Updates to Compendium Volume 2, Laws and Regulations, Field Fumigant Use Requirements – Regulations

Effective April 1, 2016, regulations amended existing field fumigation methods in the Sacramento Metro, San Joaquin Valley, South Coast, Southeast Desert, and Ventura ozone nonattainment areas (NAAs) when using methyl bromide, 1,3-Dichloropropene (1,3-D), chloropicrin, metam-sodium, and potassium N-methyldithiocarbamate (metam-potassium); and to be consistent with product labeling.

Title 3, California Code of Regulations (3 CCR)

Title 3, California Code of Regulations (3 CCR)
Section	Action	Subject highlights	Date Effective
6000	Amended	Definitions – Handle and Treated Field added fumigant label term “entry restricted period.” Also added to Handle the phrase “other handling activities specified by the label.”	4/1/2016
6445 et seq.	Amended	To conform to label language, the term restricted entry interval was revised to entry restricted period in sections 6445 – 6447.3	4/1/2016
6447 et seq.	Amended	References to application rate were replaced with broadcast equivalent application rate in sections 6447 – 6452.	4/1/2016
6447	Amended	Methyl Bromide Field Fumigation General Requirements – Amended work site plan and permit conditioning requirements in 6447(a) and (c); and redefined and expanded the types of allowed tarps. Deleted requirement to clear fumigant lines due to redundancy with a label requirement.	4/1/2016
6447.2	Amended	Methyl Bromide Field Fumigation Buffer Zone Requirements – Clarified transit restrictions and requirements for inner buffer zone posting, granting permissions, and restrictions on fumigations within a 1/4 mi of schools. Deleted requirements that were redundant with label requirements.	4/1/2016
6447.3	Amended	Methyl Bromide Field Fumigation Methods – Deleted “Nontarpaulin/Shallow/Bed” method since labels prohibit this method. For TIF tarps, increased the time period before tarp perforation and the entry restricted period. Deleted several requirements that were redundant with label requirements.	4/1/2016

Title 3, California Code of Regulations (3 CCR)
Section	Action	Subject highlights	Date Effective
6448.1	Amended	1,3-D Field Fumigation Methods – Deleted soil-moisture requirements due to redundancy with label requirements. Limits number of strip fumigations within an application block in a year. In certain NAAs, allows method (d)(2) under specific conditions and prohibits method (d)(5) unless specific application conditions are met. For TIF tarps, increased time period before perforation and entry restricted period.	4/1/2016
6449.1	Amended	Chloropicrin Field Fumigation Methods – Deleted application rate, soil moisture, and tarp repair requirements that were redundant with label requirements. Amended application method restrictions in certain NAAs.	4/1/2016
6450.1	Amended	Metam-Sodium and Metam-Potassium Field Fumigation Methods – Deleted soil moisture and pre-application soil cultivation requirements that were redundant with label requirements.	4/1/2016
6452.2	Amended	VOC Emissions Limits – Updated section references in (c)(3) and (d)(3).	4/1/2016
6502	Amended	License and Certificate Application Fees & Forms – Updated form date.	8/26/2015
6170.5, 6723, 6724, 6761	Amended	Hazard Communication for Field Workers – Changed MSDS references to SDS.	12/2/2015
6784	Amended	Field Fumigation – Deleted requirements for two employees present, using NIOSH approved respiratory protection, and tarpaulin cutting and removal procedures because they were redundant with label requirements.	4/1/2016

Division 6, Food and Agricultural Code (FAC)

Division 6, Food and Agricultural Code (FAC)
Section	Action	Subject highlights	Date Effective
12401	Correction	12401(b) was repealed in 2006.	1/1/2006

Printing copies: We advise printing two-sided to maintain correct pagination for insertion into your Compendium Volume 2, Laws and Regulations Manual.

Page insertion instructions: Insert new pages and remove the outdated pages.

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

Sincerely,

Original signature by:

Donna Marciano

Chief, Enforcement Branch

916-324-4100

Enclosures

CC:

Mr. Joe Marade, DPR Agricultural Commissioner Liaison

Enforcement Branch Liaisons