California Code of Regulations (Title 3. Food
and Agriculture)
Division 6. Pesticides and Pest Control Operations
Division 6. Pesticides and Pest Control Operations
Chapter 2. Pesticides
Subchapter 4. Restricted Materials
Article 2. Possession and Use Limitations
(a) Restricted materials listed in section 6400 shall only be used by or under the direct supervision of a certified private or commercial applicator operating within the scope of the individual’s certification.
(b) An individual who is a certified private or commercial applicator but who does not possess the category, branch, or type of certification required for the intended use shall operate under the direct supervision of a certified private or commercial applicator whose categories and scope of certification are applicable to the intended use.
(c) Except as provided in (d), a restricted material which bears labeling designating the product as a fumigant shall only be used by or under the direct supervision of a certified commercial applicator.
(d) Private applicators certified in accordance with section 6580.2(c) may use or provide direct supervision for the use of restricted materials bearing labeling designating the product as a fumigant for the control of burrowing vertebrate pests.
NOTE: Authority cited: Sections 11456, 11502, 12976, 14005 and 14102, Food and Agricultural Code.
Reference: Sections 11501, 14006, 14011 and 14015, Food and Agricultural Code.
(a) As used in this section “noncertified applicator” includes:
(1) An employee trained to handle pesticides who is not a certified applicator,
(2) A certified private or commercial applicator whose category(ies) or scope of certification are not applicable to the intended pesticide use,
(3) A pilot with a Manned or Unmanned Apprentice Pest Control Aircraft Pilot Certificate, and
(4) An individual certified by another state or jurisdiction who is not certified as a private or commercial applicator in California.
(b) The certified private or commercial applicator responsible for supervising a noncertified applicator using a restricted material specified in section 6400 shall:
(1) Have practical knowledge of applicable requirements found on pesticide labeling and in California pesticide laws and regulations regarding the use of restricted materials by noncertified applicators.
(2) Verify current training records required by section 6724 that document training on the restricted material(s) used and applicable use situation(s).
(3) Provide instructions to the noncertified applicator(s) specific to the application site and pesticide(s) to be used in a manner the noncertified applicator can understand. These instructions must include at a minimum:
(A) Pesticide product labeling directions, precautions, and requirements applicable to the specific use and site; and
(B) How the characteristics of the use site and surrounding areas (e.g., surface and ground water, endangered species, local population) and the conditions of application (e.g., equipment, method of application, formulation) might increase or decrease the risk of adverse effects.
(4) Be aware of the conditions at the site of application and be available to direct and control the manner in which applications are made by the noncertified applicator(s). Except as provided in (c), the availability of the certified applicator shall be directly related to the actual or potential hazard of the situation.
(c) The certified applicator supervising the use of a restricted material specified in section 6400 must be physically present at the use site when required by the pesticide product labeling, restricted material permit conditions, or regulations.
(d) This section does not apply to:
(1) Individuals supervising restricted material applications only on Tribal or Federal land and certified by:
(A) The Tribe or Federal agency responsible for that land under a U.S. EPA-approved certification plan, or
(B) U.S. EPA under Title 40, Code of Federal Regulations Part 171 section 171.307(c) (July 1, 2019), hereby incorporated by reference;
(2) Individuals conducting laboratory research involving restricted materials; or
(3) Doctors of Medicine and Doctors of Veterinary Medicine applying restricted materials to patients during the course of the ordinary practice of those professions.
NOTE: Authority cited: Sections 11456, 11502, 12976, 14005 and 14102, Food and Agricultural Code.
Reference: Sections 11501, 14006, 14011 and 14015, Food and Agricultural Code.
6408. Private Applicator Certification.
NOTE: Authority cited: Sections 407, 14005 and 14102, Food and Agricultural Code.
Reference: Sections 11501 and 14006, Food and Agricultural Code.
6410. Pesticide Safety Information Series.
NOTE: Authority cited: Sections 407, 14005 and 14102, Food and Agricultural Code.
Reference: Sections 11501 and 14006, Food and Agricultural Code.
6412. Restricted Material Permit Requirements.
(a) Except as provided in this Section and Sections 6400, 6414 and 6416, restricted materials shall be possessed or used only under permit of the commissioner or under his direct supervision, or under permit of the director in any county in which there is no commissioner.
(b) The person named in a restricted material permit is authorized to retain possession, except for sale, of materials for which the permit was valid after such permit expires, provided they are stored in accordance with Sections 6670 and 6672.
NOTE: Authority cited: Sections 11456, 14005 and 14102, Food and Agricultural Code.
Reference: Sections 11501 and 14006, Food and Agricultural Code.
(a) Permits to possess restricted materials shall not be required of commercial carriers to transport such materials.
(b) No permit shall be required for restricted materials included only in subsection (a) of section 6400 (federally restricted use) when possessed or used by or under the supervision of a certified private or certified commercial applicator unless otherwise required by the commissioner.
(c) No permit shall be required for antifouling paints or coatings containing tributyltin.
(d) No permit shall be required for restricted materials used only for experimental or research purposes when possessed or used, by or under the supervision of, research personnel from colleges and universities provided they are operating according to the current established policy of the college or university which covers experimental pesticide use.
(e) No permit shall be required for restricted materials used according to a valid research authorization issued pursuant to section 6260.(f) A permit is not required of a licensed pesticide broker when possessing a pesticide designated as a restricted material for sale to a registrant, licensed pest control dealer, or another licensed pesticide broker in California.
(g) A permit is not required for restricted materials used only on Tribal land by an individual certified under a U.S. EPA-approved certification plan.
NOTE: Authority cited: Sections 11456, 12976, 14005 and 14102, Food and Agricultural Code.
Reference: Sections 11501, 14006, 14006.6, and 14015, Food and Agricultural Code.
6416. Groundwater Protection Restrictions.
(a) A permit is required for the possession or use of a pesticide containing a chemical listed in section 6800(a) when the pesticide is:
(1) applied in an agricultural, outdoor institutional, or outdoor industrial use within a runoff groundwater protection area or in a leaching groundwater protection area, or
(2) restricted for purposes other than groundwater protection.
(b) A permit is not required for the possession or use of a pesticide containing a chemical listed in section 6800(a) when the pesticide is used in a pest eradication program approved by the Department of Food and Agriculture, unless the pesticide is also restricted for purposes other than groundwater protection.
(c) Notwithstanding the provisions of this article and Article 4, the chemicals listed in section 6800(a) may be applied for research or experimental purposes pursuant to a valid research authorization. The applicant must provide the location of the research or experimental site with the research authorization request. The exemptions found in section 6268 do not apply when a person wishes to use these chemicals for research or experimental purposes.
NOTE: Authority cited: Sections 11456, 12976, 13145, 14004.5, 14005, 14006, and 14102, Food and Agricultural Code.
Reference: Sections 11501, 13145, 13150, 14004.5, 14005 and 14006, Food and Agricultural Code.
6417. Research Authorization for Groundwater Protection List Chemicals.
NOTE: Authority cited: Sections 407, 12781, 12976, 13145, 14005 and 14006, Food and Agricultural Code.
Reference: Section 14006.6, Food and Agricultural Code.
e 5-3-92 (Register 92, No. 18)