Transcript Document

Regulatory Update
and Common
Violations
San Mateo County
Department of Agriculture
February 2013
Pesticide Labels

Labels Change

Additional PPE may be added
 New buffer zones are starting to show up
on labels.
 Drift Minimization.
 Use restrictions may change.

When a new shipment comes in pull
the label off the container and look for
changes.
Aluminum Phosphide Label Changes

New Label with significant new restrictions
 Use
no longer allowed around residential
areas, nursing homes, schools
(except athletic fields, where use may
continue), day care facilities, and hospitals
 100 foot buffer from a building that is or may
be occupied by people or domestic animals.
3
Aluminum Phosphide continued

For use only on agricultural areas, orchards,
non-crop areas (such as pasture and
rangeland), golf courses, athletic fields,
airports, cemeteries, rights-of-way, earthen
dams, parks and recreational areas and other
non-residential institutional or industrial sites.
4
Aluminum Phosphide continued

Athletic fields or parks must post a sign at
entrances to the treated site containing the
signal word DANGER /PELIGRO skull and
crossbones, the words: DO NOT ENTER/NO
ENTRE, FIELD NOT FOR USE, the name and
EPA registration number of the fumigant, and a
24-hour emergency response number. Placards
may be removed 2 days after the final treatment
5
Aluminum Phosphide continued
Production
Agriculture and Other areas
posted with signal word
DANGER/PELIGRO skull and
crossbones, the name and EPA
registration number of the fumigant, and
a 24-hour emergency response number
for 2 days.
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Pesticide Use
Monitoring
Inspection: What to expect
during an inspection
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
1) Is the Pest Control Business Licensed?

2) Is the Business registered with the County?

3)Registered Label must be at the use site
 On
the container or in label binder.
 Partial Label not acceptable

4) Has a NOI been submitted for any California
Restricted Materials.
 Minimum
24 Hours in advance of application
8

5) Is there a Certified Applicator
supervising applications of Restricted
Materials?
 This
applies to both CA restricted and
Federally restricted pesticides.
 Can be via phone/radio if there are at least
two non-cert applicators on site.

6) Does the application comply with permit
conditions?
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
7),8) Labeling.
 Always
read and follow the label.
 PPE, Site specifics (crack and crevice only),
rate, etc...
 Labels regularly change so always check
whenever a new shipment of product comes
in.

9) PPE Regulations.
 Must
always were at the minimum eye
protection and chemical resistant glove.
10

10)Respiratory Protection.
 If
required by label or employer every employee must
have a medical evaluation and fit test prior to wearing
respirator.
 Fit test must be performed annually.
 Exemption: Filtering face piece (dust mask) worn
voluntarily by employee.

11) Coverall worn for “Warning/Danger”
Pesticides

12)Handler Training
 All
employees must be trained on each pesticide
before use
 All Card holders are considered trained
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
13) Emergency Medical Posting
 Name,
address and phone number for nearest
medical facility must be posted in truck or in
prominent place at the work site.

14)Employee working alone “Danger”
products
 Production
agriculture only
 Must maintain contact via radio, telephone or in
person every 2 hours during the day and 1 hour at
night.
 Vertebrate baits and solid fumigants (Aluminum
Phosphide) are exempt
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
15) Decontamination Facility
Water, soap, single use towels, and extra coveralls.
 For Production Agriculture needed for handling any
pesticide. At Mixing/Loading site and ¼ mileof any
handler
 For non-production ag only needed when using
Danger or Warning Pesticides within 100 feet of
mixing/loading site.


16) Eyewash Immediately available
 Only applies to production agriculture use.
 Handler must have 1 pint of water on their person
or
on vehicle

17) Field Postings

Production Ag only
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
18) Safe Equipment
 Inspect
each day prior to use to ensure equipment is
operating properly.

19) Closed System
 Production Ag Only
 Closed system needed
when employees Mix or Load
a “Danger” product.
 Exempt if using less than 1 gallon from a container
that is less than 1 gallon.

20)Protection of Persons/Animals/Property
 Do
not Drift onto Non-Target areas. Be aware of
environmental condition prior to treating
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
21) Equipment Registered
 Equipment
list provided when the company registers
with the county

22) Equipment Identified
 All
pest control businesses must identify each vehicle
with markings readable at a distance of 25 feet. The
identification must include either: (1) the business’
name; or (2) the pest control business license number
and a statement such as “Licensed Pest Control
Operator”, “Fumigation Division”
or similar wording
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
23) Backflow Prevention- Airgap
 Keep
an air gap between the water source and the
equipment where pesticides are being mixed. Do not
stick the hose down into the container (back pack
sprayer, B&G or truck rig etc..).

24)Containers Secured and Attended
 Locked

away or in the line of sight of the applicator
25)Containers Labeled/ Closures
 All
containers holding pesticides, except service
containers, must carry the manufacturers label.
 All containers need to be securely closed.
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
26)Service Container Labeling
 Backpack
sprayers, B&G, truck mounted rigs any
container other than the original manufacturer’s
container used to store or transport a pesticide.
 Service Containers,… shall be labeled with:
(a) The name and address of the person or firm
responsible for the container;
(b) The identity of the economic poison in the
container; and
(c) The word “Danger”, “Warning”, or
“Caution”, in accordance with the label on the
original container
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
27) Proper Containers
 In
no case shall a pesticide be placed or kept in any
container of a type commonly used for food, drink or
household products.

28)Proper Pesticide Transport
 Cannot
be in the same compartment with persons or
food.
 Pesticides containers must be secured in a way to
prevent spillage

29)Containers Rinsed
 Triple
Rinse
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
30) Accurate Measurement
 Use
devices that are calibrated to the smallest unit in
which the pesticide is being weighed or measured.

31)Ground Water Protection
 Use
of pesticides containing chemicals listed in
section 6800(a) shall be prohibited below the high
water line inside artificial recharge basins, unless the
pesticide is applied six months or more before the
basin is used to recharge ground water.
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
32) Wellhead Protection

(a)the following activities shall be prohibited within 100 feet of a
well (including domestic, municipal, agricultural, dry or drainage,
monitoring, or abandoned wells):





(1) mixing, loading, and storage of pesticides.
(2) rinsing of spray equipment or pesticide containers.
(3) maintenance of spray equipment that could result in spillage of
pesticide residues on the soil.
(4) application of preemergent herbicides.
(b) Wells shall not be subject to the requirements in (a) if they
are:



(1) sited so that runoff water from irrigation or rainfall does not move
from the perimeter of the wellhead toward the wellhead and contact
or collect around any part of the wellhead including the concrete
pad or foundation; or
(2) protected by a berm constructed of any material sufficient to
prevents movement of surface runoff water from the perimeter of
the wellhead to the wellhead.
(c) Application of preemergent herbicides shall be prohibited
between the berm and the wellhead
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References
All of these can be found on DPR’s Website.
 Inspection Procedures Manual


California Code of Regulations (CCR)


http://www.cdpr.ca.gov/docs/enforce/compend/vol_4/inspect_procedures.htm
http://www.cdpr.ca.gov/docs/legbills/calcode/chapter_.htm
Food and Agricultural Code (FAC)
 http://www.leginfo.ca.gov/cgibin/calawquery?codesection=fac&codebody=&hits=20
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CalAgPermits
and
On-Line Pesticide Use Reporting
San Mateo County Department of
Agriculture/Weights and Measures
www.CalAgPermits.org
• Internet based program
– Used by all California County Agriculture
Departments
– San Mateo County went live with software in
September 2011
• Permit Issuance
– Maps connected to sites, Utilizes new GIS
features
• Pesticide Use Reporting
• Public Interface
– For Online Pesticide Use Reporting
Users of CalAgPermits
• Any company that must report their pesticide use
under CCR 6626 & 6627
– Growers (production agriculture)
– Municipalities, Golf Courses, & Cemeteries (nonproduction agriculture)
– Agricultural Pest Control Companies
– Maintenance Gardeners
– Structural Pest Control Companies
Advantages to On-Line Pesticide Use
Reporting
• You control when and how you submit your data.
– Everyday, every month, certain times, certain days, etc.
(Monthly Pesticide Use Reports will still have to be
submitted on-line by the 10th of the following month.)
• Data is checked at time of submittal
– Not at the time we enter it
– No time lag between submittal and questions from our office
– We catch (and can sometimes fix) errors earlier
• Data entry is only done once
Requesting a Username &
Temporary Password
• The CalAgPermits request form can be filled out
and faxed or emailed to our office
– www.smcgov.org\agwm Pesticide Related
Links>Requesting a Username for CalAgPermits
– Email Address: [email protected]
– Fax number: (650)367-0130
Steps to Log on
• Go to www.calagpermits.org
• Type in your username and temporary
password.
– Usernames and Passwords are case-sensitive
• Change your temporary password.
• Set-up your security questions.
– Allows you to reset your password without calling
our office.
CalAgPermits Public User Home Page
Which Form do I use?
• Ag. PCBs and Cities, Golf
Courses & Cemeteries
– Use the Non-Structural
MSPUR or MSPUROther Non-Ag, NonProd Ag Monthly
Report
• Structural PCBs
– Use the Structural
Monthly report or
MSPUR – Structural
Applications
Monthly Report
• SCPB stamp field
Data Entry Screen
Submission Status
•View status on individual report view or
from the PUR/NOI list
•Check Status Abbreviations Legend
– INC-report is incomplete and missing a key field. After correcting
field, the “Submit” button has to be clicked for report to go to the
County.
– ERR-records need to be corrected before they can be submitted.
– DFT-Report has not been successfully submitted to our
Department
Finding your records using the
PUR/NOI list
Printing and Saving Reports
Contact Information
• If you have any question please contact your District
Biologist.
• Koren Widdel– [email protected]
– 650-363-4700
• Leonard Kuwahara
– [email protected]
– 650-726-2514
• Jeremy Eide
– [email protected]
– 650-363-4700
DPR
Surface Water Protection
Regulations
3 CCR sections 6970 and 6972
(and new definitions added to 3 CCR §6000)
Effective July 19, 2012
The Big Picture Goal
• Reduce surface water contamination from
pyrethroid insecticides.
• Pesticide runoff to surface water is a
significant source of aquatic toxicity.
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Applications Affected
Only pesticide applications that meet
all of the following criteria:
• outdoor applications
• to non-agricultural sites (including
structural, residential, industrial, and
institutional)
• of any of the 17 specified pyrethroids
• by persons performing pest control for
hire (pest control businesses, including
landscape maintenance gardeners)
3 CCR §6970
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Applications NOT Affected
(not “for hire”)
Pesticide applications
• by agency and school employees
• by business and institutional
employees
• by homeowners and residents
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Pesticide Uses NOT Affected
• Production agricultural sites
• Non-production agricultural sites:
•
•
•
•
Parks, city owned trees
Cemeteries
Golf courses
Rights of Way
17 Regulated Pesticides
(continued on next slide)
Active Ingredient
Product Example
Bifenthrin
Talstar
Cyfluthrin
Tempo 20 WP
Beta-cyfluthrin
Tempo SC, Cyguard
Gamma-cyhalothrin
Standguard
Lambda-cyhalothrin
Demand, Cyonara
Cypermethrin
Demon Max
Deltamethrin
Enforcer, Deltagard
Esfenvalerate
Ortho Bug B Gon
Fenpropathrin
Tame
Tau-fluvalinate
Mavrik
Permethrin
Dragnet, Raid
3 CCR §6970
17 Regulated Pesticides (cont.)
Active Ingredient
Product Example
Bioallethrin
Ace Wasp/Horney Killer
S-bioallethrin
Zep Ant & Roach Spray
Phenothrin
Wasp & Hornet Killer
Prallethrin
Flying Insect Spray
Resmethrin
Black Flag Fogging Insecticide
Tetramethrin
Ortho Hornet/Wasp Killer 4
3 CCR §6970
3 CCR §6000 Definitions
(see text of regulation for complete definition)
Aquatic habitat:
bodies of water, such as lakes, reservoirs, rivers,
perennial and intermittent streams, wetlands, or ponds,
sloughs, and estuaries
Crack and Crevice Treatment:
application of small amounts of insecticide directly into
cracks and crevices in which insects hide or through
which they may enter the building
[AND]
only minimal amounts of pesticide should remain on the
surface.
3 CCR §6000
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3 CCR §6000 Definitions (cont.)
(see text of regulation for complete definition)
Impervious Surfaces:
hard surfaces, such as concrete or asphalt streets,
sidewalks, and driveways
Precipitation:
the condensation of atmospheric water vapor that falls
under gravity. Precipitation does not include mist or fog.
Spot Treatment:
application to limited areas ≤ 2 sq. ft. on which pests are
likely to occur or have been located during the process of
monitoring or inspection.
3 CCR §6000
44
Surface Water Protection
I. Applications to soft surfaces
II. Applications to hard horizontal
surfaces, or doors and windows
III. Applications to vertical surfaces other
than doors and windows
IV. Prohibited applications
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I. Applications to soft surfaces
(soil, mulch, gravel, lawn, groundcover)
Limited to four options:
(1) Spot treatments; or
(2) Pin stream treatments of 1” wide or
less; or
(3) Perimeter band treatments < 3 feet
outward from the base of a building*; or
* DPR reg more restrictive than U.S. EPA label (no label restriction)
3 CCR §6970 (a) (1-3)
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I. Applications to soft surfaces
(soil surface, mulch, gravel, lawn, turf,
groundcover) cont.
(4) Broadcast treatments, but not within
2 feet of horizontal impervious
surfaces
Pin stream treatments of <1” can be
made within the 2-foot no-broadcasttreatment zone
3 CCR §6970 (a) (4)
I. Applications to soft surfaces
(soil surface, mulch, gravel, lawn, turf,
groundcover) cont.
• Broadcast preconstruction termiticide
treatments done prior to precipitation…
Site must be covered w/waterproof covering
OR concrete slab must be poured over treated
soil. [and see slide # 27]
3 CCR §6970 (a) (5)
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I. Applications to soft surfaces
(soil surface, mulch, gravel, lawn, turf,
groundcover) cont.
• Regardless of the application method, if you
apply a granular pesticide, any granules must
be swept that land on horizontal impervious
surfaces back onto treatment site
3 CCR §6970 (d)
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II. Applications to horizontal
impervious surfaces, or to doors
and, windows
Limited to:
(1) Spot treatment
(2) Crack and crevice
(3) Pin stream of 1 inch or less
3 CCR §6970 (b) (1-3)
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III. Applications to vertical surfaces
other than doors, or windows
Limited to:
(1) Spot treatments
(2) Crack and crevice
(3) Pin stream of 1 inch or less
(4) Perimeter band treatment up to a
max. of 2 feet above grade level*
* DPR reg more restrictive than U.S. EPA label (3 feet above grade level)
3 CCR §6970 (c) (1-4)
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IV. Prohibited Applications
• No applications during rainfall
(except those to the underside of eaves)
3 CCR §6970 (e) (1)
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IV. Prohibited Applications (cont.)
• No applications to any horizontal
surface (including the soil surface,
mulch, gravel, lawn, turf, groundcover,
or horizontal impervious surfaces) with
standing water, including puddles
3 CCR §6970 (e) (2)
53
IV. Prohibited Applications (cont.)
No applications to sewer or storm drains or
curbside gutters
3 CCR §6970 (e) (3)
54
IV. Prohibited Applications (cont.)
• No applications to constructed drainage
systems that drain to a sewer/storm
drain, curbside gutter, or aquatic habitat
3 CCR §6970 (e) (4)
55
IV. Prohibited Applications (cont.)
Constructed Drainage Systems
Visible drainage grate connected to drain pipe
3 CCR §6970 (e) (4) (A)
56
IV. Prohibited Applications (cont.)
Constructed Drainage Systems
Visible french drain, landscaped dry river bed,
swale or trench filled with gravel or rock
3 CCR §6970 (e) (4) (B)
57
IV. Prohibited Applications (cont.)
No applications to any horizontal surface
(soil, turf, etc., or impervious or
preconstruction) within 25 feet of aquatic
habitat located downgradient from the
application site
3 CCR §6970 (e) (5)
58
IV. Prohibited Applications (cont.)
No applications to a preconstruction
termiticide site within 10 feet of a storm
drain located downgradient from the
application
3 CCR §6970 (e) (6)
59
IV. Prohibited Applications (cont.)
No applications to plants/trees/shrubs
if standing water in dripline or “perimeter”
area of those plants
3 CCR §6970 (f)
60
Exempt Applications
• Injections into soil or structural
materials (concrete, wood)
3 CCR §6972 (a)
61
Exempt Applications (cont.)
• Post-construction
rod / trench termiticide apps
3 CCR §6972 (b)
62
Exempt Applications (cont.)
• Apps to below-ground insect nests
made of mud or paper comb
3 CCR §6972 (c)
63
Exempt Applications (cont.)
• Applications of baits to weather–proof
bait stations
or as “gel baits”
3 CCR §6972 (d)
Exempt Applications (cont.)
• Applications to receiving waters for
which an NPDES* permit has been
issued for pesticide discharges to
waters of the U.S. from spray
applications and vector control
applications
*NPDES = National Pollutant Discharge Elimination System
3 CCR §6972 (e)
65
Exempt Applications (cont.)
• Applications to the underside of eaves
3 CCR §6972 (f)
66
Exempt Applications (cont.)
• Fogger or aerosol applications
3 CCR §6972 (g)
67
Solving The Puzzle…
When Do These Regs Apply?
To help you in the field:
Questions to ask about the application
 Is the pyrethroid listed?
 Is the application listed as exempt in 3 CCR §6972?
 Is the application method listed in the
surface water regs?
 Is the use site listed?
 Is the treatment site adjacent to a “problem” area?
 Is the surface area type listed? (soil, lawn, concrete)
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