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(continued)
The commissioner shall be notified at least 24 hours prior to commencing the use of a pesticide requiring a permit. The notice of intent to apply a pesticide may be submitted to the commissioner by the operator of the property to be treated, by such operator's authorized representative, or by the licensed pest control operator who is to apply the pesticide. The commissioner may allow less than 24 hours notice if he determines that because of the nature of the commodity or pest problem effective pest control cannot be attained or when 24 hours are not necessary to adequately evaluate the intended application.
Note: Authority cited: Sections 11456, 14005 and 14102, Food and Agricultural Code. Reference: Sections 11501 and 14006, Food and Agricultural Code.
s 6436. Permit Monitoring.
The director shall develop and the commissioner shall utilize a valid statistical program for monitoring sites to be treated which requires more frequent monitoring of individuals who have a record of noncompliance with applicable laws and regulations including violations of Section 6556. Such program shall require monitoring of no less than 5% of the sites identified in permits or notices of intent to apply a pesticide for an agricultural use. Such monitoring shall include an evaluation of the basis for the intended application including the written recommendation, if any. In the case of nonagricultural uses, the pesticide use of each permit holder shall be inspected at least once a year. Such monitoring shall insure compliance with this section and with the provisions of Section 14006.5 of the Food and Agricultural Code. No application shall be allowed to proceed if noncompliance with these provisions exists.
Note: Authority cited: Sections 11456, 14005 and 14102, Food and Agricultural Code. Reference: Sections 11501 and 14006, Food and Agricultural Code.
s 6438. Pest Control Records.
Note: Authority cited: Sections 407, 14005 and 14102, Food and Agricultural Code. Reference: Sections 11501 and 14006, Food and Agricultural Code.
s 6440. Pesticide Use Reports.
Note: Authority cited: Sections 407, 14005 and 14102, Food and Agricultural Code. Reference: Sections 11501, 14006 and 14011.5, Food and Agricultural Code.
s 6442. Permit Review.
Section 14009 of the Food and Agricultural Code provides for a review by the director of the action of an agricultural commissioner in issuing, refusing, revoking, suspending, or conditioning a restricted materials permit. This section states the standards and procedures applicable to such review by the director.
(a) Registration of a restricted material is not in itself a right to use the pesticide, but rather a department determination that under appropriate local conditions the commissioner can grant a use permit for the material.
(b) The decision of an agricultural commissioner in issuing, conditioning, refusing, revoking, or suspending a restricted materials permit will be reversed by the director only for a clear abuse of discretion by the commissioner in applying the applicable restricted materials provisions of the Food and Agricultural Code (beginning with section 14001) and regulations in Title 3, California Code of Regulations (beginning with section 6400). The burden of establishing abuse of discretion is on the person requesting the review.
(c) The director's review is limited to the particular permit involved.
(d) The person requesting the review of the issuance of a permit may request that the director stay the operation of the permit for a limited time or until the matter is finally decided. Whether the stay will be granted or refused will be determined by the director as soon as practicable based on the reasons stated for the stay in the request for review and supporting documents, any counter documents or arguments which are timely submitted to the director by the commissioner or permittee, and the director's own preliminary analysis of whether a stay is necessary to avoid a significant health hazard or significant crop, environmental, or property damage.
Note: Authority cited: Section 11456, Food and Agricultural Code. Reference: Section 14009, Food and Agricultural Code.
s 6443. Permits for Use of Phenoxy Herbicides on Timberland.
(a) Permits issued by county agricultural commissioners for aerial application of phenoxy herbicides for conifer release or for site preparation for commercial timber production shall be subject to the requirements of this section.
(b) Each permit issued for such use shall be posted immediately, or as soon as practicable, by the commissioner in all offices of the commissioner and by the permittee at a post office or similar public place reasonably located so as to be seen by persons living within one mile of the proposed spraying area and shall remain posted until the expiration of such permit.
(c) Within five days after issuance of the permit, the permittee shall mail a copy of the permit to all owners of record of property within 300 feet of the area to be treated. The permittee shall also mail a copy to all persons residing within 300 feet of the spray site described in the permit area who have filed a request for written notification with the commissioner.
(d) Each posted and mailed copy of the permit shall include notice of the provisions of this section, Section 6442, Food and Agricultural Code Section 14009, and the names and addresses of the county agricultural commissioner and the permittee.
(e) If a request for review is mailed to the commissioner within 20 days of the issuance of the permit, no herbicide application pursuant to the permit shall be made until 30 days after such review is completed; however, a further stay may be granted by the director pursuant to an appeal by a person directly affected by the commissioner's action. A copy of the commissioner's decision shall be mailed to the person who requested the review and the permittee.
(f) The commissioner shall grant a review, pursuant to Food and Agricultural Code, Section 14009, to any interested person.
(g) If no request for review is received by the commissioner within 30 days of the permit issuance, the application may commence without further delay.
(h) If a request by a person directly affected by the commissioner's action, for a stay and appeal of the commissioner's review action is mailed to the director within 20 days of the date of the commissioner's review decision, no herbicide application pursuant to the permit shall be made until 15 days after the request is acted upon by the director. The applicant shall mail a copy of the appeal to the commissioner and to the permittee at the same time that the appeal is mailed to the director. The appeal must contain the following statement above the signature of the appellant: "I hereby certify that I have mailed copies of this appeal to the county agricultural commissioner and to the permittee." The appeal shall also contain a copy of the commissioner's review decision.
(i) The director shall grant a stay of the permit and an appeal pursuant to Food and Agricultural Code Section 14009 to all appellants who are directly affected by the permit action.
For the purpose of this section, an appellant shall be considered to be directly affected by the permit action where the appellant establishes that his or her residence, crops, property, or water supply point source lies within one-half mile of the spray site described in the permit. A movable camp site, trailer, home, or other portable property temporarily located in proximity to a spray site shall not qualify as a residence or located concern. The director may find that an appellant located more than one-half mile from the spray site is directly affected.
(j) The director may rely on the commissioner's determination of the appellant's location, if such a determination way included in the commissioner's decision. The appellant may contest this determination in the appeael.
(k) The director may deny an appeal and refuse a stay request in the following cases:
(1) Where an appeal is filed not by an appellant directly affected by the permit for the protection of the appellant's personal interest but, rather, by another on the appellant's behalf, or,
(2) Where an appeal fails to allege a specific abuse of discretion on the part of the commissioner in the issuance of the permit but, rather, asserts only an objection to phenoxy herbicide spraying, in general, or
(3) Where an appeal fails to identify the specific location of appellant's source of concern, such as appellant's residence, cropland, water supply, or other fixed geographical reference so as to allow an assessment of the hazards associated with the permit.
(l) Where the director's decision denies an appeal or refuses a stay, the appellate shall be advised of the right to seek judicial review of the decision.
(m) A copy of the director's decision shall be mailed to the appellant, the commissioner, and the permittee.
(n) If no appeal is received by the director with 30 days of the commissioner's review decision, the aerial application may commence without further delay.
If the director's decision upholds the permit issuance and the permit cannot be exercised because of the delay involved in the stay and/or review, the permit shall be extended by order of the director for a sufficient length of time to allow for spraying at the earliest possible date, but in no case longer than 12 months.
Note: Authority cited: Sections 11456, 14001, 14005 and 14006, Food and Agricultural Code. Reference: Sections 14004, 14006.5 and 14009, Food and Agricultural Code.
s 6444. Generalized Effects.
If at any time pesticide residues, symptoms, or health hazards appear generally throughout any area, the director or commissioner may cause a field inspection to be made. If it appears that substantial loss, damage or injury is likely to result from continued application of a specific pesticide within such area, the director or commissioner may cause all permits for applications of that pesticide within such area canceled and specify that no additional permits shall be issued therein.
Note: Authority cited: Sections 11456, 14005 and 14102, Food and Agricultural Code. Reference: Sections 11501 and 14006, Food and Agricultural Code.
s 6450. Chloropicrin and Methyl Bromide-Field Fumigation.
The provisions of this section and sections 6450.1, 6450.2, 6450.3, and 6784(b) pertain to field soil fumigation use requirements using methyl bromide, singly or in combination with chloropicrin or any other pesticide or a warning agent. For purposes of these sections, field soil fumigation does not apply to golf courses, tree holes, potting soil, raised-tarpaulin nursery fumigations of less than one acre, and greenhouses and other similar structures. Fumigation-handling activities are limited to employees involved in assisting with covering the tarpaulin at the end of the rows (shoveling); assisting in the overall operation, ensuring proper tarpaulin placement and condition, and changing cylinders (copiloting); operating tractor equipment (driving); supervising the fumigation operation; tarpaulin cutting; and tarpaulin removal prior to the expiration of the restricted entry interval.
(a) In addition to the requirements of section 6428, the operator of the property to be treated shall submit a proposed work site plan to the commissioner for evaluation at least seven days prior to submitting a notice of intent. The proposed work site plan shall include, but is not limited to, method of application to be used, acreage and identification of each application block to be treated, application rate to be used, description of the notification procedure to property operators pursuant to section 6450.1(b), description of any activities within the buffer zone(s) as specified in section 6450.2(e) and (f), description of any workday/work hour limitations and respiratory protection as specified in sections 6784(b)(2)(C) and (b)(3), and if applicable, description of the tarpaulin repair response plan, and tarpaulin removal. The commissioner shall retain the proposed worksite plan for one year after the expiration of the permit.
(b) The commissioner, pursuant to section 6432, shall evaluate local conditions and the proposed work site plan.
(c) The commissioner shall include at least the following when conditioning a permit: the buffer zone requirements, work-hour restrictions, notification requirements, any other restrictions to address local conditions, and if applicable, description of the tarpaulin repair response plan and tarpaulin removal. The commissioner shall complete the evaluation and complete conditioning the permit prior to the submission of the notice of intent.
(d) An application block shall not exceed 40 acres unless approved by the Director.
(e) Except for experimental research purposes pursuant to a valid research authorization issued according to section 6260, tarpaulins shall have a permeability factor between 5 and 8 milliliters methyl bromide per hour, per square meter, per 1,000 parts per million of methyl bromide under the tarpaulin at 30 degrees Celsius, and be approved by the Department. A list of approved tarpaulins is available from the Department.
(f) Tarpaulins shall be buried under at least four inches of firmly packed soil at the end of the rows. The tarpaulins shall remain in place for the time specified in section 6450.3.
(g) Fumigation equipment shall be operated to eliminate pesticide drip by clearing the fumigant from the injection device before it is lifted or removed from the soil.
(h) The Department, in coordination with county agricultural commissioners, shall ensure that ambient air concentrations of methyl bromide do not exceed an average daily non-occupational exposure of nine parts per billion in a calendar month.
Note: Authority cited: Sections 11456, 12976, 12981, 14005 and 14102, Food and Agricultural Code. Reference: Sections 11501, 12981, 14006 and 14102, Food and Agricultural Code.
s 6450.1. Methyl Bromide Field Fumigation Notification Requirements.
(a) Notification to the Commissioner.
(1) Notwithstanding section 6434, the operator of the property to be treated shall assure that the commissioner is notified (notice of intent) at least 48 hours prior to commencing fumigation. The notice of intent shall indicate the hour the fumigation is intended to commence and the information specified in section 6434(b).
(2) The fumigation shall not commence sooner than the intended starting time or later than 12 hours after the intended starting time specified on the notice of intent.
(3) If fumigation of an application block does not commence within the time specified in (a)(2), a new notice of intent must be submitted, but no 48-hour waiting period is needed unless required by the commissioner.
(4) For multiple application blocks to be fumigated sequentially, the commissioner may allow one notice of intent that includes an application schedule for all the application blocks in lieu of a separate notice of intent for each application block to be fumigated. The schedule must specify the date and time each application block is intended to be fumigated.
(b) Notification to Property Operators.
(1) The operator of the property to be treated shall assure that operators of the following properties within 300 feet from the perimeter of the outer buffer zone receive notification that a permit to use methyl bromide near their property has been issued by the commissioner: properties that contain schools, residences, hospitals, convalescent homes, onsite employee housing, or other similar sites identified by the commissioner. Notification shall be in writing in both English and Spanish, or by other means approved by the commissioner. The operator of the property to be treated shall assure that notification is delivered at least seven days prior to the submission of the notice of intent. The notification shall include the following information:
(A) the name of the chemical(s) to be applied;
(B) name, business address, and business telephone number of the operator of the property to be treated;
(C) name, business address, and business telephone number of the commissioner;
(D) the earliest and latest dates that the fumigation will start; and
(E) how to request subsequent notification of specific date and time of the fumigation.
(2) The operator of the property to be treated shall assure that specific notification of the date and time of the start of the fumigation and anticipated expiration of buffer zones is provided to those persons notified in (b)(1) who request specific fumigation information. This specific fumigation notification shall be provided at least 48 hours prior to starting the fumigation. If a request for specific notification is received after the submission of the notice of intent and before the fumigation begins, the specific fumigation notification shall be provided prior to starting the fumigation, but the 48-hour requirement shall not apply. If the fumigation of an application block does not commence within the time frame specified in (a)(2), then a new notification must be provided to those persons who requested the information, but the 48-hour requirement shall not apply unless required by the commissioner.
Note: Authority cited: Sections 11456, 12976, 12981, 14005 and 14102, Food and Agricultural Code. Reference: Sections 11501, 12981, 14006 and 14102, Food and Agricultural Code.
s 6450.2. Methyl Bromide Field Fumigation Buffer Zone Requirements.
(a) The commissioner shall approve buffer zone sizes and durations based upon local conditions. The commissioner shall rely upon the information provided in Methyl Bromide Field Fumigation Buffer Zone Determination, Est. 2/04, hereby incorporated by reference, to condition restricted material permits, unless the commissioner determines based on other information that a deviation from the information in Methyl Bromide Field Fumigation Buffer Zone Determination, Est. 2/04, can be made in a way that assures equal or less exposure. At no time shall the inner buffer zone be less than 30 feet, and the outer buffer zone be less than 60 feet, or the buffer zone durations be less than 36 hours.
(b) The operator of the property to be treated shall assure that all buffer zone distances are measured from the perimeter of the application block.
(c) The buffer zone restrictions shall begin at the start of fumigation. The buffer zone restrictions shall remain in effect for at least 36 hours after the completion of the injection to the application block.
(d) Two buffer zones, an inner and outer for each application block, shall be approved by the commissioner after the proposed work site plan is submitted.
(e) Inner Buffer Zone Restrictions.
(1) The inner buffer zone shall be at least 30 feet.
(2) The operator of the property to be treated shall assure that no persons are allowed within the inner buffer zone except to transit and perform fumigation-handling activities.
(3) The inner buffer zone shall not extend into adjoining property except as provided below:
(A) The inner buffer zone may extend into adjoining agricultural property if the adjoining property operator gives written permission and allows the operator of the property to be treated to post the inner buffer zone boundary on the adjoining property with signs. If such written permission is given, the operator of the property to be treated shall assure that:
1. the inner buffer zone boundaries on the adjoining property are posted with signs while the buffer zone is in effect; and
2. the signs are posted so that the wording is clearly visible, to persons with normal vision, from a distance of 25 feet and shall contain the following words: "METHYL BROMIDE INNER BUFFER ZONE" and "KEEP OUT" and "NO ENTRE"; and
3. the signs are posted at intervals not exceeding 200 feet.
(B) With approval from the commissioner, the inner buffer zone may extend across sites only where transit activities may occur, including streets, roads, roads within agricultural property, highways, and other similar sites of travel. Written permission and posting requirements in 6450.2(e)(3)(A) shall not apply.
(f) Outer Buffer Zone Restrictions.
(1) The outer buffer zone shall be at least 60 feet.
(2) The operator of the property to be treated shall assure that no persons are allowed within the outer buffer zone except to transit, perform fumigation-handling activities, and commissioner-approved activities as identified in the restricted materials permit conditions. In no instance shall persons be allowed within the outer buffer zone for more than 12 hours in a 24-hour period.
(3) The outer buffer zone may extend into other properties with permission from the operators of these other properties. In no instances shall the outer buffer zone contain occupied residences or occupied onsite employee housing while the outer buffer zone is in effect. The outer buffer zone shall not extend into properties that contain schools, convalescent homes, hospitals, or other similar sites determined by the commissioner.
(4) The outer buffer zone may extend across roads, highways, or similar sites of travel or sites approved by the commissioner.
(g) The operator of the property to be treated shall assure that the operator of the other properties specified in (e)(3)(A) and (f)(3) above notify the following persons that a buffer zone(s) has been established on the property: onsite employees, including those of a licensed pest control business or farm labor contractor. The notice to employees shall be given prior to the commencement of the employee's work activity. Notification to farm labor contractor employees may be done by giving written notice to the farm labor contractor, who shall then give the notice to the employee. Employee notification shall be in a manner the employee can understand, and include information required in section 6450.1(b)(2).
(h) The operator of the property to be treated shall assure that specific notification of the date and time of the start of the fumigation and anticipated expiration of buffer zones is provided to the other property operator, if the operator of the other property is required to notify his/her employees as specified in (g). This specific fumigation notification shall be provided to the other property operator at least 48 hours prior to starting the fumigation. If the fumigation of an application block does not commence within the time frame specified in 6450.1(a)(2), then a new notification must be provided to the other property operator specified in (e)(3)(A) and (f)(3), but the 48-hour requirement shall not apply unless required by the commissioner.
(i) When a school property is within 300 feet of the perimeter of the outer buffer zone, the injection shall be completed no less than 36 hours prior to the start of a school session. School session shall be those times when students are attending scheduled classes.
Note: Authority cited: Sections 11456, 12976, 12981, 14005 and 14102, Food and Agricultural Code. Reference: Sections 11501, 12981, 14006 and 14102, Food and Agricultural Code.
s 6450.3. Methyl Bromide Field Fumigation Methods.
(a) The fumigation shall be made only in accordance with the following restrictions, except for experimental research purposes pursuant to a valid research authorization issued according to section 6260.
(1) Nontarpaulin/Shallow/Bed
(A) Application rate shall not exceed 200 pounds of methyl bromide per acre.
(B) The application tractor shall be equipped with an air fan dilution system.
(C) Rearward-curved (swept-back) chisels shall be used with:
1. closing shoes and bed-shaper, or closing shoes and compaction roller; and
2. chisel injection points positioned beneath and ahead of the closing shoes.
(D) Injection depth shall be between 10 and 15 inches. The injection depth to preformed beds must not be below the bed furrow.
(E) Injection spacing shall be 40 inches or less.
(F) The soil shall not be disturbed for at least three days (72 hours) following completion of injection to the application block.
(G) The application block restricted-entry interval shall be three days.
(2) Nontarpaulin/Deep/Broadcast
(A) Application rate shall not exceed 400 pounds of methyl bromide per acre.
(B) Forward-curved chisel shall be used with:
1. An application tractor equipped with an air fan dilution system, and the injection depth shall be at least 20 inches; or
2. Closing shoes and compaction roller and the injection depth shall be at least 24 inches.
(C) Injection spacing shall be 68 inches or less.
(D) The soil shall not be disturbed for at least four days (96 hours) following completion of injection to the application block.
(E) The application block restricted-entry interval shall be four days.
(3) Tarpaulin/Shallow/Broadcast
(A) Application rate shall not exceed 400 pounds of methyl bromide per acre.
(B) Application shall be made using either:
1. An application tractor equipped with an air fan dilution system, and with a plow consisting of horizontal v-shaped blades mounted by a vertical arm to the tool bar. The fumigant shall be injected laterally beneath the soil surface; or
2. Rearward-curved (swept-back) chisels, closing shoes, and compaction roller shall be used.
(C) Injection depth shall be between 10 and 15 inches.
(D) Injection spacing shall be 12 inches or less.
(E) The tarpaulin shall be laid down simultaneously (with fumigant injection) by tarpaulin-laying equipment mounted on the application tractor.
(F) The tarpaulin shall not be cut until a minimum of five days (120 hours) following completion of injection to the application block. The tarpaulin shall be cut pursuant to section 6784(b)(4).
(G) Tarpaulin removal shall begin no sooner than 24 hours after tarpaulin cutting has been completed.
(H) The application block restricted-entry interval shall end at completion of tarpaulin removal, and shall be at least six days.
(4) Tarpaulin/Shallow/Bed
(A) Application rate shall not exceed 250 pounds of methyl bromide per acre.
(B) Rearward-curved (swept-back) chisels shall be used with either:
1. Closing shoes and compaction roller. The closing shoes shall cover the chisel marks with soil just ahead of the compaction roller, and the tarpaulin shall be laid down simultaneously (with fumigant injection) by tarpaulin-laying equipment mounted on the application tractor; or
2. Bed shaper. The chisels shall be placed with the injection point under the bed shaper, and the tarpaulin shall be laid down simultaneously (with fumigant injection) by tarpaulin-laying equipment mounted on the application tractor; or
3. Combination bed former and bed shaper. The chisels shall be placed between the bed former and the bed shaper. The tractor with the tarpaulin-laying equipment shall immediately follow the application tractor.
(C) Injection depth shall be between 6 and 15 inches. The injection depth to preformed beds must not be below the bed furrow.
(D) Injection spacing shall be 12 inches or less.
(E) The tarpaulin shall not be cut until at least five days (120 hours) following completion of injection to the application block.
(F) If tarpaulins are removed before planting, tarpaulin removal shall begin no sooner than 24 hours after tarpaulin cutting has been completed. The application block restricted-entry interval shall end at completion of tarpaulin removal, and shall be at least six days.
(G) If tarpaulins are not to be removed before planting, the application block restricted-entry interval shall either:
1. consist of the five-day period described in subsection (E) plus an additional 48 hours after holes have been cut for planting, or
2. be at least 14 days. If this option is chosen, the methyl bromide air concentration underneath the tarpaulin must test less than five parts per million before planting begins.
(5) Tarpaulin/Deep/Broadcast
(A) Application rate shall not exceed 400 pounds of methyl bromide per acre.
(B) Forward-curved chisels shall be used with either:
1. An air fan dilution system on the application tractor; or
2. Closing shoes and compaction roller.
(C) Injection depth shall be at least 20 inches.
(D) Injection spacing shall be 66 inches or less.
(E) The tarpaulin shall be laid down simultaneously (with fumigant injection) by tarpaulin-laying equipment mounted on the application tractor.
(F) The tarpaulin shall not be cut until at least five days (120 hours) following completion of injection to the application block. The tarpaulin shall be cut pursuant to section 6784(b)(4).
(G) Tarpaulin removal shall begin no sooner than 24 hours after tarpaulin cutting has been completed.
(H) The application block restricted entry interval shall end at completion of tarpaulin removal, and shall be at least six days.
(6) Drip System - Hot Gas
A hot gas application through a subsurface drip irrigation system to tarpaulin-covered beds may be used if all of the following criteria are met:
(A) Application rate shall not exceed 225 pounds of methyl bromide per acre.
(B) The fumigant shall be injected beneath the soil surface at a minimum depth of one inch.
(C) The portion of the drip system used in the fumigation shall be physically disconnected from the main water supply during the fumigation to prevent possible contamination of the water supply.
(D) All fittings and emitters underneath the tarpaulin shall be buried in the soil to a minimum depth of one inch.
(E) Prior to the start of the fumigation, all drip tubing shall be checked for blockage, and the irrigation system connections and fittings checked for blockage and leaks using pressurized air and/or water. The end of each drip tubing shall be placed under the tarpaulin prior to introduction of fumigant.
(F) The tarpaulin shall be placed and inspected for tears, holes, or improperly secured edges prior to fumigating. Repairs and adjustments shall be made before the fumigation begins.
(G) Prior to the start of the fumigation, all fittings above ground and outside of the tarpaulin shall be pressure-tested with compressed air, water, or nitrogen gas to a maximum pressure of 50 pounds per square inch. A soap solution shall be used to check the fittings for leaks if using air or nitrogen. All apparent leaks shall be eliminated prior to the fumigation. All drip tubing with emitters connected to the distribution manifold not covered by the tarpaulin shall be sealed to prevent fumigant loss through the emitters.
(H) Prior to introducing the fumigant, the drip system shall be purged of water by means of pressurized gas, such as CO2 or nitrogen.
(I) The drip system shall be purged prior to disconnecting any line containing the fumigant.
(J) After purging, drip tubing shall be pinched off and then disconnected from the distribution manifold. All disconnected tubing leading into the treated field shall be secured to prevent gas from escaping.
(K) All fittings used for connecting or disconnecting the heat exchanger to the irrigation system manifold shall be of a positive shut-off design.
(L) All persons shall wear the eye protection specified on the label when working with a manifold system or tubing containing the fumigant under pressure.
(M) The entire fumigation system (heater, valves, and manifold) shall be purged of the fumigant at the end of each day's fumigation.
(N) The tarpaulin shall not be cut until at least five days (120 hours) following completion of injection to the application block.
(O) If tarpaulins are removed before planting, tarpaulin removal shall begin no sooner than 24 hours after tarpaulin cutting has been completed. The application block restricted-entry interval shall end at completion of tarpaulin removal and shall be at least six days.
(P) If tarpaulins are not to be removed before planting, the application block restricted-entry interval shall either:
1. consist of the five-day period described in subsection (N) plus an additional 48 hours after holes have been cut for planting, or
2. be at least 14 days. If this option is chosen, the methyl bromide air concentration underneath the tarpaulin must test less than five parts per million before planting begins.
(b) Notwithstanding section 6770, the operator of the property shall assure that only persons performing fumigation-handling activities are allowed in an application block before the restricted entry interval expires. Persons performing activities other than tarpaulin cutting, removal, and repair described in sections 6784(b)(3), (4) and (5) shall wear a full-face respirator that meets the requirements of section 6784(b)(2)(C).
Note: Authority cited: Sections 11456, 12976, 12981, 14005 and 14102, Food and Agricultural Code. Reference: Sections 11501, 12981, 14006 and 14102, Food and Agricultural Code.
s 6452. Chloropicrin and Methyl Bromide -Nursery and Commodity Fumigation.
(a) When chloropicrin or methyl bromide is used, singly or in combination, to treat nursery potting soils or soil mixes, nursery stock, and other agricultural commodities, appliances, or equipment, it shall be done in a properly sealed fumigation chamber, railroad car, or truck trailer, or under a gas confining tarp approved by the commissioner or director. The commissioner or director may specify the fumigation period. Injection shall be made in a manner that minimizes gas loss.
(b) When chloropicrin or methyl bromide is applied singly or in combination, the commissioner or director may require the treatment site or fumigation chamber to be posted and attended for a specified time after application.
Note: Authority cited: Sections 11456, 12976, 12981, 14005 and 14102, Food and Agricultural Code. Reference: Sections 11501, 12981, 14006 and 14102, Food and Agricultural Code.
s 6454. Chloropicrin and Methyl Bromide -Structural Fumigation.
This section supplements the methyl bromide fumigation requirements found in the Business and Professions Code and Title 16 of the California Code of Regulations, as well as directions for use given on methyl bromide product labeling.
(a) When fumigating a structure, the fumigator shall ensure that the distance between the fumigated structure and its property line shall meet the following criteria and that no person, other than the fumigation crew, enters the area prescribed in either (1), (2), or (3) below during the treatment period:
(1) For fumigations utilizing 50 pounds of methyl bromide or less, a distance of at least five (5) feet must exist; or
(2) For fumigations utilizing more than 50 pounds, but less than 80 pounds, a distance in feet calculated using the following formula must exist:
5 times the total poundage of methyl bromide minus 240 feet; or
(3) For fumigations utilizing 80 pounds or more, a distance in feet equal to two (2) times the total poundage of methyl bromide applied must exist.
(b) Structures shall be covered with the required tarpaulins or sealed prior to fumigation. The "acceptable" tarpaulin used in fumigations shall be vinyl coated with a minimum weight of seven (7) ounces per square yard (or having a fumigant retention capability equal to or greater than that provided by the seven-ounce weight tarpaulin). The vinyl coating shall not be worn, cracked, abraded, or similarly damaged to the extent that any of the underlying fabric shows through the vinyl coating.
(c) All cuts, tears, holes, or similar damage to tarpaulins shall be repaired prior to introduction of the fumigant. Temporary repairs to damaged tarpaulins shall be made with vinyl coated self-adhesive tape, or the damaged area of the tarpaulin may be rolled and clipped so the tarpaulin's fumigant gas retention capability is maintained.
(d) Fumigators shall use the fumigant retention method specified in the table below for the application rate and poundage combinations utilized in the fumigation:
Methyl Bromide Total Pounds of Methyl Fumigant Retention Method
Application Rate Per Bromide Applied in a
1,000 Cubic Feet of 24-hour Period
Structure
Up to 0.5 pounds Not more than 20 pounds "acceptable" tarpaulin
------------------- ---------------------
More than 20 pounds, but "acceptable" tarpaulin, or if
less than 1,000 pounds the structure is a concrete
tilt-up, seal with vinyl
coated self-adhesive tape
More than 0.5 pounds Not more than 50 pounds "acceptable" tarpaulin and a
Up to 1.5 pounds side drape of either: (1) an
"acceptable" tarpaulin or (2)
an unused 4-mil disposable
polyethylene sheet
------------------- ---------------------
More than 50 pounds, but "acceptable" tarpaulin, or if
less than 1,000 pounds the structure is a concrete
tilt-up, seal with vinyl
coated self-adhesive tape
More than 1.5 pounds Not more than 50 pounds "acceptable" tarpaulin and a
Up to 3.0 pounds side drape of one unused
4-mil disposable
polyethylene sheet
------------------- ---------------------
More than 50 pounds, but "acceptable" tarpaulin, or if
less than 1,000 pounds the structure is a concrete
tilt-up, seal with vinyl
coated self-adhesive tape
(e) When tarpaulins are used, all sides of the structure shall be draped to the ground. Sand snakes, water snakes, or similar weights shall be used to seal the base of the tarpaulins to the ground. Prior to the placement of these snakes or weights, the soil adjacent to the structure foundation shall be thoroughly watered.
(f) Chloropicrin shall be used as a warning agent when fumigating a structure unless specifically prohibited by regulations or product labeling.
(g) A fan shall be used to disperse chloropicrin and methyl bromide within the structure. Chloropicrin shall be released into the airstream of the fan when it is introduced (either by itself or in combination with methyl bromide).
(h) Aeration of the fumigated structure shall not begin earlier than one hour after sunrise or later than one hour before sunset. The sunrise and sunset times published in the local newspaper shall be used to establish aeration timing.
(i) Following treatment, the fumigated structure shall be aerated through convection tubing or ducting. Except as provided in subsection (j), the convection tubing or ducting outlet shall be located above the highest point of the roof as follows:
(1) Six (6) feet for fumigations utilizing 50 pounds of methyl bromide or less; or
(2) Ten (10) feet for fumigations utilizing more than 50 pounds of methyl bromide.
(j) If any nearby structure is taller than the fumigated structure and the distance between the structures is equal to or less than the distance indicated in the following table, the convection tubing or ducting outlet shall be located as high as the top of the roof of the tallest structure.
Total Pounds of Convective Tubing or Ducting Outlet Must Be
Methyl Bromide Applied As High As the Tallest Structure Within:
1-14 50 ft.
15-24 75 ft.
25-32 100 ft.
33-40 125 ft.
41-50 150 ft.
51-60 175 ft.
61-99 200 ft.
100-1,000 A distance in footage equal to 2 times
the pounds of methyl bromide used
(k) When aerating a fumigated structure, a licensed Branch 1 operator or field representative shall ensure, from the initiation of the aeration procedure to completion of the steps described in (n) of this section, that persons not involved in the aeration process do not come within:
(1) Ten (10) feet of the fumigated structure, for fumigations utilizing 50 pounds of methyl bromide or less; or
(2) For fumigations utilizing more than 50 pounds but less than 80 pounds, a distance in feet calculated using the following formula must exist:
5 times the total poundage of methyl bromide minus 240 feet; or
(3) The number of feet equaling two (2) times the pounds of methyl bromide used for fumigations utilizing more than 80 pounds.
( l ) Exhaust fans and convection tubing or ducting may be installed prior to aeration or when covering the structure with tarpaulins in preparation for fumigation. The exhaust fans, convection tubing, and installation of the fans and tubing shall meet the following requirements:
(1) Each exhaust fan shall have a capacity of at least 5,000 cubic feet per minute (cfm).
(2) Convection tubing or ducting shall be large enough to fit over the exhaust fan housing and shall be securely attached to the housing prior to aeration.
(3) Exhaust fans and convection tubing shall be installed in a manner which does not present a hazard to workers and the public.
(m) If exhaust fans and convection tubing or ducting are installed after the fumigation has begun, the installer shall wear self-contained breathing apparatus (SCBA) respiratory protection.
(n) The methyl bromide concentration shall be measured at the approximate center of the structure with a FumiscopeŽ, or similar instrument, that shall be located outside of the fumigated structure. (An instrument similar to a FumiscopeŽ may be used provided it can measure methyl bromide concentrations at the one ounce per 1,000 cubic feet [250 ppm] level.) Without entering the structure, the fumigator shall collect the methyl bromide sample for measurement through the use of tubing or ducting placed inside the structure and connected to the analytical instrument prior to the initiation of fumigation. The structure shall be aerated until the methyl bromide concentration has been reduced to 250 ppm or less (250 ppm is about one ounce per thousand cubic feet) while following the requirements listed below:
(1) If the fumigated structure's windows were left open during the fumigation, the structure shall be aerated through convection tubing or ducting until the methyl bromide concentration is 250 ppm or less with the tarpaulins left in place; or
(2) If the fumigated structure's windows were closed during the fumigation:
(A) The space between the fumigated structure and the tarpaulin shall be aerated prior to tarpaulin removal through convection tubing or ducting.
(B) After the tarpaulins are removed, the fumigated structure shall be aerated through convection tubing or ducting until the methyl bromide concentration is 250 ppm or less.
Note: Authority cited: Sections 11456, 12976, 12981, 14005 and 14102, Food and Agricultural Code. Reference: Sections 11501, 12981, 14006 and 14102, Food and Agricultural Code.
s 6455. Sulfuryl Fluoride -Structural Fumigation, Aeration, and Reentry.
Note: Authority: Sections 12976, 12981, 14005, 14102 and 15203, Food and Agricultural Code. Reference: Sections 11501, 12981, 14006 and 14102, Food and Agricultural Code.
s 6456. Sodium Arsenite.
Note: Authority cited: Sections 407, 12976, 12981, 14005 and 14102, Food and Agricultural Code. Reference: Sections 11501, 12981, 14006 and 14102, Food and Agricultural Code.
s 6457. Bentazon (Basagran).
In addition to the restrictions specified in sections 6487.1, 6487.2, 6487.3, and 6487.4, the following restrictions apply for agricultural, outdoor institutional, and outdoor industrial uses of bentazon for the purpose of ground water protection:
(a) Bentazon shall not be applied in Del Norte or Humboldt Counties.
(b) Bentazon shall not be used in the production of rice.
Note: Authority cited: Sections 11456, 12976, 13145, 14005 and 14006, Food and Agricultural Code. Reference: Sections 13145, 13150 and 14006, Food and Agricultural Code.
s 6458. Aldicarb.
(a) The amount of pesticides containing aldicarb that may be applied to the following crops shall not exceed:
Stage of Growth Pounds of 15G/ Ounces 15G/1000
Crop of Crop Acre/Applicati- Feet of Row
on
(1) Cotton 40 " row spacing
At Planting 7 8.5
At First Squaring 14 17
From Squaring Through 14 17
Early Bloom
(Do not exceed a total of 21 pounds
per acre)
(2) Potatoes 34 " row spacing
At Planting 14 or 14.5
After Planting 14 14.5
(3) Sugar beets 22 " row spacing
At Planting or Within 14 9.5
One Week Before
Planting
Postemergence 14 9.5
(Do not exceed a total of 28 pounds
per acre)
(4) Dried Beans 22-48 " row spacing
7 7.5
(5) Citrus 33 N/A
Pounds of 10G/ Ounces 10G/1000
Acre/Applicati- Square Feet
on
(6) Ornamentals 50 20
or Pounds of
10G/1000 Linear
Feet 42 " row
spacing 4
(Do not exceed
50 pounds per
acre per
year)
(b) Pesticides containing aldicarb shall not be applied to cotton, potatoes, sugar beets, dried beans, citrus, or field-grown ornamentals from September 1 to March 1 of each year.
Note: Authority cited: Sections 12781 and 12976, Food and Agricultural Code. Reference: Sections 12976 and 13150, Food and Agricultural Code.
s 6460. Drift Control.
Unless expressly authorized by permit issued pursuant to section 6412, no liquid Dicamba, 2,4-dichlorophenoxyacetic acid, 2,4-dichlorophenoxybutric acid, 2,4-dichlorophenoxypropionic acid, 2-methyl-4-chlorophenoxyacetic acid, or Propanil herbicide shall be:
(a) Discharged more than ten feet above the crop or target. Discharge shall be shut off whenever it is necessary to raise the equipment over obstacles such as trees or poles.
(b) Applied when wind velocity is more than ten miles per hour.
(c) Applied by aircraft except as follows:
(1) The flow of liquid to aircraft nozzles shall be controlled by a positive shutoff system as follows:
(A) each individual nozzle shall be equipped with a check valve and the flow controlled by a suckback device or a boom pressure release device; or
(B) Each individual nozzle shall be equipped with a positive action valve.
(2) Aircraft nozzles shall not be equipped with any device or mechanism which would cause a sheet, cone, fan, or similar type dispersion of the discharged material except as otherwise provided.
(3) Aircraft boom pressure shall not exceed 40 pounds per square inch.
(4) Aircraft nozzles shall be equipped with orifices directed backward parallel to the horizontal axis of the aircraft in flight.
(5) Fixed wing aircraft and helicopters operating in excess of 60 miles per hour shall be equipped with jet nozzles having an orifice of not less than 1/16 inch in diameter.
(6) Helicopters operating at 60 miles per hour or less shall be equipped with:
(A) Nozzles having an orifice not less than 1/16 inch in diameter. A number 46 (or equivalent) or larger whirlplate may be used; or
(13) Fan nozzles with a fan angle number not larger than 80 degrees and a flow rate not less than one gallon per minute at 40 pounds per square inch pressure (or equivalent); or
(B) The Microfoil (R) boom (a coordinated spray system including airfoil-shaped nozzles with each orifice not less than 0.013 inches in diameter) or equivalent type approved by the director. Orifices shall be directed backward parallel to the horizontal axis of the aircraft in flight.
(d) Applied by ground equipment except as follows:
(1) Ground equipment other than handguns shall be equipped with:
(A) Nozzles having an orifice not less than 1/16 inch in diameter or equivalent, and operated at a boom pressure not to exceed 30 pounds per square inch; or
(B) Low pressure fan nozzles with a fan angle number not larger than 80 degrees and fan nozzle orifice not smaller than 0.2 gallon per minute flow rate or equivalent, and operated at a boom pressure not to exceed 15 pounds per square inch.
Note: Authority cited: Sections 12781, 12972, 12976, 14001, 14005 and 14102, Food and Agricultural Code. Reference: Sections 11501, 14006, 14033 and 14102, Food and Agricultural Code.
s 6462. Propanil.
The provisions of this section apply to propanil used in Butte, Colusa, Glenn, Placer, and Yuba Counties; the portion of Sutter County situated north of Sankey Road; and the portion of Yolo County situated north of State Highway 16.
(a) No emulsifiable concentrate formulation shall be applied.
(b) Applications using aircraft shall be made in accordance with the following requirements:
(1) Aerial applications shall not be made within four miles of cultivated commercial plantings of prunes.
(2) No more than 720 acres may be treated by aircraft within each county per day.
(3) Each operating aircraft nozzle shall produce a droplet size, in accordance with the manufacturer's specifications, not less than 600 microns volume median diameter (Dv0.5) with not more than ten percent of the diameter by volume (Dv0.1) less than 200 microns. (continued)