Cal. Code Regs. Tit. 3, § 6434 - [Operative 2/24/2025] Notice of Intent

(a) If the information required by (g), (h), (i), and (j) of section 6428 is not provided on the permit, it shall be included in the notice of intent.

(b) To make a permit site and time specific, a notice of intent is required for all agricultural use restricted material applications. A notice of intent shall be submitted to the Commissioner electronically via www.CalAgPermits.org by the operator of the property to be treated, by such operator's authorized representative, or by the pest control business who is to apply the pesticide, and it shall include the following information concerning the proposed application.

(1) Permit number and county number;

(2) Name and address of permittee and applicator;

(3) Location of areas to be treated and name of operator of the property;

(4) Crop or commodity, or if there is no crop or commodity, the site to be treated;

(5) Approximate acres or other units to be treated;

(6) Method of application;

(7) Pesticide product name(s) and registration number(s) to be applied;

(8) Dilution, volume per acre or other units, and dosage;

(9) Pest(s) to be controlled;

(10) Date and time intended application is to commence;

(11) Location and identity of areas specified in section 6428 which have changed since the permit was issued and which may be adversely impacted. A map or aerial photograph may be used for designating such locations; and

(12) Base line, meridian, township, range, and section of the area to be treated.

(c) Except as provided in subsections (e) and (f), a notice of intent shall be submitted to the Commissioner prior to the date and time the application is intended to commence as follows:

(1) for soil fumigants requiring a permit, at least 48 hours prior to the date and time the application is intended commence;

(2) for all other pesticides requiring a permit, at least 24 hours prior to the date and time the application is intended to commence.

(d) When a notice of intent is required for the use of a restricted material requiring a permit for the production of an agricultural commodity, either at least 48 hours prior to the date and time a soil fumigation is intended to commence or at least 24 hours prior to the date and time an application of all other pesticides is intended to commence, the operator of the property to be treated, the operator's authorized representative, or the pest control business who is to apply the pesticide shall additionally provide to the Department the following information electronically via www.CalAgPermits.org:

(1) County number;

(2) Date and time the intended application is to commence;

(3) Base line, meridian, township, range, and section of the area to be treated;

(4) Pesticide product registration number(s) to be applied;

(5) Method of application; and

(6) Approximate acres or other units to be treated.

(e) Upon a finding of undue hardship by the Commissioner, the Commissioner may allow a notice of intent to be submitted to the Commissioner as prescribed in section 6424(b). An undue hardship may be a situation in which compliance with section 6434(b) is not possible without significant difficulty or expense. Following a finding of undue hardship:

(1) In lieu of the operator of the property, the operator's authorized representative, or the pest control business submitting the information enumerated in subsection (d) to the Department for an application of a restricted material requiring a permit for the production of an agricultural commodity, the Commissioner shall submit the information enumerated in subsection (d) to the Department electronically via www.CalAgPermits.org either at least 48 hours prior to the date and time an application of a soil fumigant is intended to commence or 24 hours prior to the date and time an application of all other pesticides is intended to commence;

(2) the Commissioner shall require a notice of intent for use of a restricted material requiring a permit for the production of an agricultural commodity to be submitted to the Commissioner earlier than the time requirements outlined in subsection (c) to provide adequate time for the Commissioner to submit the information electronically to the Department; and

(3) the Commissioner shall document that an undue hardship was found.

(f) The Commissioner may grant an exemption to the time requirements outlined in subsections (c), (d), and (e) if the Commissioner determines that because of the nature of the commodity or pest problem safe and effective pest control cannot be attained. The Commissioner shall note in www.CalAgPermits.org that an exemption was granted at the time the Commissioner grants the exemption.

(g) Beginning March 26, 2025, the Department shall provide to the public through its pesticide notification system the information outlined in subsections (d)(1)-(d)(6), and include the pesticide product name(s) and active ingredient(s), for intended applications that are reported to the Department under subsections (d) and (e)(1). The Department shall provide this information to the public upon receipt, but at least 48 hours prior to the date and time a soil fumigation is intended to commence and at least 24 hours prior to the date and time all other applications are intended to commence, or as soon as practicable.

(h)

(1) Until a draft report is issued pursuant to subsection (h)(2), the Department shall annually issue a status update on its system and process of providing information to the public pursuant to subsection (g), feedback received, and any changes to this system and process. The Department shall:

(A) receive feedback on the status update specified in subsection (h)(1) from, and present the status update to, the Department of Pesticide Regulation Environmental Justice Advisory Committee, pursuant to Food and Agricultural Code section 11519, and the State Board of Food and Agriculture, pursuant to Food and Agricultural Code section 901; and

(B) accept public comments on the status update specified in subsection (h)(1) for a minimum of 30 days.

(2) Three years after February 24, 2025, or as soon thereafter as reasonably practicable, the Department shall issue a draft report, followed by a final report, on its system and process of providing information to the public pursuant to subsection (g) and any changes made. The Department shall:

(A) receive feedback on the draft report specified in subsection (h)(2) from, and present the draft report to, the Department of Pesticide Regulation Environmental Justice Advisory Committee and the State Board of Food and Agriculture; and

(B) accept public comments on the draft report specified in subsection (h)(2) for a minimum of 45 days.

Notes

Cal. Code Regs. Tit. 3, § 6434

Note: Authority cited: Sections 11456, 14005 and 14102, Food and Agricultural Code. Reference: Sections 901, 2281, 11501, 11519, 14001 and 14006, Food and Agricultural Code.

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

1. Editorial renumbering and amendment of former Section 2452(j)(6) and (10) to Section 6434 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 12-13-2024; operative 2/24/2025 pursuant to Government Code section 11343.4(b)(3) (Register 2024, No. 50).