DPR 23-003 – Statewide Notification of Agricultural Use of Restricted Materials

DPR 23-003 Statewide Notification of Agricultural Use of Restricted Materials (Noticed 11/3/23; Comment period closed 1/12/24; “15-day” comment period 7/2/24-8/1/24)

DPR amended sections 6000, 6424, 6428, 6432, and 6434 of title 3 of the California Code of Regulations. In summary, this action requires all agricultural use notices of intent (NOIs) to be electronically submitted to the County Agricultural Commissioner (CAC) via CalAgPermits.org, unless the CAC grants an exemption from the electronic submission requirement upon a finding of undue hardship. Additionally, it requires all NOIs for soil fumigations to be electronically submitted to the local CAC via CalAgPermits.org a minimum of 48 hours before the intended start of the application. It also requires specific information from NOIs for the use of restricted materials requiring a permit for the production of an agricultural commodity to be electronically submitted to DPR via CalAgPermits.org at least 48 hours in advance of the intended start of a soil fumigation and at least 24 hours in advance of the intended start of an application of all other pesticides. Additionally, beginning March 26, 2025, this action requires DPR to make the specific NOI information it receives publicly available upon receipt or as soon as practicable. Finally, it requires DPR to issue annual updates on its system and process for making the specific NOI information publicly available until DPR issues a comprehensive report on the system three years after February 24, 2025, or as soon thereafter as reasonably practicable. DPR must accept public comments on its annual status updates and on its comprehensive three-year report and receive feedback from and present on its annual status update and comprehensive three-year report to the Department of Pesticide Regulation Environmental Justice Advisory Committee and the State Board of Food and Agriculture.

Two in-person public hearings were held on December 13 and 14, and one virtual public hearing was held on December 19 to receive oral or written comments regarding the proposed changes. Two in-person public hearings were also held on July 12 and 23, and one virtual public hearing was held on July 15 to receive oral or written comments regarding the proposed modifications that were available for public comment from July 2, 2024 to August 1, 2024.

Date Noticed: 11/03/2023

Effective Date: 02/24/2025

Status: Adopted

Section 100: No

Adopted: Yes

Status & Notes:

Filed with Secretary of State 12/13/2024

Comment Period: