Declaration of an Agricultural Emergency

Enclosed is a copy of the “DECLARATION OF CIRCUMSTANCES THAT COULD CAUSE AN AGRICULTURAL EMERGENCY” (Declaration) issued on May 15, 2003, by the Director of the Department of Pesticide Regulation. The Declaration is limited to agricultural establishments applying sulfur in the production of table grapes in the counties of Fresno, Kern, Kings, Madera, and Tulare. The Declaration was made pursuant to Title 3, California Code of Regulations section 6770 and Title 40, Code of Federal Regulations Part 170.112(d). Also enclosed for your information is a copy of the petition submitted by the California Grape and Tree Fruit League and the Director’s response to the petition.

The circumstances creating the Declaration are the unanticipated, prolonged cool spring which both delayed crop development and promoted pest growth which interfered with the performance of critical cultural practices while requiring increased sulfur applications. Sulfur applications in table grapes in the above-listed counties require a three-day restricted entry interval starting May 15. The Declaration reduces the restricted entry interval to 24 hours and prohibits hand labor when temperatures exceed 90 degrees Fahrenheit. The Declaration expires May 30, 2003. Growers who plan to use this exemption must notify county agricultural commissioners (CACs) of the following:

1. The agricultural employer determines the agricultural establishment is subject to the circumstances declared above which result in an agricultural emergency on that establishment and notifies the county agricultural commissioner (CAC) of the following:
   • the caller’s name
   • the ranch name
   • a statement of the intent to use the exemption
   • and, and estimation of the acres of table grapes intended for the exemption
2. Hand labor tasks are not conducted when the temperature exceeds 90 degrees Fahrenheit.
3. At least 24 hours have elapsed since the sulfur treatment.
4. The requirements of 3 CCR sections 6768 and 6771 and applicable provisions of section 6770 have been met.

This notice must be submitted before implementing the reduced restricted entry interval. CACs should keep copies of notices for exemptions received in order to assess the impact of the exemption on worker safety.

If you have any questions, please contact your senior pesticide use specialist liaison.

Sincerely,