repeat Class C violations. The fine range for Class B violations is $250-$1,000.
(C) Class C: Violations that are not defined in either Class A or Class B. The fine range for Class C violations is $50-$400.
(2) The currently alleged violation shall be considered a repeat violation if the following criteria are met:
(A) The person against whom the civil penalty action is proposed had a prior violation that was, or would have been, in the same class as the currently alleged violation; and
(B) A civil penalty was levied for the prior violation within two years of the date of the Notice of Proposed Action by the county proposing the current action.
(3) The person charged with a violation(s) shall be notified of the proposed fine action, including the amount of the proposed fine(s). When a penalty is proposed resulting in a repeat violation, the Notice of Proposed Action shall identify the prior violation and the record of the proceedings shall include a copy of the decision regarding that prior violation. The commissioner shall send a copy of the notice to the Department at the same time the notice is provided to the person charged with a violation(s).
(4) If the person against whom the commissioner levied a fine requested and appeared at the hearing offered by the commissioner, the commissioner's decision shall include information concerning the person's right to appeal the commissioner's decision to the Director.
(5) The Department, on at least an annual basis, shall inform commissioners of violations for which fines have been levied.
(b) When acting pursuant to Food and Agricultural Code section 12999.5 or Business and Professions Code section 8617, an agricultural commissioner may bring an action against an employed person who failed to utilize personal protective equipment or other safety equipment as required by section 6702(c) provided the commissioner determines that all of the following conditions are met:
(1) The employed person is licensed or certified pursuant to Chapter 14, Division 3, of the Business and Professions Code; Chapters 5 or 8, Division 6, of the Food and Agricultural Code; or Chapters 3.4 or 3.6, Division 7, of the Food and Agricultural Code;
(2) The employer provided the equipment to the licensee or certificate holder and the equipment was available at the work site in a condition that would have provided the safety or protection intended by the equipment;
(3) The employer, through its written workplace disciplinary action policy, required the licensee or certificate holder to utilize the equipment;
(4) The employer has complied with applicable training requirements of this Division prior to the time the licensee or certificate holder failed to utilize the equipment;
(5) The employer supervised the licensee or certificate holder to assure that the equipment was properly used by the licensee; and
(6) At the time of the licensee's or certificate holder's failure to utilize the equipment, the licensee or certificate holder has knowledge of the discipline that could be imposed under the employer's written workplace disciplinary action policy for failure to utilize the equipment.

Note: Authority cited: Sections 12781, 12976, 12981 and 15203, Food and Agricultural Code. Reference: Sections 11892, 12973, 12997, 12999.5 and 15202, Food and Agricultural Code.

s 6140. Inspection Authority.
(a) The director or commissioner may, during business hours, or if necessary to ensure immediate compliance, at any other reasonable time enter and inspect, and/or sample any of the following or related items in order to determine compliance with the provisions of this chapter and Divisions 6 and 7 of the Food and Agricultural Code, which pertain to pesticides and pest control operations.
(1) Fields, areas, structures, and greenhouses where pesticides are handled, stored or applied;
(2) Growing crops and harvested commodities;
(3) Equipment (including protective clothing and equipment) used to store, transport or handle pesticides;
(4) Change areas and other facilities used by employees; and
(5) Pesticides and tank mixtures thereof.
(b) Each person responsible, pursuant to the provisions of this chapter and Division 6 and 7 of the Food and Agricultural Code which pertain to pesticides and pest control operations, for preparing and maintaining records shall make those records available to the Director or commissioner during business hours upon demand of the Director or commissioner. The required records include:
(1) records concerning work hours, training and medical monitoring of employees;
(2) pest control recommendations and pesticide use and operations records; and
(3) pesticide transaction, sales and delivery records.

Note: Authority cited: Sections 11456 and 12981, Food and Agricultural Code. Reference: Sections 11456, 12980 and 12981, Food and Agricultural Code.

s 6141. Employee Interviews.
The director or commissioner may confidentially interview any employee during work hours when reasonably necessary for an investigation of employee illness(s) suspected of having been caused by a pesticide or to investigate a suspected pesticide related safety violation.

Note: Authority cited: Sections 11456 and 12981, Food and Agricultural Code. Reference: Sections 11456, 12980 and 12981, Food and Agricultural Code.

s 6142. Sunset Review of Regulations.
(a) The Director shall review all regulations in Division 6 of Title 3 on a five-year cycle according to the following schedule:
(1) Year one (commencing in 2000 and repeated every five years thereafter):
Chapter 1. Pesticide Regulatory Program, and Chapter 2. Pesticides, Subchapter 1;
(2) Year two: (commencing in 2001 and repeated every five years thereafter):
Chapter 2. Pesticides, Subchapters 2, 3, 4, and 5;
(3) Year three: (commencing in 2002 and repeated every five years thereafter):
Chapter 3. Pest Control Operations, Subchapters 1 and 2;
(4) Year four: (commencing in 2003 and repeated every five years thereafter):
Chapter 3. Pest Control Operations, Subchapter 3;
(5) Year five: (commencing in 2004 and repeated every five years thereafter):
Chapter 4. Environmental Protection.
(b) When determining whether a reviewed regulation should be retained, revised, or repealed, the Director will consult with the Secretary for Environmental Protection.

Note: Authority cited: Section 11456, Food and Agricultural Code. Reference: Section 11456, Food and Agricultural Code.

s 6145. Intended to Be Used.
A substance is considered to be "intended to be used," as the phrase is used in Sections 12753 and 12758 of the Food and Agricultural Code, and thus be a pesticide requiring registration, when:
(a) A person who distributes or sells the substance claims, states, or implies, by labeling or otherwise, that:
(1) the substance, either by itself or in combination with any other substance, can or should be used as a pesticide; or
(2) the substance consists of or contains an active ingredient and can be used to manufacture a pesticide; or
(b) A person who distributes or sells the substance has actual or constructive knowledge that the substance will be used, or is intended by the user to be used, as a pesticide; or
(c) The substance consists of or contains one or more active ingredients and has no significant commercially valuable use as distributed or sold other than:
(1) use as a pesticide, by itself or in combination with any other substance; or
(2) use in the manufacture of a pesticide.

Note: Authority cited: Section 12781, Food and Agricultural Code. Reference: Sections 12753 and 12758, Food and Agricultural Code.Authority cited: Section 12781, Food and Agricultural Code. Reference: Sections 12753 and 12758, Food and Agricultural Code.

s 6146. Liquid Chemical Sterilants.
(a) For purposes of this section, a "critical medical device" is any device that is introduced directly into the human body, either into or in contact with the bloodstream or normally sterile areas of the body, and a "semicritical medical device" is any device that contacts intact mucous membranes but which does not ordinarily penetrate the blood barrier or otherwise enter normally sterile areas of the body.
(b) Manufacturers of, importers of, and dealers in liquid chemical sterilant products (including any such products with subordinate disinfectant claims) intended for use on critical or semicritical medical devices (as device is defined in section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. sec. 321), are exempt from the requirements of Division 7 of the Food and Agricultural Code, providing the following criteria are met:
(1) The product is not included in the federal definition of a pesticide under subdivision (u) of section 2 of the Federal Insecticide, Fungicide, and Rodenticide Act [7 U.S.C. sec. 136(u)].
(2) The product has premarket clearance from the Federal Food and Drug Administration under section 510(k) of the Federal Food, Drug, and Cosmetic Act [21 U.S.C. sec. 360(k)].
(3) The product does not include ethylene oxide as an active ingredient.
(c) Whenever the manufacturer of, importer of, or dealer in any exempted liquid chemical sterilant has factual or scientific information of any adverse effect or risk to human health or the environment that has not previously been submitted to the department, the manufacturer, importer, or dealer shall report the information to the department within 60 days of learning of the information.
(d) Physicians, surgeons, and local health officers remain subject to the illness reporting requirements of Health and Safety Code section 105200 with regard to exempted liquid chemical sterilants.

Note: Authority cited: Section 12804, Food and Agricultural Code. Reference: Section 12804, Food and Agricultural Code.

s 6147. Exempted Pesticide Products.
(a) Manufacturers of, importers of, and dealers in the following pesticide products or classes of pesticide products are exempt from the requirements of Division 7 of the Food and Agricultural Code, provided the pesticide products are exempt pursuant to section 25(b)(2) of the Federal Insecticide, Fungicide, and Rodenticide Act [7U.S.C. sec. 136w(b)(2)]: (continued)