Cal. Code Regs. Tit. 3, § 6782 - Fumigation of Enclosed Areas

Enclosed areas 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 area, at least two trained employees shall be present at all times when:

(1) The fumigant is introduced into the enclosed area;

(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 area from outside the enclosed area;

(2) The enclosed area is entered for the purpose of facilitating aeration; and

(3) The enclosed area is entered to determine the concentration of the fumigant and personal protective equipment is required by pesticide product labeling or regulation.

(b) When using a fumigant for the commercial or research production of an agricultural commodity, any employee in an enclosed area during a fumigant application shall maintain continuous visual or voice contact with another employee stationed immediately outside of the enclosed area.

(c) 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 area becomes necessary for rescue.

(d) 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 area under fumigation and shall not be removed until fumigation and ventilation have been completed, and the premises are 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.

(e) 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.

(f) The fumigant shall not be released into an occupied work area.

(g) 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.

Notes

Cal. Code Regs. Tit. 3, § 6782

1. Amendment filed 8-15-86; effective thirtieth day thereafter (Register 86, No. 31).
2. Amendment of section heading, first paragraph, and subsection (a), new subsections (a)(1)-(b), subsection relettering, and amendment of newly designated subsection (c) and NOTE filed 12-31-96; operative 1-1-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 1).
3. Amendment of section heading and section filed 10-17-2016; operative 1-2-2017 pursuant to Government Code section 11343.4(b)(2) (Register 2016, No. 43).

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

1. Amendment filed 8-15-86; effective thirtieth day thereafter (Register 86, No. 31).
2. Amendment of section heading, first paragraph, and subsection (a), new subsections (a)(1)-(b), subsection relettering, and amendment of newly designated subsection (c) and Note filed 12-31-96; operative 1-1-97 pursuant to Government Code section 11343.4(d)(Register 97, No. 1).
3. Amendment of section heading and section filed 10-17-2016; operative 1/2/2017 pursuant to Government Code section 11343.4(b)(2) (Register 2016, No. 43).