California Department of Pesticide Regulation modifies notifications

On July 2, 2024, the California Department of Pesticide Regulation (DPR) announced the issuance of a modification to its proposed pesticide application notification regulation. The DPR states that the regulation will support the statewide implementation of what it describes as a “first-of-its-kind” system that will provide the public with advance notice of intended uses of “limited composition pesticides” used in agriculture. The DPR originally proposed the regulation on November 3, 2023. The DPR is seeking comments on the proposed modifications during a 30-day public comment period. Comments are due by August 1, 2024and may be submitted through DPR’s Public Comment Portal, by mail, or by email to [email protected]. Two hearings were held on July 12 and 15, 2024, and a third is scheduled for July 23, 2024, to gather comment on the proposed changes to the notice regulation.

DPR says it intends to implement a statewide pesticide notification system first quarter 2025.

Background

DPR began developing a statewide pesticide application notification system in 2021. DPR conducted several webinars and workshops throughout 2021-2023, in addition to public consultation periods. DPR also conducted a small-group beta test of the proposed statewide notification system in Tulare County from October 2023 to February 2024, which it called “SprayDays California.”

DPR’s final plan is to support statewide implementation of the notification system by requiring electronic submission of select information from Notices of Intent (NOI) for permitted applications to DPR and then requiring DPR to make the information received publicly available. NOIs are required prior to permitted use of a “restricted material pesticide,” which DPR describes as “a highly regulated category of pesticide that has a greater potential than other pesticides to harm humans, animals, the environment, or other crops.” NOIs, which are part of the state’s restricted material permitting process, are currently submitted and must be approved by the county’s local agriculture commissioner before a restricted material pesticide can be used. If implemented as currently proposed, DPR would be required to provide the information 48 hours prior to the planned start of soil fumigation and 24 hours prior to the planned start of all other permit-required uses of restricted material.

Other elements of the statewide notification system design on which DPR sought comment include:

• Pesticide use information (available through your state’s restricted materials permitting process), including:
  • Product name and chemical ingredient,
  • Direct link to product label,
  • Intended application method,
  • Planned date and period in which the application may be submitted,
  • The scale of the application and
  • Background and information on how pesticides are regulated and evaluated in California to protect people and the environment, including, in particular, how restricted formulation pesticides are regulated;
• Anonymous search functionality allowing users to search for pesticide use information without providing personal information;
• A subscription feature that allows users to receive email and text message notifications when an application is scheduled to be carried out near a specific address; users can sign up to receive this information for multiple addresses;
• Information available in Spanish and English;
• A public website and visual mapping tool, easy to use on mobile devices;
• User-centric design with graphic and visual content;
• Community health information and resources for more data on pesticide safety and health effects from pesticide exposure, including the phone number for the National Pesticide Information Center, which provides information on potential health risks from pesticide exposure.

The system will not indicate the exact location of the pesticide application, but will instead provide a location within one square mile of the application using standard Public Land Survey System data. The Public Land Survey System one square mile location is the only location information that is consistently used in the restricted materials permitting process across all California counties.

Suggested modifications

DPR says its proposed changes were made after an initial public comment period of 70 days, starting in November 2023, that included three regulatory hearings.

Specifically, DPR proposes the following actions:

• Adding a new requirement for the DPR to reassess and review the system, including: (1) providing an annual update on the status of the system and process and any changes for three years; (2) seeking comment on the status update from the Department’s Environmental Justice Advisory Committee, the California Department of Food and Agriculture State Board, and the public and providing them with a status update until the DPR issues a comprehensive report on the system; and (3) issuing a draft report three years after the effective date of the rule, followed by a final report on the system and process and any changes made;
• Clarification of which pesticides are restricted and subject to 24- and 48-hour reporting requirements;
• Clarification that the DPR will make publicly available the name(s) of the pesticide product(s) and the active ingredient(s); and
• Explanation of the system’s effective date.

Comment

DPR is proposing an ambitious program that has been in development for years. Now that DPR has beta tested the system and announced its intention to have the system active for first quarter 2025The DPR appears to be closer than ever to implementing this notification system. The latest proposed changes add some clarification and will require the DPR to receive feedback and a report on the implementation of the system, but do not address any broader issues such as the scope of the system or the feasibility and clarity of the notifications.

More details and the proposed amended version of the regulation can be found here.