Protection of Persons, Animals and Property

By Bruce Perez

Why Should You Care?

• Safety of Employees, bystanders, nearby resident

• Illness Complaints / Loss of Property– Growers, Residents, Environmentalists, Media– Investigations Takes People, Time, & $$$$$$$$

• You’re supposed to know this stuff already– Laws and Regulations, FAC– It’s what We CAC enforce (Inspections)

What is Pesticide Drift?

• Drift is the movement of a pesticide through the air away from the intended target– Mist, particles, vapor– Depends on weather, application site, pesticide– Occurs in residential and household pesticide

applications too– Isn’t limited to period during or immediately after

an application

How Drift Can Occur

• Spray Drift and Post-application Drift• Spray Drift– During shortly after– Wind or Application equipment

• Post-Application Drift– May be result of illegal application– Also may occur with correct applications

• Some drift is unavoidable

Possible measures

• Exercise a high degree of professionalism in making decisions about applications

• Ensure their equipment and techniques produce a minimum of drift that is below potentially harmful levels.

• Make sure they don’t apply pesticides when conditions exist that make drift more likely, for example, when it is too windy

Is it Illegal?

• California has strict standards concerning drift• CAC direct enforcement activity• The law prohibits applications if there is

reasonable possibility to harm people property

• DPR finds drift from legal application an unacceptable risk

Video

Kings County Permit Conditions

• General• Ground Water Protection• Wellhead Protection• Herbicide Application Restrictions• Temik/Thimet• Paraquat (Preplant)

Kings County Permit Conditions

• Defoliants• Phenoxy’s• Methomyl (Grapes)• Thiodan• Furadan

6416. Groundwater Protection Restrictions.

• (a) A permit is required for the possession or use of a pesticide containing a chemical listed in section 6800(a) when the pesticide is:

• (1) applied in an agricultural, outdoor institutional, or outdoor industrial use within a runoff ground water protection area or in a leaching ground water protection area, or

• (2) restricted for purposes other than ground water protection.• (b) A permit is not required for the possession or use of a pesticide containing a

chemical listed in section 6800(a) when the pesticide is used in a pest eradication program approved by the Department of Food and Agriculture, unless the pesticide is also restricted for purposes other than ground water protection.

• (c) Notwithstanding the provisions of this article and Article 4, the chemicals listed in section 6800(a) may be applied for research or experimental purposes pursuant to a valid research authorization. The applicant must provide the location of the research or experimental site with the research authorization request. The exemptions found in section 6268 do not apply when a person wishes to use these chemicals for research or experimental purposes.

6416. Groundwater Protection Restrictions.

6426. Alternatives and Mitigation Measures.

• (a) Each licensed agricultural pest control adviser and grower, when determining if and when to use a pesticide that requires a permit, shall consider, and if feasible, adopt any reasonable, effective and practical mitigation measure or use any feasible alternative which would substantially lessen any significant adverse impact on the environment.

• (b) Each licensed agricultural pest control operator shall have available a copy of a written recommendation covering each agricultural use application of a pesticide that requires a permit, and operate in accordance with a pesticide permit issued by the commissioner. The standards for such recommendations are established in Section 6556.

6600. General Standards of Care.

• Each person performing pest control shall:• (a) Use only pest control equipment which is in good

repair and safe to operate.• (b) Perform all pest control in a careful and effective

manner.• (c) Use only methods and equipment suitable to

insure proper application of pesticides.• (d) Perform all pest control under climatic conditions

suitable to insure proper application of pesticides.• (e) Exercise reasonable precautions to avoid

contamination of the environment.

6601. General Application of Standards.

• (a) Whenever pesticide product labeling requires the use of personal protective equipment or specifies other restrictions or procedures be followed, the application of that labeling requirement to an owner or operator of the property to be treated, their families, and others, shall be consistent with any applicable standards for employees in Subchapter 3, commencing with Section 6700.

• (b) It is not the intent of these regulations to require separate or duplicate equipment or facilities. Equipment and facilities provided for compliance with the requirements of other agencies may also be used for complying with these regulations provided the equipment and facilities meet the requirements of these regulations.

6609. Wellhead Protection

• (a) Except as provided in subsection (b), the following activities shall be prohibited within 100 feet of a well (including domestic, municipal, agricultural, dry or drainage, monitoring, or abandoned wells):

• (1) mixing, loading, and storage of pesticides.• (2) rinsing of spray equipment or pesticide containers.• (3) maintenance of spray equipment that could result in spillage of pesticide

residues on the soil.• (4) application of preemergent herbicides.• (b) Wells shall not be subject to the requirements in (a) if they are:• (1) sited so that runoff water from irrigation or rainfall does not move from the

perimeter of the wellhead toward the wellhead and contact or collect around any part of the wellhead including the concrete pad or foundation; or

• (2) protected by a berm constructed of any material sufficient to prevents movement of surface runoff water from the perimeter of the wellhead to the wellhead.

• (c) Application of preemergent herbicides shall be prohibited between the berm and the wellhead.

Don’t Do This

Examples of Berms

Examples of Berms

6614. Protection of Persons, Animals, and Property.

• (a) An applicator prior to and while applying a pesticide shall evaluate the equipment to be used, meteorological conditions, the property to be treated, and surrounding properties to determine the likelihood of harm or damage.

• (b) Notwithstanding that substantial drift would be prevented, no pesticide application shall be made or continued when:

• (1) There is a reasonable possibility of contamination of the bodies or clothing of persons not involved in the application process;

• (2) There is a reasonable possibility of damage to nontarget crops, animals, or other public or private property; or

• (3) There is a reasonable possibility of contamination of nontarget public or private property, including the creation of a health hazard, preventing normal use of such property. In determining a health hazard, the amount and toxicity of the pesticide, the type and uses of the property and related factors shall be considered.

Bees

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 Toxicity25 (RT25) studies. RT25 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.

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 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.

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 application 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 an 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.

Storage, Transportation and Disposal

6670. General Requirement.

• 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.

6672. Security of Pesticides and Pesticide Containers.

• (a) No person shall deliver a container that 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 that 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 in capacity, the container shall have a locked closure. Either shall be adequate to prevent unauthorized persons from gaining access to any of the material.

6674. Posting of Pesticide Storage Areas.

• Signs visible from any direction of probable approach shall be posted around all storage areas where containers that 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.

6674. Posting of Pesticide Storage Areas.

6676. Container Requirements.

• Except as provided in the Food and Agricultural Code pertaining to service containers, any container that 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.

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.

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.

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.

6684. Rinse and Drain Procedures.

6686. Exemptions.• (a) Sections 6672, 6674, 6682, and 6684 shall not apply to

containers that 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.

Pesticide Contamination Prevention

• 6800. Groundwater Protection List.• 6802. Pesticide Management Zones.• 6804. Specific Numerical

Values.Management Zones.• 6806. Use Reporting.• 6808. Sunset Review of Regulations.

6900. Antifouling Paints or Coatings Containing Tributyltin.

• Antifouling paints or coatings that 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 EPA testing procedure (ASTM Draft 6).

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.

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.

Other Protection Strategery• Employee Training– PPE– Pesticides, labels– Maintenance

• Labeling available– Inspectors– Emergency Information

• Notification/ Posting– When required– Farm Labor Contractors, your employees

Other

• Squirrel Bait• Endangered Species– PRESCRIBE (DPR)– 309 Endangered Species in CA

• Streamside No-Spray Buffer Zones

VOCs

• VOC Emissions• Fumigant– methyl bromide; 1,3-dichloropropene); – chloropicrin; metam-sodium;metam-potassium;etc

• Nonfumigant– abamectin, chlorpyrifos, gibberellins, and oxyfluorfen– Applications to Alfalfa, Almonds, Citrus, Cotton,

Grapes, Pistachio, Walnuts– Growers must obtain PCA recommendation

Areas Affected

• Nonattainment areas• 5 in california– Sacramento Metro, – South Coast– San Joaquin Valley, – Southeast Desert– Ventura

Exemptions

• Fumigants– Greenhouses, certain nuresery, potting soil,

individual tree and vine replant, harvested commodities, structures.

• Nonfumigants– No requirements for low VOC pesticides

THE END