California Code of Regulations (Title 3. Food
and Agriculture)
Division 6. Pesticides and Pest Control Operations
Division 6. Pesticides and Pest Control Operations
Chapter 1. Pesticide Regulatory Program
Subchapter 2. Program Certification
Article 2. Standards
(a) When the director proposes to amend, adopt, or repeal a standard or regulation of the pesticide regulatory program or is reviewing a county regulation pursuant to Section 11503 of the Food and Agricultural Code, a public report shall be prepared allowing 45 days for the public to review each proposal. The public report shall be posted on the official bulletin boards of the department, and of each commissioner's office, and in each District office of the Division of Pest Management, Environmental Protection and Worker Safety for 45 days. "Standard," as used in this article, means pest management guidelines, restricted materials hazard chart, pesticide safety information series, and similar documents.
(1) Each public report shall include a summary of the proposal and shall be sent to any person upon written request. In addition, the public agencies to be consulted pursuant to Section 6252 shall be sent a copy of the public report. The director may develop a schedule of actual cost for the reproduction of public reports to be charged to those requesting copies.
(2) Each public report shall describe the activities of the pesticide regulatory program that will be affected by the proposal and a summary of existing statutes related to the proposal.
(3) Each public report shall include a statement of any significant adverse environmental effect that can reasonably be expected to occur, directly or indirectly, from implementing the proposal, and a statement of any reasonable mitigation measures that are available to minimize significant adverse environmental impact.
(4) Each public report shall also contain a statement and discussion of reasonable alternatives which would reduce any significant environmental impact.
(5) The availability of the public report shall be noted in any notices of any proceeding on the proposal.
(b) The evaluation of proposed changes shall follow any hearing or other consultation with the public, and the director shall consider all applicable factors including the following in evaluating the proposal:
(1) The adequacy of the proposal in achieving the purposes of the pesticide regulatory program as provided in Section 11501 of the Food and Agricultural Code.
(2) The consistency of the proposal with the intent and provisions of Section 21080.5 of the Public Resources Code.
NOTE: Authority cited: Sections 11456, 12781 and 14005, Food and Agricultural Code.
Reference: Section 21080.5, Public Resources Code; and Sections 11501 and 11503, Food and Agricultural Code.
6116. Notice of Final Decision.
(a)(1) The final action taken regarding a standard or regulation in which a significant adverse environmental point was raised during the evaluation process shall include a written evaluation of such points approved by the director.
(2) The director shall not adopt a standard or regulation which would cause a significant adverse environmental impact if there is a feasible alternative or feasible mitigation measure available which would substantially lessen any significant adverse impact which implementation of the proposal may reasonably be expected to have on the environment.
(b) After adopting a standard or regulation affecting the pesticide regulatory program, the director shall file a Notice of Decision with the Secretary of the Resources Agency for posting. The notice shall be available for public inspection, and remain posted for a period of 30 days at the Resources Agency.
NOTE: Authority cited: Sections 11456, 12781, 12981 and 14005, Food and Agricultural Code.
Reference: Section 11501, Food and Agricultural Code.
The director shall prepare a public report on proposed emergency standards or regulations relative to the pesticide regulatory program. Insofar as possible, each report shall be available in advance of the emergency adoption of proposed standards or regulations. Comments from the general public and public agencies shall be solicited pursuant to the Administrative Procedure Act.
NOTE: Authority cited: Sections 11456, 12781 and 14005, Food and Agricultural Code.
Reference: Section 14103, Food and Agricultural Code; and Chapter 308, Statutes of 1978.