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(continued)

Note: Authority cited: Section 12536, Food and Agricultural Code. Reference: Section 12536, Food and Agricultural Code.

s 6260. Authorization for Research.
(a) With the exception of those persons exempted by section 6268, a written authorization for research shall be obtained from the director prior to any experimental, unregistered use of a pesticide.
(b) The authorization may specify conditions under which the research shall be conducted. The conditions may include, but are not limited to, handling of the treated commodity, safety equipment, reentry intervals, medical monitoring, and field posting.
(c) Research requiring an approved human exposure protocol pursuant to section 6710, shall be conducted in accordance with that protocol.
(d) The Director may terminate, amend, or refuse to issue an authorization whenever it is determined that:
(1) the research may involve a hazard to handlers and/or field workers, the public health or the environment,
(2) the research is used for purposes unrelated to pesticide data development, or
(3) violations of the authorization, a previous authorization, or divisions 6 or 7 of the Food and Agricultural Code, or regulations adopted pursuant to them, have occurred in connection with such research.
(e) The research shall be conducted in accordance with the conditions of the authorization and the research authorization regulations of this article.

Note: Authority cited: Sections 12781 and 12976, Food and Agricultural Code.Reference: Sections 12995 and 14006.6, Food and Agricultural Code.

s 6261. Exemptions from Authorization for Research.

Note: Authority cited: Sections 407, 12781 and 12976, Food and Agricultural Code. Reference: Sections 12995 and 14006.6, Food and Agricultural Code.

s 6262. Application for Research Authorization.
(a) Application for a research authorization shall be made on a form prescribed by the director. The application shall require applicants to provide the following information:
(1) Name, mailing address and telephone number of applicant;
(2) Pesticide to be applied:
(A) The brand name, common name, or ID number;
(B) Residue tolerance established;
(C) U.S. EPA registration number;
(D) Dosage of active ingredient;
(E) Method of application;
(F) Type of pesticide;
(3) Type of site or commodity and stage of growth at which pesticide will be applied;
(4) Size, number, and total area of trials;
(5) Date of first and last applications;
(6) Type of data sought;
(7) Planned disposition of treated commodity; and
(8) Signature and title of persons responsible for the trials.
(b) The director may require additional data if necessary to assess the potential adverse effects to workers, the public, and/or the environment.

Note: Authority cited: Sections 11456, 12781 and 12976, Food and Agricultural Code. Reference: Sections 12995 and 14006.6, Food and Agricultural Code.

s 6263. Experimental Applications.

Note: Authority cited: Sections 407, 12781 and 12796, Food and Agricultural Code. Reference: Sections 11411, 11501(a)(b)(f), 12995 and 14006.6, Food and Agricultural Code.

s 6264. Notification and Use of Research Authorization.
(a) At least 24 hours prior to beginning application of a pesticide requiring a research authorization, the researcher shall submit the following information to the agricultural commissioner of the county where the proposed trial site is located:
(1) a copy of the research authorization, and
(2) a notice of intent as provided in section 6434(b) specifying the location of each trial. If not submitted with the notice of intent, the researcher shall submit a plot map of the exact location of each trial within seven days after initial application of the pesticide.
(b) If no application of pesticide is made following the notice of intent, the researcher shall notify the agricultural commissioner within two weeks by submitting an Experimental Trial Report as described in section 6266(a).

Note: Authority cited: Sections 11456, 12781 and 12976, Food and Agricultural Code. Reference: Sections 12995 and 14006.6, Food and Agricultural Code.

s 6264.1. Research Authorization -Pesticide Form.

s 6266. Reports of Research Authorization Use.
(a) Following the final application of a pesticide requiring a research authorization in a particular trial location, and at least 24 hours prior to either harvest or crop destruction, the researcher shall submit an Experimental Trial Report to the agricultural commissioner including the following information:
(1) Firm name;
(2) Authorization number;
(3) Commodity or site treated;
(4) Date of report;
(5) Trial location;
(6) Date and method of planned disposition of treated commodity; and
(7) Name and telephone number of researcher or representative responsible for crop disposition.
(b) Within two weeks following the expiration date of the research authorization, the researcher shall submit to the Department an Experimental Pesticide Use Report. This report shall include the following information:
(1) Research authorization number;
(2) Pesticide products applied;
(3) Commodity or site treated;
(4) Rate of active ingredient per acre or unit;
(5) Total amount of active ingredient used;
(6) Total acres or units treated;
(7) Counties where trials were conducted;
(8) Name, address and phone number of researcher; and
(9) Certification that the commodity was harvested/disposed of as required by the authorization.

Note: Authority cited: Sections 11456, 12781 and 12976, Food and Agricultural Code. Reference: Sections 12995 and 14006.6, Food and Agricultural Code.

s 6268. Exemptions from Authorization for Research.
(a) A pesticide registrant is exempt from the provisions of section 6260 when the registrant is the operator of the property upon which the research is to be conducted and continues to be the operator until the treated commodity is destroyed or harvested.
(b) Personnel employed by colleges and universities and engaged in pesticide research are exempt from section 6260 if they are operating according to the current established policy of the college or university which covers pesticide use and experimentation.

Note: Authority cited: Sections 11456, 12781 and 12976, Food and Agricultural Code. Reference: Sections 12995 and 14006.6, Food and Agricultural Code.

s 6270. Costs and Fees Prohibited.
The research authorization holder shall not charge the operator, owner, or person in possession of the property upon which the research is being conducted for the materials or use of the pesticide in connection with the research authorization. This prohibition includes charges or fees for labor and services in connection with the research authorization.

Note: Authority cited: Sections 11456, 12781 and 12976, Food and Agricultural Code. Reference: Sections 12995 and 14006.6, Food and Agricultural Code.

s 6272. Possession of Authorization.
Each person making an application of a pesticide under a research authorization shall have a copy of the authorization available at the use site at the time of the application.

Note: Authority cited: Sections 11456, 12781 and 12976, Food and Agricultural Code. Reference: Sections 11501(a)(b)(f), 12995 and 14006.6, Food and Agricultural Code.

s 6300. Misbranding.
A pesticide shall be deemed misbranding if its labeling contains one or more of the following or any graphic representation which is likely to be deceiving or misleading:
(a) A false or misleading statement concerning the effectiveness of the product as a pesticide;
(b) A false or misleading comparison with other pesticides;
(c) Unwarranted claims as to the safety of the pesticide or its ingredients, including such statements as "Safe," "Nonpoisonous," "Nontoxic," "Noninjurious," or "Harmless" with or without such qualifying phrase as "When used as directed";
(d) Any statement directly or indirectly implying that a specific brand pesticide is recommended or endorsed by any agency of the Federal Government or the State of California or any political subdivision, agency or instrumentality thereof.

Note: Authority cited: Section 12781, Food and Agricultural Code. Reference: Sections 12881 and 12995, Food and Agricultural Code.

s 6301. Unregistered Products.
(a) Section 12995 shall not apply to an individual, who personally uses a substance for the purpose of controlling their residence or garden pests, provided no food or feed commodities treated with the substance are sold or distributed to another person or fed to animals that are sold or distributed to another person for human consumption.
(b) Pesticide products whose registration has lapsed shall not be sold by the registrant, but may be possessed and sold by a dealer for two years after the last date of registration. If acquired while legally registered or within two years after the date of last registration, such products may be possessed and used according to the directions on the label.
(c) Notwithstanding the provisions of (b), it is unlawful to possess or use any pesticide which has been cancelled or suspended pursuant to Sections 12825, 12826, or 12827 of the Food and Agricultural Code or under FIFRA (7 U.S.C. Section 136 et seq.), except as provided in such cancellation or suspension.

Note: Authority cited: Section 12781, Food and Agricultural Code. Reference: Section 12995, Food and Agricultural Code.

s 6310. Dispute Resolution Proceedings.
If agreement cannot be reached about the terms and amount of payment required pursuant to Food and Agricultural Code section 12811.5, at any time more than 90 days after the issuance of an irrevocable offer to pay, either the applicant, source, or data owner may initiate or with the consent of all parties, join a binding dispute resolution proceeding under the rules prescribed under Title 29 Code of Federal Regulations, Part 1440, or its successor provision, if any, or other rules to which the applicant and data owner may agree.
(a) To the extent feasible, and upon mutual consent of the parties, the proceeding may be consolidated with any dispute resolution process taking place between the same parties and being conducted pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. Sec 136a et.seq.).
(b) In determining the amount due under this section, the decisionmaker(s) of a dispute resolution proceeding shall consider, among other factors, that the data owner's exclusive right to sell the pesticide resulted in the data owner recovering all or part of the costs of generating the data.
(c) The finding of the decisionmaker(s) in a dispute resolution proceeding shall be final and conclusive, and no official or court shall have power or jurisdiction to review that finding and determination, except for fraud, misrepresentation, or other misconduct by one of the parties to the dispute resolution proceeding or the decisionmaker(s) where there is a verified complaint with supporting affidavits attesting to specific instances of fraud, misrepresentation, or misconduct.
(d) The parties to the dispute resolution proceeding shall share equally in the payment of fees and expenses of the dispute resolution process, except that each party shall bear its legal fees and its expenses.

Note: Authority cited: Section 12811.5, Food and Agricultural Code. Reference: Section 12811.5, Food and Agricultural Code.

s 6350. DDT and DDD.

Note: Authority cited: Sections 407 and 12781, Food and Agricultural Code. Reference: Sections 12824 and 12825, Food and Agricultural Code.

s 6352. 2,4,5-T.

Note: Authority cited: Sections 407 and 12781, Food and Agricultural Code. Reference: Sections 12824 and 12825, Food and Agricultural Code.

s 6354. Inorganic Mercury Compounds.

Note: Authority cited: Sections 407, 12781 and 12976, Food and Agricultural Code. Reference: Sections 12825, 12995 and 14102, Food and Agricultural Code.

s 6356. Inorganic Arsenic.

Note: Authority cited: Sections 407 and 12781, Food and Agricultural Code. Reference: Sections 12824 and 12825, Food and Agricultural Code.

s 6358. Inorganic Phosphorous Paste.

Note: Authority cited: Sections 407 and 12781, Food and Agricultural Code. Reference: Sections 12824 and 12825, Food and Agricultural Code.

s 6359. Ethylene Dibromide.

Note: Authority cited: Sections 407, 12781 and 14102, Food and Agricultural Code. Reference: Sections 11501(b), 12824, 12825, 14001 and 14102, Food and Agricultural Code.

s 6360. Cadmium Compounds.

Note: Authority cited: Sections 407, 12781 and 12976, Food and Agricultural Code. Reference: Sections 12825, 12995 and 14102, Food and Agricultural Code.

s 6361. Butyl Mercaptan Limitations.
(a) The Director of Food and Agriculture makes the following findings in relation to Sections 11501 and 12824 of the Food and Agricultural Code regarding pesticides labeled for defoliating plants, containing S,S,S-tributylphosphorotrithioate and tributylphosphorotrithioite.
(b) Butyl mercaptan is an odorous raw material used in the manufacture of these two pesticides.
(c) It is technically feasible to manufacture these two pesticides to contain less than 0.1 percent butyl mercaptan.
(d) Pesticides containing S,S,S-tributylphosphorotrithioate or tributylphosphorotrithioite in which the butyl mercaptan is found to exceed 0.1 percent by weight shall not be sold or used in California.

Note: Authority cited: Section 12781, Food and Agricultural Code. Reference: Sections 11501, 12752, 12824, 12931, 12976 and 12991, Food and Agricultural Code.

s 6362. 1,2-Dichloropropane Limitations.

Note: Authority cited: Sections 407, 12781 and 12976, Food and Agricultural Code. Reference: Section 12824, Food and Agricultural Code.

s 6370. DBCP (1,2-Dibromo-3-Chloropropane).

Note: Authority cited: Sections 407 and 12781, Food and Agricultural Code. Reference: Sections 12824, 12825, and 12826, Food and Agricultural Code.

s 6372. N-3-Pyridylmethyl N ' -P Nitrophenyl Urea (Vacor).

Note: Authority cited: Sections 407 and 12781, Food and Agricultural Code. Reference: Sections 12824, 12825 and 12826, Food and Agricultural Code.

s 6379. Restrictions on Use of Bladex (Cyanizine).

Note: Authority cited: Sections 407 and 12781, Food and Agricultural Code. Reference: Section 12824, Food and Agricultural Code.

s 6380. Sales Invoice Misrepresentation.

Note: Authority cited: Sections 407 and 12781, Food and Agricultural Code. Reference: Section 12841, Food and Agricultural Code.

s 6382. Penalties.
For any delinquency in making a return, or any deficiency in payment, of the pesticides mill assessment which is received after the date due (one calendar month after March 31, June 30, September 30, and December 31 of each year), a penalty of 10 percent of the amount which is due shall be added.

Note: Authority cited: Section 12781, Food and Agricultural Code. Reference: Section 12843, Food and Agricultural Code.

s 6384. Exemptions.
When a registered pesticide is sold by the registrant to a purchaser for a nonpesticide use and the invoice clearly identifies its specific intended use, the sale is not subject to the mill assessment.

Note: Authority cited: Section 12781, Food and Agricultural Code. Reference: Section 12841, Food and Agricultural Code.


s 6386. Established Rate.
The director establishes the mill assessment on pesticide products at 21 mills (0.021) per dollar of sales for all sales of registered pesticides for use in this state pursuant to Food and Agricultural Code section 12841.

Note: Authority cited: Sections 12781 and 12841, Food and Agricultural Code. Reference: Section 12841, Food and Agricultural Code.


s 6388. Pesticide Sales and Assessment Reporting.
(a) Each registrant shall report quarterly to the Department the total dollars of sales and total pounds or gallons of each registered and labeled pesticide product sold by the registrant for use in this State and the total assessments due. Each report of pesticide sales and assessment shall be on a form prescribed by the Department or in a format approved by the Director.
(b) An acceptable Department form for reporting the pesticide sales is form "Report of Pesticide Sales in California," PR-ENF-181 (Rev. 07/98). The information to be reported shall include the following:
(1) The ending and delinquent date of the quarter being reported;
(2) The name, address and U.S. Environmental Protection Agency (U.S. EPA) firm number of the registrant;
(3) The U.S. EPA or State registration number and brand name of each product registered and sold for use in the State; and
(4) The total dollar sales and total pounds or gallons of each formulated product sold.
(c) An acceptable form for reporting the pesticide mill assessments is form "Report of Pesticide Sales in California," PR-ENF-180 (Rev. 07/98). The information to be reported shall include the following:
(1) The ending and delinquent date of the quarter being reported;
(2) The name, address and U.S. EPA firm number of the registrant;
(3) The total dollar sales for all products registered and sold for use in the State during the quarter;
(4) The pesticide mill assessment rate;
(5) The total assessments and penalty (if applicable) that are due;
(6) The total amount of payment submitted;
(7) The name, title, signature, and phone number of the authorized representative completing the form;
(8) The date when the form was completed; and
(9) Certification under penalty of perjury that the information contained in the report is true and correct.
(d) The individual report specified in (b) and the dollar sales figures associated with a specific product found on the report shall be considered official information acquired in confidence pursuant to Government Code section 6254(k) of the Public Records Act and section 1040 of the Evidence Code.

Note: Authority cited: Sections 11456, 12781 and 12845, Food and Agricultural Code. Reference: Sections 12843 and 12845, Food and Agricultural Code.

s 6390. Purpose of Article.
This article specifies the criteria to be used in allocating pesticide mill assessment funds to counties based upon each county's costs, pesticide regulatory activities, workload, and performance, pursuant to Section 12844 of the Food and Agricultural Code.

Note: Authority cited: Sections 11456, 12781 and 12844, Food and Agricultural Code. Reference: Section 12844, Food and Agricultural Code.

s 6391. County Reimbursement.
(a) Reimbursement for work specified in section 6393(b) shall be made by April 1 of each year pursuant to section 12841 of the Food and Agricultural Code.
(b) Reimbursement shall not exceed costs incurred by the county as shown in the County Agricultural Commissioners' Annual Financial Statement, Item 5, entitled "Pesticide Use Enforcement."

Note: Authority cited: Sections 11456, 12781 and 12844, Food and Agricultural Code. Reference: Sections 12841 and 12844, Food and Agricultural Code.Authority cited: Sections 11456, 12781 and 12844, Food and Agricultural Code. Reference: Sections 12841 and 12844, Food and Agricultural Code.

s 6392. County Reports.
Each county shall submit a monthly report on a form prescribed by the director supporting the administration and enforcement of their pesticide regulatory program. The monthly report shall be submitted within 30 days after the end of each month. All reports shall be subject to audit by the director, and the director may require substantiation of the matters therein.

Note: Authority cited: Sections 11456 and 12781, Food and Agricultural Code. Reference: Sections 11455, 12844 and 14012, Food and Agricultural Code.

s 6393. Criteria Items and Apportionment.
(a) The amount of funds allocated to each county for each criteria item shall be based on each county's pest control activities, costs, workload, and performance in proportion to all counties, except as provided in sections 6391(b) and 6395.
(b) The apportionment for each criteria item shall be a percentage of the total mill assessment funds available for reimbursement to counties [less the amount specified in section 6395(b)]. Such criteria items and corresponding apportionments are as follows:
(1) Apportionment, 3 percent: The total number of Pesticide Use Enforcement Program inspections completed in accordance with the prioritization plan agreed upon by the Director and the commissioners and the commissioner's negotiated work plans;
(2) Apportionment, 3 percent: The total number of: licensed pest control dealers located in each county; licensed pest control advisers, pest control businesses, pest control aircraft pilots, and farm labor contractors registered in each county; structural pest control operators providing notice of work in each county; active operator identification numbers in each county; and any additional similar workload activities approved jointly by the Director and the commissioners.
(3) Apportionment, 3 percent: The total number of private applicator certificate holders certified in each county;
(4) Apportionment, 3 percent: Work hours expended on pesticide related activities that are agreed upon by the Director and the commissioners, provided the work hours are expended by persons holding a Pesticide Regulation and/or Investigation and Environmental Monitoring license or by unlicensed persons qualified to apply for a Pesticide Regulation and/or Investigation and Environmental Monitoring license who are closely supervised by persons holding a Pesticide Regulation and/or Investigation and Environmental Monitoring license;
(5) Apportionment, 3 percent: Expenditures reported by each county for pesticide-related activities that are agreed upon by the Director and the commissioners;
(6) Apportionment, 3 percent: The total pounds of pesticides used in the county that have been reported pursuant to Food and Agricultural Code section 12979.
(7) Apportionment, 21 percent: The total number of restricted materials permits and permit amendments issued by each county; sites identified on all restricted materials permits and permit amendments issued by each county; and notices of intent reviewed by each county;
(8) Apportionment, 21 percent: Based on the total pounds of nonagricultural-labeled pesticides sold in this state in relation to each county's population. Pounds of pesticide sold data shall be derived from mill assessment collection information provided to the department. Population data shall be based on the most recent U.S. census information. Counties receiving funding under the provisions of section 8698.5 of the Business and Professions Code for structural fumigation enforcement shall only receive funds from this apportionment after deducting the amount of funds received pursuant to section 8698.5 of the Business and Professions Code; and
(9) Apportionment, 40 percent: Based on each county's pesticide use report data records in relation to the total number of pesticide use report data records submitted to the department by all counties.

Note: Authority cited: Sections 11456, 12781 and 12844, Food and Agricultural Code. Reference: Sections 12841 and 12844, Food and Agricultural Code.

s 6394. Performance Evaluation.
(a) The Director shall evaluate each county pesticide use enforcement program, at least every three years. The evaluation shall measure the county's effectiveness in implementing state program areas recognized in statute or regulation, or agreed upon by the county and Director as an essential program element.
(b) The Director shall provide a performance evaluation report to the commissioner that documents the county's performance in implementing the state program areas recognized by the Director.
(c) The Director and the commissioner shall jointly develop and document corrective actions to improve the county's pesticide use enforcement program in the program areas identified in the performance evaluation report. Corrective actions may be brought forth as a recommendation for mill assessment allocation under section 6396(a).
(d) When any commissioner fails to implement the jointly developed corrective actions or an agreement on corrective actions cannot be reached, the Director shall take measures to improve the pesticide use enforcement program in the county. The measures may include but are not limited to, a reduction of the county's annual mill assessment allocation under sections 6393 and 6395(a).

Note: Authority cited: Sections 11456, 12781 and 12844, Food and Agricultural Code. Reference: Sections 2281 and 12844, Food and Agricultural Code.

s 6395. Minimum Reimbursement.
(a) Determinations as specified in sections 6393 and 6394(c), notwithstanding, but subject to section 6391(b), no county shall be reimbursed funds less than the amount of funds reimbursed to the county pursuant to section 12844 of the Food and Agricultural Code, for the fiscal year ending June 30, 2003, or the average for fiscal years ending June 30, 2001, 2002, and 2003, whichever is greater, unless the mill assessment funds available for allocation on March 1 of the current year are less than $14.3 million, in which case each county's reimbursement shall be reduced in the same proportion as it would have been reimbursed under this article. However, in no instances shall a county's minimum reimbursement be less than $27,600 except as provided in section 6391(b).
(b) From the total funds available for allocation to counties, 30 percent shall be utilized for the stipulation of subsection (a) above.

Note: Authority cited: Sections 11456, 12781 and 12844, Food and Agricultural Code. Reference: Sections 12841 and 12844, Food and Agricultural Code.

s 6396. Residual Funds.
(a) Any residual funds resulting after the application of sections 6395 may be disbursed based on commissioner requests to support restricted materials permitting and reporting system activities, and any other program element that the Director and the California Agricultural Commissioners and Sealers Association jointly agree upon, on a case-by-case basis. Funding request shall be submitted to the Director by March 31st of each year and jointly approved by the Director and the California Agricultural Commissioners and Sealers Association no later than June 30th.
(b) Any residual funds resulting after the application of sections 6391, 6394(d), 6395, or 6396(a) shall be distributed to all counties not subject to section 6394(d), in the same proportion as funds reimbursed under section 6393.

Note: Authority cited: Sections 11456, 12781 and 12844, Food and Agricultural Code. Reference: Section 12844, Food and Agricultural Code.

s 6397. Sunset Review of Regulations.

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

s 6400. Restricted Materials.
The Director designates the pesticides listed in this section as restricted materials.
(a) Any pesticide labeled as a "restricted use pesticide" pursuant to section 3 of the Federal Insecticide, Fungicide, and Rodenticide Act (Title 7, United States Code, section 136a).
(b) Any pesticide used under an "emergency exemption" issued pursuant to section 18 of the Federal Insecticide, Fungicide, and Rodenticide Act (Title 7, United States Code, section 136p).
(c) Pesticides formulated as a dust, labeled to permit outdoor use, and packaged in containers of more than 25 pounds, except:
(1) products containing only exempt materials specified in section 6402; and
(2) products containing only carbaryl, disulfoton, endosulfan, lindane, strychnine, zinc phosphide or an active ingredient not otherwise included in this section, and labeled only for one or more of the following uses: home use, structural pest control, industrial use, institutional use, and use by public agency vector control districts pursuant to section 2426 of the Health and Safety Code.
(d) Pesticide products containing active ingredients listed in section 6800(a) (potential to pollute ground water), when labeled for agricultural, outdoor institutional, or outdoor industrial use.
(e) Certain other pesticides:
Acrolein, when labeled for use as an aquatic herbicide
Aldicarb (Temik)
Aluminum phosphide (Phostoxin)
4-Amino pyridine (Avitrol)
Azinphos-methyl (Guthion)
Calcium cyanide
Carbaryl (Sevin), except:
(1) when formulated as a bait; or
(2) when labeled only for one or more of the following uses: use directly on livestock or poultry, home use, structural pest control, industrial use, institutional use, or use by public agency vector control districts pursuant to section 2426 of the Health and Safety Code.
Carbofuran (Furadan)
Chloropicrin
3-Chloro-p-toluidine hydrochloride (Starlicide)
Dazomet, when labeled for the production of agricultural plant commodities.
Dicamba (Banvel), except:
(1) liquid formulations packaged in containers of 1 quart or less regardless of percentage of dicamba;
(2) liquid formulations that contain 15% or less dicamba packaged in containers of 1 gallon or less;
(3) liquid formulations of a product that is labeled to be used without further dilution;
(4) dry formulations, packaged in containers of 1 pound or less, of a product that is labeled to be further diluted for use; and
(5) dry formulations, packaged in containers of 50 pounds or less, of a product that contains 10% or less dicamba and is labeled to be used without further dilution.
2,4-dichlorophenoxyacetic acid (2,4-D), except:
(1) liquid formulations, packaged in containers of 1 quart or less, regardless of percentage of 2,4-D;
(2) liquid formulations that contain 15% or less 2,4-D packaged in containers of 1 gallon or less;
(3) liquid formulations of a product that is labeled to be used without further dilution;
(4) dry formulations, packaged in containers of 1 pound or less, regardless of percentage of 2,4-D;
(5) dry formulations, packaged in containers of 50 pounds or less, of a product that contains 10% or less 2,4-D and is labeled to be used without further dilution; and
(6) products labeled only for use as a plant growth regulator.
2,4-dichlorophenoxybutyric acid (2,4-DB), except:
(1) liquid formulations, packaged in containers of 1 quart or less, regardless of percentage of 2,4-DB;
(2) liquid formulations that contain 15% or less 2,4-DB packaged in containers of one gallon or less;
(3) liquid formulations of a product that is labeled to be used without further dilution;
(4) dry formulations, packaged in containers of 1 pound or less, regardless of percentage of 2,4-DB; and
(5) dry formulations, packaged in containers of 50 pounds or less, of a product that contains 10% or less 2,4-DB and is labeled to be used without further dilution.
2,4-dichlorophenoxypropionic acid (2,4-DP), except:
(1) liquid formulations, packaged in containers of 1 quart or less, regardless of percentage of 2,4-DP;
(2) liquid formulations that contain 15% or less 2,4-DP packaged in containers of 1 gallon or less;
(3) liquid formulations of a product that is labeled to be used without further dilution;
(4) dry formulations, packaged in containers of 1 pound or less, regardless of percentage of 2,4-DP;
(5) dry formulations, packaged in containers of 50 pounds or less, of a product that contains 10% or less 2,4-DP and is labeled to be used without further dilution.
1,3-Dichloropropene (Telone II)
Disulfoton (Di-Syston), except when labeled only for one or more of the following uses: home use, structural pest control, industrial use, institutional use, and use by public agency vector control districts pursuant to section 2426 of the Health and Safety Code.
Endosulfan (Thiodan), except when labeled only for one or more of the following uses: home use, structural pest control, industrial use, institutional use, and use by public agency vector control districts pursuant to section 2426 of the Health and Safety Code.
Ethoprop (Mocap), when labeled for turf use.
Fenamiphos (Nemacur)
Lindane, except when labeled only for one or more of the following uses: home use, structural pest control, industrial use, institutional use, and use by public agency vector control districts pursuant to section 2426 of the Health and Safety Code.
Metam sodium labeled for the production of agricultural plant commodities
Methamidophos (Monitor)
Methidathion (Supracide)
Methomyl (Lannate), except fly baits containing not more than 1% methomyl
Methyl bromide
2-methyl-4-chlorophenoxyacetic acid (MCPA), except:
(1) liquid formulations packaged in containers of 1 quart or less regardless of percentage of MCPA;
(2) liquid formulations that contain 15% or less MCPA packaged in containers of 1 gallon or less;
(3) liquid formulations of a product that is to be used without further dilution;
(4) dry formulations, packaged in containers of 1 pound or less, regardless of percentage of MCPA; and
(5) dry formulations, packaged in containers of 50 pounds or less, of a product that contains less than 10% MCPA and is labeled to be used without further dilution.
Methyl isothiocyanate (MITC) labeled for the production of agricultural plant commodities
Mevinphos (Phosdrin)
Molinate (Ordram)
Oxydemeton-methyl (Metasystox-R)
Paraquat (Gramoxone)
Parathion-methyl
Phorate (Thimet)
Potassium N-methyldithiocarbamate (metam-potassium), when labeled for the production of agricultural plant commodities.
Propanil (3,4-dichloropropionanilide)
Sodium cyanide
Sodium fluoroacetate (compound 1080)
Strychnine, except rodenticides when labeled only for one or more of the following uses: home use, structural pest control, industrial use, institutional use, and use by public agency vector control districts pursuant to section 2426 of the Health and Safety Code.
Sulfotepp
Sulfuryl Fluoride
Thiobencarb (Bolero)
Tribufos (DEF, Folex)
Tributyltin, organotin, or a tri-organotin compound formulated as an antifouling paint, coating or compound and labeled for the control of fouling organisms in an aquatic environment.
Zinc phosphide, except when labeled only for one or more of the following uses: home use, structural pest control, industrial use, institutional use, and use by public agency vector control districts pursuant to section 2426 of the Health and Safety Code.

Note: Authority cited: Sections 14004.5 and 14005, Food and Agricultural Code. Reference: Sections 14004.5 and 14005, Food and Agricultural Code.

s 6402. Exempt Materials.
The director designates and establishes pursuant to Section 14006.7 of the Food and Agricultural Code the pesticides stated in this section as exempt materials.
(a) Spray adjuvants
(b) Petroleum oils
(c) Sulfur
(d) Lime
(e) Lime-sulfur
(f) Sodium polysulfide
(g) Certain copper compounds
(1) Bordeaux mixture
(2) Copper acetate
(3) Copper carbonate
(4) Copper hydroxide
(5) Copper-lime mixtures
(6) Copper linoleate
(7) Copper oleate
(8) Copper oxychloride
(9) Copper sulfate (basic, monohydrate, and pentahydrate)
(10) Copper oxide
(11) Copper calcium oxychloride
(h) Bacillus thuringiensis Berliner

Note: Authority cited: Sections 11456 and 14006.7, Food and Agricultural Code. Reference: Section 14006.7, Food and Agricultural Code.

s 6404. Certification Requirements.

Note: Authority cited: Sections 407, 14005 and 14102, Food and Agricultural Code. Reference: Sections 11501 and 14006, Food and Agricultural Code.

s 6406. Supervision Standards.
The certified applicator responsible for this supervision shall be aware of the conditions at the site of application and be available to direct and control the manner in which applications are made by the noncertified applicator. The availability of the certified applicator shall be directly related to the actual or potential hazard of the situation.

Note: Authority cited: Sections 11456, 14005 and 14102, Food and Agricultural Code. Reference: Sections 11501 and 14006, Food and Agricultural Code.

s 6408. Private Applicator Certification.

Note: Authority cited: Sections 407, 14005 and 14102, Food and Agricultural Code. Reference: Sections 11501 and 14006, Food and Agricultural Code.

s 6410. Pesticide Safety Information Series.

Note: Authority cited: Sections 407, 14005 and 14102, Food and Agricultural Code. Reference: Sections 11501 and 14006, Food and Agricultural Code.

s 6412. Restricted Material Permit Requirements.
(a) Except as provided in this section and Sections 6400, 6414 and 6416, restricted materials shall be possessed or used only under permit of the commissioner or under his direct supervision, or under permit of the director in any county in which there is no commissioner.
(b) The person named in a restricted material permit is authorized to retain possession, except for sale, of materials for which the permit was valid after such permit expires, provided they are stored in accordance with Sections 6670 and 6672.

Note: Authority cited: Sections 11456, 14005 and 14102, Food and Agricultural Code. Reference: Sections 11501 and 14006, Food and Agricultural Code.

s 6414. Permit Exemptions.
(a) Permits to possess restricted materials shall not be required of commercial carriers to transport such materials.
(b) No permit shall be required for restricted materials included only in subsection (a) of section 6400 (federally restricted use) when possessed or used by or under the supervision of a certified private or certified commercial applicator unless otherwise required by the commissioner.
(c) No permit shall be required for antifouling paints or coatings containing tributyltin.
(d) No permit shall be required for restricted materials used only for experimental or research purposes when possessed or used, by or under the supervision of, research personnel from colleges and universities provided they are operating according to the current established policy of the college or university which covers experimental pesticide use.
(e) No permit shall be required for restricted materials used according to a valid research authorization issued pursuant to section 6260.

Note: Authority cited: Sections 11456, 12976, 14005 and 14102, Food and Agricultural Code. Reference: Sections 11501, 14006 and 14006.6, Food and Agricultural Code.

s 6416. Groundwater Protection Restrictions.
(a) A permit is required for the possession or use of a pesticide containing a chemical listed in section 6800(a) when the pesticide is:
(1) applied in an agricultural, outdoor institutional, or outdoor industrial use within a runoff ground water protection area or in a leaching ground water protection area, or
(2) restricted for purposes other than ground water protection.
(b) A permit is not required for the possession or use of a pesticide containing a chemical listed in section 6800(a) when the pesticide is used in a pest eradication program approved by the Department, unless the pesticide is also restricted for purposes other than groundwater protection.
(c) Notwithstanding the provisions of this article and article 4, the chemicals listed in section 6800(a) may be applied for research or experimental purposes pursuant to a valid research authorization. The applicant must provide the location of the research or experimental site with the research authorization request. The exemptions found in section 6268 do not apply when a person wishes to use these chemicals for research or experimental purposes.

Note: Authority cited: Sections 11456, 12976, 13145, 14004.5, 14005, 14006 and 14102, Food and Agricultural Code. Reference: Sections 11501, 13145, 13150, 14004.5, 14005 and 14006, Food and Agricultural Code.

s 6417. Research Authorization for Groundwater Protection List Chemicals.

Note: Authority: Sections 407, 12781, 12976, 13145, 14005 and 14006, Food and Agricultural Code. Reference: Section 14006.6, Food and Agricultural Code.

s 6420. Permit Requirements.
(a) Permits for agricultural use of a restricted material shall be issued in the name of the operator of the property to be treated. The permittee or, when allowed by the commissioner, the permittee's authorized representative or licensed agricultural pest control adviser, shall sign the permit. The authorized representative or licensed agricultural pest control adviser shall provide the commissioner with written documentation from the permittee to act on his/her behalf.
(b) Permits for nonagricultural use of a restricted material may be issued in the name of the operator of the property to be treated or a pest control business. A permit issued to the operator of the property shall be signed by either the permittee or, when allowed by the commissioner, the permittee's authorized representative. The authorized representative shall provide the commissioner with written documentation from the permittee to act on his or her behalf. A permit issued to the pest control business shall be signed by the owner or a qualified applicator licensee or qualified applicator certificate holder responsible to supervise the operations of the pest control business.
(c) The permittee shall be responsible for compliance with all permit conditions.

Note: Authority cited: Sections 11456, 14005 and 14102, Food and Agricultural Code. Reference: Sections 11501 and 14006, Food and Agricultural Code.

s 6422. Permit Duration.
(a) Each permit issued for agricultural use of a restricted material shall be site and time specific. Pursuant to Food and Agricultural Code section 14007, any permit may be issued for a one-year period. Permits issued for perennial agricultural plantings, nonproduction agricultural sites, or nonagricultural sites may be issued for up to a three-year period. Permit applicants may apply for and obtain a permit for a shorter duration.
(b) A permit to use restricted materials shall be valid for the time specified unless sooner revoked or suspended.

Note: Authority cited: Sections 11456, 14005 and 14102, Food and Agricultural Code. Reference: Sections 11501, 14006 and 14007, Food and Agricultural Code.

s 6424. Forms.
(a) Each application and permit to possess or use a restricted material shall be on a form either provided or approved by the director.
(b) All information required for a written notice of intent shall be on forms either provided or approved by the director.

Note: Authority cited: Sections 11456, 14005 and 14102, Food and Agricultural Code. Reference: Sections 11501 and 14006, Food and Agricultural Code.

s 6426. Alternatives and Mitigation Measures.
(a) Each licensed agricultural pest control adviser and grower, when determining if and when to use a pesticide that requires a permit, shall consider, and if feasible, adopt any reasonable, effective and practical mitigation measure or use any feasible alternative which would substantially lessen any significant adverse impact on the environment.
(b) Each licensed agricultural pest control operator shall have available a copy of a written recommendation covering each agricultural use application of a pesticide that requires a permit, and operate in accordance with a pesticide permit issued by the commissioner. The standards for such recommendations are established in Section 6556.

Note: Authority cited: Sections 11456, 14005 and 14102, Food and Agricultural Code. Reference: Sections 11501 and 14006, Food and Agricultural Code.

s 6428. Agricultural Permit Applications.
Except as provided in Section 6434(a), each application for a permit for agricultural use of a restricted material shall include the following information:
(a) Name and business address of the permittee and signature of either the permittee, or when allowed by the commissioner, the permittee's authorized representative or licensed agricultural pest control adviser;
(b) Location of each property to be treated;
(c) Identification of all known areas that could be adversely impacted by the use of the restricted material(s) including hospitals; schools, and playgrounds; residential areas (including labor camps); parks; lakes, waterways, estuaries, and reservoirs; state wildlife management areas; critical habitats of rare, endangered or threatened species; and livestock and crops; (a map or aerial photograph may be used for designating such areas);
(d) Identification of each commodity or crop, or if there is no commodity or crop the site to be treated;
(e) Anticipated pest problem(s) for each crop (pest(s) to be controlled);
(f) Restricted material(s) requiring a permit necessary to control each pest on each commodity, crop, or site;
(g) Approximate date(s) or crop stage(s) of intended restricted material application(s);
(h) Expected method of application including the dilution, volume per acre or other units, and dosage;
(i) Name of the pest control business, if any, and name, business address, and license or certificate number, with expiration date, of the certified private or certified commercial applicator responsible for supervising the possession or use of the restricted material(s).

Note: Authority cited: Sections 11456, 14005 and 14102, Food and Agricultural Code. Reference: Sections 11501 and 14006, Food and Agricultural Code.

s 6430. Nonagricultural Permit Applications.
Each application for a permit for nonagricultural use of a restricted material shall include the following information:
(a) Name and business address of the operator of the property or the pest control business;
(b) The signature of either the permittee, or the authorized representative, or the owner or qualified applicator licensee or qualified applicator certificate holder responsible to supervise the operations of the pest control business;
(c) Restricted material(s) to be used;
(d) Pest(s) to be controlled;
(e) Method of application;
(f) Criteria for determining need for the pesticide application and
(g) Name, address and license or certificate number, with expiration date, of the certified applicator responsible for supervising the possession or use of the restricted material(s).

Note: Authority cited: Sections 11456, 14005 and 14102, Food and Agricultural Code. Reference: Sections 11501 and 14006, Food and Agricultural Code.

s 6432. Permit Evaluation.
(a) Each commissioner, prior to issuing any permit to use a pesticide and when evaluating a notice of intent, shall determine if a substantial adverse environmental impact may result from the use of such pesticide. If the commissioner determines that a substantial adverse environmental impact will likely occur from the use of the pesticide, the commissioner shall determine if there is a feasible alternative, including the alternative of no pesticide application, or feasible mitigation measure that would substantially reduce the adverse impact. If the commissioner determines that there is a feasible alternative or feasible mitigation measure which significantly reduces the environmental impact, the permit or intended pesticide application shall be denied or conditioned on the utilization of the mitigation measure. When the commissioner determines that there is a likelihood that permit conditions have been or will be violated he shall take appropriate action to assure compliance.
Each commissioner is responsible for knowing local conditions and utilizing such knowledge in making these determinations. Each commissioner shall also consider and where appropriate utilize the provisions of Section 14006.5 and other applicable sections of the Food and Agricultural Code, applicable sections of this code, applicable pest management guides, restricted materials hazard chart, pesticide safety information series, information obtained from monitoring other pest control operations, and other information required by the director.
(b) In addition to the requirement of Sections 6428 and 6430 each permit shall contain the following:
(1) Appropriate conditions or limitations on the use of the pesticide(s) including available pesticide safety information series leaflets for each pesticide included on the permit;
(2) Requirements, if any, for notice prior to an agricultural use pesticide application. In the case of nonagricultural use, notice shall be required to the extent it is necessary to comply with inspection responsibilities and with the monitoring requirements of Section 6436; and
(3) Appropriate conditions or limitations such as those described in available pest management guides. The commissioner shall inform the permittee of, and where to obtain, any pest management guide applicable to the pest control authorized in the permit.

Note: Authority cited: Sections 11456, 14005 and 14102, Food and Agricultural Code. Reference: Sections 11501 and 14006, Food and Agricultural Code.

s 6434. Notice of Intent.
(a) If the information required by (g), (h), and (i) of Section 6428 is not provided on the permit, it shall be included in the notice of intent.
(b) When a notice of intent is required by the commissioner, it shall provide the following information concerning the proposed application. If the information required by this paragraph has been provided on the permit it may be referenced on the notice of intent.
(1) Permit number;
(2) Name and address of permittee and applicator;
(3) Location of areas to be treated and name of farm operator;
(4) Crop or commodity, or if there is no crop or commodity the site to be treated;
(5) Approximate acres or other units;
(6) Method of application;
(7) Pesticide(s);
(8) Dilution, volume per acre or other units, and dosage;
(9) Pest(s) to be controlled;
(10) Date intended application is to commence; and
(11) Location and identity of areas specified in Section 6428 which have changed since the permit was issued and which may be adverselyimpacted. A map or aerial photograph may be used for designating such locations. (continued)