DPR Seeks Public Comment on Modifications to Reg for First-of-its-Kind Pesticide Application Notification System
System Planned for Statewide Implementation Next Year
SACRAMENTO – The California Department of Pesticide Regulation (DPR) today released modifications to its proposed pesticide application notification regulation. Once in effect, the regulation will support the statewide implementation of a first-of-its-kind system to provide advance information on the planned applications of restricted material pesticides used in agriculture. Restricted materials are a highly regulated category of pesticides that have greater potential than other pesticides to cause harm to people, animals, the environment, or other crops. They require a county-issued permit for use and carry significant restrictions on how and where they can be used and who can use them.
The department is seeking public comment on the proposed modifications to the regulation through a 30-day public comment period and three public hearings scheduled on July 12, 15 and 23.
Following the close of the current public comment period, DPR will finalize the regulation and system design in preparation for statewide implementation of the pesticide application notification system in the first quarter of 2025.
The department initially proposed the regulation on Nov. 3, 2023. The proposed regulation would support the statewide implementation of a notification system by requiring electronic submission of select information from Notices of Intent (NOIs) for permitted applications to DPR and requiring DPR to make the information it receives publicly available. NOIs are required before a permitted application of a restricted material pesticide. DPR will be required to provide information 48 hours prior to the intended start of a soil fumigation and 24 hours prior to the intended start of all other restricted material applications requiring a permit. NOIs, which are part of the state's restricted material permitting process, are currently submitted to and must be approved by the local county agricultural commissioner before a restricted material pesticide can be used.
DPR will submit the final regulation to the Office of Administrative Law (OAL) for final review and approval.
Additional details and the proposed revised regulation can be viewed on DPR's website.
Public Comment Opportunities on Proposed Modifications to the Regulation
The department is holding a 30-day public comment period July 2 through Aug. 1 and three regulatory hearings on July 12, July 15 and July 23.
The hearings and public comment period are to collect input on the proposed modifications to the notification regulation. The modifications were made after the initial public comment period, which was open for 70 days starting in November 2023 and included three regulatory hearings. Those proposed changes include:
- The requirement for DPR to re-evaluate and review the system, including annually receive feedback from and provide a status update to the department's Environmental Justice Advisory Committee, the California Department of Food and Agriculture's State Board and the public until DPR issues a comprehensive report on the system three years after the regulation becomes effective.
- Clarifying the restricted material pesticides that are subject to the 24- and 48-hours reporting requirements.
- Clarifying that DPR will make publicly available pesticide product name(s) and active ingredient(s).
- Clarifying the effective date for the implementation of the system.
A pre-hearing presentation on the regulation and proposed modifications and an overview and demonstration of the system design will begin at 6 p.m. prior to the start of each of the formal regulatory hearings and public comments. The formal regulatory hearings and public comments will begin at 6:30 p.m.
All hearings will be conducted in English with Spanish interpretation provided. Information on accommodations, including requesting interpretation in additional languages, can be viewed within the regulatory notice, available on DPR's website.
Stanislaus County Hearing
- Date: July 12, 2024
- Time: 6 p.m. presentation, 6:30-8:30 p.m. regulatory hearing
- Location: Carnegie Arts Center: 250 N Broadway, Turlock
Virtual Hearing*
- Date: July 15, 2024
- Time: 6 p.m. presentation, 6:30-8:30 p.m. regulatory hearing
- Location: Zoom (virtual) hearing. You can login using this link prior to the start of the hearing. You will be prompted to enter an email address to join. This is a Zoom requirement.*
- Link to join the meeting
- View Only: The hearing will also be accessible via public webcast for persons who would like to watch this hearing without participating. Access the public webcast
*If you are interested in hosting a hearing group with multiple people using one Zoom login, please email randi.jimenez@cdpr.ca.gov so we know that the login will represent multiple speakers and DPR can better capture feedback from all individuals in the group.
Kern County Hearing
- Date: July 23, 2024
- Time: 6 p.m. presentation, 6:30-8:30 p.m. regulatory hearing
- Location: Shafter Youth Center: 455 E Euclid Ave, Shafter, CA 93263
DPR is accepting written comments, which can be submitted online through the department's public comment portal, by mail, or provided by email to dpr23003@cdpr.ca.gov, between July 2 through Aug. 1.
Background on Development of the Notification System
DPR began development of the statewide pesticide application notification system in 2021 with funding from the state budget to provide the public with advance information about pesticide applications. The department conducted a series of public webinars and workshops between 2021 and 2023 to collect feedback to inform the design and development of the system. In 2022, county agricultural commissioners in Riverside, Santa Cruz, Stanislaus and Ventura counties volunteered to partner with DPR to conduct local pilot projects to further inform the development of the statewide pesticide application notification system. In addition, between October 2023 and February 2024, DPR conducted a small group beta test of the proposed statewide notification system in Tulare County. A video demonstration of the system that was beta tested in Tulare County, called ”SprayDays California," is available on the department's YouTube channel.
Feedback and input received from the public since 2021 informed many elements of the statewide notification system design, including:
- Information on the pesticide application (available through the state's existing restricted material permitting process), including:
- Product name and chemical ingredient
- Direct link to the product label
- Intended application method
- Intended date and time period the application may occur
- Scale of the application, and
- Context and information on how pesticides are regulated and evaluated in California to protect people and the environment, including specifically how restricted material pesticides are regulated.
- An anonymous search function that allows users to search for pesticide application information without providing personal information.
- A subscription function that allows users to receive email and text message “notifications” when an application is planned near a specific address; users may sign up to receive this information for multiple addresses.
- Information provided in Spanish and English.
- A public website and visual mapping tool that is easy to use on mobile devices.
- User-centered design with graphic and visual content.
- Information on community health and resources for finding more information on pesticide safety and health impacts from pesticide exposure including the phone number for the National Pesticide Information Center, which provides information on potential health impacts from pesticide exposure.
The system will indicate the location of the pesticide application within a 1-square-mile area using the standardized Public Land Survey System data. The 1-square-mile Public Land Survey System location is the only location information used consistently in the restricted material permitting process across all California counties.
ABOUT THE DEPARTMENT OF PESTICIDE REGULATION
The California Department of Pesticide Regulation protects human health and the environment by fostering sustainable pest management and carrying out a robust regulatory program.
DPR's work includes conducting scientific evaluations of pesticides to assess and mitigate potential harm to human health or the environment prior to and following registration, registering all pesticides prior to sale or use in California, monitoring for pesticides in the air and water, and enforcing pesticide laws and regulations in coordination with 55 County Agricultural Commissioners and their combined 500 field inspectors across the state's 58 counties. DPR invests in innovative research, outreach, and education to encourage the development and adoption of integrated pest management tools and practices and conducts outreach to ensure pesticide workers, farmworkers and local communities have access to pesticide safety information. More information about DPR.
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