County Pesticide Use Enforcement Program Work Plans, Guidance, and Updated Department Priorities

This letter outlines the Department of Pesticide Regulation’s (DPR) Pesticide Use Enforcement program planning guidance for County Agricultural Commissioner (CAC) Work Plans. The DPR pesticide program priorities are updated and replace the priority list in Enforcement Letter ENF 17-08.

DPR Pesticide Use Enforcement Program Guidance for CAC Work Plans

DPR and the CACs continue to work collaboratively to strengthen the California pesticide regulatory program. It is this teamwork that produces the most comprehensive and recognized pesticide regulatory system in the nation. An effective statewide pesticide use enforcement program is designed to protect workers, the environment, the public, our food supply and ensures regulatory compliance.

The CAC Work Plan provides DPR and the public with the goals, deliverables and priorities of the CAC. Work Plans are issued on a calendar year and can be issued annually or for a multi-year period. Please submit the work plan to your DPR Enforcement Branch Liaison (EBL) for review no later than January 15 of the new work plan cycle. The DPR Enforcement Branch Regional Office Manager will review the CAC Work Plan for approval. CAC work plans are posted on the DPR Website.

The primary focus of the work plan remains the three core program areas (Restricted Materials, Compliance Monitoring, and Enforcement Response). The EBL serving your county is available to assist with questions about the work plan format and requested information.

1. Restricted Materials Permitting
   1. Current status (examples)
      • number of permits issued
      • multi-year or annual permit issuance
      • permit issuance process
      • process for informing the public of applications of restricted materials if applicable
   2. Planned improvement (examples)
      • correct deficiencies identified in the DPR Performance Evaluation
      • ensure that every non-agricultural use permit holder has a site evaluation or a use inspection at least once per year
      • continuous review of existing sensitive sites and identification of new sensitive sites
      • analyze trends of permit non-compliances
   3. Goals and projected deliverables (examples)
      • increase permit issuance efficiency and accuracy
      • change in the number of restricted materials indicated on permits and/or the number of restricted material permits issued
      • conduct outreach to permit and private applicator certificate holders regarding new laws and regulations, labeling, permit conditions and DPR policies
   4. Measures of success (examples)
      • change in the number of complaints and incidents related to permitted applications
      • change in the number of permit and notice of intent denials
      • change in permit issuance business process for efficiencies and permit holder satisfaction
2. Compliance Monitoring
   1. Current status (examples)
      • number of inspections performed as it relates to previous work plan goals
      • compliance rates for each inspection
   2. Planned improvement (examples)
      • correct deficiencies identified in the DPR Performance Evaluation
      • focus inspection activity in non-compliance areas
      • improve inspection completeness and quality control
   3. Goals and projected deliverables (examples)
      • increase field presence in areas of high non-compliance
      • review fundamental pesticide regulatory program requirements including pesticide dealer, pest control advisor, headquarter and field worker inspections
      • Communicate requirements and successes to the regulated community
      • Implement electronic tracking of inspections, investigations, and enforcement actions
      • Anticipated number and types of inspections
   4. Measures of success (examples)
      • achievement of the expected number and types of inspections
      • changes in compliance rates
      • change in the timeliness of investigations
      • change in the number of complaints, illnesses, bee kills and drift incidents
3. Enforcement Response
   1. Current status (examples)
      • previous year’s statistics pertaining to enforcement actions, including non-compliances, notice of violations, warning letters, and administrative civil penalties
      • administrative procedures related to enforcement response regulations
      • process for referring cases to the District Attorney as required in the regulations
      • referrals to DPR for state action consideration (ENF 09-18)
   2. Planned improvement (examples)
      • correct deficiencies identified in the DPR Performance Evaluation
      • uniform enforcement
      • arrange for staff to receive DPR or CAC training related to enforcement and investigations
      • ensure investigations are complete per DPR investigation procedures
      • confer with assigned EBL on cases to assist with achieving appropriate and consistent enforcement response
   3. Goals and projected deliverables (examples)
      • improve completeness of investigations
      • immediate notification and coordination with assigned EBL on all U.S. EPA Region 9 priority cases, sensitive or high level incidents and complaints.
      • anticipated outreach venues to regulated community on repeated violated code sections
   4. Measures of success (examples)
      • improvement in the quality and/or timelines of investigations
      • achievement of consistent and appropriate enforcement response for inspections
      • achievement of consistent and appropriate enforcement response for investigations

DPR Priorities and Other Pesticide Regulatory Activities

Beginning in 2022, DPR is requesting that in addition to the Core Program Areas, the work plan identifies DPR specific priorities and other county specific activities either anticipated or underway.

Below is a list of statewide priorities and activities that DPR requests you consider including in your work plan, where applicable. Also include any other pesticide related activities you feel are significant to your county.

For each priority or activity identified below, please describe in the work plan how these issues are being addressed in your county, if applicable.

1. Soil fumigant use compliance
2. Monitor for new or revised laws and regulations and ensure enforcement of any changes
3. Training and implementation on the Alternative Worksheet for Restricted Materials
4. Compliance with new label requirements for Paraquat use and verification of training
5. Reporting to DPR bee/pollinator incidents, including complaints or reports of loss associated with pesticide applications
6. Compliance with AB 1788 second generation anti-coagulant rodenticides law
7. Compliance with California regulations regarding pesticide use around schools
8. Environmental Justice initiatives and outreach activities
9. Monitor businesses advertising COVID-19 disinfection services for compliance with Licensing requirements
10. Ensure implementation of pesticide policies and regulations for cannabis cultivation by monitoring, and providing outreach to cannabis and hemp growers on pesticide regulatory requirements
11. Monitor to ensure compliance for sulfur burning in greenhouses
12. Collaboration with the State Regional Water Quality Boards and DPR Environmental Monitoring Branch to protect water bodies, including ensuring compliance with ground water regulations, surface water regulations, and assisting DPR with surface water studies
13. Inspect chemigation applications with special emphasis on backflow prevention devices
14. Training county staff on pesticide laws and regulations, including DPR policies and Compendium guidance manuals
15. Regulatory outreach and education. Describe audience and subject(s), such as pollinator protection, closed systems, worker protection standard (WPS), cannabis cultivation, Certification and Training updates, pesticides around schools regulations, and PPE regulations
16. Collaboration with DPR in addressing U.S. EPA activities or requests
17. Pesticide disposal projects providing a safe means for farmers/growers to dispose of legacy pesticides
18. Outreach and education for community/stakeholder engagement
19. Participation in AB 617 Air Protection Program events
20. Collaboration with DPR on air monitoring, including agricultural, structural, and port uses of fumigants
21. Other special projects or significant activities identified by the County Agricultural Commissioner

Performance Evaluation by DPR

DPR evaluates the county’s pesticide regulatory program at least once every three years in accordance with Title 3 California Code of Regulations, section 6394 (Performance Evaluation). After consulting with the Enforcement Branch Regional Office Manager, the EBL will inform the CAC of the frequency of the performance evaluation report and identify the calendar year(s) to be evaluated. A CAC may request an annual performance evaluation report. If this is the case, please consult the EBL serving your county.

The DPR performance evaluation process is ongoing and is based, in part, on the CAC’s Work Plan and on other observations made by the EBL. It includes meetings and discussions with the CAC to discuss the county’s overall performance and any program deficiencies and suggested corrective actions. When program deficiencies are identified, the EBL is required to notify the CAC immediately for corrective measures. The draft Performance Evaluation Report is discussed with the CAC prior to finalization. The Regional Office Manager then determines when the evaluation report will be finalized and submitted to the CAC.

DPR Oversight Inspections

The Department appreciates the continued cooperation and assistance from the CAC and staff when the EBLs’ conduct oversight inspections. Oversight inspections are required under the federal U.S. EPA Region 9 Cooperative Agreement and provide valuable information for regulating pesticide use. The oversight inspections also assist an EBL in identifying training needs for CAC staff.

DPR values your efforts in carrying out a successful county pesticide regulatory program. The strong partnership with all county agricultural commissioners is critical to an effective statewide pesticide regulatory program.

If you have any questions, please contact the EBL assigned to your county.

Sincerely,