Probationary Licensing Terms for Trical, Inc.

On November 22, 2022, the California Department of Pesticide Regulation (DPR) initiated a licensing discipline action against three TriCal business licenses, Pest Control Business – Main No. 30596, Pest Control Business – Branch No. 38638, and Pest Control Business – Branch No. 30597 (collectively referred to herein as TriCal.) The terms of the enclosed Stipulated Settlement Agreement and Disciplinary Order apply to the business operations of these licensees, in any county where these licensees are registered.

As the basis for discipline, DPR cited sixty-one (61) violations of various provisions of the Food and Agricultural Code and pesticide use regulations. The violations stem from nine (9) incidents—including four (4) priority incidents—in four (4) California counties (Monterey, San Luis Obispo, Santa Barbara and Ventura) from 2018 to 2021. Eighty-five (85) individuals—including first responders and children—reported serious symptoms of pesticide exposure associated with the incidents. Six (6) complainants sought medical care.

On September 13, 2023, DPR Director Julie Henderson signed a Disciplinary Order placing the licensees on a two year-probation. The terms described below take effect on October 16, 2023 and will be implemented in accordance with the timeline detailed in the enclosed Appendix A. The probationary requirement for TriCal to comply with all laws and regulations pertaining to pest control becomes effective on October 16, 2023. All other probationary terms become effective December 15, 2023.

The probationary terms include the following requirements which are summarized below. Please see the enclosed Stipulated Settlement Agreement and Disciplinary Order for further information and details.

• Defines “difficult to evacuate sites” as sites including but not limited to, schools, daycare centers, hospitals and prisons and areas associated with those uses, that are located within ¼ mile of the pesticide treatment area. Defines “sensitive sites” as difficult to evacuate sites, and sites such as, but not limited to, residences, businesses, parks and houses of worship, located within 450 feet of the outer boundary of the application’s buffer zone. Defines “bystander area” as such as those utilized for outdoor recreation, wildlife conservation, sidewalks and parks that are not otherwise associated with difficult to evacuate or sensitive sites, located within 450 feet of the outer boundary of the application’s buffer zone. See the Stipulated Settlement and Disciplinary Order for full details regarding the definitions of these use areas.

For each and every agricultural pesticide application to the soil, including applications of any product containing the active ingredients 1,3-D and/or chloropicrin, which occurs during the probationary period, TriCal will do all of the following:

• Notify DPR and the local CAC 96 hours in advance of planned applications. The notice will contain a map identifying the difficult to evacuate sites, sensitive sites and bystander areas and their distances from the pesticide treatment area. See item 21(c)(i) in the Stipulated Settlement and Disciplinary Order for additional information.
• For any pesticide application for which the local CAC or DPR notifies TriCal that a representative will observe the application, TriCal will not conduct the application unless and until the representative is present at the application site. Exceptions and limitations apply. See item 21(c)(ii) in the Stipulated Settlement and Disciplinary Order for additional information.
• Provide written notices to occupants of difficult to evacuate and sensitive sites at least seven (7) days prior to the proposed application. The notice must be provided in writing in both Spanish and English in the form of a mailing, door-hanger, hand delivery or other lawful method. See item 21(c)(iv) in the Stipulated Settlement and Disciplinary Order for additional information.
• Chemigation applications will be observed by a person holding a current and valid Qualified Applicator License (QAL), Qualified Applicator Certificate (QAC) or Pest Control Advisor License (PCA), to ensure that applications are being conducted lawfully. If off-site movement, or any a violation or potential violation occurs or appears imminent, the qualified observer must stop the application and take further actions, as defined. Within 72 hours of the completion of the application, the qualified observer will submit a signed statement to the local CAC office and DPR certifying that all applicable conditions related to the applications were met and adhered to or documenting any incidents or potential violations. See item 21(d) in the Stipulated Settlement and Disciplinary Order for additional information.
• Trained handlers will conduct post-application monitoring of difficult to evacuate sites, sensitive sites and bystander areas. If offsite movement is detected, the handler must notify DPR and the local CAC office and take additional steps, as defined. Within 72 hours of the completion of the application, TriCal will submit a signed statement to the local CAC office and DPR certifying that all applicable conditions related to the fumigant site monitoring were met and adhered to, or documenting any incidents or potential violations. See item 21(c)(iii) in the Stipulated Settlement and Disciplinary Order for additional information.
• TriCal must designate a person holding a current QAL, QAC, or PCA license as a compliance coordinator for each licensee cited in this enforcement action, and provide the compliance coordinators’ contact information to DPR and the local CAC office. See item 21(e) in the Stipulated Settlement and Disciplinary Order for additional information.

DPR is responsible for monitoring and assessing TriCal’s compliance with all the terms in the Stipulated Settlement Agreement. The probationary terms do not place any requirements on the county agricultural commissioners. As part of its efforts to ensure compliance with the probationary terms, DPR intends to conduct periodic inspections of TriCal. DPR may perform inspections to ensure compliance with the settlement agreement either jointly with the local CAC or independently. In either case, your Enforcement Branch Liaison will contact the CAC office prior to performing any inspection.

As noted above, pursuant to the probationary terms, TriCal may provide your office with records of their pest control activities in your county. These records may be useful as part of any investigation stemming from a TriCal application. DPR will be filing copies of these records which may be available upon request. In addition, for your information, please note the following:

• Totally impermeable films (TIF) tarps are required for all tarped applications. The tarp name and lot number must be printed on the tarp in a font size equal to 2-3 inches in height and printed at least 1 (one) foot from each edge and at an interval of 20-30 feet along the length of the tarp.
• TriCal will fully cooperate with DPR and local CACs in investigations and routine compliance inspections.

While not required by the Agreement, DPR appreciates continued coordination with the CACs on this issue and would appreciate if you could contact your Enforcement Branch Liaison if your office documents that TriCal may have violated a pesticide use requirement.

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

Sincerely,