Closed Mixing System Tier 2 Update

Title 3, California Code of Regulations section 6746(c) requires employers to assure employees use a Tier 2 closed mixing system (CMS) when employees mix liquid pesticide products, excluding adjuvants, for the production of an agricultural commodity bearing the statements “May be fatal if absorbed through skin,” “Corrosive, causes skin damage,” or other comparable language in the precautionary statements section on the pesticide labeling.

In ENF letter 2016-14, the Department provided examples of “comparable language.” As noted in the letter, the purpose of the Tier 2 requirement is to prevent injuries that cause structural damage to the skin (blisters, corrosion, ulcers, dermal burns [2nd degree burns], full thickness damage [3rd degree burn], etc.) and can have irreversible effects, potentially requiring surgical intervention. The examples provided were statements considered to be a form of skin damage.

This update confirms descriptions of skin-damaging effects in the precautionary statements which would trigger Tier 2 CMS requirement include: burn; blister; injure; destroy; or other terms, phrases, or words inferring the same irreversible dermal effect. For example, a typical precautionary statement is “Corrosive. Causes skin burns.” This is “comparable language” that would require a Tier 2 CMS.

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

Sincerely,