Update to Compendium Volume 4, Inspection Procedures

The letter announces updates to Volume 4, Inspection Procedures, part of the Pesticide Use Enforcement Programs Standards Compendium. Volume 4 has been updated and incorporates edits, revisions, and provides guidance to assist in implementing revisions to Title 3 of the California Code of Regulations (3CCR), Title 16 of  the California Code of Regulations (16CCR), Business and Professions Code (BPC), and the Food and Agriculture Code (FAC). Specifically, Neonicotinoid Use on Food and Feed Crops, Certification and Training, Apiary Operator Notification, Health Risk Mitigation and Volatile Organic Compound Emission Reduction for 1,3-Dichloropropene, and Structural Standards and Record Requirements regulations as well as changes in the FAC stemming from Assembly Bill 2113.

• Chapter 2, Pesticide Pre-Application Site Evaluation.
  • Pre-Application Site Evaluation Instructions for Non-Agricultural Permit Monitoring.
    • Non-agricultural instruction and guidance has been added.
    • Amended Requirement 1, instruction and guidance has been added.
    • Amended Requirement 3, instruction and guidance has been added.
• Chapter 4, Pesticide Use Monitoring Inspection Report.
  • Guidance for inspecting Use of Carbon Monoxide Pest Control Devices (3CCR 6695) has been added. 
  • Amended Requirements 1 and 2, Pest Control Business Licensed (FAC 11701) and PCB Registered (FAC 11732). Changes have been made to be consistent with new exemptions in FAC 11531.
  • Amended Requirement 5, Certified Applicator Supervision (3CCR 6406). Addresses new certified private and commercial applicator responsibilities when supervising noncertified applicators.
  • Amended Requirement 12, Handlers Trained (3CCR 6724). Updated requirements to match the Certification and Training changes.
  • Amended Requirement 18, Safe Equipment (3CCR 6742). Added the employer’s responsibility to provide instruction on the safe operation of pesticide equipment to employees.
  • Amended Requirement 21, Equipment Registered (FAC 11732). Changes have been made to be consistent with new exemptions in FAC 11531. 
  • New Requirement 37, Employee Communication (3CCR 6731). Added employer requirements for employees using a restricted material to be able to immediately communicate with the certified applicator.
  • New Requirement 38, Apprentice Pilot Supervision (3CCR 6540). Addresses the journeyman pilot’s responsibilities when supervising an apprentice pilot.
  • New Requirement 39, Applications of Neonicotinoid Pesticides (3CCR 6990-6990.16). Addresses foliar or soil applications of neonicotinoids.
  • New Requirement 40, Notification to Apiary Operators (3CCR 6983). Addresses applications of pesticides labeled “toxic to bees” on blossoming agricultural crops.
  • New Requirement 41, Certified Applicator Use Limitations (3CCR 6404). Added certified applicator use limitations when restricted materials are used.
• Chapter 5, Commodity Fumigation Use Monitoring Inspection Report.
  • Amended Requirement 5, Certified Applicator Supervision of Noncertified Applicator (3CCR 6406). Addresses new certified commercial applicator responsibilities when supervising noncertified applicators. 
  • Amended Requirement 12, Handler(s) Trained (3CCR 6724). Updated requirements to match the Certification and Training changes.
  • Amended Requirement 28, Safe Equipment (3CCR 6742). Added the employer’s responsibility to provide instruction on the safe operation of pesticide equipment to employees.
  • New Requirement 30, Certified Applicator Use Limitations (3CCR 6404). Added certified applicator use limitations when restricted materials are used.
  • New Requirement 31, Employee Communication (3CCR 6731). Added employer requirements for employees using a restricted material to be able to immediately communicate with the certified applicator.
• Chapter 6, Field Fumigation Use Monitoring Inspection Report.
  • Amended Requirement 1, Pest Control Business Licensed (FAC 11701). Updated licensing requirements to be consistent with new Category L created by Certification and Training regulations.
  • Amended Requirement 3, Licensed in Proper Category. 3CCR 6536 was repealed and replaced with FAC 11701.5. Updated licensing requirements to be consistent with new Category L created by Certification and Training regulations.
  • Amended Requirement 7, Certified Applicator Supervision (3CCR 6406). Added certified applicator responsibilities when supervising noncertified applicators.
  • Amended Requirement 14, Handlers Trained 3CCR 6724. Updated requirements to match the Certification and Training changes.
  • Amended Requirement 18, Field Posting (3CCR 6776). Edits made to conform to changes in the regulation for field fumigation warning signs.
  • Deleted Requirement 19, Posting – Aeration Complete (3CCR 6784(a)). Section 6784(a) was repealed.
  • Amended Requirement 21, Safe Equipment (3CCR 6742). Added the employer’s responsibility to provide instruction on the safe operation of pesticide equipment to employees. 
  • Amended Requirement 28, 1,3-Dichloroprope Field Fumigation (3CCR 6448 – 6448.2). Revised guidance to be consistent with newly amended and adopted regulations.
  • New Requirement 43, Certified Applicator Use Limitations (3CCR 6404). Added certified applicator use limitations when restricted materials are used.
  • New Requirement 44, Employee Communication (3CCR 6731). Added employer requirements for employees using a restricted material to be able to immediately communicate with the certified applicator.
• Chapter 7, Structural Fumigation Use Monitoring Inspection Report.
  • Amended Application Inspection Requirement 12, Handlers Trained (3CCR 6724). Updated requirements to match the Certification and Training changes.
  • Amended Requirement 24, Safe Equipment (3CCR 6742). Added the employer’s responsibility to provide instruction on the safe operation of pesticide equipment to employees.
• Chapter 8, Structural Use Monitoring Inspection Report.
  • Amended Requirement 9, Handlers Trained (3CCR 6724). Updated requirements to match the Certification and Training changes.
  • Amended Requirement 12, Safe Equipment (3CCR 6742). Added the employer’s responsibility to provide instruction on the safe operation of pesticide equipment to employees. 
  • Amended Requirement 14, Certified Applicator Supervision – Restricted Materials (3CCR 6406). Added certified applicator responsibilities when supervising noncertified applicators.
  • New Requirement 28, Certified Applicator Use Limitations (3CCR 6404). Added certified applicator use limitations when restricted materials are used.
• Chapter 9, Pest Control Headquarters Inspection Report.
  • Amended Requirement 6, Pesticide Use Records Available/2 Years (3CCR 6624). 3CCR 6624.5 was added to Requirement 6 which requires additional record keeping when a certified commercial applicator uses or supervises the use of a restricted material.
  • Amended Requirement 7, Pesticide Use Reports Submitted (3CCR 6626/6627). Added additional use report information required for applications of field soil fumigations using 1,3-Dichloropropene.
  • Amended Requirement 14, Trainer Qualified (3CCR 6724(f)). Updated requirements to match the Certification and Training changes.
  • Amended Requirement 15, Written Training Program (3CCR 6724(a)). Updated requirements to match the Certification and Training changes.
  • Amended Requirement 16, Handler Training (3CCR 6724(b-e)). Updated requirements to match the Certification and Training changes.
  • Amended Requirement 27, Doctor’s Agreement Available/ 3 Years (3CCR 6728(b)). Additional procedures and requirements were added.
  • Amended Requirement 28, Records/3 years (3CCR 6728(c)). Additional procedures and requirements were added.
  • New Requirement 38, Applications of Neonicotinoid Pesticides (3CCR 6990). Addresses recordkeeping requirements the operator of the property must obtain and retain for certain applications exempt under 6990(c).
  • Dealer Records
    • Amended Requirement 2, Designated Agent / Office, Valid License/Certificate (FAC 12101.5). 3CCR section 6560 was repealed because it duplicated FAC section 12101.5. Requirement 2 is now FAC 12101.5, no other edits to this item.
    • Amended Requirement 3, Sales Records / Written Statement (3CCR 6562). Edits have been made and guidance has been added.
    • Amended Requirement 4, Appropriate Products Sold (3CCR 6564). Additional information has been added pertaining to the sale of restricted use products.
    • Amended Requirement 5, Permits for Restricted Material Sales / 2 Years (3CCR 6568(a)). Additional information has been added pertaining to the sale of restricted use products.
    • Amended Requirement 6, Sales or Delivery of Restricted Materials to Certified Applicator (3CCR 6568(b)). Additional information has been added pertaining to the sale of restricted use products.
    • Amended Requirement 7, Operator Identification Number (OIN) (3CCR 6568(c)). Additional information has been added pertaining to the sale of restricted use products.
    • Amended Requirement 8, Out of County Sales Reporting (3CCR 6568(d)). Added 3CCR 6568(e) and additional information pertaining to the sale of restricted use products.
• Chapter 10, Pest Control Business Headquarters Inspection Report.
  • Headquarters and Employee Safety Inspections
    • Amended Requirement 6, Trainer Qualified (3CCR 6724(f)). Updated requirements to match the Certification and Training changes.
    • Amended Requirement 7, Written Training Program (3CCR 6724(a)). Updated requirements to match the Certification and Training changes.
    • Amended Requirement 8, Handler Training (3CCR 6724(b-e)). Updated requirements to match the Certification and Training changes.
    • Amended Requirement 16, Doctor’s Agreement Available for 3 Years (3CCR 6728(b)). Additional procedures and requirements were added.
    • Amended Requirement 17, Medical Supervision Records for 3 Years (3CCR 6728(c)). Additional procedures and requirements were added.
  • Licensed Pest Control Business Records/Storage Inspection
    • Amended Requirements 1 and 2, Pest Control Business Licensed (FAC 11701) and PCB Registered in County (FAC 11732). Changes have been made to be consistent with new exemptions in FAC 11531. 
    • Amended Requirement 9, Pesticide Use Records Available for 2 Years (3CCR 6624). 3CCR 6624.5 was added to Requirement 9 which requires additional record keeping when a certified commercial applicator uses or supervises the use of a restricted material.
    • Amended Requirement 10, Pesticide Use Reports Submitted (3CCR 6626 -6628). Added additional use report information for applications of field soil fumigations using 1,3-Dichloropropene.
    • Amended Requirement 13, SPCB Registration (BPC 8610). Changes have been made to be consistent with new exemptions in FAC 11531. Amended Requirement 16, Fumigation Log / 3 Years (16CCR 1970(a)). Updated to reflect record requirement changes.
    • Amended Requirement 17, Pesticide Use Records / Kept 3 Years (16CCR 1970(b)). Updated to reflect record requirement changes.

The updated sections are enclosed and will also be available online at the Pesticide Use Enforcement Program Standards Compendium Volume 4, Inspection Procedures. Please add these pages to your hard copies of the Volume. These additions have been added to the electronic CalPEATS system. Re-sync other mobile devices running CalPEATS to ensure that the updated inspection forms are available.

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

Sincerely,