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(continued)
(c) For a course or program previously approved within the calendar year, the continuing education provider shall submit a request to modify the course or program, or add an additional presentation(s) on the Continuing Education Additional Presentation Request form (PR-PML-132 Est. 9/03), hereby incorporated by reference, at least 30 days before the requested presentation(s).
(d) If the Director determines that the course or program outline and description are not comprehensive, the Director may request that a more detailed and comprehensive outline and description be submitted before making the determination as to whether the course or program meets the criteria specified in (e) below.
(e) The Director may approve any course or program submitted for evaluation, which meets the following criteria:
(1) The instruction shall relate only to pest management and pesticides (including but not limited to, laws and regulations, chemical formulations, labeling and label interpretation, application equipment, pests, identification of environmentally sensitive areas, endangered species, drift prevention, pesticide registration, integrated pest management, cultural practices, pesticide worker safety, surface and ground water protection, and biological control methods).
(2) The instructional course or program shall be at least one hour total in length.
(f) The approval of a course or program pursuant to this section shall be valid for the calendar year in which the course or program would be presented.

Note: Authority cited: Sections 11456 and 11502.5, Food and Agricultural Code. Reference: Section 11502.5, Food and Agricultural Code.

s 6513. Records of Continuing Education.
(a) The instructor or sponsoring organization shall maintain a record of licensees and certificate holders who have successfully completed continuing education for three years from the completion date of the course or program.
(b) Each licensee and certificate holder specified in section 6511 shall maintain a record for three years of all continuing education approval pursuant to section 6512 which he acquired during each license or certificate period.
(c) The records specified in (a) and (b) shall include:
(1) the license or certificate holder's name;
(2) license or certificate number;
(3) the title and location of the instruction;
(4) name of instructor or sponsoring organization, hours credited, and
(5) the identification code number assigned by the director or regional accreditation committee to the course or program.
(d) Certificates of course or program completion or written statements containing all the information specified in (c), issued by the instructor or sponsoring organization shall be sufficient to constitute the records specified in (a) and (b).
(e) The records specified in (a) and (b) shall be submitted to the director upon written request.

Note: Authority cited: Sections 11456 and 11502.5, Food and Agricultural Code. Reference: Sections 11502.5 and 12980.1(c), Food and Agricultural Code.

s 6514. Regional Accreditation Committees.

Note: Authority cited: Sections 407 and 11502.5, Food and Agricultural Code. Reference: Sections 11502.5 and 12986, Food and Agricultural Code.

s 6520. Authorized Agent Qualifications.

Note: Authority cited: Sections 407 and 11502, Food and Agricultural Code. Reference: Sections 11702 and 11703, Food and Agricultural Code.

s 6522. Categories.
The categories for supervision of pest control by a qualified person pursuant to Section 11708 of the Food and Agricultural Code shall be those listed in Section 6530. Persons holding an unrevoked license or licenses pursuant to this section in 1984 will be issued a corresponding license or licenses for the categories specified in Section 6530 upon application before December 31, 1985.

Note: Authority cited: Sections 11456 and 11702, Food and Agricultural Code. Reference: Sections 11702 and 11705, Food and Agricultural Code.

s 6524. Financial Responsibility of Applicants for an Agricultural Pest Control Business License.
(a) Each applicant shall demonstrate financial responsibility in connection with the obtaining and maintenance of an agricultural pest control business license pursuant to Article 1 of Chapter 4 (beginning with Section 11701) of Division 6 of the Food and Agricultural Code as follows:
(1) File with the Director an original certificate of insurance (Form number 38-052, dated 3/88, entitled "Certificate of Insurance") certifying insurance coverage for the operations involved for an annual period in an amount not less than that specified in an in accordance with the provisions of (c). The certificate shall be provided by the Director and issued by the insurer. Within 10 days of expiration of the insurance policy(s) identified by the certificate, applicants who have been licensed by the Director, shall file a new certificate [identifying the current policy(s)] with the Director. For insurance covering aircraft, the certificate shall specify the N number(s) of the aircraft covered by the insurance for chemical liability; or,
(2) Deposit with the Director a certificate of deposit issued (by a licensed financial institution doing business in California) and maintained under the following conditions:
(A) The principal amount of the certificate of deposit at time of issuance is not less than that specified in and in accordance with the provisions of (c);
(B) The Director is given express authority to withdraw any part or all of the funds required to satisfy a final judgment of a California or Federal court based upon violation of the provisions of Food and Agricultural Code Division 6, and Division 7 pertaining to pesticides, and regulations issued pursuant to those provisions;
(C) The Director is given express authority to withdraw any part or all of the funds and deposit the funds in court in an interpleader action in any circumstance where it appears to the Director that there may be multiple judgments involving violation of the laws and regulations specified in (B) and such funds may be called upon to satisfy such judgments; and
(D) If any part of the funds are withdrawn as provided in (B) and (C), an additional certificate of deposit shall be filed with the Director so that the remaining funds, if any, of the initial certificate of deposit and the principal amount of the additional certificate of deposit equal the principal amount of the initial certificate of deposit at the time of its issuance; or
(3) Deposit with and on a form provided by the Director a surety bond (Form number 38-053, dated 3/88, entitled "Agricultural Pest Control Business Licensees Bond") issued by a bonding company doing business in California in an amount not less than that specified in and in accordance with the provisions of (c).
(b) Applicants electing to show financial responsibility by a certificate of deposit as specified in (a)(2) shall assign the certificate to the Director and shall maintain the certificate and not be entitled to withdraw the funds for two years after termination of the license or until all claims filed against the licensee are satisfied, whichever occurs later.
(c) Applicants may show financial responsibility by liability insurance which covers chemical bodily injury and chemical property damage or by a certificate of deposit or a surety bond to cover chemical bodily injury and chemical property damage in the amounts specified below:
Certificate
Liability Insurance of Deposit
Type of Pest Control Bodily Bodily Property or Surety
Injury Injury
Operations Per Per Occ- Damage Bond
Person urren-
ce
-------------------------------------------------------------------------------
Agricultural pest control business $100,000/300,000/50,000 $75,000
license applicants who make
applications by ground rigs or
who make fumigations
Agricultural pest control business $100,000/300,000/100,000 $50,000 per
license applicants who make per aircraft; property aircraft
applications by aircraft damage aggregate: one-half but not to
the property damage limit exceed
times the number of $300,000
insured aircraft, where per
more than one aircraft is business
insured. license
Applicants for an agricultural $5,000/10,000/5,000 $5,000
pest control business license in
the maintenance gardener
category; in lieu of insurance,
a certificate of deposit,or
surety bond, these applicants
may provided a statement to the
Director under penalty of
perjury that as to chemical
bodily injury and chemical
property damage resulting from
their pest control operations
they are financially able to
respond in damages using their
own personal assets

(d) Applicants whose business involves applications by aircraft and who elect to show financial responsibility by a certificate of deposit or a surety bond shall file with and on a form provided by the Director (Form number 38-054, dated 3/88, entitled "List of Aircraft") a list of the applicant's aircraft including their N numbers and their usages.
(e) Aircraft which is covered by liability insurance only for nonchemical bodily injury and nonchemical property damage shall not be operated for pesticide application purposes, unless the pest control business using the aircraft has deposited with the Director, as specified in (a)(2) and (a)(3), a certificate of deposit or a surety bond for that aircraft in the amount specified in (c).
(f) Applicants who make applications by aircraft and ground rigs shall meet the financial responsibility requirements of this section for both the aircraft and ground rig types of pest control operations.

Note: Authority cited: Sections 11456, 11502 and 11702, Food and Agricultural Code. Reference: Sections 11501 and 11702, Food and Agricultural Code.

s 6530. Categories and Examinations.
Applicants may qualify by examination to work in one or more of the following categories:
(a) Residential, Industrial and Institutional Pest Control
(b) Landscape Maintenance Pest Control
(c) Right of Way Pest Control
(d) Agricultural Pest Control (plant)
(e) Forest Pest Control
(f) Aquatic Pest Control
(g) Regulatory Pest Control
(h) Seed Treatment
(i) Agricultural Pest Control (animal)
(j) Demonstration and Research
(k) Health Related Pest Control

Note: Authority cited: Sections 11456, 12976, 14005 an 14102, Food and Agricultural Code. Reference: Sections 11501, 14001 and 14102, Food and Agricultural Code.


s 6532. Expiration.

Note: Authority cited: Sections 407, 11702, 12976 and 14005, Food and Agricultural Code. Reference: Sections 11501, 11702 and 14001, Food and Agricultural Code.

s 6534. Refusal, Revocation, and Suspension.
A qualified applicator certificate or license may be refused, revoked, or suspended by the director for any of the following:
(a) Failure to adequately supervise the use of a restricted material;
(b) Failure to comply with any applicable provision of Divisions 6 or 7 of the Food and Agricultural Code, or regulations adopted pursuant to such provisions;
(c) Making any false or fraudulent record or report.

Note: Authority cited: Sections 11456, 12976, 14005 and 14102, Food and Agricultural Code. Reference: Sections 11501, 14001 and 14102, Food and Agricultural Code.

s 6540. Apprentice Pilot Supervision.
The journeyman pilot responsible for supervision of an apprentice pilot shall be aware of the conditions at the application site and be available to direct and control the manner in which applications are made by the apprentice. The availability of the journeyman shall be directly related to the actual or potential hazard of the situation.

Note: Authority cited: Section 11456, Food and Agricultural Code. Reference: Sections 11908 and 11909, Food and Agricultural Code.

s 6542. Registration.
(a) Each pest control aircraft pilot who registers as an apprentice pilot in any county shall include on the registration form the name of the journeyman pilot responsible for providing supervision of the pest control activities of such apprentice. The journeyman pilot named on the apprentice pilot's county registration must be currently registered with that county.
(b) The apprentice pilot shall immediately notify the commissioner and amend the registration in the event the journeyman pilot named on the apprentice's registration is no longer able to provide such apprentice with supervision.

Note: Authority cited: Sections 11456 and 11502, Food and Agricultural Code. Reference: Sections 11921 and 11924, Food and Agricultural Code.

s 6544. Pesticide Handling by Pilots.
Pilots who operate pest control aircraft shall not transfer, mix or load liquid category one or two pesticides containing organophosphates or carbamates unless a closed system is used.

Note: Authority cited: Sections 11456, 11502, 12976 and 12981, Food and Agricultural Code. Reference: Sections 11502 and 12981, Food and Agricultural Code.

s 6550. Minimum Qualifications.
(a) A person who has never held an agricultural pest control adviser license shall meet the following minimum qualifications:
(1) Have either a bachelor's degree (B.A. or B.S.) in the agricultural sciences, biological sciences, or pest management; or
(2) Have 45 semester units (67.5 quarter units) of college-level curricula in the physical and biological sciences, crop health, pest management systems and methods, and production systems topic areas plus 24 months of technical experience as follows:
(A) working for a licensed agricultural pest control adviser;
(B) working for a pest management specialist including, but not limited to, a farm adviser, certified commercial applicator, certified private applicator, or licensed pest control dealer;
(C) a field sweeper, field checker or scout;
(D) a participant in field or laboratory research activities relating to pest control;
(E) a participant in agricultural pest control/management activities for a federal, state, or county entity;
(F) a qualified applicator licensee pursuant to Division 6, Chapter 8, commencing with section 12201, Food and Agricultural Code, employed by a licensed pest control business except that no more than 12 months experience solely in the categories specified in subsections 6530(b) and (k) shall be used;
(G) an authorized licensee listed on a structural pest control operator license except that no more than 12 months experience as a licensed structural pest control operator shall be used; or
(H) a farm operator involved in agricultural pest control/management activities.
(3) The college-level curricula specified in (a)(1) and (a)(2) shall include at least 45 semester units (67.5 quarter units) as shown in the following table:
Area of Study Semester Units Quarter Units
Physical and biological sciences such 15 22.5
as introduction to inorganic chemistry,
organic chemistry, biochemistry, plant
biology or botany, ecology, soils,
irrigation, genetics, plant physiology,
entomology, and zoology.
Crop health such as vegetative management 12 18
or weeds, plant pathology, agricultural/
economic entomology, plant nutrition or
fertility, nematology, and vertebrate
management.
Pest management systems and methods, 9 13.5
with at least one course in pest
management systems and one course
in pest management methods.
Pest management methods topics such as
agricultural chemical applications, properties
of pesticides, mode of action of agricultural
chemicals, toxicology, environmental
impact of pesticides, and biological control.
Pest management systems topics such as
integrated pest management, alternative
cropping systems, and sustainable
agricultural systems.
Production systems such as environmental 9 13.5
horticulture, horticulture, ornamental
horticulture, forestry, agronomy, crop
science, vegetable crops, animal science,
or other production systems.
Total Units Required 45 67.5

(c) The applicant shall submit to the Director an official transcript verifying the courses completed and the degrees granted to the applicant. In addition, an applicant qualifying pursuant to (a)(2) shall submit employment records, a statement from an employer, or other proof of technical experience to the Director.

Note: Authority cited: Sections 11456, 12005 and 12024, Food and Agricultural Code. Reference: Section 12024, Food and Agricultural Code.

s 6551. Licensing for Public Agencies.
Except as specifically exempted in section 12001 of the Food and Agricultural Code, any person employed by any federal, state, county, or local public agency who provides to that federal, state, county, or local public agency recommendations on any agricultural use must possess a valid agricultural pest control adviser license issued by the Director.

Note: Authority cited: Sections 11456 and 12005, Food and Agricultural Code. Reference: Sections 11501 and 12001, Food and Agricultural Code.

s 6552. Continued Education Requirements.

Note: Authority cited: Sections 407, 12005 and 12024, Food and Agricultural Code. Reference: Sections 11501 and 12024, Food and Agricultural Code.

s 6554. Regional Accreditation Committee.

Note: Authority cited: Sections 407, 12005 and 12024, Food and Agricultural Code. Reference: Sections 11501 and 12024, Food and Agricultural Code.

s 6556. Recommendations.
In addition to the requirements of Section 12003 of the Food and Agricultural Code, each recommendation shall include:
(a) Total acreage or units to be treated;
(b) Concentration and volume per acre or other units;
(c) Worker re-entry interval, if one has been established; preharvest or preslaughter interval; and label restrictions on use or disposition of the treated commodity, by-products or treated area;
(d) Criteria used for determining the need for the recommended treatment; and
(e) Certification that alternatives and mitigation measures that would substantially lessen any significant adverse impact on the environment have been considered and, if feasible, adopted.
In addition, the recommendation shall designate the pest by accepted common name.

Note: Authority cited: Sections 11456, 12003 and 12005, Food and Agricultural Code. Reference: Section 12003, Food and Agricultural Code.

s 6557. Advisories for Groundwater Protection.

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

s 6560. Supervision.
(a) Each licensed pesticide dealer shall have and maintain at the principal office and at each branch location a designated agent to actively supervise all operations conducted by the location.
(b) The designated agent shall be a person who has passed the laws and regulations examination; or who holds a valid agricultural pest control adviser license, pest control aircraft pilot certificate, or is a qualified applicator licensee.

Note: Authority cited: Sections 11456 and 12111, Food and Agricultural Code. Reference: Sections 11501 and 12103, Food and Agricultural Code.

s 6562. Dealer Records and Sales Reporting.
(a) Each licensed pesticide dealer shall prepare and maintain records of all pesticides sold or delivered, except for pesticides labeled only for home use. These records shall include the following:
(1) The purchaser's name and address;
(2) The product purchased, and the amount;
(3) The date of purchase;
(4) The operator identification number(s) specified in Section 6622 on the invoice, or a statement on the invoice indicating that the purchaser was not required to obtain an operator identification number pursuant to Section 6622;
(5) A copy of an agricultural pest control adviser's written recommendation, or the following statement (or a substantially similar statement) on the invoice or delivery slip supplied to the customer:
No recommendation has been made by, or provided to, the seller concerning the use of the pesticide covered by this invoice; and
(6) The location where the pesticide was delivered, including the name of the person who, or business which, received the shipment, if the dealer delivered the pesticide.
(b) The records shall be maintained at the sales office. These records shall be produced for inspection, by purchaser name, upon request by the director or agricultural commissioner.

Note: Authority cited: Sections 11456, 12111, 12976 and 13145, Food and Agricultural Code. Reference: Sections 11501, 12110 and 13145, Food and Agricultural Code.

s 6564. Appropriate Products.
All persons engaged in business as licensed pesticide dealers shall:
(a) Sell or deliver a pesticide for which a recommendation has been provided to him or written by any person employed by him only when the pesticide labeling corresponds to the recommendation; and
(b) Not knowingly sell or deliver a pesticide for a use not shown in the labeling, or when any condition of use shown in the labeling cannot be complied with.

Note: Authority cited: Sections 11456 and 12111, Food and Agricultural Code. Reference: Sections 12971 and 12973, Food and Agricultural Code.

s 6566. Supplemental Labeling.
When a recommended pesticide usage is included only in registered supplemental labeling, both the written recommendation, if any, and such registered supplemental labeling shall be delivered by the dealer to the applicator in sufficient time to allow him to prepare properly for the application.

Note: Authority cited: Sections 11456 and 12111, Food and Agricultural Code. Reference: Sections 11501 and 12973, Food and Agricultural Code.

s 6568. Dealer Responsibilities.
(a) Each licensed pest control dealer that sells a restricted material which requires a permit for its use or possession shall, before sale or delivery, obtain a copy of the permit.
(b) A restricted material specified in Section 6400(a) (federally restricted use) or in Section 6400(d) (potential to pollute ground water) that does not require a permit for possession or use shall be sold or delivered only to a certified applicator. The dealer shall, before sale or delivery, obtain from the purchaser a copy of his or her qualified applicator license or certificate, private applicator certificate, or a signed statement in substantially the following form:
________________________________________________________
I am a certified applicator authorized by the scope of my
__________________________________ license/certification
(license/certificate type)
No. _____ to use the restricted material(s) I am purchasing.
My certificate/license is valid until _____________________.
(Date)
Name of operator of the property that I am employed by
(if applicable): _________________________________________
_________________________________________________________
_________________________________________________________
(Certified Applicator) (Date)
_________________________________________________________
(c) Prior to the sale or delivery of pesticides listed in section 6622 to the operator of the property (or the operator's authorized representative) the dealer shall obtain from the purchaser a copy of the restricted materials permit showing all operator identification numbers, if the purchaser has such a permit; or a copy of the form issued to an operator of the property pursuant to section 6622.
(d) The dealer shall send a list of the operator identification numbers with corresponding names of persons purchasing pesticides during the quarter, within 10 days following the end of each quarter of the calendar year, to each of the commissioners who issued the numbers. The dealer is not required to send the list to the commissioner of the county in which the dealer is located.
(e) The dealer shall retain for two years a copy of each form specified in section 6622, permit, or signed statement that pesticide purchaser provided to the dealer.

Note: Authority cited: Sections 11456 and 14005, Food and Agricultural Code. Reference: Sections 11501, 14006, 14010 and 14035, Food and Agricultural Code.Authority cited: Sections 11456 and 14005, Food and Agricultural Code. Reference: Sections 11501, 14006, 14010 and 14035, Food and Agricultural Code.

s 6570. Groundwater Protection Material Requirements.

Note: Authority cited: Sections 11456, 12976 and 13145, Food and Agricultural Code. Reference: Sections 11501 and 13145, Food and Agricultural Code.

s 6572. Sales Reporting.

Note: Authority cited: Sections 407, 12976 and 13145, Food and Agricultural Code. Reference: Section 13145, Food and Agricultural Code.

s 6574. Antifouling Paints or Coatings Containing Tributyltin -Dealer Requirements.
(a) Antifouling paints or coatings containing tributyltin shall be sold only for the following purposes:
(1) For application to aluminum vessel hulls;
(2) For application to vessel hulls 82 feet or more in length; or
(3) For application to outboard motors or lower drive units.
(b) Prior to sale, the dealer shall secure a copy of the vessel registration to verify the use requirements of (a) (1) or (2). If no vessel registration exists or the paint or coating will be applied to an outboard motor or lower drive unit, the dealer shall secure a sworn statement to verify the use requirements of (a) (1), (2), or (3). The sworn statement shall be made in substantially the following form:
I, (name of purchaser), declare under penalty of perjury that the antifouling paint or coating containing tributyltin that I am purchasing 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 unit. The serial number of the vessel is (number).
__________________________________ __________________
(Signature of Purchaser) (Date)
(c) The dealer shall prepare and maintain the following records for all sales of antifouling paints that contain tributyltin:
(1) Name and address of vessel owner;
(2) Name and certificate or license number of the certified commercial applicator and location of vessel where application is to be made;
(3) Date of sale;
(4) Quantity sold; and
(5) A copy of the vessel registration or sworn statement verifying the vessel length, vessel hull composition requirements, or intended use on an outboard motor or lower drive unit and registration number. If no registration number exists, the vessel serial number shall be included.
(d) The dealer shall maintain the records specified in (c) in a separate log of sales for two years; and the records shall be readily accessible to the director and the commissioner upon request.

Note: Authority cited: Sections 12111 and 14005, Food and Agricultural Code. Reference: Sections 11501 and 14006, Food and Agricultural Code.

s 6576. Sales Limitation of Clopyralid.
Prior to sale of a pesticide containing the active ingredient clopyralid for which use restrictions have been established in section 6950, the licensed pest control dealer shall obtain and retain for two years a signed statement from a licensed or certified qualified applicator in substantially the following form:
I, (print name of purchaser) , certify that my employees or I will not apply any product containing clopyralid to a residential lawn, and will only apply clopyralid to sites where I can assure the collected grass clippings will remain on the property.
Name of Product: _________________ EPA Reg. No.: _____________
Under penalty of perjury, the foregoing statement is true and my employees or I will not apply any pesticide containing the active ingredient clopyralid for lawn and turf uses as defined in Food and Agricultural Code section 13190(e) except in accordance with the listed applicator responsibility requirements.
__________ __________ Signature of Qualified Applicator License or Certificate No.
__________ __________ __________ Category Expiration Date Date of Purchase

Note: Authority cited: Sections 11456, 12111, 12781, 12976 and 14102, Food and Agricultural Code. Reference: Sections 12824, 13191 and 13192, Food and Agricultural Code.

s 6580. Certificate Issuance.
(a) An application for a new private applicator certificate shall be made on the Private Applicator Certificate Application form PR-PML-045 (Rev. 12/04), hereby incorporated by reference, and submitted to the county agricultural commissioner. No application fee is required.
(b) All private applicator certificate applicants shall be required to take and pass the private applicator examination before being issued a new certificate.
(c) Notwithstanding section 6500, the commissioner, or Director in a county where there is no county agricultural commissioner, shall issue a private applicator certificate for a period of up to three years in accordance with Food and Agricultural Code section 14095.

Note: Authority cited: Sections 11456 and 11502, Food and Agricultural Code. Reference: Sections 14091, 14092 and 14095, Food and Agricultural Code.

s 6582. Certificate Renewal.
(a) A certified private applicator who elects to renew his/her certificate shall:
(1) Submit a Private Applicator Certificate Application form PR-PML-045 (Rev. 12/04), hereby incorporated by reference, to the county agricultural commissioner no sooner than 120 days prior to, and no later than 90 days after, the expiration date; and
(2) Complete continuing education requirements as specified in section 6584 during the time the certificate is valid, or retake and pass the private applicator certificate examination.
(b) A certified private applicator who has not renewed his/her private applicator certificate within the timeframe specified in (a)(1) shall be required to take and pass the private applicator examination before being issued a certificate.

Note: Authority cited: Sections 11456 and 11502, Food and Agricultural Code. Reference: Sections 14093 and 14096, Food and Agricultural Code.

s 6584. Continuing Education Requirements.
(a) Private applicator certificate holders who elect to renew their certification by obtaining continuing education shall have completed the following hours pertaining to the topic areas as described in section 6512(e)(1):
(1) Each private applicator whose certificate has been valid for less than 12 months at the time of renewal is exempt from continuing education requirements applicable to the certificate.
(2) Each private applicator whose certificate has been valid for 12 months to 24 months at the time of renewal shall have completed a minimum of four hours, including a minimum of two hours on pesticide laws and regulations.
(3) Each private applicator whose certificate has been valid for more than 24 months and up to 36 months at the time of renewal shall have completed a minimum of six hours, including a minimum of two hours in pesticide laws and regulations.
(b) The continuing education shall have been obtained in a course or program approved pursuant to section 6512.

Note: Authority cited: Sections 11456, 11502 and 11502.5, Food and Agricultural Code. Reference: Section 14096, Food and Agricultural Code.

s 6600. General Standards of Care.
Each person performing pest control shall:
(a) Use only pest control equipment which is in good repair and safe to operate.
(b) Perform all pest control in a careful and effective manner.
(c) Use only methods and equipment suitable to insure proper application of pesticides.
(d) Perform all pest control under climatic conditions suitable to insure proper application of pesticides.
(e) Exercise reasonable precautions to avoid contamination of the environment.

Note: Authority cited: Sections 11456, 12976 and 12981, Food and Agricultural Code. Reference: Section 11501, Food and Agricultural Code.

s 6601. General Application of Standards.
(a) Whenever pesticide product labeling requires the use of personal protective equipment or specifies other restrictions or procedures be followed, the application of that labeling requirement to an owner or operator of the property to be treated, their families, and others, shall be consistent with any applicable standards for employees in Subchapter 3, commencing with Section 6700.
(b) It is not the intent of these regulations to require separate or duplicate equipment or facilities. Equipment and facilities provided for compliance with the requirements of other agencies may also be used for complying with these regulations provided the equipment and facilities meet the requirements of these regulations.

Note: Authority cited: Sections 12976 and 12981, Food and Agricultural Code. Reference: Sections 11501, 12973 and 12980, Food and Agricultural Code.

s 6602. Availability of Labeling.
A copy of the registered labeling that allows the manner in which the pesticide is being used shall be available at each use site.

Note: Authority cited: Sections 11456 and 12976, Food and Agricultural Code. Reference: Section 11501 and 12973, Food and Agricultural Code.

s 6604. Accurate Measurement.
Concentrate pesticides shall be weighed or measured accurately using devices which are calibrated to the smallest unit in which the pesticide is being weighed or measured.

Note: Authority cited: Sections 11456 and 12976, Food and Agricultural Code. Reference: Section 11501, Food and Agricultural Code.


s 6606. Uniform Mixture.
A uniform mixture shall be maintained in both application and service rigs.

Note: Authority cited: Sections 11456 and 12976, Food and Agricultural Code. Reference: Section 11501, Food and Agricultural Code.

s 6608. Equipment Cleaning.
Pest control equipment shall be thoroughly cleaned when necessary to prevent illness or damage to persons, plants or animals from residues of pesticides previously used in the equipment.

Note: Authority cited: Sections 11456, 12976 and 12981, Food and Agricultural Code. Reference: Section 11501, Food and Agricultural Code.


s 6609. Wellhead Protection.
(a) Except as provided in subsection (b), the following activities shall be prohibited within 100 feet of a well (including domestic, municipal, agricultural, dry or drainage, monitoring, or abandoned wells):
(1) mixing, loading, and storage of pesticides.
(2) rinsing of spray equipment or pesticide containers.
(3) maintenance of spray equipment that could result in spillage of pesticide residues on the soil.
(4) application of preemergent herbicides.
(b) Wells shall not be subject to the requirements in (a) if they are:
(1) sited so that runoff water from irrigation or rainfall does not move from the perimeter of the wellhead toward the wellhead and contact or collect around any part of the wellhead including the concrete pad or foundation; or
(2) protected by a berm constructed of any material sufficient to prevent movement of surface runoff water from the perimeter of the wellhead to the wellhead.
(c) Application of preemergent herbicides shall be prohibited between the berm and the wellhead.

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

s 6610. Backflow Prevention.
Each service rig and piece of application equipment that handles pesticides and draws water from an outside source shall be equipped with an air-gap separation, reduced pressure principle backflow prevention device or double check valve assembly. Backflow protection must be acceptable to both the water purveyor and the local health department.

Note: Authority cited: Sections 11456 and 12976, Food and Agricultural Code. Reference: Section 11501, Food and Agricultural Code.

s 6612. Age.
No person shall permit a minor under 18 years of age to mix or load a pesticide which, in any use situation, use of any of the following is required by labeling or regulation:
(a) air supplied respiratory protection;
(b) closed systems; or
(c) full body chemical resistant protective clothing.

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

s 6614. Protection of Persons, Animals, and Property.
(a) An applicator prior to and while applying a pesticide shall evaluate the equipment to be used, meteorological conditions, the property to be treated and surrounding properties to determine the likelihood of harm or damage.
(b) Notwithstanding that substantial drift will be prevented, no pesticide application shall be made or continued when:
(1) There is a reasonable possibility of contamination of the bodies or clothing of persons not involved in the application process;
(2) There is a reasonable possibility of damage to nontarget crops, animals or other public or private property; or
(3) There is a reasonable possibility of contamination of nontarget public or private property, including the creation of a health hazard, preventing normal use of such property. In determining a health hazard, the amount and toxicity of the pesticide, the type and uses of the property and related factors shall be considered.

Note: Authority cited: Sections 12976 and 12981, Food and Agricultural Code. Reference: Sections 11501 and 11791, Food and Agricultural Code.

s 6616. Consent to Apply.
No person shall directly discharge a pesticide onto a property without the consent of the owner or operator of the property.

Note: Authority cited: Sections 11456 and 12976, Food and Agricultural Code. Reference: Section 11501, Food and Agricultural Code.

s 6618. Notice of Applications.
(a) Each person performing pest control shall give notice to the operator of the property to be treated before any pesticide is applied.
(1) The notice shall be in a manner the person can understand and include:
(A) The date of the scheduled application;
(B) The identity of the pesticide to be applied by brand or common chemical name; and
(C) Precautions to be observed as printed on the pesticide product labeling or included in applicable laws or regulations.
(2) If the scheduled application is for the commercial or research production of an agricultural plant commodity the notice shall also include:
(A) The time of the scheduled application;
(B) The location and description of the area to be treated;
(C) The applicable restricted entry interval;
(D) The product name, EPA registration number, and active ingredient; and
(E) If the pesticide product labeling requires the posting of treated fields.
(b) The operator of property for the commercial or research production of an agricultural plant commodity shall assure that notice is given to persons, as specified below, except for the persons who applied or supervised the application for which the notice is intended. For the purposes of this subsection, persons includes employees of the operator of the property and any contractor hired by the operator of the property who may walk within 1/4 mile of the treated field.
(1) The notice shall be given:
(A) Prior to the application, to persons who are in the field or likely to enter the field during the application; and
(B) Before the scheduled entry, to persons who may enter the field during the restricted entry interval.
(2) The notice shall be given to any licensed pest control business or licensed labor contractor hired by the operator of the property that may have employees on or within 1/4 mile of the field during the application or the restricted entry interval. The pest control business or labor contractor receiving notice shall give notice to his or her employees. In lieu of giving notice to the licensed pest control business or the licensed labor contractor, the operator of the property may give notice directly to the employees of a labor contractor or pest control business to meet the requirements of this subsection (b).
(3) The notice shall be in a manner the person can understand and include:
(A) The location and description of the treated area;
(B) The time during which entry is restricted; and
(C) Instructions not to enter the treated field, except as provided in section 6770, until the restricted entry interval has expired.
(4) The notice specified in this subsection (b) is not required when a field is posted as specified in section 6776 unless the pesticide product labeling requires both oral notification to fieldworkers and the posting of treated fields.
(c) The operator of property for purposes other than the commercial or research production of an agricultural plant commodity, shall assure that notice is given to all persons who are on the treated property, or likely to enter during the application or the period of time that any restrictions on entry are in effect, except for the persons who made or supervised the application for which the notice is intended.
(1) The notice shall be in a manner the person can understand and include:
(A) the date of the application;
(B) The identity of the pesticide by brand or common chemical name; and
(C) Precautions to be observed as printed on the pesticide product labeling or included in applicable laws or regulations.
(2) Compliance by licensed Structural Pest Control Operators with the notice requirements of section 8538 of the Business and Professions Code meets the requirements of this section.
(3) Compliance by public agencies with the notice or barrier requirements of section 12978 of the Food and Agricultural Code meets the notice requirements of this section.

Note: Authority cited: Sections 12976 and 12981, Food and Agricultural Code. Reference: Sections 11501, 12980 and 12981, Food and Agricultural Code; and Section 8538, Business and Professions Code.

s 6619. Pesticide Application Completion Notice.
(a) In addition to the notice required pursuant to Section 6618, an agricultural pest control business applying pesticides for the production of an agricultural commodity shall give notice to the operator of the property treated (or the operator's designated employee), within 24 hours of completion of the pesticide application. The operator's designated employee must, at minimum, have the authority and ability to reschedule or stop activities involving field workers performing cultural practices (e.g., irrigating, thinning, tree-limb propping, weeding, harvesting). This notice shall include the following information:
(1) The location of the property, including the site identification number, and acreage treated;
(2) The pesticide(s) applied;
(3) The date and hour the application was completed; and
(4) The applicable reentry and pre-harvest intervals, unless a copy of a written recommendation made by a licensed agricultural pest control adviser, properly completed, was given to the operator of the property treated.
(b) If the operator of the property (or the operator's designated employee) will not be available to receive the notice within the 24-hour period, the operator shall identify in writing, the method by which the agricultural pest control business may provide notification. The method may be, but is not limited to, any of the following:
(1) Post or leave the notice in a designated location on the operator's property;
(2) Record the notification on a phone recorder; or
(3) Send the notice over a facsimile machine.
(c) The operator of the property treated shall maintain a record of the application completion notice(s) he or she receives by site, and a copy of the written notification method provided to each agricultural pest control business, if one is required.
(d) The agricultural pest control business shall retain a copy of the written notification method received from the operator of the property, if the business received one. The business shall also maintain a written record which documents the following:
(1) The name of the operator of the property treated;
(2) The location of the property, including the site identification number;
(3) The date and time the notice was given; and
(4) The method of notification, including the name of the person notified, if a person was notified.
(e) The records and written notification method required pursuant to this section shall be retained for two years and made promptly available to the director or commissioner upon request.

Note: Authority cited: Sections 11456, 12976 and 12981, Food and Agricultural Code. Reference: Sections 11501 and 12981, Food and Agricultural Code.

s 6620. Vector Control Exemption.
(a) Sections 6616 (Consent to Apply) and 6618 (Notice) shall not apply to a public agency or its contractor operating under a cooperative agreement with the Department of Health Services pursuant to Section 2426 of the Health and Safety
(b) Section 6614(a) (Protection of Persons, Animals and Property) shall not apply to persons or agencies specified in this section when the pesticide used is registered for use in residential areas for purposes of vector control and is used in accordance with that registered labeling.
(c) These exemptions are not intended to affect liability for damage as a result of an application made pursuant to this section.

Note: Authority cited: Sections 11456, 12976 and 12981, Food and Agricultural Code. Reference: Sections 11501 ad 12981, Food and Agricultural Code.

s 6622. Operator Identification Numbers.
(a) A person performing pest control for hire is exempt from the requirements of this section.
(b) This subsection applies to the production of an agricultural commodity. Prior to the purchase and use of pesticide(s) for the production of an agricultural commodity, the operator of the property (or the operator's authorized representative) shall obtain an operator identification number from the commissioner of each county where pest control work will be performed. The operator shall provide each pest control business applying pesticides to such property with his or her operator identification number.
(c) This subsection applies to the pesticides listed below, when they are not used for the production of an agricultural commodity (e.g., uses on cemeteries, golf courses, parks, right-of-way, post-harvest agricultural commodities, and certain nonagricultural sites). Prior to the purchase and use of pesticides listed below, each operator of the property (or the operator's authorized representative), shall obtain an operator identification number from the commissioner of each county in which the operator intends to perform pest control. The operator of the property is not required to obtain an operator identification number when a person performing pest control for hire purchases and applies these pesticides.
(1) Any pesticide for agricultural use, as defined in Food and Agricultural Code section 11408, excluding those for use only on livestock, as defined in Food and Agricultural Code section 18663;
(2) Any pesticide listed in section 6400;
(3) Any pesticide for industrial use as a post-harvest commodity treatment; and
(4) Any pesticide listed in section 6800(b) for any outdoor institutional or outdoor industrial use.
(d) This subsection applies to both subsection (b) and (c).
(1) Each operator of the property to be treated who is required to obtain a number shall provide the commissioner with a list of the counties in which pest control will be performed and all valid operator identification number(s) issued by other commissioners. The number(s) provided by the operator of the property shall be recorded by the commissioner on the operator's restricted materials permit or on a form approved by the director.
(2) The operator of the property to be treated shall be issued an operator identification number from the commissioner of each county in which the operator intends to perform pest control. The number shall be recorded on a restricted materials permit, if the operator of the property has such a permit, or issued on a form approved by the director, and shall be valid for a specified period not to exceed 36 months.
(3) The requirements of this section do not exempt an operator of the property to be treated from obtaining a restricted materials permit(s) or a qualified applicator certificate.

Note: Authority cited: Sections 12976, 13145 and 14005, Food and Agricultural Code. Reference: Sections 11501, 14006 and 14011.5, Food and Agricultural Code.

s 6623. Site Identification Numbers.
(a) Prior to the use of pesticide(s) for the production of an agricultural commodity, the operator of the property shall obtain site identification number(s) from the commissioner for each site where pest control work will be performed. The site identification number(s) shall be valid for the same, concurrent, period of time as the operator identification number.
(b) The site identification number(s) shall be recorded by the commissioner on a restricted materials permit, if the operator of the property has such a permit, or on a form approved by the director. The information on the permit or form shall include:
(1) The name and address of the operator of the property; (continued)