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(continued)
(c) Notwithstanding (b)(1), the Butte county agricultural commissioner may allow the California Rice Research Station to make aerial applications within four miles of cultivated commercial plantings of prunes according to a work plan submitted to and approved by the Butte county agricultural commissioner. The work plan shall include: the largest individual site that may be treated per application; total acres that may be treated per day which shall not exceed 45 acres; the minimum distance that must be maintained from cultivated commercial plantings of prunes and the application site; and any additional procedures to protect cultivated commercial plantings of prunes within four miles of the application site.
(d) Applications using ground equipment shall be made in accordance with the following requirements:
(1) Ground applications shall not be made within one mile of cultivated commercial plantings of prunes, except as provided in (A) and (B) below.
(A) The commissioner may allow applications to be made to sites not less than one-half mile from cultivated commercial plantings of prunes if the following requirements are met:
1. Prior to the application, the operator of the property shall provide to the commissioner a recommendation written by a licensed pest control adviser stating there are no other feasible pest management alternatives;
2. Onsite monitoring of wind speed and wind direction shall be conducted by the applicator in a manner approved by the commissioner throughout the entire application. A record of recorded data shall be retained for one year; and
3. A positive airflow away from cultivated commercial plantings of prunes is present throughout the entire application.
(B) The commissioner may allow applications to be made to sites less than one-half mile from cultivated commercial plantings of prunes when the following requirements are met in addition to the requirements of (A):
1. The commissioner shall provide onsite monitoring of all applications.
2. The commissioner shall provide for notice to, and opportunity to comment by, any owner of cultivated commercial plantings of prunes within one-half mile of the application.
(2) Each operating nozzle shall produce a droplet size, in accordance with the manufacturer's specifications, not less than 500 microns volume median diameter (Dv0.5) with not more than ten percent of the diameter by volume (Dv0.1) less than 200 microns.
Note: Authority cited: Sections 11456, 12781, 14001, 14005 and 14102, Food and Agricultural Code. Reference: Sections 14006 and 14007, Food and Agricultural Code.
s 6464. Phenoxy and Certain Other Herbicides.
(a) The provisions of this subsection apply to Dicamba, 2,4- dichlorophenoxyacetic acid, 2,4-dichlorophenoxybutric acid, 2,4- dichlorophenoxypropionic acid, 2-methyl-4-chlorophenoxyacetic acid, and Propanil herbicides when used in the Central Valley below one thousand feet elevation during the period beginning March 16 and continuing through October 15 of each calendar year. The boundary of this area through the Sacramento-San Joaquin Delta where the elevation does not reach 1,000 feet is as follows: Commencing from the point where Bailey Road intersects 1,000 feet elevation in Contra Costa County, thence north along Bailey Road to its intersection with Highway 4, thence west along Highway 4 or its intersection with Highway 680, thence north along Highway 680 to its intersection with Highway 80, thence northeast along Highway 80 to its intersection with Highway 505, thence north along Highway 505 to its intersection with the Solano-Yolo County line, thence west along the Solano-Yolo County line to its intersection with 1,000 feet elevation.
(1) A smoke column or other device satisfactory to the commissioner shall be employed at the time and place of air applications to indicate to the pilot of the aircraft temperature inversions and the direction and velocity of the air flow; and
(2) Unless expressly authorized by permit no herbicide in an ester form shall be applied.
(b) The requirements of this subsection apply to Dicamba, 2,4- dichlorophenoxyacetic acid, 2,4-dichlorophenoxybutric acid, 2,4- dichlorophenoxypropionic acid, 2-methyl-4-chlorophenoxyacetic acid, and Propanil herbicides during the period beginning March 16 and continuing through October 15 of each calendar year when used in the following areas:
(1) That portion of Sacramento County bounded by a line beginning at the junction of the Mokelumne River and Georgianna Slough; thence in a northerly direction following the meanderings of the Georgianna Slough to its junction with the Sacramento River near Walnut Grove; thence northwesterly along the Sacramento River to the junction of the north end o Randall Island and the north end of Snodgrass Slough; thence southeasterly along Snodgrass Slough to a point 1.0 miles due north of Lambert Road (first Standard Parallel north) which is the common boundary line between Section 27 and 34, T6N-R4E; thence due east along said line to its intersection with the Southern Pacific Railroad tracks; thence southerly along the Southern Pacific Railroad tracks to its intersection with Lambert Road (first Standard Parallel north); thence easterly along Lambert Road to its intersection with Franklin Boulevard, then southerly along Franklin Boulevard to its intersection with Twin Cities Road; thence easterly along Twin Cities Road to its intersection with the Southern Pacific Railroad Tracks (Amador Branch); thence northeasterly along said tracks to their intersection with the first Standard Parallel north; thence easterly along the first Standard Parallel north to its intersection with the Sacramento-Amador County line; thence southerly along the Sacramento-Amador County line to its junction with the Sacramento-Amador-San Joaquin County lines; thence westerly along the Sacramento-San Joaquin County line to the point of beginning.
(2) All of Madera County west and south of a line beginning at the east boundary of Range 17 east and the Madera County-Merced County boundary line, thence south to the northwest corner of Section 30, Township 9 South, Range 18 east, thence east to the northeast corner of Section 28, Township 9 south, Range 18 east, thence south to the intersection of the Madera Canal in the northeast 1/4 of Section 9, Township 10 south, Range 18 east, thence southeasterly along the Madera Canal to the northeast corner of Section 1, Township 11 south, Range 19 east, thence east along the north boundary line of Township 11 south, to the Madera County-Fresno County boundary line.
(3) All of Fresno County lying west of a line beginning at Friant Dam and continuing southeasterly along the Friant-Kern Canal its point of intersection with the north boundary of Section 29, Township 13 south, Range 23 east, thence due east along said boundary line projected to its intersection with the east boundary of Township 13 south, Range 24 east; then south along said east boundary of Township 13 south, Range 24 east and continuing south along the east boundary of Township 14 south, Range 24 east to the county boundary line.
(4) All of Kings County.
(5) All of Tulare County lying west of a line drawn southeasterly from the northwest corner of Township 15 south, Range 25 east on the Fresno-Tulare County line to the southeast corner of Township 17 south, Range 27 east; thence due south along said east boundary of Range 27 east to the Kern County boundary line.
(6) Those portions of Kern County described as follows: (A) All of Kern County lying west of a line commencing at a point on Tulare-Kern County line at the northwest corner of Section 6, Township 25 south, Range 31 east; thence south along the west boundary of Range 31 east to the south boundary of Township 32 south, Range 31 east; thence continuing due south to the Los Angeles County line. (B) Rosamond Area. Includes all of Township 9 north, Range 14 west, Township 9 north, Range 13 west, and Township 9 north, and Range 12 west.
(7) A permit authorizing use shall show the application site(s) for which it is valid, except that a permit need not show the application site(s) if a notice of intent to apply pesticide is required to be filed previous to any application. The commissioner may require that any application be made only under his direct supervision.
(8) No application shall be made on any area situated within two miles of any cultivated commercial vineyard or cotton planting belonging to any person other than the owner of the property being treated unless there is a continuous air flow away from such planting, but in no case shall any application be made within one-half mile of such plantings.
(9) No application shall be made by aircraft, nor shall aircraft be loaded except as follows:
(A) Within Sacramento County.
(B) During the period beginning March 16 and continuing through March 31 within the counties of Fresno, Kern, Kings, and Tulare.
(10) The provisions of paragraphs (8) and (9) shall not apply to Dicamba or Propanil herbicides.
(c) The provisions of this subsection apply to Dicamba, 2,4- dichlorophenoxyacetic acid, 2,4-dichlorophenoxybutric acid, 2,4- dichlorophenoxypropionic acid, 2-methyl-4-chlorophenoxyacetic acid, or Propanil herbicides during the period beginning March 16 and continuing through October 15 of each calendar year when used in that portion of San Joaquin County bounded by a line beginning at the intersection of Sacramento, San Joaquin and Amador Counties; thence southerly along the San Joaquin County line to State Highway 88; thence southwesterly along Highway 88 to its intersection with State Highway 12; thence westerly along Highway 12 and 88 to the intersection of Clements Road to its intersection with an imaginary easterly extension of Eight Mile Road from its junction with the Calaveras River; thence west along this extension to Eight Mile Road; then west along Eight Mile Road to Thornton Road; thence south on Thornton Road to its intersection with Disappointment Slough; thence westerly along Disappointment Slough to the southeast corner of Bishop Tract; thence westerly along the southern edges of Bishop Tract, King Island, and Empire Tract; thence northerly along the west edge of Empire Tract to the southeast corner of Bouldin Island; thence along the southern and western edges of Bouldin Island to the intersection of San Joaquin, Contra Costa, and Sacramento Counties; thence northerly and easterly along the San Joaquin-Sacramento County line to the point of beginning.
(1) No application shall be made when wind velocity is less than 2 miles per hour or greater than 7 miles per hour.
(2) No herbicide in an ester form shall be applied.
(3) A permit authorizing use shall show the application site(s) for which it is valid, except that a permit need not show the application site(s) if a notice of intent to apply pesticides is required to be filed previous to any application.
(4) No application shall be made on any area situated within two miles of any cultivated commercial vineyard belonging to any person other than the owner of the property being treated; that existed prior to May 1, 1978.
(5) No application shall be made by aircraft; nor shall aircraft be loaded except as follows:
(A) Within that portion of San Joaquin County described as the entire areas of Empire Tract, King Island, Bishop Tract, and Rio Blanco Tract, the eastern boundary line of which begins on Atherton Levee Road at the confluence of Disappointment Slough and the dredger cut, located approximately one-half mile west of Interstate Highway 5 Pixley Slough Bridge 29-200 L; and thence running northerly along the State of California borrow pit to its meeting with the easterly end of White Slough subject to the following restriction:
1. The commissioner may require that all applications be made under the direct supervision of the commissioner's representative.
(B) Within the entire area of Staten Island and Bouldin Island subject to the following restrictions:
1. The commissioner may require that all applications be made under the direct supervision of the commissioner's representative.
2. A drift reducing agent shall be added to the spray mixture.
3. Only one aircraft shall spray at a given time on each of the two islands.
(6) The provisions of subsections (4) and (5) shall not apply to Propanil herbicides.
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 6466. Paraquat.
The aerial application of paraquat for preplant or preemergence weed control shall be made only in accordance with the following restrictions:
(a) Jet nozzles having an orifice of not less than 1/16 inch in diameter shall be used with such orifices directed backward parallel to the horizontal axis of the aircraft in flight. A number 46 (or equivalent) or larger whirlplate may be used.
(b) Boom pressure shall not exceed 40 pounds per square inch.
(c) Spray material shall not be discharged at a height of more than ten (10) feet above the crop or target.
(d) Wind velocity shall not exceed 10 miles per hour.
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 6467. Folpet.
Note: Authority cited: Sections 407, 12976, 12981 and 14006, Food and Agricultural Code. Reference: Sections 11501, 12981 and 14006, Food and Agricultural Code.
s 6468. 1,3-Dichloropropene and Ethylene Dibromide.
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 6469. Propargite (Omite, Comite).
Note: Authority cited: Sections 407, 12976, 12981 and 14005, Food and Agricultural Code. Reference: Sections 11501, 12981 and 14006, Food and Agricultural Code.
s 6470. Cotton Harvest Aids.
S,S,S-tributyl phosphorotrithioate (DEF), tributyl phosphorotrithioite (Folex), or paraquat when used as cotton harvest aids, singly or in combination, shall be used only in accordance with the following restrictions:
(a) (1) Closed systems as specified in subsection 2476(b) shall be used for all mixing and transfers conducted by an employee.
(2) Paraquat applications shall not be made within 1/8 mile of any school or any area zoned as residential where people are actually residing or other inhabited residential area designated by the commissioner.
(3) DEF or Folex applications shall not be made within 1/2 mile of any area zoned as residential where people are actually residing or other inhabited residential area designated by the commissioner or any school in session or due to be in session within 24 hours.
(4) DEF or Folex applications shall not in any case be made within 1/8 mile of any school.
(b) (1) Jet nozzles having an orifice of not less than 1/16 inch in diameter shall be used on aircraft with such orifices directed backward parallel to the horizontal axis of the aircraft in flight. A number 46 (or equivalent) or larger whirlplate may be used.
(2) Aircraft nozzles shall not be equipped with any device or mechanism which would cause a sheet, fan, cone, or similar type dispersion of the discharged material.
(3) Aircraft boom pressure shall not exceed 40 pounds per square inch.
(4) These cotton harvest aids shall be applied by aircraft only in combination with a viscoelastic thickening agent or other drift control agent approved as effective for such purposes by the Director of the Department of Food and Agriculture.
(5)Except for the requirements of paragraph (4), this subsection does not apply to helicopters equipped with a Microfoil (R) boom operated at air speeds below 60 miles per hour.
(c) Air carrier ground equipment shall not be used to apply DEF or Folex.
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 6472. Ethylene Dichloride.
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 6473. Bromoxynil.
Note: Authority cited: Sections 407, 12976, 12981 and 14005, Food and Agricultural Code. Reference: Sections 11501, 12981 and 14006, Food and Agricultural Code.
s 6474. Carbofuran.
Carbofuran (Furadan) shall not be applied to alfalfa located within one mile of nesting geese, widgeon or coots or to areas where repeated feeding of these waterfowl is known to occur.
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 6476. Fenamiphos.
The following restrictions apply to all turf uses of fenamiphos (Nemacur).
(a) Fenamiphos shall not be used to treat residential or institutional lawns or public recreation areas other than golf courses.
(b) Fenamiphos shall not be applied with a knapsack or similar equipment that is placed on the applicator's body.
(c) Fenamiphos shall be watered in immediately after it is applied with a minimum of one-half ( 1/2) inch of water. Such water shall not be allowed to run off the treated area.
(d) Unprotected persons shall be kept out of areas being treated with fenamiphos until 24 hours after watering, as specified in subsection (c), is completed.
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 6480. 2,4-Dichlorophenyl P-Nitrophenyl Ether.
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 6482. Oxydemeton-Methyl (Metasystox-R).
Note: Authority cited: Sections 407 and 14005, Food and Agricultural Code. Reference: Sections 14005 and 14006, Food and Agricultural Code.
s 6484. Bentazon (Basagran).
Note: Authority cited: Sections 407 and 14005, Food and Agricultural Code. Reference: Sections 14005 and 14006, Food and Agricultural Code.
s 6486. Atrazine.
Note: Authority cited: Sections 407, 13145, 14005 and 14006, Food and Agricultural Code. Reference: Sections 13145, 13150 and 14006, Food and Agricultural Code.
s 6486.1. Atrazine.
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 6486.2. Simazine.
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 6486.3. Bromacil.
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 6486.4. Diuron.
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 6486.5. Prometon.
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 6486.6. Bentazon (Basagran).
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 6486.7. Azinphos-Methyl.
(a) When employees apply azinphos-methyl using air carrier (air blast) ground equipment where any part of the airstream is directed at an angle above horizontal to the ground:
(1) Employee applicators shall wear a chemical-resistant suit over long-sleeved shirt and long-legged pants, chemical-resistant hood, chemical-resistant boots, chemical-resistant gloves, and a full-face respirator or a half-face respirator together with a face shield in addition to labeling-required personal protective equipment;
(2) If the employee applicator utilizes an enclosed cab and the work clothing and personal protective equipment specified in section 6738(i)(5), (6), and (7), the requirements in (1) do not apply. In situations specified in 6738(i), where respiratory protection is required inside an enclosed cab, the respiratory protection shall meet labeling requirements.
Note: Authority cited: Sections 12981 and 14005, Food and Agricultural Code. Reference: Sections 12980, 12981, 14001 and 14006, Food and Agricultural Code.
s 6486.8. Norflurazon.
Note: Authority cited: Sections 12976, 13145, 14005 and 14006, Food and Agricultural Code. Reference: Sections 13145, 13150 and 14006, Food and Agricultural Code.
s 6487.1. Artificial Recharge Basins.
Use of pesticides registered for agricultural, outdoor industrial, and outdoor institutional use containing chemicals listed in section 6800(a) shall be prohibited below the high water line inside artificial recharge basins, unless the pesticide is applied six months or more before the basin is used to recharge ground water.
Note: Authority cited: Sections 11456, 12976, 13145 and 14102, Food and Agricultural Code. Reference: Sections 13145, 13150 and 14102, Food and Agricultural Code.
s 6487.2. Inside Canal and Ditch Banks.
Use of pesticides registered for agricultural, outdoor industrial, and outdoor institutional use containing chemicals listed in section 6800(a) shall be prohibited below the high water line inside unlined canals and ditches, unless at least one of the following applies:
(a) the pesticide user can document that the percolation rate of the canal or ditch is equal to or less than 0.2 inches per hour (0.002 gallons per minute per square foot); or
(b) the pesticide is applied six months before water is run in the canal or ditch.
Note: Authority cited: Sections 11456, 12976, 13145 and 14102, Food and Agricultural Code. Reference: Sections 13145, 13150 and 14102, Food and Agricultural Code.
s 6487.3. Engineered Rights-of-Way Within Ground Water Protection Areas.
Use of pesticides registered for agricultural, outdoor industrial, and outdoor institutional use containing chemicals listed in section 6800(a) shall be prohibited on engineered rights-of-way in leaching or runoff ground water protection areas unless one of the following management options can be met and is designated by the commissioner on the permit:
(a) The property operator complies with section 6487.4; or
(b) Any runoff from the treated right-of-way shall pass through a noncrop fully vegetated area adjacent, and equal in area, to the treated area, or spread out onto an adjacent unenclosed fallow field that is at least 300 feet long and that will not be irrigated for six months following application, with full consideration of any plantback restrictions; or
(c) The property operator complies with any permit issued pursuant to the storm water provisions of the federal Clean Water Act pertaining to the treated area; or
(d) An alternative management practice or pesticide approved by the Director as follows:
(1) Upon written request, the Director may evaluate and approve use of management practices that are based on scientific data demonstrating their effectiveness in reducing movement of pesticides to ground water; or
(2) Upon written request, the Director may make a determination to allow the interim use of a pesticide containing a chemical listed in section 6800(a) on an engineered right-of-way within a ground water protection area, for a period not to exceed three years. The Director's determination shall be based on evidence that the available management practices are not feasible for a specific crop or site, and that there are no feasible alternatives for the specific crop or site. The formal request shall include a study protocol(s) that is acceptable to the Director to develop feasible alternatives or alternate management practices. The study protocol shall include a description of the objective, personnel, study plan, sampling methods including number of samples to be analyzed, data analysis, chemical analytical methods including appropriate quality control, timetable, and references, if any. The requestor shall submit a written progress report every six months. If the progress report does not support the submitted study protocol(s), or if a report is not submitted, the Director may rescind the determination to allow the use of the pesticide within a ground water protection area.
(3) The Director will issue a public notice stating the reasons interim use has been approved under (1) or (2). The notice will be posted on the Department's Web site.
Note: Authority cited: Sections 11456, 12976, 13145 and 14102, Food and Agricultural Code. Reference: Sections 13145, 13150 and 14102, Food and Agricultural Code.
s 6487.4. Runoff Ground Water Protection Areas.
Except as provided in sections 6487.1, 6487.2, and 6487.3, use of pesticides registered for agricultural, outdoor industrial, and outdoor institutional use containing chemicals listed in section 6800(a) shall be prohibited in runoff ground water protection areas unless one of the following management practices can be met and is designated by the commissioner on the permit. The management practice identified in (b), "Incorporation of the pesticide," does not apply to bentazon.
(a) Soil disturbance. Within seven days before the pesticide is applied, the soil to be treated shall be disturbed by using a disc, harrow, rotary tiller, or other mechanical method. This subsection does not apply to bentazon, and does not apply to the area to be treated that is immediately adjacent to the crop row and that does not exceed 33 percent of the distance between crop rows; or
(b) Incorporation of the pesticide. Within 48 hours after the day the pesticide is applied, the pesticide shall be incorporated on at least 90 percent of the area treated; using a disc, harrow, rotary tiller, or other mechanical method, or by sprinkler or low flow irrigation, including chemigation if allowed by the label, using a minimum of 1/4 inch of irrigation water and a maximum of either one inch or the maximum amount of irrigation water specified on the label, at application rates that do not cause surface water runoff from the treated property or to wells on the treated property. This subsection does not apply to bentazon, and does not apply to the area treated with other pesticides listed in section 6800(a) that is immediately adjacent to the crop row and that does not exceed 33 percent of the distance between crop rows; or
(c) Band treatment. The pesticide shall be applied as a band treatment immediately adjacent to the crop row so that not more than 33 percent of the distance between rows is treated; or
(d) Timing of application. The pesticide shall be applied between April 1 and July 31; or
(e) Retention of runoff on field. For six months following the application, the field shall be designed, by berms, levees, or nondraining circulation systems, to retain all irrigation runoff and all precipitation on, and drainage through, the field. The retention area on the field shall not have a percolation rate of more than 0.2 inches per hour (5 inches per 24 hours); or
(f) Retention of runoff in a holding area off the field. For six months following the application, all runoff shall be channeled to a holding area off the application site, under the control of the property operator, that is designed to retain all irrigation runoff and all precipitation on, and drainage through, the treated field and all other areas draining into that holding area. The holding area shall not have a percolation rate of more than 0.2 inches per hour (5 inches per 24 hours); or
(g) Runoff onto a fallow field. For six months following application, runoff shall be managed so that it runs off onto an adjacent unenclosed fallow field at least 300 feet long that is not irrigated for six months after application, with full consideration of any plant back restrictions; or
(h) An alternative management practice or pesticide approved by the Director as follows:
(1) Upon written request, the Director may evaluate and approve use of alternative management practices that are based on scientific data demonstrating their effectiveness in reducing movement of pesticides to ground water; or
(2) Upon written request, the Director may make a determination to allow the interim use of a pesticide containing a chemical listed in section 6800(a) within a runoff ground water protection area, for a period not to exceed three years. The Director's determination shall be based on evidence that the available management practices are not feasible for a specific crop or site, and that there are no feasible alternatives for the specific crop or site. The formal request shall include a study protocol(s) that is acceptable to the Director to develop feasible alternatives or alternate mitigation measures. The study protocol shall include a description of the objective, personnel, study plan, sampling methods including number of samples to be analyzed, data analysis, chemical analytical methods including appropriate quality control, timetable, and references, if any. The requester shall submit a written progress report every six months. If the progress report does not support the submitted study protocol(s), or if a report is not submitted, the Director may rescind the determination to allow the use of the pesticide within a ground water protection area.
(3) The Director will issue a public notice stating the reasons interim use has been approved under (1) or (2). The notice will be posted on the Department's Web site.
Note: Authority cited: Sections 11456, 12976, 13145 and 14102, Food and Agricultural Code. Reference: Sections 13145, 13150 and 14102, Food and Agricultural Code.
s 6487.5. Leaching Ground Water Protection Areas.
Except as provided in sections 6487.1, 6487.2, and 6487.3, use of pesticides registered for agricultural, outdoor industrial, and outdoor institutional use containing chemicals listed in section 6800(a) shall be prohibited in leaching ground water protection areas unless any one of the following management practices can be met and is designated by the commissioner on the permit:
(a) The permittee shall not apply any irrigation water for six months following application of the pesticide; or
(b) The permittee shall apply the pesticide to the planting bed or the berm above the level of irrigation water in the furrow or basin and the water level shall remain at or below that level for six months following application of the pesticide; or
(c) Irrigation shall be managed so that the ratio of the amount of irrigation water applied divided by the net irrigation requirement is 1.33 or less for six months following application of the pesticide; or
(d) An alternative management practice or pesticide approved by the Director as follows:
(1) Upon written request, the Director may evaluate and approve use of alternative management practices that are based on scientific data demonstrating their effectiveness in reducing movement of pesticides to ground water; or
(2) Upon written request, the Director may make a determination to allow the interim use of a pesticide containing a chemical listed in section 6800(a) within a leaching ground water protection area, for a period not to exceed three years. The Director's determination shall be based on evidence that the available management practices are not feasible for a specific crop or site, and that there are no feasible alternatives for the specific crop or site. The formal request shall include a study protocol(s) that is acceptable to the Director to develop feasible alternatives or alternate management practices. The study protocol shall include a description of the objective, personnel, study plan, sampling methods including number of samples to be analyzed, data analysis, chemical analytical methods including appropriate quality control, timetable, and references, if any. The requester shall submit a written progress report every six months. If the progress report does not support the submitted study protocol(s), or if a report is not submitted, the Director may rescind the determination to allow the use of the pesticide within a ground water protection area.
(3) The Director will issue a public notice stating the reasons interim use has been approved under (1) or (2). The notice will be posted on the Department's Web site.
Note: Authority cited: Sections 11456, 12976, 13145 and 14102, Food and Agricultural Code. Reference: Sections 13145, 13150 and 14102, Food and Agricultural Code.
s 6488. Antifouling Paints or Coatings Containing Tributyltin.
(a) Antifouling paints or coatings containing tributyltin shall be applied only to:
(1) aluminum vessel hulls;
(2) vessel hulls 82 feet or more in length; and
(3) outboard motors and lower drive units.
(b) Except as provided n subsection (a), antifouling paints or coatings containing tributyltin shall not be applied to any surface or object that will come into contact with the freshwater or marine environment. This prohibition includes, but is not limited to, use on docks, piers, nets and other fishing equipment.
(c) Prior to purchase of antifouling paints or coatings containing tributyltin the purchaser shall present to the dealer a copy of the registration of the vessel to be painted or coated to verify the vessel type requirements specified in (a). In the case where no vessel registration exists or the paint or coating is to be applied to an outboard motor or lower drive unit, the purchaser shall submit a sworn statement to verify that the paint or coating shall be applied only to an aluminum vessel hull, to a vessel hull 82 feet or more in length, or to an outboard motor or lower drive. The sworn statement shall be made substantially in the form provided in Section 6574(b).
Note: Authority cited: Sections 14005 and 14151, Food and Agricultural Code. Reference: Sections 14005 and 14006, Food and Agricultural Code.
s 6489. Tributyltin Paint and/or Coating Additives.
Pesticides containing bis(tributyltin) oxide which are sold as "additives" to be mixed with paints or coatings shall not be applied, either alone or when mixed with paint, to any surface that comes into contact with the aquatic or marine environment including, but not limited to, vessels, piers and fishing equipment.
Note: Authority cited: Sections 12781, 14005 and 14102, Food and Agricultural Code. Reference: Sections 12824, 14005 and 14006, Food and Agricultural Code.
s 6490. Incorporation of Federal Tolerances.
(a) The Director of Food and Agriculture hereby finds that the pesticide chemicals referred to in this group are useful for the production and marketing of produce and that the presence of such pesticide chemicals as spray residue in quantities within the tolerances hereby established is not deleterious to the health of man or animals.
(b) The director, having reviewed the tolerances and exemptions from tolerances established by the Environmental Protection Agency in Title 40, Code of Federal Regulations, Part 180 and having found that such tolerances and exemptions therefrom are in accordance with the standards and provisions of the Food and Agricultural Code, hereby establishes like tolerances for pesticide chemicals on produce packed, shipped, or sold within the State of California except as otherwise provided in this Group 5. The director will continuously review future amendments to said federal regulations, and tolerances and exemptions therefrom hereafter adopted shall also be deemed incorporated by reference, unless otherwise provided in this Group 5.
(c) If the director has evidence that tolerances developed by the EPA are not appropriate for California conditions, the director shall adopt a California tolerance taking into account such evidence.
Note: Authority cited: Sections 11456, 12531 and 12561, Food and Agricultural Code. Reference: Section 12565, Food and Agricultural Code.
s 6492. Limitation on Residues.
No residue of a pesticide chemical in or on produce is justified or permitted unless a permissible tolerance has been established by the director, or unless the director has authorized an exemption from a tolerance.
Note: Authority cited: Sections 11456, 12531 and 12561, Food and Agricultural Code. Reference: Section 12565, Food and Agricultural Code.
s 6500. License Duration.
The Director shall issue licenses and certificates for two years; provided, however, a license or certificate may be issued for less than two years based on when the applicant enters the two-year cycle described below.
The term of the license or certificate is determined by the Director as follows:
Each license or certificate with a name beginning with A through L shall expire December 31 of the following even numbered year.
Each license or certificate with a name beginning with M through Z shall expire December 31 of the following odd numbered year.
The issuance of a two-year license or certificate in no way affects any annual county registration required by the Food and Agricultural Code.
Note: Authority cited: Sections 11456, 11502, 12005 and 12111, Food and Agricultural Code. Reference: Section 11456, Food and Agricultural Code.
s 6502. Applications.
(a) An application for a new license or certificate shall be made on a form prescribed by the Director and shall be accompanied by the required application fee specified below in Table 1 -License and Certificate Application Fees and Forms. The application fee shall allow an applicant a 12-month period to become licensed or certified.
(b) Beginning with those licenses or certificates expiring December 31, 2003, an application to renew a license or certificate shall be made on a form prescribed by the Director and shall be accompanied by the required renewal fee specified below in Table 2 -License and Certificate Renewal Fees and Forms. If the license or certificate is issued for more than one year pursuant to 6500, the applicant shall pay double the annual renewal fee.
(1) If the renewal application is not postmarked by December 31 of the year the license or certificate expires, a penalty of 50 percent of the renewal fee shall be added to the original amount due.
(c) Pursuant to this section, the prescribed forms, hereby incorporated by reference, are specified in Table 1 and Table 2 below.
Table 1 -License and Certificate Application Fees and Forms
New
License or Certificate Type Appl- Form
ic-
at-
ion
Fee
Pest Control Business License $160 Pest Control Business License
Application
Additional fee for each Pest $80 PR-PML-042 (Rev. 9/04)
Control Business Branch
Pest Control Business License, $80 Maintenance Gardener Pest Control
Maintenance Gardener only Business
License Application PR-PML-004 (Rev.
9/04)
Pest Control Dealer License $160 Pest Control Dealer License Application
Additional fee for each $80 PR-PML-041 (Rev. 9/04)
Dealer Branch
Pesticide Broker License $0 Pesticide Broker License Application
(PB)
Additional fee for each $0 PR-PML-217 (Rev. 1/06)
Broker Branch
Agricultural Pest Control $80 Agricultural Pest Control Adviser
Adviser License
Application PR-PML-084 (Rev. 9/04)
Pest Control Aircraft Pilot $60 Aircraft Pilot Pest Control Certificate
Certificate
Application PR-PML-005 (Rev. 9/04)
Pest Control Dealer Designated $25 Pest Control Dealer Designated Agent
Agent License
License Application PR-PML-043 (Rev.
9/04)
Qualified Applicator License $80 Qualified Applicator License Application
PR-PML-001 (Rev. 9/04)
Qualified Applicator $40 Qualified Applicator Certificate
Certificate Application
PR-PML-001A (Rev. 9/04)
Table 2 -License and Certificate Renewal Application Fees and Forms
Annual
License or Certificate Type Renewal Form
Fee
Pest Control Business License $160 Pest Control Business Renewal
Application
Additional fee for each Pest $80 PR-PML-192 (Rev. 9/04)
Control Business Branch
Pest Control Business $80 Maintenance Gardener Pest Control
License, Maintenance Business
Gardener only
Renewal Application PR-PML-186 (Rev.
9/04)
Pest Control Dealer License $160 Pest Control Dealer License Renewal
Additional fee for each $80 Application PR-PML-191 (Rev. 9/04)
Dealer Branch
Pesticide Broker License $0 Pesticide Broker License Renewal
Application
Additional fee for each $0 PR-PML-190 (Rev . 1/06)
Pesticide Broker Branch
Agricultural Pest Control $70 Individual License/Certificate Renewal
Adviser License
Application PR-PML-141 (Rev. 9/04)
Pest Control Aircraft Pilot $45 Individual License/Certificate Renewal
Certificate
Application PR-PML-141 (Rev. 9/04)
Pest Control Dealer $25 Individual License/Certificate Renewal
Designated Agent License
Application PR-PML-141 (Rev. 9/04)
Qualified Applicator License $60 Individual License/Certificate Renewal
Application PR-PML-141 (Rev. 9/04)
Qualified Applicator $30 Individual License/Certificate Renewal
Certificate
Application PR-PML-141 (Rev. 9/04)
Note: Authority cited: Sections 11456, 11502, 11502.5, 12005 and 12111, Food and Agricultural Code. Reference: Sections 11502.5, 11702, 11703, 11704, 11707, 11903, 11904, 12021, 12103, 12104, 12105, 12201, 12202, 12252, 12401 and 12404, Food and Agricultural Code.
s 6504. Examinations.
(a) The director shall schedule examinations at such times and places as he deems reasonable. Each applicant shall appear at a time and place designated by the director for examination.
(b) All applicants for a license or certificate will be required to pass an examination on the laws and regulations governing pesticide use and the safety precautions necessary to prevent injury.
(c) A passing score of 70 percent or greater is required to qualify for any license or certificate issued pursuant to Division 6 of the Food and Agricultural Code; or for a qualified applicator certificate.
(d) Applicants may request up to four examinations at each time and place.
Note: Authority cited: Sections 11456, 11502, 12005, 12024 and 12111, Food and Agricultural Code. Reference: Sections 11702, 11905, 12024 and 12106, Food and Agricultural Code.
s 6505. Examination Fees.
(a) In addition to the application fee specified in section 6502(a), an agricultural pest control adviser, pest control aircraft pilot, pest control dealer designated agent, qualified applicator license or qualified certificate applicant shall pay, if applicable:
(1) A $50 fee for the Laws, Regulations, and Basic Principles examination; and
(2) A $50 fee for each additional examination category requested.
(b) A license or certificate holder seeking to add an additional category shall submit a $50 fee for each examination category requested accompanied by the required application form specified in 6502.
(c) A $50 fee shall be submitted for each request to reschedule an examination due to the applicant's failure to obtain a passing score or failure to appear for a scheduled examination.
Note: Authority cited: Sections 11456 and 11502.5, Food and Agricultural Code. Reference: Section 11502.5, Food and Agricultural Code.
s 6506. Acceptance of Prior Examination.
Note: Authority cited: Sections 407, 11502, 12005 and 12111, Food and Agricultural Code. Reference: Sections 11702 and 12106, Food and Agricultural Code.
s 6508. Notification of Change.
(a) Every license or certificate holder shall immediately notify the Director of any change in, including but not limited to, name, business address, business organization, qualified person, bond, insurance, registered officers, or any other matter shown in the application.
(b) Licenses and certificates are not transferable, and in case of a change of business organization or ownership, a new application and fee are required.
(c) A $20 fee is required when:
(1) a license or certificate holder requests a replacement or duplicate copy of a license or certificate; or
(2) a license or certificate is reissued as a result of a name change made pursuant to (a).
Note: Authority cited: Sections 11456, 11502, 12005 and 12111, Food and Agricultural Code. Reference: Sections 11501, 11708 and 12110, Food and Agricultural Code.
s 6510. Renewals and New Applications.
A person who has not possessed a valid license or certificate within 12 months of the date of application or has a valid license or certificate and has not completed the continuing education requirements within each two-year license or certification period as specified in section 6511 shall not be allowed to renew his or her license or certificate and shall be required to submit an application for a new license or certificate and pass the examinations before being issued a license or certificate.
Note: Authority cited: Sections 11456, 11502, 12005, 12024, 12111 and 14005, Food and Agricultural Code. Reference: Sections 11702, 11905, 12024, 12106 and 14006, Food and Agricultural Code.
s 6511. Continuing Education Requirements.
No license or certificate issued to a licensee or certificate holder specified in this section shall be renewed unless the holder has completed the required continuing education hours within each two-year license or certificate period. The education shall have been obtained in a course or program approved pursuant to section 6512.
(a) Except as provided in (f) and (g), a pest control aircraft pilot shall complete a minimum of 20 hours of approved continuing education relating to pest management and pesticides, including not less than four hours pertaining to pesticide laws and regulations and four hours pertaining to aerial pest control equipment and application techniques.
(b) Except as provided in (f) and (g), qualified applicator license and certificate holders shall complete a minimum of 20 hours of approved continuing education relating to pest management and pesticides, including not less than four hours pertaining to pesticide laws and regulations.
(c) Except as provided in (f) and (g), qualified applicator license and certificate holders engaged in the business of maintenance gardening, pursuant to Food and Agricultural Code section 11704, shall complete a minimum of eight hours of approved continuing education relating to pest management and pesticides, including not less than two hours pertaining to pesticide laws and regulations.
(d) Except as provided in (f) and (g), qualified applicators who only possess a license or certificate in the seed treatment pest control category shall complete a minimum of four hours of approved continuing education relating to pest management and pesticides, including not less than two hours pertaining to pesticide laws and regulations.
(e) Except as provided in (f) and (g), an agricultural pest control adviser licensee shall complete a minimum of 40 hours of approved continuing education relating to pest management and pesticides, including not less than four hours pertaining to pesticide laws and regulations.
(f) Each licensee or certificate holder listed in this section, whose initially issued license or certificate has been valid for less than 12 months at the time of its renewal is exempt from the continuing education requirements applicable to that license or certificate.
(g) Each licensee or certificate holder listed in this section whose initially issued license or certificate has been valid for 12 to 20 months at the time of its renewal shall complete a minimum of one-half of the continuing education requirements applicable to that license or certificate.
Note: Authority cited: Sections 11456 and 11502.5, Food and Agricultural Code. Reference: Section 11502.5, Food and Agricultural Code.
s 6512. Approval of Continuing Education Courses.
(a) A continuing education provider intending to sponsor a continuing education course or program shall be responsible for the following, including but not limited to, administering the continuing education course or program, the agenda and course or program content, attendance verification, and administrative record keeping found in section 6513.
(b) Requests for evaluation and approval of a course or program offering continuing education in pest management and pesticides shall be submitted by the continuing education provider to the Director at least 30 days before presentation of the education. The request for evaluation and approval shall be made on the Continuing Education Approval Request form (PR-PML-131, Rev. 09/03), hereby incorporated by reference, and shall be accompanied by a comprehensive written outline, description of the course or program, and a $45 fee for each course. (continued)