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(continued)
(3) Government Code Section 11520. If the registrant does not requests a hearing within 30 days after receiving the Notice of Intent to Suspend, the suspension takes effect automatically.
(b) The final decision of the Administrative Law Judge in any suspension action under the above-cited Food and Agricultural sections shall be issued at the earliest possible time.
Note: Authority cited: Sections 12781, 13127 and 13146, Food Agricultural Code. Reference: Sections 13127, 13127.2, 13127.6, 13127.91 and 13127.92, Food and Agricultural Code.
s 6197. Applicability of Section 6196 to Data Obtained Pursuant to Food and Agricultural Code Section 12824.
(a) Data protection and compensation otherwise applicable to the adoption of federal authority by Section 6196 does not apply to situations described in subsection (d)(1) of Section 13127 and subsection (d) of Section 13146 of the Food and Agricultural Code in which the director obtains data and makes assessments on registrants for the costs thereof pursuant to Section 12824 of the Food and Agricultural Code.
(b) The director will determine in each matter under subsection (a) the appropriate means of making and collecting the assessments. The amount of the assessment shall be the total cost to the Department to obtain the data less any appropriation the director may have requested, provided such appropriation will be received by the Department. The assessments shall be charged to the registrants of an active ingredient for which data gaps exist in proportion to the total amount of the registrant's pesticide products containing the active ingredient which the registrant reported sold pursuant to Section 6388 for the most current year prior to the assessment for which such records are available. The assessments will be collected before the director initiates the required tests.
(c) The adoption of federal authority pursuant to Section 6196 does not affect the director's authority to suspend or cancel registrations for failure of registrants to submit data, or comply with assessment orders made pursuant to Food and Agricultural Code Section 12824, either separately or in conjunction with other authority.
Note: Authority cited: Sections 12781, 13127 and 13146, Food and Agricultural Code. Reference: Sections 13127 and 13143, Food and Agricultural Code.
s 6197.5. Assessment of Pesticide Registrants.
(a) Notice of a proposed assessment made pursuant to Food and Agricultural Code Section 13127(d) shall be given to each registrant of the active ingredient for which the data gap(s) exist(s) except those granted an exemption pursuant to Food and Agricultural Code Section 13128, and to each legislative committee which, during the previous and current year, considered legislation involving pesticides. Written comments on the proposed assessment will be accepted for 30 days. After the 30 days, if the director orders the assessment, notice thereof shall also be given to each such registrant and committee.
(b) The notice of proposed assessment and the assessment order shall contain the findings of the director as to each of the following:
(1) The active ingredient involved;
(2) A list of the specific studies for which there are data gaps;
(3) The reasons for requiring the assessment to obtain data;
(4) The total estimated cost of all of the required studies and the estimated cost of each individual study;
(5) The legislative appropriation, if any, authorized to be used to reduce the assessment to registrants and the balance remaining after application of any such appropriation; and
(6) Each registrant and its proportional share of the total assessment based upon its reported sales for the most current year prior to the assessment for which such records are available as determined pursuant to Section 6197(b). Registrants that did not report any sales will be assessed the same amount as the registrant(s) reporting the least amount of sales, but not to exceed ten percent (10%) of the total assessment. If no sales were reported by any registrant, the total assessment will be divided equally among the registrants of the active ingredient involved.
(c) The assessment order shall provide that, within 30 days of the date of the assessment order notice:
(1) an affected individual registrant may, in lieu of payment, surrender its registration of all products containing the active ingredient which is the subject of the assessment; and
(2) any individual registrant may, in lieu of payment, file with the director an agreement signed by another California or a United States Environmental Protection Agency registrant of the same active ingredient to pay the individual registrant's assessment.
(d) As soon as practicable after determining the voluntary surrenders, if any, as provided in subsection (c)(1), the director shall recalculate the percentage of costs to the remaining registrants and provide notice of the recalculated assessments, or provide notice that there were no voluntary surrenders and that the assessments are those specified in the assessment order.
(e) After 30 days of the issuance of the notice provided in subsection (d), the director may order the suspension of the registration of products containing the active ingredient of any registrant that fails to pay, or fails to have the registrant who signed the agreement as provided in subsection (c)(2) pay, its assessment. The suspension order shall order the registrant to discontinue sales of such products to distributorships/dealers within California.
(f) After 90 days of the issuance of the notice provided in subsection (d), the director may take the action specified in subsection (e) against all registrations of products containing the active ingredient, except for the products of registrants excluded pursuant to Section 13128 of the Food and Agricultural Code, if the total amount of the assessment has not been paid to the director or funds have not been made available from other sources to conduct the required studies.
(g) If the original assessment did not provide adequate funds to complete the work being funded, the director may order a supplemental assessment or assessments to provide such necessary additional funds. Notice of the supplemental assessment order shall be given to each registrant, person and committee identified in subsection (a) and include: (1) the additional total amount needed for completion of the studies, (2) any legislative appropriation available, to be used to reduce the supplemental assessment, and (3) each registrant's apportionment based upon its proportional share of the original assessment. The provisions of subsections (c), (d), (e) and (f) will apply to supplemental assessment orders.
(h) Any registrant that has surrendered its registration or had its registration suspended pursuant to the provisions of this section, or its successors in interest to surrendered or suspended products, shall not be allowed to register or sell any products containing the active ingredient which was subject to assessment unless the studies have been initiated and/or the data gaps filled and the registrant, or its successor in interest, complies with the following procedure:
(1) Within 60 days of its application for registration, the applicant/registrant shall submit to the director a statement, signed by each registrant that paid all or a share of the applicable assessment, stating that the registrant has no objection to such product registration; or
(2) present to the director an order of a court of competent jurisdiction determining that the applicant/registrant is entitled to registration based upon the payment, or offer of payment, of reasonable compensation to concerned registrants, or upon such other basis as the court may deem appropriate; or
(3) pays the assessment owed at the time it surrendered its registration or had its registration suspended.
(i) Monies received in excess of the total cost of obtaining the studies will be returned to registrants in proportion to each registrant's paid share of the total assessment.
Note: Authority cited: Sections 11456, 12781, 13127 and 13146, Food and Agricultural Code. Reference: Sections 13127 and 13146, Food and Agricultural Code.
s 6198. Determination of Critical Need.
Pursuant to Food and Agricultural Code Section 13146(d), the determination of whether an active ingredient or pesticide is "critical to agricultural production" shall be based upon, but is not limited to, the following factors:
(1) Loss of the active ingredient or pesticide could prevent the commercial production of an agricultural crop.
(2) No other effective active ingredients or other alternative methods are available for the same use(s).
(3) Loss of the active ingredient or pesticide could result in the introduction or dissemination of a pest new or not theretofore known to be widely prevalent or distributed within and throughout California.
(4) Loss of the active ingredient or pesticide could cause a health hazard to animals such as livestock, horses, cattle, sheep, goats, canines and furbearing animals.
(5) Loss of the active ingredient or pesticide could cause hardship on California's agricultural industry.
Note: Authority cited: Sections 12781 and 13146, Food and Agricultural Code. Reference: Sections 13143 and 13146, Food and Agricultural Code.
s 6198.5. List of Active Ingredients Identified Pursuant to Section 13127 of the Food and Agricultural Code.
(a) Section 13127(a) of the Food and Agricultural Code requires the Department to identify 200 active ingredients which the Department determines have the most significant data gaps, widespread use, and which are suspected to be hazardous to people. The active ingredients are listed below in alphabetical order:
1. Acephate
2. Acrolein
3. Alachlor
4. Aldicarb
5. Aldrin
6. Alkyl (50A4, 40A2, 10A6) Dimethyl Benzyl Ammonium Chloride
7. Allethrin
8. (Reserved)
9. Amitraz
10. Amitrole
11. Arsenic Pentoxide
12. Arsenic Trioxide
13. Asulam, Sodium Salt
14. Atrazine
15. Azinphos-Methyl
16. Barban
17. Bendiocarb
18. Benomyl
19. Bentazon, Sodium Salt
20. Boric Acid
21. Bromacil
22. Bromoxynil Octanoate
23. Captafol
24. Captan
25. Carbaryl
26. Carbofuran
27. Carbon Tetrachloride
28. Carboxin
29. Chloramben
30. Chlordane
31. Chlordimeform
32. Chlorflurenol, Methyl Ester
33. (Reserved)
34. Chlorobenzilate
35. Chloroneb
36. Ortho-Benzyl-Para-Chlorophenol
37. Chloropicrin
38. Chlorothalonil
39. Chlorpyrifos
40. Chlorsulfuron
41. Chlorthal-Dimethyl
42. (Reserved)
43. Coumaphos
44. Creosote
45. Cryolite
46. Cyanazine
47. Cyanuric Acid, Monosodium Salt
48. Cycloate
49. Cyhexatin
50. 2,4-D
51. 2,4-D, Dimethylamine Salt
52. Daminozide
53. DDVP
54. Deet
55. Demeton
56. Diazinon
57. Dicamba
58. Diclobenil
59. Para-Dichlorobenzene
60. 1,2-Dichloropropane, 1,3-Dichloropropene and Related C-3 Compounds
61. 1,3 Dichloropropene
62. Diclofop Methyl
63. Dicofol
64. Didecyl Dimethyl Ammonium Chloride
65. Diethatyl-Ethyl
66. Dimethoate
67. Dimethylphthalate
68. 2,4-Dinitrophenol
69. Dinocap
70. Dinoseb
71. Dioxathion
72. Diphacinone
73. Diphenamid
74. Diphenylamine
75. Dipropyl Isocinchomeronate
76. Diquat Dibromide
77. Diuron
78. Endosulfan
79. Endothall, Mono (N,N-Dimethylalkylamine) Salt
80. Endrin
81. EPN
82. EPTC
83. Ethalfluralin
84. Ethephon
85. Ethofumesate
86. Ethoprop
87. (Reserved)
88. Ethylene Dibromide
89. Ethylene Dihloride
90. Ethylene Glycol, Monomethyl Ether
91. Ethylene Oxide
92. Fenamiphos
93. Fenarimol
94. Fensulfothion
95. Fenthion
96. Ferbam
97. Fluchloralin
98. Flucythrinate
99. Fluometuron
100. Fluvalinate
101. Folpet
102. Formaldehyde
103. Fosamine, Ammonium Salt
104. Glyphosate, Isopropylamine Salt
105. Heptachlor
106. (Reserved)
107. Imazalil
108. Iprodione
109. (Reserved)
110. Lindane
111. Linuron
112. Lithium Hypochlorite
113. Malathion
114. Maleic Hydrazide, Diethamolamine Salt
115. Maleic Hydrazide, Potassium Salt
116. Mancozeb
117. Maneb
118. Mefluidide, Diethanolamine Salt
119. Metaldehyde
120. Metam-Sodium
121. Methidathion
122. Methomyl
123. Methyl Bromide
124. Methylene Chloride
125. Methylenebis (Thiocyanate)
126. Methyl Parathion
127. Metolachlor
128. Metribuzin
129. Mevinphos
130. Molinate
131. Monocrotophos
132. MSMA
133. Naled
134. Naphthalene
135. Napropamide
136. Naptalam, Sodium Salt
137. Nitrapyrin
138. Norflurazon
139. Octylbicycloheptene Dicarboximide
140. Oryzalin
141. Oxadiazon
142. Oxamyl
143. Oxycarboxin
144. Oxyfluorfen
145. Oxythioquinox
146. Paraquat Dichloride
147. Parathion
148. PCNB
149. PCP
150. Pebulate
151. Pendimethalin
152. Permethrin
153. Petroleum Distillate, Aromatic
154. Phenothrin
155. Ortho-Phenylphenol
156. Phorate
157. Phosalone
158. Phosmet
159. Phosphamidon
160. (Reserved)
161. Picloram
162. Pine Oil
163. Piperonyl Butoxide, Technical
164. PMA
165. Prometryn
166. Propamocarb
167. Propargite
168. Propetamphos
169. Propoxur
170. Propyzamide
171. Pyrethrins
172. Resmethrin
173. Rotenone
174. Simazine
175. Sodium Arsenite
176. (Reserved)
177. Sulfur Dioxide
178. Sulfuryl Fluoride
179. Terbacil
180. Terrazole
181. Tetrachlorophenol
182. Tetrachlorvinphos
183. Tetramethrin
184. Thiabendazole, Hypophosphite Salt
185. Thiobencarb
186. Thiophanate-Methyl
187. Thiram
188. Toxaphene
189. Triadimefon
190. S,S,S-Tributylphosphorotrithioate
191. Tributyltin Benzoate
192. Tributyltin Oxide
193. Trichlorophon
194. Trichloro-S-Triazinetrione
195. Triclopyr
196. Trifluralin
197. Triforine
198. Vernolate
199. Vinclozolin
200. Ziram
(b) The Director has determined that certain of the active ingredients listed in subsection (a) are chemically and toxicologically similar to other active ingredients registered by the Department. Such similar active ingredients have been placed into groups. Completion of the mandatory health effects studies, required pursuant to Section 13127 of the Food and Agricultural Code, for an active ingredient listed in the group will satisfy the data requirements for all of the active ingredients in the group, unless adverse effects reported pursuant to Section 6210 indicate that the mandatory health effects studies should be completed for other active ingredients within the group. In addition, copies of the mandatory health effects studies submitted to the United States Environmental Protection Agency for any of the active ingredients listed below shall also be submitted by the registrant to the Department. The groups are listed below, and the active ingredient(s) listed in subsection (a) have an * after their name:
1. Alkyl (50A4, 40A2, 10A6) Dimethyl Benzyl Ammonium Chloride *
Alkyl (60A4, 30A6, 5A2, 5A8) Dimethyl Benzyl Ammonium Chloride
Alkyl (25A2, 60A4, 15A6) Dimethyl Benzyl Ammonium Chloride
Alkyl (47A2, 18A4, 10A8, 10A6, 15H-C10) Dimethyl Benzyl Ammonium Chloride
Alkyl (50A2, 30A4, 17A6, 3A8) Dimethyl Benzyl Ammonium Chloride
Alkyl (58A4, 28A6, 14A2) MACASK 0 T Dimethyl Benzyl Ammonium Chloride
Alkyl (61A2, 23A4, 11A6, 5H-C10-C18) Dimethyl Benzyl Ammonium Chloride
Alkyl (65A2, 25A4, 10A6) Dimethyl Benzyl Ammonium Chloride
Alkyl (67A2, 25A4, 7A6, 1H, C8, C10, C18) Dimethyl Benzyl Ammonium Chloride
Alkyl (90A4, 5A2, 5A6) Dimethyl Benzyl Ammonium Chloride
Alkyl (93A4, 4A2, 3A6) Dimethyl Benzyl Ammonium Chloride
Roccal-R (61% 12, 23A4, 11A6, 5A8) Tetradecyldimethylbenzyl Ammonium Chloride
2. Aluminum Phosphide *
Magnesium Phosphide
Zinc Phosphide
3. Boric Acid *
Boric Oxide
Borax
Sodium Metaborate
Disodium Octaborate Tetrahydrate
Sodium Tetraborate (Pentahydrate)
4. Bromacil *
Bromacil, Dimethylamine Salt
Bromacil, Lithium Salt
Bromacil, Sodium Salt
5. Bromoxynil Octanoate *
Bromoxynil, Butyric Acid Ester
6. Chloramben *
Chloramben, Ammonium Salt
7. Chlordimeform *
Chloridimeform Hydrochloride
8. Ortho-Benzyl-Para-Chlorophenol *
Ortho-Benzyl-Para-Chlorophenol, Potassium Salt
Ortho-Benzyl-Para-Chlorophenol, Sodium Salt
9. Copper Hydroxide *
Copper Sulfate (Anhydrous)
Copper Sulfate (Pentahydrate)
Copper Copper Ammonium Carbonate
Copper Bronze Powder
Copper Carbonate, Basic
Copper Oxide
Copper Oxychloride
Copper Oxychloride Sulfate
Copper-Sulfate (Basic)
Copper-Zinc Sulfate Complex
Cupric Oxide
10. Cyanuric Acid, Monosodium Salt *
Trichloro-S-Triazinetrione *
Dichloro-S-Triazinetrione
Sodium Dichloro-S-Triazinetrione
Sodium Dichloro-S-Triazinetrione (Dihydrate)
11. 2,4-D *
2,4-D, Dimethylamine Salt *
2,4-D, Alkanolamine Salts (Ethanol and Isopropanol Amines)
2,4-D, Butoxyethanol Ester
2,4-D, Butoxypropyl Ester
2,4-D, Butyl Ester
2,4-D, Diethanolamine Salt
2,4-D, Diethylamine Salt
2,4-D, N, N-Dimethyloleyl-Linoleylamine Salt
2,4-D, Dodecylamine Salt
2,4-D, 2-Ethylhexyl Ester
2,4-D, Isoocytl Ester
2,4-D, Isopropyl Ester
2,4-D, Morpholine Salt
2,4-D, Octyl Ester
2,4-D, N-oleyl-1, 3-Propylenediamine Salt
2,4-D, Propyl Ester
2,4-D, Propylenegylcolbutylether Ester
2,4-D, Sodium Salt
2,4-D, Tetradecylamine Salt
2,4-D, Triethylamine Salt
2,4-D, Triisopropylamine Salt
12. Dicamba *
Dicamba, Diethanolamine Salt
Dicamba, Dimethylamine Salt
Dicamba, Monoethanolamine Salt
13. Didecyl Dimethyl Ammonium Chloride *
Dioctyl Dimethyl Ammonium Chloride
Octyl Decyl Dimethyl Ammonium Chloride
Octyl Dodecyl Dimethyl Ammonium Chloride
14. Dinoseb *
Dinoseb, Amine Salt
Dinoseb, Ammonium Salt
Dinoseb Sodium Salt
Dinoseb, Triethanolamine Salt
15. Diphacinone *
Diphacinone, Sodium Salt
16. Endothall, Mono (N, N-Dimethylalkylmine) Salt *
Endothall
Endothall, Mono (N, N-Diethylalkylamine) Salt
Endothall, Dipotassium Salt
17. Lithium Hypochlorite *
Calcium Hypochlorite
Sodium Hypochlorite
18. Maleic Hydrazide, Diethanolamine Salt *
Maleic Hydrazide, Potassium Salt *
Maleic Hydrazide
19. [Reserved.]
20. MSMA *
DSMA
21. Paraquat Dichloride *
Paraquat Bis (Methylsulfate)
22. PCP *
PCP, Potassium Salt
PCP, Sodium Salt
23. Petroleum Distillate, Aromatic *
Kerosene
Petroleum Oil, Paraffin Based
Isoparaffinic Hydrocarbons
Petroleum Derivative Resin
Petroleum Distillates
Petroleum Distillates, Refined
Petroleum Hydrocarbons
Petroleum Naphthenic Oils
Petroleum Oil, Unclassified
Petroleum, Unrefined
24. Ortho-Phenylphenol *
Ortho-Phenylphenol, Ammonium Salt
Ortho-Phenylphenol, Potassium Salt
Ortho-Phenylphenol, Sodium Salt
25. Picloram *
Picloram, Triisopropanolamine Salt
26. PMA *
Phenylmercuric Oleate
27. Pyrethrins *
Pyrethrum Narc
28. Tetrachlorophenol *
2,3,4,6-Tetrachlorophenol, Potassium Salt
Tetrachlorophenol, Sodium Salt
29. Thiabendazole, Hypophosphite Salt *
Thiabendazole
30. Thiophanate-Methyl *
Thiophanate
31. Tributyltin Benzoate *
Tributyltin Oxide *
Tributyltin Methacrylate
Bis (Tributyltin) Adipate
Tributyltin Acetate Tributyltin Chloride
Tributyltin Chloride Complex of Ethylene Oxide Condensate of Abietylamine
Tributyltin Fluoride
Tri-N-Butyltin Maleate
Tributyltin Monopropylene Glycol Maleate
Tributyltin Neodecanate
Tributyltin Resinate
Note: Authority cited: Section 12781, Food and Agricultural Code. Reference: Section 13127, Food and Agricultural Code.
s 6199. Fines for Ground Water Protection Data Gaps.
Note: Authority cited: Sections 407, 12781, 13145 and 13146, Food and Agricultural Code. Reference: Sections 13143 and 13145, Food and Agricultural Code.
s 6199.5. Assessment of Pesticide Registrants (The Pesticide Contamination Prevention Act, Sections 13141-13152 Food and Agricultural Code).
Note: Authority cited: Sections 407, 12781 and 13146, Food and Agricultural Code. Reference: Section 13146, Food and Agricultural Code.
s 6199.7. Submission of Groundwater Protection Data On Specified Ingredients and Degradation Products.
Note: Authority cited: Sections 407 and 12781, Food and Agricultural Code. Reference: Sections 13143 and 13145, Food and Agricultural Code.
s 6200. Conditional Registration.
The director may waive specific data requirements in this subchapter for a period reasonably sufficient, not to exceed three years, for the generation and submission of such required data provided:
(a) The pesticide product is registered pursuant to the Federal Insecticide, Fungicide and Rodenticide Act, the product is to be used under a Federal Experimental Use Permit, or the product is for use in California only.
(b) The applicant has provided the director with all data the applicant has available required by the U.S. EPA and by this subchapter to support registration of the pesticide product.
(c) No conditional registration shall be granted unless the data includes all of the following:
(1) Acute oral and dermal LD 50 data on the product.
(2) Acute LC 50 data on products which produce respirable aerosols or gases.
(3) Primary eye and skin irritation data on the product.
(4) When human contact is likely with soils or foliage containing residues, foliar and soil residue data as specified in Sections 6181 and 6182, sufficient to establish safe reentry level or interval.
(5) Analytical methods to determine residues of (1) each active ingredient and (2) each toxic metabolite that may result from the active ingredient for which a tolerance has been established by the U.S. EPA in the Code of the Federal Regulations. Test methods shall, as applicable, allow the director to determine residues in or on plant tissue, soil, and water.
(6) Preliminary efficacy data indicating the product is effective for the proposed use.
(d) The director complies with Section 6158.
(e) That each item of data waived is for a specified period.
Such period shall be no more than necessary for the applicant using good faith efforts to develop the information required by Sections 6176-6179, 6180(a), 6181-6183.
(f) The director makes a written finding, supported by substantial evidence, that the use of the pesticide during the periods while data are being developed, is not expected to cause any significant adverse effect on the environment, that a clear need for the use of the product in California exists while the data is being developed, and that specified benefits of using the pesticide outweigh specified risks to human health and the environment.
(g) The director requires the use of the best pest control methods and technology available including, but not limited to, methods of application to protect human health and the environment, and limitations to mitigate adverse effects to nontarget organisms or areas.
(h) Each registrant be required to submit a report to the director annually (with product renewal application if such a waiver extends over January 1 of any year) and whenever specifically requested by the director, detailing progress made towards development of each item of the waived data.
(i) Where the application is for a pesticide product containing a new active ingredient, the applicant has provided the director with the following data in addition to the data required by section 6200(c), (1)-(6) when required by the U.S. EPA to support the full unconditional registration of the product pursuant to Section 3 of the Federal Insecticide, Fungicide and Rodenticide Act and when specifically requested by the director:
(1) Results of a two-year feeding study on oncogenicity on active ingredients in at least one animal species.
(2) Results of a teratogenicity study and one generation of a two-generation combined male-female reproductive study on active ingredients.
(3) Results of three mutagenicity studies on active ingredients that detect gene mutations, chromosomal aberrations, and DNA damage/repair.
(4) Data to support medical management of poisoning or injury.
Note: Authority cited: Sections 11456 and 12781, Food and Agricultural Code. Reference: Sections 11501 and 12824-12825, Food and Agricultural Code.
s 6205. Deodorizer or Cleansing Agent.
A product claimed, represented and intended solely as a deodorizer or deodorant, or as a cleansing agent, is not considered to be a pesticide.
Note: Authority cited: Section 12781, Food and Agricultural Code. Reference: Sections 12753 and 12801, Food and Agricultural Code.
s 6206. Section 18 Exemptions.
The director may apply to the U.S. EPA for a Section 18 exemption, pursuant to the Federal Insecticide, Fungicide and Rodenticide Act, when he or she determines that a specific public health quarantine or crisis emergency exists that requires the use of an unregistered pesticide and there is no feasible alternative to the exemption. In the case of Section 18 exemptions, the director may waive the data requirements in this subchapter, but shall require the utilization of the best pest control methods and technology available including, but not limited to, pest population monitoring, a determination of treatment thresholds, methods of application to protect human health and the environment, and limitations to mitigate adverse effects to nontarget organisms.
Note: Authority cited: Sections 11456, 12781 and 12824, Food and Agricultural Code. Reference: Sections 11501 and 12751-13102, Food and Agricultural Code.
s 6210. Adverse Effect Disclosure.
(a) If, during the registration process or at any time after the registration of a pesticide, the registrant has factual or scientific evidence of any adverse effect or risk of the pesticide to human health or the environment (including ambient air quality), the registrant shall immediately submit such evidence to the director. All such information including, but not limited to that required under Section 6(a)(2) of the Federal Insecticide, Fungicide and Rodenticide Act, shall be submitted to the director.
(b) For the purposes of this section, "environment" means the total human surroundings, physical and biological, natural and artificial, including air, water, soil, plants, wildlife, and other ecological factors affecting the growth, development, and safety of people and other living organisms.
Note: Authority cited: Sections 11456, 11502, 12005, 12111, 12531, 12561, 12781, 12976, 12981, 14005 and 14006.7, Food and Agricultural Code. Reference: Sections 11401-12121, 12501-12671, 12751-13102 and 14001-14104, Food and Agricultural Code.
s 6215. Renewal.
(a) Each registrant shall submit with each renewal application a statement, signed by an authorized official of the applicant under penalty of perjury, that, prior to filing the renewal application the registrant has, to the best of the applicant's knowledge based upon all information available to the applicant, complied with the provisions of Section 6210, (Adverse Effect Disclosure).
(b) Each renewal shall be issued within 60 days after the director receives an accurate and complete renewal application unless the director takes action pursuant to Sections 12816, 12825, or 12827 of the Food and Agricultural Code.
(c) The director shall, when renewing a pesticide registration without a reevaluation, make a written finding that he or she has not received sufficient information necessitating reevaluation pursuant to Sections 6220 and 6221.
(d) Label amendments, including those made pursuant to Sections 18 and 24 (c) of the Federal Insecticide, Fungicide and Rodenticide Act, are subject to departmental review and approval pursuant to Section 6170(b). Approved label amendments are not subject to separate registration renewal requirements.
Note: Authority cited: Sections 11456, 12781, 14004.5 and 14006.7, Food and Agricultural Code. Reference: Sections 12812, 12817-12820 and 12824-12827, Food and Agricultural Code.
s 6216. Annual Registration Renewal Fee.
Beginning with those certificates of registration expiring on December 31, 2003, the fee for annual renewal is $750 for each product.
Note: Authority cited: Sections 12781 and 12812, Food and Agricultural Code. Reference: Section 12812, Food and Agricultural Code.
s 6217. Penalties for Late Payment of Annual Renewal Application Fee.
If renewal of a certificate of registration is not applied for within one calendar month after December 31 of each year, a penalty of 20 percent of the original amount due shall be added to the renewal fee for each product.
Note: Authority cited: Sections 12781, 12812 and 12818, Food and Agricultural Code. Reference: Section 12818, Food and Agricultural Code.
s 6220. Reevaluation.
The director may, at any time, evaluate a registered pesticide to carry out the provisions of Sections 12824, 12825, 12825.5, 12826 and 12827 of the Food and Agricultural Code. The Director shall investigate all reported episodes and information received by the Director that indicate a pesticide may have caused, or is likely to cause, a significant adverse impact, or that indicate there is an alternative that may significantly reduce an adverse environmental impact. If the Director finds from the investigation that a significant adverse impact has occurred or is likely to occur or that such an alternative is available, the pesticide involved shall be reevaluated.
Note: Authority cited: Section 12781, Food and Agricultural Code. Reference: Sections 11501, 12824, 12825, 12825.5, 12826 and 12827, Food and Agricultural Code.
s 6221. Reevaluation Criteria.
The director shall also reevaluate a pesticide when certain factors have been found such as, but not limited to:
(a) Public or worker health hazard.
(b) Environmental contamination.
(c) Pesticide residue overtolerance.
(d) Fish or wildlife hazard.
(e) Lack of efficacy.
(f) Undesirable phytotoxicity.
(g) Hazardous packaging.
(h) Inadequate labeling.
(i) Disruption of the implementation or conduct of pest management.
(j) Other information suggesting a significant adverse risk.
(k) Availability of an effective and feasible alternate material or procedure which is demonstrably less destructive to the environment.
(l ) Discovery that data upon which a registration was issued is false, misleading, or incomplete.
Note: Authority cited: Section 12781, Food and Agricultural Code. Reference: Sections 11501, 12824 and 12825.5, Food and Agricultural Code.
s 6222. Reevaluation Data Requirements.
(a) During a reevaluation, the director shall require submission of all data required for registration of a new pesticide by the U.S. EPA and by sections 6159, 6170, 6176-6179, 6180(a), 6181-6192, and 6200 which is relevant to the focus of the reevaluation and has not previously been submitted to the department. The director shall allow a reasonable time for the development and submission of such data, not to exceed a period of two years. Notwithstanding the lack of such data the director shall act expeditiously to protect against risks to human health and the environment.
(b) If information is obtained from an individual or organization indicating possible adverse effect from the use of a pesticide, the director shall respond in writing to the individual or organization indicating the reasons for his or her decision either to reevaluate or not reevaluate the pesticide registration based upon the information submitted.
Note: Authority cited: Sections 11456, 11502, 12005, 12111, 12531, 12561, 12781, 12976, 12981, 14005 and 14006.7, Food and Agricultural Code. Reference: Sections 11401-12121, 12501-12671, 12751-13102 and 14001-14104, Food and Agricultural Code.
s 6223. Notification.
The registrant whose pesticide product has been designated for reevaluation shall be immediately notified by the director. Such notice shall include the basis for the reevaluation.
Note: Authority cited: Sections 11456, 11502, 12005, 12111, 12531, 12561, 12781, 12976, 12981, 14005 and 14006.7, Food and Agricultural Code. Reference: Sections 11401-12121, 12501-12671, 12751-13102 and 14001-14104, Food and Agricultural Code.
s 6224. Determinations.
During the reevaluation, the director shall determine if the pesticide should be classified as a restricted material pursuant to Section 14004.5 of the Food and Agricultural Code; and if additional restrictions on use are necessary, or if action pursuant to Section 12824, 12825, or 12826 of the Food and Agricultural Code should be taken.
Note: Authority cited: Sections 12781, 14005 and 14006.7, Food and Agricultural Code. Reference: Sections 11501, 12824, 12825, 12825.5, 12826, 14001, 14004.5 and 14005, Food and Agricultural Code.
s 6225. Reports.
The director shall publish a semi-annual report on pesticides reevaluated, under reevaluation, or which for factual or scientific information was received but no reevaluation was initiated.
Note: Authority cited: Sections 11456, 11502, 12005, 12111, 12531, 12561, 12781, 12976, 12981, 14005 and 14006.7, Food and Agricultural Code. Reference: Sections 11401-12121, 12501-12671, 12751-13102 and 14001-14104, Food and Agricultural Code.
s 6226. Product Evaluation.
The director shall undertake continuous evaluation of all registered products. First priority shall be given to those products selected according to the specific criteria set forth in this section. Next priority shall be given to other products considered by the director to pose the greatest risk to people and the environment.
Note: Authority cited: Sections 11456, 11502, 12005, 12111, 12531, 12561, 12781, 12976, 12981, 14005 and 14006.7, Food and Agricultural Code. Reference: Sections 11401-12121, 12501-12671, 12751-13102 and 14001-14104, Food and Agricultural Code.
s 6227. Annual Review.
Note: Authority cited: Sections 407, 11502, 12005, 12111, 12531, 12561, 12781, 12976, 12981, 14005 and 14006.7, Food and Agricultural Code. Reference: Sections 11401-12121, 12501-12671, 12751-13102 and 14001-14104, Food and Agricultural Code.
s 6228. Designation of Restricted Materials.
Note: Authority cited: Sections 407, 11502, 12005, 12111, 12531, 12561, 12781, 12976, 12981, 14005 and 14006.7, Food and Agricultural Code. Reference: Sections 11401-12121, 12501-12671, 12751 and 14104, Food and Agricultural Code.
s 6230. Trade Secrets.
Note: Authority cited: Sections 407, 11502, 12005, 12111, 12531, 12561, 12781, 12824, 12976, 12981, 14005 and 14006.7, Food and Agricultural Code. Reference: Sections 11401-12121, 12501-12671, 12751-13102 and 14001-14104, Food and Agricultural Code.
s 6231. Trade Secret Determinations.
Note: Authority cited: Sections 407, 11502, 12005, 12111, 12531, 12561, 12781, 12824, 12976, 12981, 14005 and 14006.7, Food and Agricultural Code. Reference: Sections 11401-12121, 12501-12671, 12751-13102 and 14001-14104, Food and Agricultural Code.
s 6235. Name, Brand, or Trademark of Pesticide.
The name, brand, or trademark of the pesticide appearing on the label shall be that under which the pesticide is registered.
Note: Authority cited: Sections 12781 and 14005, Food and Agricultural Code. Reference: Sections 12751-12994, Food and Agricultural Code.
s 6237. Placement of Label.
The label shall appear on the pesticide or the immediate container thereof. If the immediate container is enclosed within a wrapper or outside container through which the label cannot be clearly read by a person with normal vision, the label must also appear on such outside wrapper or container if it is a part of the retail package.
Note: Authority cited: Sections 12781 and 14005, Food and Agricultural Code. Reference: Sections 12751-12994, Food and Agricultural Code.
s 6238. Acceptance of Labeling.
No label may represent a registered pesticide and no supplemental or associated information, whether written or oral, may represent a registered pesticide until such label and information is accepted by the director as part of the labeling. Recommended dilutions, if any, for use of a pesticide shall be submitted with the application.
Note: Authority cited: Sections 12781 and 14005, Food and Agricultural Code. Reference: Sections 12751-12994, Food and Agricultural Code.
s 6239. Name and Address of Manufacturer, Distributor, Packer, Formulator, or Registrant.
An unqualified name and address given on the label shall be considered as the name and address of the manufacturer. If the registrant's name appears on the label and registrant is not the manufacturer, or if the name of the person for whom the pesticide was manufactured appears on the label, it must be qualified by appropriate wording such as "Packed for ________," "Distributed by ____________," or "Sold by ________," to show that the name is not that of the manufacturer. If a person has two or more locations at which a pesticide is manufactured or packaged, or from which it is distributed, the name and address of the person's principal office will be accepted except in cases where the director determines that the address of the exact location is necessary for the protection of the public. The address of the manufacturer, registrant, or person for whom manufactured shall include the street address, if any, unless the street address is shown in a current city directory or telephone directory.
Note: Authority cited: Sections 12781 and 14005, Food and Agricultural Code. Reference: Sections 12751-12994, Food and Agricultural Code.
s 6240. Legibility of Label and Labeling.
All words, statements, graphic presentations, or designs required by the Food and Agricultural Code or these regulations to appear on the label or labeling must be clearly legible and easy to read by a person with normal vision. The signal word, when required, and the statement, "Keep out of the reach of children," when necessary, shall be of a size bearing a reasonable relationship to the other type on the front part of the label and to the size of the container. The signal word, when required, shall not be less than 18 point type, and the said warning statement shall not be less than 12 point type, unless the label space on the container is too small to accommodate such type sizes, in which case, the director shall prescribe the type size. When the size of the label space requires a reduction in type size, the reduction shall be made to a size no smaller than is necessary, and in no event to a size smaller than 6 point type.
Note: Authority cited: Sections 11456, 12781 and 14005, Food and Agricultural Code. Reference: Sections 12751-12994, Food and Agricultural Code.
s 6241. Registration Number.
(a) The assigned registration number shall appear on each pesticide label.
(b) The registration number shall be shown on the label substantially as follows:
EPA REGISTRATION NO. 00000-00000-00000 or
EPA REG. NO. 00000-00000-00000 or if no Federal number has been assigned
STATE REGISTRATION NO. 00000-00000-00000 or
STATE REG. NO. 00000-00000-00000
(The first five digits reflect the manufacturer or basic registrant, the second five digits the product, and the third five digits, if applicable, reflect the distributor.)
Note: Authority cited: Sections 12781 and 14005, Food and Agricultural Code. Reference: Sections 12751-12994, Food and Agricultural Code.
s 6242. Warning or Caution Statement.
Warning or caution statements, which are necessary, and if complied with, adequate to prevent injury to living man and useful vertebrate animals, useful vegetation, and useful invertebrate animals, must appear on the label in a place sufficiently prominent to warn the user, and must state clearly and in nontechnical language the particular hazard involved in the use of the pesticide, e.g., ingestion, skin absorption, inhalation, flammability or explosion, and the precautions to be taken to avoid accident, injury, or damage.
(a) The label of every pesticide shall bear warnings or cautions which are necessary for the protection of the public, including the statement, "Keep out of reach of children," and a signal word such as "Danger," "Warning," or "Caution" as the director may prescribe, on the front panel or that part of the label displayed under customary conditions of purchase; provided, however, the director may permit reasonable variations on the placement of that part of the required warnings and cautions other than the statement, "Keep out of the reach of children," and the required signal word, if in his opinion such variations would not be injurious to the public. If a pesticide is marketed in channels of trade where the likelihood of contact with children is extremely remote, or if the nature of the product is such that it is likely to be used on infants or small children without causing injury in under reasonably foreseeable conditions, the director may waive the requirement of the statement, "Keep out of reach of children" if in his opinion such a statement is not necessary to prevent injury to the public. The director may permit a statement such as "Keep away from infants and small children" in lieu of the statement "Keep out of reach of children" if he determined that such a variation would not be injurious to the public.
(b) The label of every pesticide which is highly toxic to man shall bear the word "Danger" along with the word "Poison" in red on contrasting background in immediate proximity to the skull and crossbones, and an antidote statement including directions to call a physician immediately on the front panel or that part of the label displayed under customary conditions of purchase; provided, however, the director may permit reasonable variations in the placement of the antidote statement if some reference such as "See antidote statement on back panel" appears on the front panel near the word "Poison" and the skull and crossbones.
Note: Authority cited: Sections 12781 and 14005, Food and Agricultural Code. Reference: Sections 12751-12994, Food and Agricultural Code.
s 6243. Scope of Labeling Requirements.
The labeling requirements in this article shall provide that pesticide products registered by the director meet, but not exceed, current U.S. EPA labeling requirements. The labeling requirements in this article shall apply equally to pesticide products currently registered by U.S. EPA and submitted to the director for registration, and those requiring registration only pursuant to section 12811 of the Food and Agricultural Code.
Note: Authority cited: Sections 11456 and 12781, Food and Agricultural Code. Reference: Sections 12751-13102, Food and Agricultural Code.
s 6247. Sub-Packaging of Certain Pesticides for Resale to Consumers.
Note: Authority cited: Sections 12781 and 14005, Food and Agricultural Code. Reference: Sections 12751-12994, Food and Agricultural Code.
s 6252. Pesticide Registration, Renewal, and Reevaluation Consultation.
This section applies to the registration, renewal of registration, and reevaluation of pesticides.
The Department shall consult on decisions proposed pursuant to this section with public agencies which have jurisdiction by law over the use of pesticides or over activities or resources which may be affected by the use of pesticides. In doing so, the director shall establish an interagency advisory committee that shall be known as the Pesticide Registration and Evaluation Committee. This committee shall meet bimonthly or more often when requested by the director. The Pesticide Registration and Evaluation Committee shall consist of the following members:
(a) The Director of the Department of Pesticide Regulation or his or her designee who shall serve as chair of the committee;
(b) A representative from each of the other boards, offices, and departments in the California Environmental Protection Agency:
(1) The Air Resources Board;
(2) The Office of Environmental Health Hazard Assessment;
(3) The Integrated Waste Management Board;
(4) The State Water Resources Control Board;
(5) The Department of Toxic Substances Control.
(c) A representative from each of the following state agencies:
(1) The Department of Food and Agriculture;
(2) The Department of Fish and Game;
(3) The Department of Industrial Relations;
(4) The Department of Health Services;
(5) The Structural Pest Control Board in the Department of Consumer Affairs;
(6) The University of California;
(d) A representative from each of the following federal agencies:
(1) The U.S. Department of Agriculture/Agricultural Research Service;
(2) The U.S. Environmental Protection Agency, Region IX.
(e) The President of the California Agricultural Commissioners and Sealers Association or his or her designee;
(f) A representative of any other public agency that the Director of the Department of Pesticide Regulation deems appropriate after consultation with the existing committee membership.
Note: Authority cited: Sections 11456, 11502, 12005, 12111, 12531, 12561, 12781, 12976, 12981, 14005 and 14006.7, Food and Agricultural Code. Reference: Sections 11401-12121, 12501-12671, 12751-13102 and 14001-14104, Food and Agricultural Code.
s 6253. Proposed Decision.
(a) Each proposed decision relating to registration and renewal, and each decision to begin reevaluation 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 30 days for public review and comment.
(b) A copy of the notice shall be sent to any person who requests it in writing. In addition, the public agencies consulted under Section 6252 shall be sent a copy of the notice.
Note: Authority cited: Sections 11456 and 12781, Food and Agricultural Code. Reference: Section 21080.4, Public Resources Code.
s 6254. Public Report.
Each public report shall include a description of the proposed action, 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.
Each public report shall also contain a statement and discussion of reasonable alternatives which would reduce any significant environmental impact. The public report may be included in the notice of proposed decision. The director may develop a schedule of actual cost for the reproduction of public reports to be charged to those requesting copies.
(a) The director shall not approve an activity 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) Written Evaluation. The final action taken in regard to a decision subject to this section in which a significant adverse environmental point is raised during the evaluation process shall include a written evaluation of such points approved by the director.
Note: Authority cited: Sections 11456, 11502, 12005, 12111, 12531, 12561, 12781, 12976, 12981, 14005 and 14006.7, Food and Agricultural Code. Reference: Sections 11401-12121, 12501-12671, 12751-13102 and 14001-14104, Food and Agricultural Code.
s 6255. Notice of Decision.
A notice of each decision subject to this article shall be filed within a week of its issuance with the Secretary of Resources for posting. Such notices shall be available for public inspection and shall remain posted for a period of 30 days.
Note: Authority cited: Sections 11456, 11502, 12005, 12111, 12531, 12561, 12781, 12976, 12981, 14005 and 14006.7, Food and Agricultural Code. Reference: Sections 11401-12121, 12501-12671, 12751-13102 and 14001-14104, Food and Agricultural Code.
s 6256. Pest Management Advisory Committee.
(a) There is within the Department of Pesticide Regulation a Pest Management Advisory Committee. The Pest Management Advisory Committee shall consist of the following members:
(1) Six ex officio members;
The Director of the Department of Pesticide Regulation or his/her designee who shall serve as chair of the committee;
The Secretary of the California Department of Food and Agriculture or his/her designee who shall serve as vice chair;
The President of the University of California or his/her designee;
The Regional Administrator of the United States Environmental Protection Agency Region IX or his/her designee;
The Chancellor of the California State University or his/her designee;
The President of the County Agricultural Commissioners and Sealers Association or his/her designee.
(2) The following members who shall serve an initial term of office of from one to three years, as determined by the chair at the time of appointment, so that approximately one-third of these original committee members shall be replaced annually for the first three years. Subsequent appointments shall be for a term of office of three years;
Five members representing academia and public foundations.
Six members representing agricultural production.
Four members representing environmental and public interest groups.
One member representing farm labor organizations.
One member representing general public and consumer advocacy.
One member representing nonagricultural pesticide user groups.
Two members representing pest control advisers.
Four members representing registrants and trade associations.
(b) The members of the Pest Management Advisory Committee shall be appointed by the Director of the Department of Pesticide Regulation, and serve at the pleasure of the chair. Vacancies will be filled for any unexpired term of office as appropriate. The Pest Management Advisory Committee shall assist the Department of Pesticide Regulation in identifying, facilitating, and promoting environmentally sound pest management practices and pest management systems. Pest Management Advisory Committee activities include, but are not limited to, reviewing proposals for pest management research and recommending to the Director which proposals should be funded. Upon the joint decision of the chair and vice chair, funds in the Food Safety Account in the Department of Pesticide Regulation may be expended, upon appropriation, for pest management research purposes to carry out the recommendations of the Pest Management Advisory Committee. The committee shall meet at least quarterly or at the request of the chair. The chair may appoint subcommittees as needed to serve in an advisory capacity. Pest Management Advisory Committee members and any subcommittee members shall serve without compensation. (continued)