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(continued)
(2) The operator identification number;
(3) The location, description, or map of the site(s) where the pest control will be performed;
(4) A site identification number for each site where the pest control will be performed; and
(5) The date of issuance of the site identification number(s).
(c) The operator of the property shall retain a copy of each restricted material permit or form for two years and make them promptly available to the director or commissioner upon request.

Note: Authority cited: Sections 11456, 12976, 13145 and 14005, Food and Agricultural Code. Reference: Sections 12981, 14006 and 14011.5, Food and Agricultural Code.

s 6624. Pesticide Use Records.
(a) The following persons shall maintain records of pesticide use:
(1) Any person who uses a pesticide for an agricultural use as defined in Food and Agricultural Code section 11408, other than use on livestock as defined in Food and Agricultural Code section 18663;
(2) Any person who uses a pesticide listed in section 6400;
(3) Any person engaged for hire in the business of pest control;
(4) Any person who uses a pesticide for industrial post-harvest commodity treatment; and
(5) Any person who uses a pesticide listed in section 6800(b) for any outdoor institution or outdoor industrial use.
(b) The records shall include the following information for each pest control operation:
(1) Date of application;
(2) Name of the operator of the property treated;
(3) Location of property treated;
(4) Crop commodity, or site treated;
(5) Total acreage or units treated at the site; and
(6) Pesticide, including the U.S. Environmental Protection Agency (U.S. EPA) or State registration number which is on the pesticide label, and amount used.
(c) In addition to the information required in subsection (b), the operator of the property which is producing an agricultural commodity, and an agricultural pest control business applying pesticides to such property, shall include in the records the following information for each pest control operation:
(1) Location of the property treated, by county, section, township, range, base and meridian;
(2) Hour the treatment was completed;
(3) The operator identification number issued to the operator of the property treated;
(4) The site identification number issued to the operator of the property treated;
(5) Total acreage (planted) or units at the site; and
(6) Name or identity of the person(s) who made and supervised the application, if the pesticide application was made by an agricultural pest control business.
(d) The operator of the property which is producing an agricultural commodity shall maintain records of pesticides applied by an agricultural pest control business to such property, by site.
(e) In addition to the information required in (b), effective January 1, 2002, persons engaged for hire in the business of pest control at a school site [defined in Education Code section 17609(e)] shall include in the records the following information for each pest control operation:
(1) Time application was completed;
(2) Name and address of the school site; and
(3) Application location at the school site. For purposes of this subsection, location includes, but is not limited to, classrooms, playgrounds, cafeteria, vehicles, and athletic fields.
(f) The records 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 12976, 13145, 13188 and 14005, Food and Agricultural Code. Reference: Sections 11501, 11708, 11733, 13186, 14006 and 14011.5, Food and Agricultural Code.

s 6625. Pesticide Use Report for School Sites.
(a) In addition to the reporting requirements of section 6627, persons engaged for hire in the business of pest control at a school site and required to maintain pesticide use records pursuant to section 6624 shall report the use of pesticides to the Director. Effective January 1, 2002, the report shall be submitted, at least annually, by the 30th day following the end of the calendar year.
(b) The report shall be on a Department form, School Site Pesticide Use Reporting (PR-ENF-117 Est. 4/01), hereby incorporated by reference, or in a format approved by the Director. The report shall include the following:
(1) The name and address of the person who, or business/organization which, applied the pesticide(s);
(2) County where the pest control was performed;
(3) Date and time of pesticide use;
(4) Name and address of school site or school site identification number;
(5) Location of application;
(6) Pesticide, including the U.S. Environmental Protection Agency or State registration number which is on the pesticide label, and the amount used.

Note: Authority cited: Sections 11456, 11502, 12976, 13145, 13188 and 14005, Food and Agricultural Code. Reference: Sections 11501, 11708, 11733, 13186, 14006 and 14011.5, Food and Agricultural Code.

s 6626. Pesticide Use Reports for Production Agriculture.
(a) The operator of the property which is producing an agricultural commodity shall report the use of pesticides applied to the crop, commodity, or site to the commissioner of the county in which the pest control was performed. This report shall be hand-delivered or mailed, by the 10th day of the month following the month in which the work was performed. This report is not required if the pesticide use is reported to the commissioner by an agricultural pest control business as specified in subsection (b), however, the operator of the property treated shall retain a copy of the business' report by site for two years.
(b) An agricultural pest control business shall report the use of pesticides applied by it for the production of an agricultural commodity to the commissioner of the county in which the pest control was performed, by hand-delivery or by mail, within seven days of completion of the pesticide application. A copy of the report shall be sent by the business to the operator of the property where the pest control was done, within 30 days of completion of the pesticide application.
(c) Each report of pesticide use pursuant to this section shall be on a Department form or in a format approved by the director. Acceptable Department forms include form 38-017 for an operator of the property to report pursuant to subsection (a), and 39-025 for an agricultural pest control business to report pursuant to subsection (b). The information to be reported shall include the information specified in section 6624 and the name and address of the agricultural pest control business which made the application, if such a business made the application.
(d) If the report is mailed, the postmark shall be the date of delivery.
(e) If the county in which work was performed has no commissioner, the report shall be made to the director.

Note: Authority cited: Sections 11456, 11502, 12976, 13145 and 14005, Food and Agricultural Code. Reference: Sections 11501, 11708, 11733, 12981, 14006 and 14011.5, Food and Agricultural Code.

s 6627. Monthly Summary Pesticide Use Reports.
(a) Except as provided in Section 6626, persons required to maintain pesticide use records pursuant to Section 6624 shall report a summary of the monthly use of pesticides to the commissioner of the county in which the work was performed. The report shall be provided to the commissioner by the 10th day of the month following the month in which the work was performed. If the report is mailed, the postmark shall be the date of delivery.
(b) The report shall be on a Department form as specified in Section 6627.1 or in a format approved by the director. The report shall include the following:
(1) The name and address of the person who or business/organization which applied the pesticide(s);
(2) County where the pest control was performed;
(3) Month and year of pesticide use;
(4) Crop, commodity or site treated, except when using a designated use code, as specified on the Monthly Summary Pesticide Use Report form;
(5) Pesticide, including Environmental Protection Agency or State registration number which is on the pesticide label, and the amount used;
(6) Number of applications made with each pesticide and the total number of applications made during the month; and
(7) Total acres or units treated with each pesticide, except when using a designated use code, as specified on Summary Pesticide Use Report form.
(c) If the county in which the work was performed has no commissioner, the report shall be made to the director.

Note: Authority cited: Sections 11456, 11502, 12976, 13145 and 14005, Food and Agricultural Code. Reference: Sections 11501, 11708, 11733, 12981, 14006 and 14011.5, Food and Agricultural Code.

s 6627.1. Monthly Summary Pesticide Use Report Form.

s 6628. Negative Pesticide Use Reports.
(a) When during any month a licensed agricultural pest control business performs no pest control work in a county where the business is registered with the commissioner pursuant to Food and Agricultural Code Section 11732, it shall submit a report stating this fact to the commissioner, or to the director in any county where there is no commissioner, by the 10th day of the following month.
(b) When during any month a licensed structural pest control operator performs no pest control work in a county in which he provided notice of business operation to the commissioner pursuant to Section 15204 of the Food and Agricultural Code, he shall submit a report stating this fact to the commissioner, or to the director in any county where there is no commissioner, by the 10th day of the following month.
(c) If the report is mailed, the postmark shall be the date of delivery.

Note: Authority cited: Sections 11456, 11502, 12976, 13145 and 14005, Food and Agricultural Code. Reference: Sections 11501, 11708, 11733, 12981, 14006 and 14011.5, Food and Agricultural Code.

s 6630. Equipment Identification.
Each person engaged for hire in the business of pest control shall keep each ground rig, service rig, and similar equipment used for mixing or applying pesticides conspicuously and legibly marked with either the business' name, or with "Licensed Pest Control Operator," "Fumigation Division," "Licensed Fumigator" or substantially similar wording and the pest control operator license number of the person or firm. The markings shall be large enough to be readable at a distance of 25 feet.

Note: Authority cited: Sections 11456, 11502 and 12976, Food and Agricultural Code. Reference: Section 11501, Food and Agricultural Code.

s 6632. Recommendation and Use Permit.
Each person engaged for hire in the business of pest control shall have available a copy of both the written recommendation and the use permit covering each agricultural use application of a pesticide that requires a permit.

Note: Authority cited: Sections 11456, 11502 and 12976, Food and Agricultural Code. Reference: Sections 11501, 12003 and 14007, Food and Agricultural Code.

s 6634. Accident Reports.
Each person engaged for hire in the business of pest control shall report to the commissioner as soon as practicable, by the most expedient method, any forced landing, or emergency or accidental release of pesticides. Such report shall include the location, the pesticide and estimated amount.

Note: Authority cited: Sections 11456, 11502 and 12976, Food and Agricultural Code. Reference: Section 11501, Food and Agricultural Code.

s 6636. Pest Control Records and Reports.

Note: Authority cited: Sections 407, 11502 and 12976, Food and Agricultural Code. Reference: Sections 11501, 11708 and 11733, Food and Agricultural Code.

s 6650. Pesticides Toxic to Bees.
(a) Pesticides toxic to bees are those that include the words "toxic to bees" on the labeling of the pesticide, regardless of modifying words on the label that state "highly" or "moderately."
(b) Bees are considered to be inactive from one hour after sunset to two hours before sunrise or when the temperature is below 55 degrees Fahrenheit. The sunset and sunrise times will be those indicated in the local newspaper.
(c) Residual toxicity (RT) time is that period of time after completing a pesticide application until there is minimal toxic effect to bees. The RT time is specified on product labeling and is based upon Residual Toxicity 25 (RT 25) studies. RT 25 studies determine 25 percent bee mortality based on the test bee population exposed to the formulated pesticide product applied to foliage.

Note: Authority cited: Section 29102, Food and Agricultural Code. Reference: Sections 29100 and 29102, Food and Agricultural Code.

s 6651. Vector Control Exemption.
Pesticides diluted in one half gallon of water or more per acre applied by local vector control agencies or their contractors pursuant to a cooperative agreement with the Department of Health Services are exempt from the requirements of this article.

Note: Authority cited: Section 29102, Food and Agricultural Code. Reference: Sections 29100 and 29102, Food and Agricultural Code.

s 6652. Availability for Notification.
(a) Each beekeeper who desires advance notice of applications of pesticides shall inform the commissioner of a two-hour period between 6 a.m. and 8 p.m. each day, during which time the beekeeper shall be available for contact, at the beekeeper's expense, to receive advance notice from persons intending to apply pesticide(s). This request for notification shall expire on December 31 of each year.
(b) This section shall apply statewide. However, from March 15 through May 15 in a citrus/bee protection area, if there are conflicts between the provisions of this section and those of section 6656, section 6656 shall prevail.

Note: Authority cited: Sections 11456 and 29102, Food and Agricultural Code. Reference: Section 29102, Food and Agricultural Code.

s 6654. Notification to Beekeepers.
(a) Each person intending to apply any pesticide toxic to bees to a blossoming plant shall, prior to the application, inquire of the commissioner, or of a notification service designated by the commissioner, whether any beekeeper with apiaries within one mile of the application site has requested notice of such application.
(b) If the person performing pest control is advised of a request for notification, he or she shall notify the beekeeper, at least 48 hours in advance of the application, of the time and place the application is to be made, the crop and acreage to be treated, the method of application, the identity and dosage rate of the pesticide to be applied and how the person performing pest control may be contacted by the beekeeper. This time may be increased or decreased by the commissioner, or by a agreement of both the beekeeper and the person performing the pest control work.
(c) This section shall apply statewide. However, from March 15 through May 15 in a citrus/bee protection area, if there are conflicts between the provisions of this section and those of section 6656, section 6656 shall prevail.

Note: Authority cited: Section 29102, Food and Agricultural Code. Reference: Section 29102, Food and Agricultural Code.

s 6655. Notification Region for Butte, Glenn and Tehama Counties.
(a) The counties of Butte, Glenn and Tehama are established as a region for the notification of apiary owners of pesticide applications by pest control operators who are registered with the commissioners of any of these counties pursuant to Section 11732 of the Food and Agricultural Code and who are required to give notification to beekeepers pursuant to Section 6654.
(b) The agricultural commissioner of Glenn County shall be the coordinator for the region.
(c) Pest control operators specified in (a) shall pay an annual fee of $75.00 to the coordinator. The fee shall be paid at the same time the operator registers with any of the commissioners in the region as specified in (a).
(d) Beekeepers who have filed a request with any of the agricultural commissioners of the region for notification of pesticide usage pursuant to Section 29101 of the Food and Agricultural Code, shall pay an annual fee to the coordinator in accordance with the following schedule:
Beehives Annual Fee
1 to 100 $10.00
101 to 500 $25.00
501 to 2,000 $50.00
over 2,000 $100.00

The fee shall be paid at the same time the beekeeper files a request for notification of pesticide applications with any of the commissioners of the region.

Note: Authority cited: Sections 11456, 29080, 29081 and 29082, Food and Agricultural Code. Reference: Sections 29080, 29081, 29082, and 29101, Food and Agricultural Code.

s 6656. Citrus/Bee Protection Area.
(a) The area within one mile of any citrus planting of one acre or more in Fresno, Kern or Tulare county is designated as a citrus/bee protection area.
(b) The citrus bloom period, in any citrus grove, for purposes of declaring bloom and label interpretation, shall be from when 10 percent of the total citrus blossoms are open until 75 percent of the blossom petals on the north side of the trees have fallen.
The commissioner shall give public notice of the official beginning and ending dates of each citrus bloom period for each citrus growing district in the county, at least three days before establishing such dates.
(c) Pesticide applications may be made 48 hours or more after the official end of citrus bloom without advance notification to beekeepers until March 15 of the following year pursuant to section 6654(c). Growers/pesticide applicators wishing to make pesticide applications prior to 48 hours after the official end of bloom shall follow the inquiry and notification procedures specified in subsections (a) and (b) of section 6654.
(d) Each person who owns or operates any apiary within a citrus/bee protection area from March 15 through May 31, shall file a written notice of apiary location with the commissioner before March 15 and shall update such notice, including notice of departure from the citrus/bee protection area.
(e) Within a citrus/bee protection area, each beekeeper who desires notification of applications of pesticides shall be available for telephone contact at the beekeeper's expense between 4:00 p.m. and 7:00 p.m., Monday through Saturday from March 15 through May 31, to receive advance notice from persons intending to apply pesticide(s).
(f) Any person intending to apply a pesticide toxic to bees to citrus during a citrus bloom period, except as otherwise provided in this subsection, shall file a notice of intent with the commissioner as provided in section 6434(b) at least 48 hours prior to the intended application. This subsection shall not apply to pesticides listed in section 6656(g) applied when bees are inactive.
(g) Notwithstanding section 6654(b), the following pesticide applications may be made within a citrus/bee protection area during the citrus bloom period when bees are inactive without notification to beekeepers:
(1) Methomyl (Lannate);
(2) formetanate (Carzol);
(3) Chlorpyrifos (Lorsban);
(4) Any pesticide applied so that the RT period shown on the labeling will expire before the next period of bee activity.
(h) Except for applications of pesticides listed in subsection (g), and applications of pesticides that are not toxic to bees, within a citrus/bee protection area during the citrus bloom period, an application delay of 48 hours or more requires that the person intending to apply the pesticide recontact beekeepers and inform them of the change in scheduling.
(i) The following applications to citrus are prohibited within a citrus/bee protection area:
(1) Carbaryl (Sevin) from first bloom until complete petal fall.
(2) Any pesticide toxic to bees, except those exempted in subsection (g) during a citrus bloom period, unless the need for control of lepidoptera larvae or citrus thrips ( Scirtothrips citri ) has been established by written recommendation of a representative of the University of California, Agricultural Extension Service, or a licensed agricultural pest control adviser. The recommendation shall state either that the citrus planting does not meet the citrus bloom period criteria, or why alternatives less hazardous to bees would not be effective.
For azinphosmethyl (Guthion), this requirement shall remain in effect until complete petal fall.

Note: Authority cited: Sections 11456 and 29102, Food and Agricultural Code. Reference: Sections 29100, 29101 and 29102, Food and Agricultural Code.

s 6670. Container Control.
Pesticides, emptied containers or parts thereof, or equipment that holds or has held a pesticide, shall not be stored, handled, emptied, disposed of, or left unattended in such a manner or at any place where they may present a hazard to persons, animals (including bees), food, feed, crops or property. The commissioner may take possession of such unattended pesticides or emptied containers to abate such hazard.

Note: Authority cited: Sections 11456, 12976 and 12981, Food and Agricultural Code. Reference: Sections 11501, 12981 and 14102, Food and Agricultural Code.

s 6672. Delivery of Pesticide Containers.
(a) No person shall deliver a container which holds or has held a pesticide to a property unless he stores it in an enclosure or closure complying with the requirements of this section or delivers it to a person in charge of the property or his agent, or a pest control operator or his employee. The person receiving the container shall control access to it in accordance with this section.
(b) Each person who controls the use of any property or premises is responsible for all containers or equipment on the property which hold or have held a pesticide. Unless all such containers are under his personal control so as to avoid contact by unauthorized persons, he shall:
(1) Provide a person responsible to him to maintain such control over the containers at all times, or
(2) Store all such containers in a locked enclosure, or in the case of liquid pesticides in a container larger than 55 gallons capacity, the container shall have a locked closure. Either shall be adequate to prevent unauthorized persons from gaining access to any of the material.

Note: Authority cited: Sections 11456, 12976 and 12981, Food and Agricultural Code. Reference: Sections 11501, 12981 and 14102, Food and Agricultural Code.

s 6674. Posting of Pesticide Storage Areas.
Signs visible from any direction of probable approach shall be posted around all storage areas where containers which hold or have held pesticides required to be labeled with the signal words "warning" or "danger" are stored. Each sign shall be of such size that it is readable at a distance of 25 feet and be substantially as follows:
_______________________________________________________________
DANGER

POISON STORAGE AREA

ALL UNAUTHORIZED PERSONS KEEP OUT

KEEP DOOR LOCKED WHEN NOT IN USE

_______________________________________________________________
The notice shall be repeated in an appropriate language other than English when it may reasonably be anticipated that persons who do not understand the English language will come to the enclosure.

Note: Authority cited: Sections 11456, 12976 and 12981, Food and Agricultural Code. Reference: Sections 11501, 12981 and 14102, Food and Agricultural Code.

s 6676. Container Requirements.
Except as provided in the Food and Agricultural Code pertaining to service containers, any container which holds or has held any pesticide, when stored or transported, shall carry the registrant's label. All lids or closures shall be securely tightened except when the procedure described in Section 6684 has been followed. This section shall not apply to measuring devices that are not used to store or transport a pesticide.

Note: Authority cited: Sections 11456, 12976 and 12981, Food and Agricultural Code. Reference: Sections 11501, 12981 and 14102, Food and Agricultural Code.

s 6678. Service Container Labeling.
Service containers, other than those used by a person engaged in the business of farming when the containers are used on the property the person is farming, shall be labeled with:
(a) the name and address of the person or firm responsible for the container;
(b) the identity of the pesticide in the container; and
(c) the word "Danger," "Warning," or "Caution" in accordance with the label on the original container.

Note: Authority cited: Sections 11456, 11502, 12781 and 12859, Food and Agricultural Code. Reference: Sections 11501 and 12859, Food and Agricultural Code.

s 6680. Prohibited Containers for Pesticides.
In no case shall a pesticide be placed or kept in any container of a type commonly used for food, drink or household products.

Note: Authority cited: Sections 11456, 12976 and 12981, Food and Agricultural Code. Reference: Sections 11501, 12981 and 14102, Food and Agricultural Code.


s 6682. Transportation.
(a) Pesticides shall not be transported in the same compartment with persons, food or feed.
(b) Pesticide containers shall be secured to vehicles during transportation in a manner that will prevent spillage onto the vehicle or off the vehicle. Paper, cardboard, and similar containers shall be covered when necessary to protect them from moisture.

Note: Authority cited: Sections 11456, 12976 and 12981, Food and Agricultural Code. Reference: Sections 11501, 12981 and 14102, Food and Agricultural Code.

s 6684. Rinse and Drain Procedures.
(a) Except for containers to be returned to the registrant, each emptied container which has held less than 28 gallons of a liquid pesticide that is diluted for use shall be rinsed and drained by the user at time of use as follows:
(b)(1) Use the following amount of water or other designated spray carrier for each rinse.
Size of container Amount of rinse medium
Less than 5 gallons 1/4 container volume
5 gallons or over 1/5 container volume
(2) Place required minimum amount of rinse medium in the container, replace closure securely, and agitate.
(3) Drain rinse solution from container into tank mix. Allow container to drain 30 seconds after normal emptying.
(4) Repeat (2) and (3) above a minimum of two times so as to provide a total of three rinses; or
(c)(1) Invert the emptied container over a nozzle located in the opening of the mix tank which is capable of rinsing all inner surfaces of the container.
(2) Activate the rinse nozzle allowing the rinse solution to drain into the tank. The rinse shall continue until the rinse solution appears clear and a minimum of one-half of the container volume of rinse medium has been used. A minimum of 15 pounds pressure per square inch shall be used for rinsing; or
(d) Other rinse methods, at least equal in effectiveness to the above, approved by the director.

Note: Authority cited: Sections 11456, 12976 and 12981, Food and Agricultural Code. Reference: Sections 11501, 12981 and 14102, Food and Agricultural Code.

s 6686. Exemptions.
(a) Sections 6672, 6674, 6682, and 6684 shall not apply to containers which hold or have held pesticides packaged, labeled, and used for home use when in the possession of a householder on his property.
(b) Sections 6670 and 6672(b) shall not apply to exempt materials specified in section 6402 except where the commissioner, or the director in any county where there is no commissioner, determines that a hazard to public health and safety exists requiring the control specified in sections 6670 and 6672(b).
(c) Section 6684 shall not apply to outer shipping containers that are not contaminated with a pesticide.
(d) This article shall not apply to sanitizers, disinfectants, or medical sterilants.

Note: Authority cited: Sections 12976 and 12981, Food and Agricultural Code. Reference: Sections 11501, 12981 and 14102, Food and Agricultural Code.

s 6700. Scope.
This group specifies work practices for:
(a) employees who mix, load, apply, store, transport, or otherwise handle pesticides for any use, except for manufacturing, formulating or repackaging of pesticides; and
(b) for employees who are exposed to residues of pesticides after application to fields.
The requirements of this group do not allow a lower standard of protection when pesticide labeling statements require a higher standard of protection.
The requirements of this group do not apply to storage and transportation of pesticides in the manufacturer's sealed or closed container. In general, the work practices and safety requirements stated in this group are designed to reduce risk of exposure and to ensure availability of medical services for employees who handle pesticides, and to provide safe working conditions for field and other workers.

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

s 6701. Interpretation Consistent with Federal Standards.
Whenever the context will allow, the requirements of this subchapter should be interpreted at least as strict as, and consistent, with the Worker Protection Standards in Title 40 Code of Federal Regulations, Part 170. It is intended that these regulations, rather than those in Title 40 Code of Federal Regulations, Part 170, be enforced by the Department of Pesticide Regulation and county agricultural commissioners within the State of California. Any references to Part 170, Code of Federal Regulations on pesticide product labeling shall be considered a reference to Title 3, Division 6, California Code of Regulations when use occurs within California.

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

s 6702. Employer-Employee Responsibilities.
(a) The employer shall comply with each regulation in this subchapter which is applicable to the employer's action or conduct.
(b) The employer:
(1) is responsible for knowing about applicable safe use requirements specified in regulations and on the pesticide product labeling;
(2) shall inform the employee, in a language the employee understands, of the specific pesticide being used, pesticide safety hazards, the personal protective equipment and other equipment to be used, work procedures to be followed, and pesticide safety regulations applicable to all activities they may perform;
(3) shall supervise employees to assure that safe work practices, including all applicable regulations and pesticide product labeling requirements, are complied with;
(4) has the duty to provide a safe work place for employees and require employees to follow safe work practices; and
(5) shall take all reasonable measures to assure that employees handle and use pesticides in accordance with the requirements of law, regulations, and pesticide product labeling requirements.
(c) Employees shall utilize the personal protective equipment and other safety equipment required by pesticide product labeling or specified in this subchapter that has been provided by the employer at the work site in a condition that will provide the safety or protection intended by the equipment.

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

s 6704. Application of Labor Code.
In order to insure that rights granted to California employees by Chapter 1 of Division 5 of the California Labor Code are adequately provided to agricultural employees, including employee rights (1) to file confidential complaints alleging unsafe work conditions, (2) to have complaints promptly investigated, (3) to talk to inspectors or compliance officers, and to point out hazards during the inspection process, (4) to be notified of any relevant job hazard, and (5) to not be subject to any retaliation or discrimination because such employee has filed any complaint regarding an unsafe work condition, the director, commissioners, and the Department of Industrial Relations shall cooperate in fully implementing any master agreements entered into between these parties which are designed to insure enforcement of employees' rights as well as any inspection protocols adopted pursuant to such master agreements.

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

s 6706. Hazardous Areas.
When there is a reasonable suspicion by the Director or commissioner that a specific workplace has been or may be unsafe for workers due to exposure to active or inert ingredients in pesticide products, or breakdown products of these ingredients, the director or commissioner may require the employer to prohibit entry of employees into that workplace. The director or commissioner may require the employer to provide medical supervision for the period of time necessary for the director to determine the safety of the workplace to protect employees who have been working in or will enter that workplace. This medical supervision may include biological monitoring of persons for possible over-exposure to pesticide product ingredients or breakdown products of these ingredients. The director or commissioner may also specify exposure time limits and protective clothing and equipment to be worn by employees under these circumstances.

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

s 6708. Inspection Authority.

Note: Authority cited: Sections 407 and 12981, Food and Agricultural Code. Reference: Sections 12980 and 12981, Food and Agricultural Code.

s 6710. Pesticide Exposure Studies Involving Human Participants.
(a) No person shall conduct any pesticide exposure study in California, which involves human participants, unless the Director has given written authorization to the study director to conduct the pesticide exposure study according to an approved protocol.
(b) The study director shall submit the protocol to the Director for review and provisionary determination of acceptability.
(c) The Director shall forward a copy of the protocol and review documentation to the Office of Environmental Health Hazard Assessment for concurrent review.
(d) The Director shall provide comments to the study director on the basis of Department of Pesticide Regulation review and any comments from the Office of Environmental Health Hazard Assessment. The study director shall make any changes deemed necessary by the Director. Upon receipt of the Director's provisionary determination of acceptability, the study director shall obtain a review and approval from an Institutional Review Board (IRB). The IRB must conduct its review in compliance with Title 40 Code of Federal Regulations (Protection of Environment), Part 26 (Protection of Human Subjects).
(e) The study director shall submit to the Director the IRB's approval of the protocol and all documentation exchanged between the IRB and the study director related to the review.
(f) The Director shall make the final decision regarding approval or denial of the protocol based on the information required in subsection (e), other relevant available information available to the Director. The Director shall notify the study director in writing of the decision and the basis for the decision.
(g) The Director shall establish an expiration date for the approved protocol. In no instances shall the expiration date exceed that established by the IRB. If a pesticide exposure study is not completed by the expiration date established by the Director, the study director shall not continue the pesticide exposure study until the Director has approved the renewal of the protocol in writing as required in subsection (i).
(h) Protocol Amendment. The study director shall not make an amendment to the approved protocol that may impact the health of the human participants without approval from the Director. For amendments where participant health is potentially impacted, the study director shall make the request in writing. The proposed amendment, justification, potential impact on study participants, and any measures proposed to mitigate potential impacts shall accompany the request. The Director shall forward a copy of the proposed amendment and any accompanying documentation to the Office of Environmental Health Hazard Assessment for concurrent review. The Director shall provide comments to the study director on the basis of Department of Pesticide Regulation review and any comments from the Office of Environmental Health Hazard Assessment. The study director shall make any changes deemed necessary by the Director. Upon receipt of the Director's provisionary determination of acceptability, the study director shall obtain a review and approval of the proposed amendment from an IRB as required in subsection (d). The study director shall submit to the Director the protocol and all documentation exchanged between the IRB and the study director. The Director shall notify the study director of the decision and the basis for the decision. If approved by the Director, the pesticide exposure study shall be conducted in accordance with the approved amended protocol. In the event that the potential impact on human participants is uncertain, the study director shall consult with the Director.
(i) Renewal of Protocol. The study director shall obtain approval of renewal from an IRB as described in subsection (d) prior to requesting the Director's approval to renew the protocol. The study director shall submit, to the Director, the protocol and all documentation exchanged between the IRB and the study director regarding the renewal. After reviewing the documentation, if the Director approves the request for protocol renewal, the Director shall establish a revised expiration date. The revised expiration shall not exceed that date established in the IRB's renewal recommendation.
(j) In the event of any complications or adverse health effects identified during the conduct of the study, the study director shall take immediate action to ensure the health and safety of the human participants. The study director shall immediately notify the Director of such complications or adverse health effects and the immediate actions taken.
(k) The study director shall submit the following information to the Director by the expiration date:
(1) A statement regarding the status of the study including information as to whether the study was completed, postponed, or cancelled.
(2) A report and explanation of any complications or adverse health effects involving the human participants and what actions were taken.
(l) The Director or agricultural commissioner of the county where the study is taking place may inspect the pesticide exposure study activities to evaluate compliance with the protocol. The Director or commissioner may order the study director or human participants to cease immediately any human pesticide exposure activity conducted during the study to protect the safety of the human participants. The Director may cancel the authorization to conduct the pesticide exposure study whenever it is deemed necessary to protect participant safety, public safety, or the environment.

Note: Authority cited: Sections 12976 and 12981, Food and Agricultural Code. Reference: Sections 12980, 12981, 12987 and 12988, Food and Agricultural Code.

s 6712. Public Agencies.

Note: Authority cited: Sections 407 and 12981, Food and Agricultural Code. Reference: Sections 12980 and 12981, Food and Agricultural Code.

s 6714. Exemptions.

Note: Authority cited: Sections 407 and 12981, Food and Agricultural Code. Reference: Sections 12980 and 12981, Food and Agricultural Code.

s 6716. Sunset Review of Regulations.

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

s 6720. Safety of Employed Persons.
(a) The requirements of this article shall be complied with by the employer for the safety of employees handling pesticides.
(b) When only vertebrate pest control baits, solid fumigants (including aluminum phosphide, magnesium phosphide, and smoke cartridges), insect monitoring traps or non-insecticidal lures are handled, the employer is exempt from the requirements of Sections 6730 (Working Alone), 6732 (Change Area), and 6736 (Coveralls).
(c) When antimicrobial agents, used only as sanitizers, disinfectants, or medical sterilants, or pool and spa chemicals are handled, the employer is exempt from complying with the provisions of this subchapter, provided the employer instead complies with any applicable requirements in the following corresponding provisions of Title 8, California Code of Regulations. Where the word "None" appears in the Title 8 column, the employer does not have to comply with the corresponding regulations specified in the Title 3 column.
Title 3, CCR Title 8, CCR
6700 3200 and 3202
6702 3200 and 3203
6704 None
6706 None
6710 None
6720 As indicated in this Subsection
6723 3203, 3204, and 5194
6724 3203 and 5194
6726 3400
6728 None
6730 None
6732 3367
6734 3363 and 3366
6736 3383
6738 3380 through 3385, and 5144
6740 3317
6742 5141
6744 3203 and 5194
6746 None
Article 3. None
Article 4 None
Article 5 None
Article 6 None

(d) The provisions of sections 6734 and 6768 (Decontamination), 6726 and 6766 (Emergency Medical Care), 6736 (Coveralls), 6738(b)-(i) (Personal Protective Equipment), and 6770 (Field Reentry) do not apply to licensed agricultural pest control advisers and registered professional foresters, or employees under their direct supervision, while performing, after the application is completed, crop adviser tasks, including field-checking or scouting, making observations of the well-being of the plants, or taking samples provided:
(1) They have been trained equivalent to the requirements of section 6724 (licensed agricultural pest control advisers are considered trained for the purposes of this exception); and
(2) The licensed agricultural pest control adviser or registered professional forester responsible for the direct supervision has:
(A) Made specific determinations regarding appropriate personal protective equipment, needed decontamination facilities, and how to safely conduct crop adviser tasks;
(B) Informed each employee under his or her direct supervision of the pesticide product and active ingredient(s) applied, method and time of application, the restricted entry interval, and determinations made pursuant to (A) above; and
(C) Instructed each employee under his or her direct supervision regarding which tasks to perform and how to contact him or her if the need arises.
(e) The provisions of this Subchapter do not apply to employees handling consumer products packaged for distribution to, and use by, the general public, provided that employee use of the product is not significantly greater than the typical consumer use of the product.

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

s 6722. Age.

Note: Authority cited: Sections 407 and 12981, Food and Agricultural Code. Reference: Sections 12980 and 12981, Food and Agricultural Code.

s 6723. Hazard Communication for Pesticide Handlers.
(a) Before employees are allowed to handle pesticides, the employer shall display a copy of a completed Written Hazard Communication Information for Employees Handling Pesticides in Agricultural Settings (Pesticide Safety Information Series leaflet A-8) or Hazard Communication Information for Employees Handling Pesticides in Noncrop Settings (Pesticide Safety Information Series leaflet N-8), as applicable, at a central location at the workplace. Upon request, the employer shall read to the requesting employee, in a language understandable to that employee, Pesticide Safety Information Series leaflet A-8/N-8. Pesticide Safety Information Series Leaflet A-8/N-8 shall be written by the Department of Pesticide Regulation in English and Spanish. Pesticide Safety Information Series leaflets are available from the Department.
(b) The employer shall maintain, at a central location at the workplace accessible to employees who handle pesticides, the following:
(1) pesticide use records as specified in Section 6624(b), (c) and (e) for pesticides that have been handled by his or her employees;
(2) copies of available Pesticide Safety Information Series leaflets which are applicable to the pesticides and handling activities listed in the pesticide use records referred to in subsection (b)(1); and
(3) a Material Safety Data Sheet (MSDS), as specified by Title 8 California Code of Regulations, section 5194, for each pesticide listed in the pesticide use records referred to in subsection (b)(1). If the MSDS is not provided by the registrant of a pesticide, the employer shall:
(A) within seven working days of a request for a MSDS from an employee, employee representative or employee's physician, make written inquiry to the registrant of the pesticide, asking that a MSDS be sent to the employer. If the employer has made written inquiry within the last twelve months as to whether the pesticide is subject to the requirement for a MSDS or the employer has made a written inquiry within the last six months requesting new, revised or later information on the MSDS, the employer need not make additional written inquiry. A copy of the written inquiry shall immediately be sent to the person requesting the MSDS;
(B) notify the requester of the availability of the MSDS or provide a copy of the MSDS to the requester within fifteen days of receipt of the MSDS from the registrant; and
(C) if a response has not been received from the registrant within twenty-five working days of the date the inquiry was made, send the Department a copy of the inquiry with a notation that no response has been received. The employer is not precluded from obtaining and providing the MSDS utilizing other more expedient methods in lieu of those provided in this subsection.
(c) The employer shall inform employees, before they are allowed to handle pesticides and at least annually thereafter, of the location and availability of the records and other documents listed in this section or relating to employee training, monitoring, and potential exposure. If the location of the records and other documents changes, an employer shall promptly inform his or her employees of the new location.
(d) The employer shall provide, upon request of his or her employee, employee representative, or employee's physician, access to any records or other documents required to be maintained pursuant to this chapter. Access shall be granted as soon as possible and not to exceed forty-eight hours from the date of the request.
Informational Note : Other requirements relating to hazard communication can be found in Sections 6602, 6618, 6619, 6724, 6726, 6738, 6744, 6764, 6766, 6770, and 6776.

Note: Authority cited: Section 12981, Food and Agricultural Code. Reference: Sections 12980 and 12981, Food and Agricultural Code; and 29 Code of Federal Regulations, Part 1910.1200.

s 6723.1. Application-Specific Information For Handlers.
(a) The operator of property used for the commercial or research production of an agricultural plant commodity shall display, at a central location, the following application-specific information while employees are employed to handle pesticides:
(1) Identification of the treated area;
(2) Time and date of the application;
(3) Restricted entry interval; and
(4) Product name, EPA registration number, and active ingredients.
(b) The information shall be displayed within 24 hours of the completion of an application and include all applications that have been made to any treated field on the agricultural establishment within 1/4 mile of where employees will be working. Once displayed, the information shall remain displayed until the area no longer meets the definition of a treated field or handler employees will no longer be on the establishment, whichever occurs earlier.
(c) The original or copies of documents otherwise required to be maintained by this chapter may be used to meet the requirements of this section provided they contain the information required by this section.

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


s 6724. Handler Training.
The employer shall assure that employees who handle pesticides have been trained pursuant to the requirements of this section and that all other provisions of this section have been complied with for employees who handle pesticides.
(a) The employer shall have a written training program. The training program shall describe the materials (e.g., study guides, pamphlets, pesticide product labeling, Pesticide Safety Information Series leaflets, Material Safety Data Sheets, slides, video tapes) and information that will be provided and used to train his or her employees and identify the person or firm that will provide the training. The training program shall address each of the subjects specified in subsection (b) that is applicable to the specific pesticide handling situation. The employer shall maintain a copy of the training program while in use and for two years after use, at a central location at the workplace.
(b) The training shall cover, for each pesticide or chemically similar group of pesticides, to be used:
(1) Format and meaning of information, suchas precautionary statements about human health hazards, contained in pesticide product labeling; (continued)