Cal. Code Regs. Tit. 3, § 6619 - Notice of Completed Applications

(a) Any person applying pesticides for the commercial or research production of an agricultural plant commodity shall assure that the operator of the property treated receives notice, orally or in writing, and within 24 hours of completion of the pesticide application. This notice must include the following information:

(1) The location of the property, including the site identification number, and acreage treated;

(2) The pesticide product name(s), U.S. EPA registration number(s), and active ingredient(s);

(3) Spray adjuvant product name(s) and California registration number(s), if applicable;

(4) The date(s) and time(s) the application started and ended; and

(5) The applicable reentry and pre-harvest intervals, unless a copy of a written recommendation for the subject application made by a licensed agricultural pest control adviser, properly completed, was given to the operator of the property treated.

(b) The operator of the treated property shall maintain a written record of the application(s) on their property. These records must include the notice information specified in (a)(1-5).

(c) The operator of the property shall assure that notice of completed application is given to employees covered under section 6700 (which includes fieldworkers) and their employers except as provided in (e). The operator of the property is not required to provide notice to persons who will apply the pesticide(s) or supervise the application for which the notice is intended.

(d) Any employer who receives the notice of completed application from the operator of the property shall assure that notice of completed application is given to his or her employees except as provided in (e).

(e) The notices specified in subsections (c) and (d) are not required to be given to an employee covered under section 6700 (which includes fieldworkers) or their employer if the operator of the property can assure that:

(1) The field is posted pursuant to section 6776 (b-f), unless the pesticide product labeling requires both oral notification and posting of treated fields; or

(2) During the restricted entry interval, that employee or employer will not enter or walk within 1/4 mile of the treated field.

(f) The notices specified in subsections (c) and (d) must be given orally or in writing and in a manner the person can understand and include:

(1) The location and description of the treated field;

(2) The time during which entry is restricted; and

(3) Instructions not to enter the treated field until the restricted entry interval has expired, except as provided in section 6770.

(g) The operator of the property shall assure that notice is given orally or in writing to persons, other than those specified in subsection (c), whom the operator of the property has prior knowledge that he or she will likely enter the treated field during the restricted entry interval. This notice is not required when a field is posted as specified in section 6776 (b-f). The notice must be in a manner the person can understand and include:

(1) The location and description of the treated field;

(2) The time during which entry is restricted; and

(3) Instructions not to enter the treated field until the restricted entry interval has expired.

(h) A pest control business shall maintain a written record that documents the following:

(1) The name of the operator of the property treated;

(2) The location of the property, including the site identification number;

(3) The date and time the notice of completed application was given; and

(4) The method of notification, including the name of the person notified, if a person was notified.

(i) The records required pursuant to this section must be retained for two years and made promptly available to the director or commissioner upon request.

Notes

Cal. Code Regs. Tit. 3, § 6619

1. New section filed 12-22-89; operative 1-1-90 (Register 90, No. 1).
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 heading and section filed 8-13-2009; operative 9-12-2009 (Register 2009, No. 33).
4. Amendment of subsections (a)(4) and (b) filed 10-17-2016; operative 1-2-2017 pursuant to Government Code section 11343.4(b)(2) (Register 2016, No. 43).
5. Amendment of subsection (b) filed 12-20-2017; operative 3-1-2018 pursuant to Government Code section 11343.4(b)(3) (Register 2017, No. 51).

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

1. New section filed 12-22-89; operative 1-1-90 (Register 90, No. 1).
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 heading and section filed 8-13-2009; operative 9-12-2009 (Register 2009, No. 33).
4. Amendment of subsections (a)(4) and (b) filed 10-17-2016; operative 1/2/2017 pursuant to Government Code section 11343.4(b)(2) (Register 2016, No. 43).
5. Amendment of subsection (b) filed 12-20-2017; operative 3/1/2018 pursuant to Government Code section 11343.4(b)(3) (Register 2017, No. 51).