Pesticide Use Enforcement Program Standards Compendium

The Department of Pesticide Regulation (DPR) continuously evaluates how it distributes information to the County Agricultural Commissioners (CAC). DPR has determined that using the existing files of previously distributed CAC Letters (i.e., ENF, PML, WHS, EM, etc.), which extend back to the early 1970s, as current references is cumbersome and inefficient.

Over the next couple of years, the Enforcement Branch will take the lead to compile and update relevant pesticide use enforcement directives, interpretations, recommendations, and expectations into a set of subject matter manuals called the Pesticide Use Enforcement Program Standards Compendium. The Compendium will become the Pesticide Use Enforcement Program standard operating procedures. DPR intends to phase out the use of old CAC Letters as a reference when the new volumes of the Compendium are issued.

DPR is developing the Pesticide Use Enforcement Program Standards Compendium to fulfill, in part, its statutory responsibility to assist in planning and developing county programs in areas including uniformity, training, coordination, and to provide the standard operating procedures for effective implementation of the joint State/county Pesticide Use Enforcement Program.

The anticipated seven volumes of the Compendium will be the Program Standards against which county programs are evaluated. The contents of each volume will supercede any position or direction on that subject contained in previous CAC Letters or earlier manuals.

Any directives, interpretations, recommendations, and expectations related to the Pesticide Use Enforcement Program not included in the completed Compendium have been intentionally omitted. Omitted items not in conflict with guidance contained in the Compendium may, however, continue to be used for supplemental background information. DPR may reexamine omitted topics and may readopt or develop a new position or direction when necessary. New or updated directives, interpretations, recommendations, and expectations will be issued in the form of updates to the Compendium and will be distributed as CAC Letters.

The following is a list of the planned volumes and a draft outline of the contents of each volume of the Pesticide Use Enforcement Program Standards Compendium.

1. General Administration of the Pesticide Use Enforcement Program
   This volume, planned for release in 2006, will include:
   1. General authority
   2. Organizational charts
   3. Phone lists
   4. Information charts
   5. Regional Office coverage map
   6. Liaison assignments
   7. PRAMR instructions
   8. MOUs (or a reference to where they are available)
   9. Forms
   10. General procedures and expectations not specifically covered elsewhere
   11. Pesticide use reporting
   12. Labeling interpretations (possibly in Inspection Procedures)
   13. County pest control registration
   14. Local administration of the licensing program (tentative).
2. Laws and Regulations
   This volume, expected in January 2005, will include:
   1. Applicable FAC Laws and Regulations, eventually including GRP-1 statutory provisions
   2. Applicable Business and Professions Code provisions and Title 16 Regulations
   3. FAC Division 13 Bee laws related to pesticide notice
   4. Labor Code section 1695
   5. Health and Safety Code sections (illness reporting, vector control, etc.).
   
   This volume will contain the current text of pesticide-related laws and regulations. Other Compendium volumes will reference the laws and regulations volume for text of the codes.
   
3. Restricted Materials and Permit Management
   This volume, expected in later 2005, will include:
   1. California Environmental Quality Act (CEQA) functional equivalency certification and the California permit program
   2. Regulatory procedures for CEQA functional equivalency certification of the permit program
   3. Management of restricted materials
   4. Permitting from the standpoint of CEQA functional equivalency certification
   5. Permit issuance
   6. DPR “recommended” permit conditions
   7. The exemption for federal restricted use pesticides and CAC authority to require permits for them in the county
   8. Permit appeals to DPR
   9. County permitting of non restricted materials
   10. Restricted materials interpretations of laws and regulations.
4. Inspection Procedures
   The June 4, 2003 Inspection Procedures Manual will be volume IV of the Compendium for the time being, but a revision planned for late 2006, will include:
   1. Field procedures for pesticide use enforcement inspections
   2. Designing a neutral scheme inspection program
   3. Inspections interpretations of laws and regulations.
5. Investigation Procedures
   This volume, to be circulated for review and comment in January 2005, will include:
   1. Episode investigation
   2. Investigation goals and expectations
   3. Elements of a violation
   4. Report writing
   5. The Investigative Sampling manual will be incorporated into this volume
   6. Investigations interpretations of laws and regulations
   7. Chain of custody and evidence preservation.
6. Enforcement Guidelines
   This volume, planned for release in 2006, will include:
   1. Citable sections
   2. Decision trees
   3. Glossary of terms.
   
   This small volume may be consolidated into another volume.
   
7. Hearings Source Book
   This volume, expected in later 2005, will include:
   1. Guidance for hearing officers and advocates.

Suggestions for changes, additions, or deletions to the Compendium should be made to the Enforcement Branch Liaison assigned to your county.

DPR tentatively plans to complete this project by December 2006.

Sincerely,