Cal. Code Regs. Tit. 3, § 6406 - Supervision Standards

(a) As used in this section "noncertified applicator" includes:

(1) An employee trained to handle pesticides who is not a certified applicator,

(2) A certified private or commercial applicator whose category(ies) or scope of certification are not applicable to the intended pesticide use,

(3) A pilot with a Manned or Unmanned Apprentice Pest Control Aircraft Pilot Certificate, and

(4) An individual certified by another state or jurisdiction who is not certified as a private or commercial applicator in California.

(b) The certified private or commercial applicator responsible for supervising a noncertified applicator using a restricted material specified in section 6400 shall:

(1) Have practical knowledge of applicable requirements found on pesticide labeling and in California pesticide laws and regulations regarding the use of restricted materials by noncertified applicators.

(2) Verify current training records required by section 6724 that document training on the restricted material(s) used and applicable use situation(s).

(3) Provide instructions to the noncertified applicator(s) specific to the application site and pesticide(s) to be used in a manner the noncertified applicator can understand. These instructions must include at a minimum:

(A) Pesticide product labeling directions, precautions, and requirements applicable to the specific use and site; and

(B) How the characteristics of the use site and surrounding areas (e.g., surface and ground water, endangered species, local population) and the conditions of application (e.g., equipment, method of application, formulation) might increase or decrease the risk of adverse effects.

(4) Be aware of the conditions at the site of application and be available to direct and control the manner in which applications are made by the noncertified applicator(s). Except as provided in (c), the availability of the certified applicator shall be directly related to the actual or potential hazard of the situation.

(c) The certified applicator supervising the use of a restricted material specified in section 6400 must be physically present at the use site when required by the pesticide product labeling, restricted material permit conditions, or regulations.

(d) This section does not apply to:

(1) Individuals supervising restricted material applications only on Tribal or Federal land and certified by:

(A) The Tribe or Federal agency responsible for that land under a U.S. EPA-approved certification plan, or

(B) U.S. EPA under Title 40, Code of Federal Regulations Part 171 section 171.307(c) (July 1, 2019), hereby incorporated by reference;

(2) Individuals conducting laboratory research involving restricted materials; or

(3) Doctors of Medicine and Doctors of Veterinary Medicine applying restricted materials to patients during the course of the ordinary practice of those professions.

Notes

Cal. Code Regs. Tit. 3, § 6406

Note: Authority cited: Sections 11456, 11502, 12976, 14005 and 14102, Food and Agricultural Code. Reference: Sections 11501, 14006, 14011 and 14015, Food and Agricultural Code.

1. Editorial renumbering of former Section 2465 to Section 6406 filed 8-13-85 (Register 85, No. 33).
2. Change without regulatory effect amending Note filed 6-20-2001 pursuant to section 100, title 1, California Code of Regulations (Register 2001, No. 25).
3. Amendment of section and NOTE filed 6-30-2023; operative 1/1/2024 (Register 2023, No. 26).