Three Party Memorandum of Understanding Between the Department of Pesticide Regulation, the California Agricultural Commissioners and Sealers Association and the United States Environmental Protection Agency, Region 9

Attached is a signed copy of the Three Party Memorandum of Understanding (MOU) between the Department of Pesticide Regulation (DPR), the California Agricultural Commissioners and Sealers Association (CACASA), and the United States Environmental Protection Agency Region 9 (U.S. EPA). The MOU is a three-way cooperative agreement that ensures unified and coordinated program of pesticide episode reporting, investigation, and enforcement action in California. The terms of the MOU signed on December 13, 2024 are in effect now and supersede the previous MOU dated April 2005 and the information in Enforcement Letter ENF 05-19.

Some of the updates to the new agreement include:

• The “Limitations” section was added to memorialize the parties’ understanding of respective roles and commitments in the administration of a coordinated program and not intended to, and cannot be relied upon, for any litigation with any parties.
• Removed the term and definition of Priority Investigation and replaced with Reportable Investigation.
• When the County Agricultural Commissioner (CAC) is the first to learn of a Reportable Investigation, the CAC completes the Pesticide Episode Notification Record (PENR) and submits it to their Enforcement Branch Liaison. Instructions for completing the PENR are enclosed.
• The Pesticide Episode 45-Day report replaces the Pesticide Episode 15-day report. DPR is still responsible for completing these two reports for all Reportable Investigations.
• New section “VIII. Information Management” outlines collecting, managing and sharing information with other parties to this MOU.
• Appendix A (Reportable Incidents Criteria) includes changes to the criteria under “Human Effects,” “Environmental Effects – Air, Animals and Wildlife,” “Economic Loss,” and “Special Incidents.”

Highlights for Appendix A Reportable Incidents Criteria include:

• Human Effects: added any episode involving schools or school property (including buses) resulting from agricultural use.
• Animals and Wildlife: expanded the criteria to include livestock, managed pollinators, and adjusted the level of mortality.
• Economic Loss: only focuses on damage estimated to represent a 20% or greater crop yield loss.
• Special Incidents: include illegal pesticide residues on California grown commodities, significant fire, spill or improper disposal of pesticides, and Homeland Security issues involving pesticides.

Enclosed are instructions to CAC staff for filling out the Pesticide Episode Notification Record and revised investigation and sampling forms and instructions for replacing previously used language with the updated Reportable Investigation terminology and criteria:

• Instructions for Completing the Pesticide Episode Notification Record (February 2025)
• Investigative Sample Analysis Report (DPR-ENF-030)
• Pesticide Episode Closing Report (DPR-ENF-055)
• Pesticide Illness Investigation Request for Time Extension (PR-ENF-097)
• Pesticide Episode Notification Record (DPR-ENF-114)
• Pesticide Episode 45-Day Report (DPR-ENF-115)
• Pesticide Episode Investigation Report (PR-ENF-127)
• Pesticide Episode Investigation Supplement Report (PR-ENF-127A)
• Episode Witness/Injured/Complainant Report (PR-ENF-127B)
• Episode Site Diagram (PR-ENF-127C)

Updated forms will be available on DPR’s website. Please replace all previous versions of these
forms.

If you have any questions, please contact the Enforcement Branch Liaison assigned to your
county.

Sincerely,