California Notice 96-7
      
      
      
      
      TO:      REGISTRANTS OF PESTICIDE PRODUCTS AND OTHER
                     INTERESTED PERSONS
      
      SUBJECT: FOOD AND AGRICULTURAL CODE SECTION 12832: 
                     REGISTRATION OF PESTICIDE PRODUCTS FOR USE
                     ON ALFALFA AND VEGETABLE CROPS GROWN FOR
                     SEED PRODUCTION
      
      
      Assembly Bill 697 added section 12832 to
      the Food and Agricultural Code (FAC), effective
      January 1, 1996.  FAC section 12832 states that
      alfalfa and all vegetable crops grown for seed,
      except corn, beans, pumpkin, and peas shall be
      considered to be nonfood and nonfeed sites of
      pesticide use, if certain conditions are met.  The
      conditions include: (1) all seed screenings must be
      disposed of in such a way that the screenings cannot
      be distributed or used for food or feed and records
      of the disposal must be kept by the seed conditioner
      for three years; (2) no portion of the seed plant may
      be used or distributed for food or feed; (3) all seed
      crops grown on a nonfood/nonfeed site or conditioned
      in California must bear a tag or container label that
      forbids the use of the seed for human consumption or
      animal feed; and (4) seed grown on a nonfood/nonfeed
      site or conditioned in California may not be
      distributed for human consumption or animal feed.
      
      Background
      
      If a pesticide product is already registered with the 
      U.S. Environmental Protection Agency (U.S. EPA), then
      U.S. EPA has made a determination with regard to the
      need for a tolerance.  However, when the Department
      of Pesticide Regulation (DPR) receives a request for
      a Section 24(c) registration pursuant to the Federal
      Insecticide, Fungicide, and Rodenticide Act (FIFRA),
      the pesticide is not federally registered for use on
      the crop for which the registration is being
      requested.  Therefore, U.S. EPA has not yet made a 
      
      
      California Notice 96-7
      Page Two
      
      
      
      determination regarding the need for a tolerance or
      an exemption from tolerance, and the provisions of
      FAC section 12832 apply.  
      
      Determinations
      
      DPR, with concurrence from U.S. EPA, has determined
      that:
      
      1.  The following crops when grown for seed may be
                considered to be nonfood/nonfeed sites of pesticide
                use.  This means that a FIFRA Section 24(c)
                registration could be issued for the use of a
          pesticide on these crops when grown for seed, in
                the absence of a tolerance or an exemption from
                tolerance, if used in accordance with the
                conditions of FAC section 12832:  
      
          Alfalfa                            Kohlrabi
          Argula                             Leek
          Beets, table    Lettuce
          Broccoli, raab  Mustard
          Brussels sprouts                   Onion, bulb
          Cabbage                            Onion, bunching
          Carrot                             Parsley
          Cauliflower     Parsnip
          Chinese cabbage Radish (other than Daikon)
          Chinese kale    Rape, leafy vegetable
          Chinese mustard Rutabaga
          Collard                            Spinach
          Coriander                          Spinach mustard
          Dill                               Swiss chard
          Endive                             Turnip, market
          Kale                               Turnip, fodder
      
      2.  The following crops when grown for seed are
                considered to be food/feed sites of pesticide
                use.  Therefore, a tolerance or an exemption from
                tolerance must be established by U.S. EPA before
                a FIFRA Section 24(c) registration can be issued
                for the use of a pesticide on these crops when
                grown for seed:  
      
          Corn                               Beans
          Pumpkin                            Peas
          Squash                             Daikon
      
      
      
      California Notice 96-7
      Page Three
      
      
      
      Procedures
      
      1.  If DPR receives an application for a 
          FIFRA Section 24(c) registration and the
          pesticide product is intended to be used on
          any of the crops listed under item number one
                above, DPR will consider the crop, if grown for
                seed, to be a nonfood/nonfeed site of pesticide
          use for which a tolerance or exemption from
                tolerance is not needed.  The FIFRA Section 24(c)
                must be justified.  
      
          The restrictions listed in FAC section 12832(a)(1)-(4)
                must be listed on the proposed FIFRA Section 24(c)
                pesticide label.  In addition, DPR may impose
                additional restrictions on such FIFRA Section 24(c)
                registrations, when determined to be necessary.  
      
      2.  If DPR receives an application for a        
                FIFRA Section 24(c) registration and the
                pesticide product is intended to be used on any
                of the crops listed under item number two above,
                DPR will consider the crop, if grown for seed, 
                to be a food/feed site of pesticide use for 
                which a tolerance or exemption from tolerance
                must be established.  The FIFRA Section 24(c)
                must be justified.
      
      3.  If an application for a FIFRA Section 24(c)
                registration is received for a pesticide which is
                intended for use on a small-seeded vegetable crop
                which is being grown for seed and the crop is not
                included in either the list under item number one
                or the list under item number two, additional
                information must be provided on the crop to
                support a nonfood/nonfeed designation.  
      
          The additional information must support a
                conclusion that diversion for food or feed uses
                of all portions of the crop would be precluded.
                U.S. EPA has specifically stated that they need
                additional information on seeds of caraway,
                celery, and fennel.  In addition, the       
                FIFRA Section 24(c) must be justified.
      
      
      
      
      
      California Notice 96-7
      Page Four
      
      
      
      Prior to issuance of a FIFRA Section 24(c)
      registration for use of a pesticide on any crop grown
      for seed which is not listed under items number one
      or two, without a tolerance or exemption from
      tolerance, DPR must obtain U.S. EPA's agreement that
      the crop can be considered a nonfood/nonfeed site of
      pesticide use.  
      
      If you have any questions, please contact          
      Mr. Jerome Campbell, Supervisor of Registration,
      Pesticide Registration Branch, at (916) 324-3889.  
      
      
      
      
      Original signed by               
      ____________________________      October 25, 1996 
      Barry Cortez, Chief                   Date
      Pesticide Registration Branch