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(A) the University of California, Integrated Pest Management Program, after January 1, 1993;
(B) other instructor training program approved by the director.
(4) A California Registered Professional Forester;
(5) A person holding a valid County Biologist License in Pesticide Regulation or Investigation and Environmental Monitoring issued by the California Department of Food and Agriculture;
(6) A farm adviser employed by the University of California Extension Office; or
(7) Other valid trainer qualification approved by the director.
Note: Authority cited: Section 12981, Food and Agricultural Code. Reference: Sections 12980 and 12981, Food and Agricultural Code.
s 6766. Emergency Medical Care.
(a) Emergency medical care for employees that enter fields that have been treated with pesticides shall be planned for in advance. The employer shall locate a facility where emergency care is available for employees who will be working in treated fields.
(b) The employees or their supervisor in the field shall be informed of the name and location of a physician or medical facility where emergency medical care is available, and if the identified facility is not reasonably accessible from that work location, the procedures to be followed to obtain emergency medical care.
(c) When there are reasonable grounds to suspect that an employee has a pesticide illness or when an exposure to a pesticide has occurred that might reasonably be expected to lead to an employee's illness, the employer shall ensure that the employee is taken to a physician immediately.
Note: Authority cited: Sections 11456 and 12981, Food and Agricultural Code. Reference: Sections 12980 and 12981, Food and Agricultural Code.
s 6768. Fieldworker Decontamination Facilities.
(a) The employer shall assure that sufficient water (of a quality and temperature that will not cause illness or injury when it contacts the skin or eyes or if it is swallowed), soap, and single use towels for washing of hands and face and for emergency eye flushing are reasonably accessible to all fieldworkers engaged in activities involving contact with treated surfaces in treated fields. The decontamination facilities shall be not more than 1/4 mile from the fieldworkers (or at the nearest point of vehicular access). Handwashing facilities provided in conjunction with toilet facilities pursuant to Title 8 California Code of Regulations, section 3457 (Field Sanitation), shall be considered adequate for the purposes of this section.
(b) The decontamination facilities shall not be in an area under a restricted entry interval unless the fieldworkers for whom the site is provided are performing early entry activities. The facilities shall not be in an area under treatment.
Note: Authority cited: Section 12981, Food and Agricultural Code. Reference: Sections 12980 and 12981, Food and Agricultural Code.
s 6769. Greenhouse Ventilation Criteria.
When a pesticide with product labeling requiring respiratory protection for application is applied by any method, or when any pesticide is applied as a fumigant, smoke, mist, fog, or aerosol inside a greenhouse, ventilation shall continue until:
(a) The concentration is measured and found not to exceed any pesticide product labeling standard; or
(b) One of the following has occurred if there is no labeling standard:
(1) Ten air exchanges are complete;
(2) Two hours of mechanical ventilation, such as with fans;
(3) Four hours of passive ventilation, such as opening vents, windows, or doors;
(4) Twenty-four hours with no ventilation; or
(5) Any combination of percentage portions of (1), (2), (3), and (4) the sum of which equals 100%.
Note: Authority cited: Section 12981, Food and Agricultural Code. Reference: Sections 12980 and 12981, Food and Agricultural Code.
s 6770. Field Entry After Pesticide Application.
(a) The employer shall not allow or direct any employee to enter or remain in a treated field before the restricted entry interval stated on pesticide product labeling or listed in section 6772 has expired except as provided in this section or otherwise expressly authorized by the director pursuant to Title 40 Code of Federal Regulations, Part 170.112(d) or (e).
(b) Employees may enter a treated field during a restricted entry interval to conduct pesticide handling activities, including soil incorporation (mechanical or watered-in), provided they are wearing the personal protective equipment specified on the pesticide product labeling for handling activities.
(c) An employee may enter a treated field during a restricted entry interval when there will be no contact with anything that has been treated, including soil, water, air, equipment, or plant surfaces, provided that inhalation exposure does not exceed any pesticide product labeling standard or, for greenhouses, the ventilation criteria in section 6769 have been met. Operating tractors or other equipment from inside an enclosed cab or when shields or other control methods, such as operator placement, physically prevent contact of the employee with anything that has been treated is considered to be a "no contact" activity for the purposes of this section.
(d) An employee may enter a treated field during a restricted entry interval specified on pesticide product labeling to conduct limited contact activities (including limited contact irrigation) that are necessary and unforeseen, provided that:
(1) The restricted entry interval is not for a pesticide product with the requirement on the labeling for both oral notification of workers and the posting of treated fields (double notification);
(2) At least 4 hours have elapsed since the end of the application;
(3) Inhalation exposure does not exceed the applicable pesticide product labeling standard or the ventilation criteria in section 6769 have been met;
(4) Exposure is minimal and limited to the feet, legs (below the knees), hands, and forearms (below the elbows);
(5) The personal protective equipment specified on pesticide product labeling for early entry or the optional personal protective equipment of coveralls, socks, chemical resistant footwear, chemical resistant gloves, and protective eyewear (if required by the pesticide product labeling) is utilized;
(6) The time in treated fields under a restricted entry interval does not exceed 8 hours in any 24 hour period for each employee entering under this exception; and
(7) The employees are informed that this exception is being used and about the provisions of (2), (3), and (6) orally or by posting notice.
(8) This exception may not be used if the supporting exception granted by the U. S. Environmental Protection Agency is not in effect.
(e) An employee may enter a treated field during a restricted entry interval specified on pesticide product labeling to conduct other activities, not included in (b), (c), and (d) that do not involve hand labor provided that:
(1) At least 4 hours have elapsed since the end of the application;
(2) Inhalation exposure does not exceed any pesticide product labeling standard or the ventilation criteria in section 6769 have been met;
(3) The personal protective equipment specified on pesticide product labeling for early entry is used; and
(4) Entry does not exceed 1 hour in any 24-hour period for any employee.
(f) An employee may enter a treated field after the expiration of the restricted entry interval specified on pesticide product labeling and while a restricted entry interval specified in section 6772 is in effect as provided below:
(1) To conduct activities, other than hand labor, provided that employees are wearing work clothing with long sleeves and legs, shoes with socks, and gloves.
Note: Authority cited: Section 12981, Food and Agricultural Code. Reference: Sections 12980 and 12981, Food and Agricultural Code.
s 6771. Requirements for Early Entry Fieldworkers.
(a) The employer shall assure that early entry fieldworkers are informed of pesticide product labeling requirements related to human hazards or precautions, first aid, symptoms of poisoning, use and care of personal protective equipment required for early entry into treated fields, the prevention, recognition, and first aid for heat-related illness, and the importance of washing thoroughly at the end of the exposure period.
(b) The employer shall provide all required personal protectiveequipment and provide for its cleaning (according to pesticide labeling instructions or, absent any instructions, washed in detergent and hot water), repair and replacement when it cannot be adequately cleaned or properly repaired. All personal protective equipment shall be inspected before each day of use. The employer shall assure that all personal protective equipment is kept separate from personal clothing, in a pesticide free, specifically designated place, when not in use. All required personal protective equipment required for fieldworker employees shall meet the applicable standards in section 6738.
(c) The employer shall assure that personal protective equipment is used correctly for its intended purpose.
(d) The employer shall assure that cleaned personal protective equipment is dried or stored in a well ventilated place to dry. The employer shall assure that contaminated personal protective equipment is kept and washed separately from other clothing or laundry.
(e) Personal protective equipment shall remain the property of the employer. Early entry fieldworkers shall not be allowed or directed to take home pesticide contaminated personal protective equipment. The employer shall inform any person who cleans or launders personal protective equipment that the equipment may be contaminated, about the hazards presented, and how to properly handle and clean it.
(f) The employer shall assure that at least one pint of eyeflush water is immediately accessible (carried by the fieldworker or on the vehicle the fieldworker is using) to each fieldworker who is performing, during any restricted entry interval specified on pesticide product labeling, early entry aclivities in a treated field for which the pesticide product labeling requires protective eyewear.
(g) The employer shall assure that early entry fieldworkers engaged in tasks pursuant to section 6770(d) and (e) are provided, at the place where they remove personal protective equipment, sufficient water, soap, and clean towels so that they may wash thoroughly at the end of the exposure period.
(h) The employer shall assure that a clean, pesticide-free place for storing personal clothing and putting on personal protective equipment at the start of work and taking off personal protective equipment at the end of the exposure period is provided for early entry fieldworkers
(i) The employer shall take appropriate measures to prevent heat related illness, when necessary.
Note: Authority cited: Section 12981, Food and Agricultural Code. Reference: Sections 12980 and 12981, Food and Agricultural Code.
s 6772. Restricted Entry Intervals.
(a) The restricted entry intervals specified in this section shall be applied according to the following:
(1) Other restricted entry intervals are found on pesticide product labeling. In case of an inconsistency between the pesticide product labeling and this section, the longer restricted entry interval shall be followed;
(2) If more than one restricted entry interval in this section is applicable to a given situation, the longer restricted entry interval shall apply, except as provided in section 6774;
(3) When reference is made to pounds of a pesticide in a restricted entry interval, the reference means pounds of active ingredient;
(4) A day is considered to be a 24-hour period beginning at the conclusion of the application to the identified field or portion of a field.
(b) The restricted entry intervals in days in the following table apply to the pesticide/crop combinations listed.
------------------------------------------------------------------------
Crop Apples Citrus Corn Grapes Peaches/ Other
Pesticide Nectarines Crops
------------------------------------------------------------------------
Azinphos-methyl 14(B) 30 21 14(B) 14(A),(B)
Chlorpyriphos 2
Diazinon 5 5 5
Endosulfan 2 2 2 2 2 2
Malathion 1 1 1
Methidathion
(Supracide) 30
Methomyl (Lannate) 7(C)
Parathion-methyl
(non-encapsulated) 14 14(D) 14(D) 14(E) 21 14(D)
Phorate (Thimet) 7
Phosmet (Imidan) 5 5
Propargite
(Omite/Comite) 21 42 7 30 21 21(F)(G)
Sulfur 3(H)
------------------------------------------------------------------------
Footnotes:
(A) This restricted entry interval for other crops applies to stone fruit, such as apricots, cherries, plums, and prunes, and pome fruit, such as pears, only. Stone fruit does not include almonds and other nut crops. (B) If the total Azinphos-methyl applied in the current calendar year is 1.0 pounds per acre or less, thinning may be done after 7 days. (C) Applications of methomyl made after August 15 have a 21 day restricted entry interval. This interval may be terminated after 10 days if leaf samples tested pursuant to section 6774(c)(4) show 0.1 micrograms per square centimeter or less of dislodgeable foliar residue of methomyl. (D) This restricted entry interval applies only when more than one pound per acre of non-encapsulated parathion-methyl is applied. (E) The restricted entry interval for non-encapsulated parathion-methyl on grapes in Monterey County is 6 days. (F) The restricted entry interval for strawberries and field grown roses treated with propargite is 3 days. (G) The restricted entry interval for cotton fields treated with propargite is 7 days. However, from the end of the restricted entry interval until the beginning of harvest, the employer shall assure that employees entering propargite treated cotton fields wear work clothing with long sleeves and legs and gloves. (H) This restricted entry interval for sulphur applies from May 15 through harvest in the counties of: Fresno, Kern, Kings, Madera, Merced, San Joaquin, Stanislaus, and Tulare; and during March and April in Riverside County. INFORMATIONAL NOTE FOR SECTION 6772: The inclusion of a reentry interval in this section does not imply that the use of a pesticide is currently registered. Consult the pesticide product labeling for permitted registered uses.
Note: Authority cited: Section 12981, Food and Agricultural Code. Reference: Sections 12980 and 12981, Food and Agricultural Code.
s 6774. Restricted Entry Interval Adjustments.
(a) The adjustments in this section apply only to restricted entry intervals specified in section 6772.
(b) Whenever a mixture of two or more organophosphate pesticides is applied, the restricted entry interval shall be lengthened by adding to the longest applicable restricted entry interval listed in 6772, 50 percent of the next longest applicable restricted entry interval.
(c) When there is no foliage on the plant that has been treated by a pesticide and any crop or weed cover in the treated area is not over 4 inches in height, the restricted entry interval shall be reduced by 50 percent, but in no case to less than the restricted entry interval specified on the pesticide product labeling.
(d) A restricted entry interval may be shortened to not less than the restricted entry interval specified on the pesticide product labeling upon verification by the county agricultural commissioner that one of the following has occurred:
(1) two inches of rainfall within any seven-day period following the pesticide application;
(2) the equivalent of two inches of rainfall has been applied evenly above all plants by sprinkler irrigation equipment within any seven-day period following the pesticide application;
(3) for tree crops, at least 50 gallons of water has been applied at one time under pressure and evenly distributed to each tree; or
(4) the plants have been tested by a procedure acceptable to the director and determined to have no residues or to have residue levels that the director considers not to be hazardous.
(e) Whenever the pesticide product labeling specifies that a restricted entry interval be adjusted when outdoor applications are made in areas that receive less than 25 inches of average annual rainfall, the restricted entry interval specified for the dry areas shall apply to all outdoor applications in the State. A county agricultural commissioner, upon presentation of valid rainfall data from am official governmental source showing that an area within his or her county receives 25 inches or more of average annual rainfall, may exempt that area from this requirement.
Note: Authority cited: Section 12981, Food and Agricultural Code. Reference: Sections 12980 and 12981, Food and Agricultural Code.
s 6776. Field Postings.
(a) The operator of the property shall assure that signs are posted around treated fields in the following circumstances:
(1) Whenever required by pesticide product labeling, unless access to the treated field is controlled in a manner that assures no employee (other than the handlers making the application) will enter, work in, remain in, or walk within 1/4 mile during the application and the restricted entry interval;
(2) All greenhouse applications, unless access is controlled in a manner that assures no employee (other that the handlers making the application) will enter, work in, remain in, or pass through the greenhouse during the application and the restricted entry interval; and
(3) Any application that results in a restricted entry interval of greater than 7 days (after adjustment pursuant to section 6774).
(b) The signs shall be of a size so that the wording specified in (2) and (3) is readable and the skull and crossbones symbol is clearly visible, to a person with normal vision, from a distance of 25 feet. Signs complying with the size requirements of Title 40 Code of Federal Regulations, Part 170.120 are considered to be readable at 25 feet. The signs shall contain the following:
(1) The skull and crossbones symbol near the center of the sign;
(2) The words "DANGER" and "PELIGRO" and "PESTICIDES" and "PESTICIDAS" in the under portion of the sign;
(3) The words "KEEP OUT" and "NO ENTRE" in the lower portion on the sign;
(4) Whenever the sign is used to indicate a restricted entry interval of more than 7 days, the following information in the lower portion of the sign:
(A) The date of unrestricted entry;
(B) The name of the operator of the property; and
(C) The field identification, (if any); and
(5) All letters and the symbol shall be of a color which sharply contrasts with their immediate background.
(6) The Spanish portion of the sign may be replaced with another non-English language which is read by a majority of workers who do not read English. The replacement sign must be in the same format and meet the same size and other requirements as the original.
(c) The signs shall:
(1) Be posted before the application begins but shall not be posted unless a pesticide application is scheduled within the next 24 hours;
(2) Remain posted and clearly legible throughout the application and the restricted entry interval; and,
(3) Be removed within 3 days after the end of the restricted entry interval and before any entry prohibited during a restricted entry interval.
(d) The signs shall be posted so that they are visible at all usual points of entry to the treated area, including each road, footpath, walkway, or aisle that enters the treated field, and each border with any labor camp adjacent to the treated field. If there are no identified usual points of entry to the treated field, signs shall be posted at the corners of the treated field. When a treated field is adjacent to an unfenced public right-of-way, such as a road, trail, or path, additional signs shall be posted at each end of the treated field and at intervals not exceeding 600 feet along the treated field's border with the right-of-way.
(e) When a pesticide product with the signal word "DANGER" on the label, or a minimal exposure pesticide listed in section 6790, is being applied to a field through an irrigation system, signs shall be posted in the manner specified in (d). These signs shall contain the following:
(1) An octagon stop sign symbol at least 8 inches in diameter containing the word "STOP" in English;
(2) The words "KEEP OUT" and "NO ENTRE" above the symbol and the words "PESTICIDES IN IRRIGATION WATER" and "PESTICIDAS EN AGUA de RIEGO" below the symbol;
(3) All letters shall be at least 2 1/2 inches tall; and
(4) All letters and the symbol shall be of a color which sharply contrasts with their immediate background.
(f) When a fumigant is applied to a field, signs shall be posted in the manner specified in (d). These signs shall contain the following information instead of the information specified in (b):
(1) The skull and crossbones symbol; and
(2) The following statements:
(A) "DANGER/PELIGRO";
(B) "Area under fumigation, DO NOT ENTER/NO ENTRE";
(C) "(Name of Fumigant) Fumigant in use";
(D) The date and time of the fumigation; and
(E) The name, address, and telephone number of the applicator.
Note: Authority cited: Section 12981, Food and Agricultural Code. Reference: Sections 12980 and 12981, Food and Agricultural Code.
s 6778. Records.
Note: Authority cited: Sections 407 and 12981, Food and Agricultural Code. Reference: Sections 12980 and 12981, Food and Agricultural Code.
s 6780. General Fumigation Safe-Use Requirements.
(a) When fumigant concentrations cannot be controlled and an employee's exposure exceeds the Permissible Exposure Limit (PEL) as specified in Title 8, California Code of Regulations, Section 5155, Airborne Contaminants, or more stringent requirements by product labeling, the employer shall provide and require the employee to wear approved respiratory protective equipment.
(b) Whenever an employee may be exposed above an exposure standard to methyl bromide, sulfuryl fluoride, or any other fumigant for which only air-supplied respirator equipment is approved, the employer shall either:
(1) require the use of air-supplied respirator equipment,
(2) employ continuous monitoring to warn employees before the PEL is reached or
(3) operate under the provisions of (c) below.
(c) Upon written application by an employer, the director will review and may accept a Fumigation Safety Program that described methods, work practices, devices, or processes which the director determines will ensure that employees will not be exposed to concentrations of fumigants in excess of the PEL.
(d) The employer shall have an accident response plan at the worksite. The plan shall provide instructions to protect employees during situations such as spills, fire, and leaks. Employees shall be trained in accident management procedures based on the plan.
Note: Authority cited: Sections 11456 and 12981, Food and Agricultural Code. Reference: Section 12981, Food and Agricultural Code.
s 6782. Fumigation in Enclosed Spaces.
Enclosed spaces include vaults, chambers, greenhouses, vans, boxcars, ships, planes, vehicles, and tarpaulin-covered structures and commodities. When fumigating tarpaulin-covered commodities inside buildings, and areas or things inside greenhouses, this section applies to the entire structure.
(a) Whenever a pesticide is used for fumigation inside an enclosed space, at least two trained employees shall be present at all times when:
(1) The fumigant is introduced into the enclosed space;
(A) Except, only one trained person is required to be present when solid fumigants (including aluminum phosphide, magnesium phosphide, and smoke cartridges) are introduced into the enclosed space from outside the enclosed space;
(2) The enclosed space is entered for the purpose of facilitating aeration; and
(3) The enclosed space is entered to determine the concentration of the fumigant and personal protective equipment is required by pesticide product labeling or regulation.
(b) The second employee shall have immediate access to the personal protective equipment required by the pesticide product labeling for handlers in the event entry into the fumigated enclosed space becomes necessary for rescue.
(c) Prior to the commencement of fumigation, warning signs shall be posted in plainly visible locations on or in the immediate vicinity of all entrances to the space under fumigation and shall not be removed until fumigation and ventilation have been completed, and the premises is safe for reentering. Warning signs shall be printed in red on white background and shall contain, in English and Spanish, the following statement in letters not less than two inches in height: "DANGER-FUMIGATION." They shall also depict a skull and crossbones not less than one inch in height and shall state in letters not less than one-half inch in height the name of the fumigant, the date and time the fumigant was injected, and the name, address and telephone number of the applicator performing the fumigation.
(d) Employees shall not be allowed to enter fumigated enclosed areas, except to determine the fumigant concentration or facilitate aeration unless the concentration in the area is known to be at or below the level specified in 6780(a) above.
(e) The fumigant shall not be released into an occupied work area.
(f) After completion of the fumigation, the treated area or products shall be managed so that employees entering the area or working with the treated products are not exposed to a concentration in excess of the level specified in 6780(a) above.
Note: Authority cited: Section 12981, Food and Agricultural Code. Reference: Sections 12980 and 12981, Food and Agricultural Code.
s 6784. Field Fumigation.
(a) Signs required to be posted in accordance with section 6776(f) shall remain in place until aeration is complete.
(b) The provisions of this subsection pertain to field soil fumigations using methyl bromide, singly or in combination with chloropicrin or any other pesticide or warning agent, applied pursuant to the fumigation methods described in section 6450.3.
(1) Employer Recordkeeping. The employer shall maintain records for all employees performing fumigation-handling activities. The records shall identify the person, work activity(ies), date(s), duration of handling, the U.S. Environmental Protection Agency Registration Number, and the brand name of the methyl bromide product handled. The employer shall maintain these use records at a central location for two years.
(2) Employee Protection Requirements.
(A) Employees involved primarily in shoveling shall work only at the ends of the application rows.
(B) Whenever methyl bromide, singly or in combination with chloropicrin or any other pesticide or warning agent, is used for field soil fumigation, at least two trained employees shall be present during introduction of the fumigant and removal of tarpaulins, if used.
(C) When required by this section, employees shall wear National Institute for Occupational Safety and Health (NIOSH)-certified respiratory protection specifically recommended by the manufacturer for use in atmospheres containing less than five parts per million methyl bromide. Employees shall wear the required respiratory protection during the entire duration of the fumigation-handling activity. NIOSH-approved, air-supplying respiratory protection may be used in lieu of chemical cartridge respirators.
(3) Limited Work Hours and Workdays.
(A) No employee may work in fumigation-handling activities more than the hours specified in Table 1 -Maximum Work Hours during the injection period and during the restricted-entry interval.
1. An employee may perform fumigation-handling activities without the work-hour limitations specified in Table 1 -Maximum Work Hours if a full-face respirator is worn during the entire duration of the activity.
2. Multiple-Task Employees. An employee may work in more than one work task and/or application method in a 24-hour period as long as the employee's total work hours do not exceed the lowest total hours specified in Table 1 -Maximum Work Hours for any one work task or application method performed.
(B) Notwithstanding subsection (b)(3)(A), an employee may work in fumigation-handling activities in a 24-hour period for the work hours specified in Table 2 -Maximum Work Hours in a Maximum Three (3)Workdays Per Calendar Month during the injection period and during the restricted-entry interval, provided the employee's total workdays performing fumigation-handling activities do not exceed three days in a calendar month.
1. An employee may perform fumigation-handling activities without the work-hour limitations specified in Table 2 -Maximum Work Hours in a Maximum Three (3)Workdays Per Calendar Month if a half-face respirator is worn during the entire duration of the activity.
2. Multiple-Task Employees. An employee may work in more than one work task and/or application method in a 24-hour period as long as the employee's total work hours do not exceed the lowest total hours specified in Table 2 -Maximum Work Hours in a Maximum Three (3) Workdays Per Calendar Month for any one work task or application method performed.
Table 1. Maximum Work Hours
Maximum Work
Hours in a 24-Hour
Period Wearing
Maximum Half-Face Respirator
Application Rate During Entire
(lbs. of actual Fumigation-Handling
Fumigation Method/Activities methyl bromide) Activity
Nontarpaulin/Shallow/Bed:
Tractor Equipment Driving 200 lbs. 9 [FNa1]
Supervising 9 [FNa1]
Nontarpaulin/Deep/Broadcast:
Tractor Equipment Driving 400 lbs. 10 [FNa1]
Supervising no limitation [FN1]
Tarpaulin/Shallow/Broadcast:
Tractor Equipment Driving 8 [FNa1]
Shoveling, Copiloting 4 [FNa1]
Supervising 400 lbs. 4 [FNa1]
Tarpaulin Cutting no limitation [FN1]
Tarpaulin Removal no limitation [FN2]
Tarpaulin/Shallow/Bed:
Tractor Equipment Driving no limitation
Shoveling, Copiloting 250 lbs. 8 [FNa1]
Supervising 8 [FNa1]
Tarpaulin Cutting no limitation [FN1]
Tarpaulin Removal no limitation [FN2]
Tarpaulin/Deep/Broadcast:
Tractor Equipment Driving 8 [FNa1]
Shoveling, Copiloting 400 lbs. 4 [FNa1]
Supervising 4 [FNa1]
Tarpaulin Cutting no limitation [FN1]
Tarpaulin Removal no limitation [FN2]
Drip System - Hot Gas:
Applicators 5 [FNa1]
Supervising 225 lbs. 5 [FNa1]
Tarpaulin Cutting no limitation [FN1]
Tarpaulin Removal no limitation [FN2]
_____________
[FN1]1 Exception: An employee may perform this activity without a half-face respirator provided the employee does not work more than one hour in a 24-hour period. The maximum one-hour work limitation may be increased in accordance with the formula located below.
[FN2]2 Exception: An employee may perform this activity without a half-face respirator provided the employee does not work more than three hours in a 24- hour period. The maximum three-hour work limitation may be increased in accordance with the formula located below.
[FNa1] If the actual methyl bromide application rate is less than the maximum application rate shown in Table 1 or below in Table 2 for the particular fumigation method used, the maximum work hours may be increased in accordance with the following formula:
maximum revised maximum
maximum application rate for method X work hours in a = work hours in a
actual application rate 23-hour period 24-hour period
Table 2. Maximum Work Hours in a Maximum Three (3) Workdays Per Calendar Month
Maximum Work
Hours in a
Maximum 24-Hour Period
Application Rate Without the
(lbs. of actual Use of
Fumigation Method/Activities methyl bromide) Respirators
Nontarpaulin/Shallow/Bed:
Tractor Equipment Driving 200 lbs. 4 [FNa1]
Supervising 4 [FNa1]
Nontarpaulin/Deep/Broadcast:
Tractor Equipment Driving 400 lbs. 4 [FNa1]
Supervising 7 [FNa1]
Tarpaulin/Shallow/Broadcast:
Tractor Equipment Driving 4 [FNa1]
Shoveling, Copiloting 3 [FNa1]
Supervising 400 lbs. 3 [FNa1]
Tarpaulin Cutting 4
Tarpaulin Removal 7
Tarpaulin/Shallow/Bed:
Tractor Equipment Driving 4 [FNa1]
Shoveling, Copiloting 250 lbs. 4 [FNa1]
Supervising 4 [FNa1]
Tarpaulin Cutting 4
Tarpaulin Removal 7
Tarpaulin/Deep/Broadcast:
Tractor Equipment Driving 4 [FNa1]
Shoveling, Copiloting 400 lbs. 3 [FNa1]
Supervising 3 [FNa1]
Tarpaulin Cutting 4
Tarpaulin Removal 7
Drip System - Hot Gas:
Applicators 2 [FNa1]
Supervising 225 lbs. 2 [FNa1]
Tarpaulin Cutting 4
Tarpaulin Removal 7
(C) No employee shall be allowed to alternate between the workday and work-hour requirements specified in subsection (b)(3)(A) and (B) unless the employee did not perform fumigation-handling activities during the previous 30 days.
(4) Tarpaulin Cutting and Removal Procedures.
(A) Tarpaulin cutting and tarpaulin removal shall be discontinued if the presence of gas is readily evident (onset of eye irritation or odor).
(B) Tarpaulins used for broadcast fumigations shall be cut using only mechanical methods including all-terrain vehicle or a tractor with a cutting wheel. Each tarpaulin panel used for broadcast fumigations shall be cut lengthwise.
(5) Tarpaulin Repair.
(A) The operator of the property shall assure that a "tarpaulin repair response plan" is provided to the commissioner. The tarpaulin repair response plan shall identify the responsibilities of the licensed pest control business and/or the permittee with regard to tarpaulin damage detection and repair activities. At a minimum, the tarpaulin repair response plan shall indicate the parties responsible for the repair and incorporate the applicable elements listed in (B) below.
(B) The "tarpaulin repair response plan" approved by the commissioner in the work site plan must state with specificity the situations when tarpaulin repair must be conducted. The situations should be based on, but not limited to, hazard to the public, residents, or workers; proximity to occupied structures, size of the damaged area(s); timing of damage; feasibility and response time of repair; and environmental factors such as wind speed and direction.
(C) The ambient air in the damaged areas of the tarpaulin to be repaired must be tested for methyl bromide concentration by a certified applicator of the licensed pest control business that made the application, or by a certified applicator employee of the permittee, or certified applicator permittee, using a testing device as specified by the labeling. The certified applicator must wear self-contained breathing apparatus when conducting these tests.
(D) All repair work areas must test less than five parts per million methyl bromide before any employee without respiratory protection shall be allowed to enter and conduct tarpaulin repair. Such employee is limited to one work hour in a 24-hour period, unless respiratory protection specified in subsection (b)(2)(C) is worn.
Note: Authority cited: Sections 11456 and 12981, Food and Agricultural Code. Reference: Section 12981, Food and Agricultural Code.
s 6790. Minimal Exposure Pesticides.
This article applies to the following:
(a) Bromoxynil (Buctril, Bronate)
(b) Folpet
(c) Oxydemeton-methyl (Metasystox-R)
(d) Propargite (Omite, Omite CR, Comite)
Note: Authority cited: Sections 11456 and 12981, Food and Agricultural Code. Reference: Sections 12980 and 12981, Food and Agriculture Code.
s 6791. Exemptions.
The following exemptions apply to the specific minimal exposure pesticides:
(a) Folpet, when contained in or added to paints, coatings, or caulking compounds, is exempt from the requirements of this article.
(b) [Reserved].
Note: Authority cited: Sections 11456 and 12981, Food and Agricultural Code. Reference: Sections 12980 and 12981, Food and Agriculture Code.
s 6792. Conditions of Use.
The following conditions apply to the specific minimal exposure pesticides:
(a) Applications of oxydemeton-methyl to ornamental landscape trees and shrubs shall be made by trunk injection or soil injection methods only;
(b) Oxydemeton-methyl shall not be applied within a greenhouse; and
(c) Propargite shall not be applied within a greenhouse.
Note: Authority cited: Sections 11456 and 12981, Food and Agricultural Code. Reference: Sections 12980 and 23981, Food and Agriculture.
s 6793. Minimal Exposure Pesticide Safety Use Requirements.
(a) The employer shall provide a clothing change area and instructions, as required by section 6732, for employees who handle minimal exposure pesticides for any period of time, regardless of the toxicity category of the product used.
(b) The employer shall provide washing facilities, as specified in section 6734, where minimal exposure pesticides are mixed or loaded, regardless of the toxicity category of the product used.
(c) The employer shall provide and maintain work clothing, as specified in section 6736, and require it to be worn, regardless of the toxicity category.
(d) The employer shall provide a closed system, as defined in section 6000, and require its use by all employees who mix, load or transfer liquid formulations or load diluted liquid mixes derived from dry formulations of minimal exposure pesticides, regardless of the toxicity category of the product used. The requirements of this subsection do not apply to:
(1) employees who handle a total of one gallon or less of these pesticides per day exclusively in original containers of one gallon or less; or
(2) regulatory personnel collecting samples of these pesticides according to official sampling procedures.
(e) The employer shall provide and require employees to wear full body chemical resistant protective clothing, as specified in section 6738(d), when handling minimal exposure pesticides. Employees working in the following situations are not required by this subsection to wear chemical resistant full body protective clothing, but this clothing shall be present at the work site:
(1) employees using a closed system, or sealed water soluble packets, while mixing, loading or transferring these pesticides. These employees shall wear a chemical resistant apron, chemical resistant gloves and chemical resistant boots;
(2) employees working as applicators in enclosed cabs;
(3) employees working as flaggers in enclosed vehicles;
(4) applicators using vehicle mounted or towed equipment to inject or incorporate these pesticides into the soil; and
(5) applicators using equipment with vehicle mounted spray nozzles directed downward and located below the level of the employee.
(f) The employer shall provide and require employees to wear respiratory protection, as specified in section 6738(e), when engaged in:
(1) Hand application or ground application of minimal exposure pesticides, except:
(A) Reserved;
(B) applicators using vehicle mounted or towed equipment to inject or incorporate these pesticides into the soil; and
(C) applicators using equipment with vehicle mounted spray nozzles directed downward and located below the level of the employee;
(2) Flagging during an application of a minimal exposure pesticide, except flaggers in enclosed vehicles; and
(3) Mixing or loading dry formulations of minimal exposure pesticides, except mixers or loaders using sealed water soluble packets.
(g) All protective clothing and equipment shall be cleaned inside and out or discarded at the end of the day's use.
Note: Authority cited: Sections 11456 and 12981, Food and Agricultural Code. Reference: Sections 12980 and 12981, Food and Agriculture Code.
s 6795. Thiophanate-Methyl.
(a) Employers shall provide and ensure that employees who handle pesticides containing thiophanate-methyl for the treatment of potato seed pieces wear respiratory protection approved by NIOSH/MSHA for dusts.
(b) Indoor applications of thiophanate-methyl for potato seed-piece treatment are prohibited if there are persons within the room or enclosed space where the treatment is taking place, unless the persons are protected in the manner specified in subsection (a).
Note: Authority cited: Sections 11456 and 12981, Food and Agricultural Code. Reference: Sections 12980 and 12981, Food and Agricultural Code.
s 6800. Groundwater Protection List.
Pesticides labeled for agricultural, outdoor institutional or outdoor industrial use that contain any of the following chemicals are designated as having the potential to pollute ground water:
(a) The following chemicals detected in ground water or soil pursuant to section 13149 of the Food and Agricultural Code:
(1) Atrazine
(2) Simazine
(3) Bromacil
(4) Diuron, except for products with less than 7% diuron that are applied to foliage
(5) Prometon
(6) Bentazon (Basagran[)
(7) Norflurazon
(b) The following chemicals identified pursuant to section 13145(d) of the Food and Agricultural Code:
Acephate
Acrolein
Alachlor
Aldicarb
Azinphos-methyl
Bensulide
Butylate
Carbaryl
Carbofuran
Chloropicrin
Chlorothalonil
Chlorsulfuron
Cyanazine
Cycloate
Dazomet
2,4-D, dimethylamine salt
Diazinon
Dichlobenil
Dichloran
Diethatyl-ethyl
Dimethoate
Diquat dibromide
Disulfoton
EPTC
Ethofumesate
Ethoprop
Fenamiphos
Fluometuron
Fonofos
Fosetyl-Al technical
Hexazinone
Imazethapyr
Imidacloprid
Iprodione
Isoxaben
Linuron
Metalaxyl
Metaldehyde
Methiocarb
Methomyl
Methyl isothiocyanate
Metolachlor
Metribuzin
Molinate
Napropamide
Naptalam, sodium salt
Nitrapyrin
Oryzalin
Oxydemeton-methyl
Parathion
Pebulate
Phorate
Prometryn
Propyzamide
Pyrazon
Rimsulfuron
Sulfometuron-methyl
Tebuthiuron
Triallate
Triflumizole
Vernolate
Vinclozolin
Note: Authority cited: Sections 11456 and 13145, Food and Agricultural Code. Reference: Sections 13144, 13145 and 13149, Food and Agricultural Code.
s 6802. Pesticide Management Zones.
Note: Authority cited: Sections 11456, 12976 and 13145, Food and Agricultural Code. Reference: Section 13145, Food and Agricultural Code.
s 6804. Specific Numerical Values.
Specific numerical values required by Food and Agricultural Code section 13144(a) are established as follows:
(a) Water solubility -3 ppm
(b) Soil adsorption coefficient (Koc) -1900 cm<>3/gm
(c) Hydrolysis -14 days half-life
(d) Aerobic soil metabolism -610 days half-life
(e) Anaerobic soil metabolism-9 days half-life
Note: Authority cited: Sections 11456 and 13145, Food and Agricultural Code. Reference: Sections 13144 and 13145, Food and Agricultural Code.
s 6806. Use Reporting.
Note: Authority cited: Sections 407, 12976, 13145 and 14102, Food and Agricultural Code. Reference: Section 13145, Food and Agricultural Code.
s 6806.1. Groundwater Protection List Use Report Form.
s 6808. Sunset Review of Regulations.
Note: Authority cited: Section 11456, Food and Agricultural Code. Reference: Section 11456, Food and Agricultural Code.
s 6860. Toxic Air Contaminants List.
The Director designates the following pesticides to be toxic air contaminants:
(a) The following pesticides are designated toxic air contaminants pursuant to Food and Agricultural Code Section 14023:
Ethyl parathion
Methyl isothiocyanate (MITC) and other pesticides that generate MITC
Methyl parathion
S,S,S-tributyl phosphorotrithioate (DEF, tribufos)
(b) The following pesticides are designated toxic air contaminants to implement Food and Agricultural Code Section 14021:
Acrolein
Arsenic acid
Arsenic pentoxide
Arsenic trioxide
Captan
Carbaryl
Carbon disulfide-generating pesticides
Chlorine
Chromic acid
m-Creosol
2,4-D salts and esters
1,4-Dichlorobenzene
1,3-Dichloropropene
Dichlorovos
Ethylene oxide
Formaldehyde
Hydrochloric acid
Lindane
Mancozeb
Maneb
Methanol
Methoxychlor
Methyl bromide
Naphthalene
10 10'oxybisphenoxyarsine
Pentachloronitrobenzene
Pentachlorophenol
Phenol
Phosphorus
Phosphine and phospine-generating pesticides
Potassium permanganate
Propoxur
Propylene oxide
Sodium cyanide
Sodium dichromate
Trifluralin
Xylene
Note: Authority cited: Sections 11456 and 14023, Food and Agricultural Code. Reference: Sections 14021 and 14023, Food and Agricultural Code.
s 6890. Criteria for Identifying Pesticides as Toxic Air Contaminants.
A pesticide shall be identified as a toxic air contaminant if its concentrations in ambient air are greater than the following levels (for the purposes of this section, a threshold is defined as the dose of a chemical below which no adverse effect occurs):
(a) For pesticides which have thresholds for adverse health effects, this level shall be ten-fold below the air concentration which has been determined by the Director to be adequately protective of human health.
(b) For pesticides which do not have thresholds for adverse health effects, this level shall be equivalent to the air concentration which would result in a ten-fold lower risk than that which has been determined by the Director to be a negligible risk.
Note: Authority cited: Section 11456, Food and Agricultural Code. Reference: Sections 14021 and 14023, Food and Agricultural Code.
s 6895. Prohibition of Use of Weed Oils.
Note: Authority cited: Sections 407, 12781 and 12981, Food and Agricultural Code. Reference: Sections 11501 and 12824, Food and Agricultural Code.
s 6900. Antifouling Paints or Coatings Containing Tributyltin.
Antifouling paints or coatings which contain tributyltin shall have an average release rate of no more than four micrograms of organotin per square centimeter per day as determined by the Environmental Protection Agency testing procedure (ASTM Draft 6).
Note: Authority cited: Sections 11456, 12781, 14005 and 14102, Food and Agricultural Code. Reference: Sections 12824, 14005 and 14006, Food and Agricultural Code; and Public Law No. 100-333 (June 16, 1988) 102 Statutes 605.
s 6910. Prohibition of Use and Sale of Pesticide Products Containing Tributyltin.
(a) No person shall possess for use or use a pesticide product containing tributyltin for the control of fouling microorganisms (such as bacteria, algae, or fungi) in cooling water systems in the counties of Alameda, Contra Costa, Marin, Napa, San Francisco, San Mateo, Santa Clara, Solano, and Sonoma for the control of fouling microorganisms (such as bacteria, algae, or fungi) in cooling water systems.
(b) No person in the counties listed in subsection (a) shall sell to users a pesticide containing tributyltin for the control of fouling microorganisms (such as bacteria, algae, or fungi) in cooling water systems.
Note: Authority cited: Sections 12976, 14005 and 14102, California Food and Agricultural Code. Reference: Sections 14005, 14006 and 14102, California Food and Agricultural Code.
s 6920. Prohibition of Use and Sale of Pesticide Products Containing Copper.
(a) No person shall possess for use or use a pesticide product containing copper sulfate for the control, in sewers and drains, of tree or other plant roots, or fungal slime in the counties of Alameda, Contra Costa, Marin, Napa, San Francisco, San Mateo, Santa Clara, Solano, and Sonoma.
(b) No person in the counties listed in subsection (a) shall sell to users a pesticide product containing copper sulfate for the control, in sewers and drains, of tree or other plant roots, or fungal slime.
Note: Authority cited: Sections 12976 and 14102, California Food and Agricultural Code. Reference: Section 14102, California Food and Agricultural Code.
s 6950. Clopyralid.
The provisions of this section apply to pesticide products that contain the active ingredient clopyralid and are intended for lawn and turf use as defined in Food and Agricultural Code section 13190(e).
(a) No application shall be made to lawn and turf unless the licensed or certified qualified applicator assures that the grass clippings from the treated area remain on the property. In no instances shall clopyralid-containing products be applied to residential lawns.
Note: Authority cited: Sections 11456, 12781, 12976 and 14102, Food and Agricultural Code. Reference: Sections 12824, 13191 and 13192, Food and Agricultural Code.
s 6960.Dormant Insecticide Contamination Prevention. (continued)