Department of Pesticide Regulation

PESTICIDE USE ENFORCEMENT PROGRAM STANDARDS COMPENDIUM VOLUME II-DORMANT INSECTICIDE CONTAMINATION PREVENTION REGULATIONS REPLACEMENT PAGES

The Office of Administrative Law approved the amendment of Title 3, California Code of Regulations (3CCR) section 6000 and the adoption of 3CCR section 6960 addressing Dormant Insecticide Contamination Prevention. These new regulations become effective August 17, 2006, and are summarized below:

• Title 3, CCR section 6000 includes definitions for "dormant oil," "dormant insecticide," "hydrologically isolated site," and "sensitive aquatic site." These definitions were added to clarify the regulatory action in 3CCR section 6960.
• Title 3, CCR section 6960 establishes restrictions for certain dormant spray applications.

Subsection (a) allows dormant spray applications without restriction if the operator of the property applies a dormant oil or a biocontrol agent such as, but not limited to, spinosad or Bacillus species (substances not defined as dormant insecticides), or if the application is made to a hydrologically isolated site, or if field runoff is diverted for 72 hours prior to release into a sensitive aquatic site.

Subsection (b) restricts dormant spray applications if the conditions specified in subsection (a) cannot be met. Subsection (b)(1) requires the operator of the property to be treated to obtain a written recommendation from a licensed pest control adviser prior to the application. Subsection (b)(2) restricts ground and aerial applications of dormant insecticides to areas 100 feet from any sensitive aquatic site. Subsection (b)(3) specifies wind speeds at which dormant insecticides may be applied.

Subsections (c)(1) and (c)(2) allow aerial application only if soil conditions do not allow field entry, or approaching bloom conditions require aerial applications, and if all of the requirements in subsection (b) are met.

Subsections (d)(1) and (d)(2) prohibit all dormant insecticide applications under certain weather conditions.

Title 3, CCR sections 6000 and 6960 have been formatted for inclusion in the Laws and Regulations Enforcement Manual (Pesticide Use Enforcement Program Standards Compendium, Volume II). Please remove the pages numbered 6000-4, 6000-8, 6000-18 and Table of Contents page numbered iii (found in the upper right corner) and replace with the enclosed revised pages numbered 6000-4, 6000-8, and 6000-18 dated August 17, 2006, and Table of Contents page dated August 2006. Please add enclosed page numbered 6960. For your convenience, an updated 3CCR Replacement Page Guide is enclosed.

Enclosed are the text for the new regulations and information for updating Volume II of your Compendium. If you have any questions, please contact Dr. John S. Sanders, of the Environmental Monitoring Branch, at (916) 324-4155, or e-mail him at jsanders@cdpr.ca.gov, or contact the Enforcement Branch Liaison assigned to your county.

cc:   Mr. Roy Rutz, Agriculture Program Supervisor III
       Mr. James Shattuck, Agricultural Commissioner Liaison