Statutes, codes, and regulations
California Code Of Regulations
Title 3 - Food and AgricultureDivision 6 - Pesticides and Pest Control OperationsChapter 2 - PesticidesSubchapter 4 - Restricted Materials
Article 1 - Restricted Materials
Section 6400 - Restricted Materials

Cal. Code Regs. tit. 3 § 6400

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Current through Register 2024 Notice Reg. No. 17, April 26, 2024
Section 6400 - Restricted Materials

The Director designates the pesticides listed in this section as restricted materials.

(a) Any pesticide labeled as a "restricted use pesticide" pursuant to section 3 of the Federal Insecticide, Fungicide, and Rodenticide Act (Title 7, United States Code, section 136 a).
(b) Any pesticide used under an "emergency exemption" issued pursuant to section 18 of the Federal Insecticide, Fungicide, and Rodenticide Act (Title 7, United States Code, section 136 p).
(c) Pesticides formulated as a dust, labeled to permit outdoor use, and packaged in containers of more than 25 pounds, except:
(1) products containing only exempt materials specified in section 6402; and
(2) products containing only disulfoton, endosulfan, lindane, strychnine, zinc phosphide or an active ingredient not otherwise included in this section, and labeled only for one or more of the following uses: home use, structural pest control, industrial use, institutional use, and use by public agency vector control districts pursuant to section 116180 of the Health and Safety Code.
(d) Pesticide products containing active ingredients listed in section 6800(a) (potential to pollute ground water), when labeled for agricultural, outdoor institutional, or outdoor industrial use.
(e) Certain other pesticides:

Acrolein, when labeled for use as an aquatic herbicide

Aldicarb (Temik)

Aluminum phosphide (Phostoxin)

4-Amino pyridine (Avitrol)

Azinphos-methyl (Guthion)

Brodifacoum

Bromadiolone

Calcium cyanide

Carbaryl (Sevin), except when formulated as a bait and labeled only for the production of agricultural plant commodities

Carbofuran (Furadan)

Chloropicrin

3-Chloro-p-toluidine hydrochloride (Starlicide)

Chlorpyrifos, when labeled for the production of an agricultural commodity

Dazomet (Basamid), when labeled for the production of agricultural plant commodities.

Dicamba (Banvel), except:

(1) liquid formulations packaged in containers of 1 quart or less regardless of percentage of dicamba;
(2) liquid formulations that contain 15% or less dicamba packaged in containers of 1 gallon or less;
(3) liquid formulations of a product that is labeled to be used without further dilution;
(4) dry formulations, packaged in containers of 1 pound or less, of a product that is labeled to be further diluted for use; and
(5) dry formulations, packaged in containers of 50 pounds or less, of a product that contains 10% or less dicamba and is labeled to be used without further dilution.

2,4-dichlorophenoxyacetic acid (2,4-D), except:

(1) liquid formulations, packaged in containers of 1 quart or less, regardless of percentage of 2,4-D;
(2) liquid formulations that contain 15% or less 2,4-D packaged in containers of 1 gallon or less;
(3) liquid formulations of a product that is labeled to be used without further dilution;
(4) dry formulations, packaged in containers of 1 pound or less, regardless of percentage of 2,4-D;
(5) dry formulations, packaged in containers of 50 pounds or less, of a product that contains 10% or less 2,4-D and is labeled to be used without further dilution; and
(6) products labeled only for use as a plant growth regulator.

2,4-dichlorophenoxybutyric acid (2,4-DB), except:

(1) liquid formulations, packaged in containers of 1 quart or less, regardless of percentage of 2,4-DB;
(2) liquid formulations that contain 15% or less 2,4-DB packaged in containers of one gallon or less;
(3) liquid formulations of a product that is labeled to be used without further dilution;
(4) dry formulations, packaged in containers of 1 pound or less, regardless of percentage of 2,4-DB; and
(5) dry formulations, packaged in containers of 50 pounds or less, of a product that contains 10% or less 2,4-DB and is labeled to be used without further dilution.

2,4-dichlorophenoxypropionic acid (2,4-DP), except:

(1) liquid formulations, packaged in containers of 1 quart or less, regardless of percentage of 2,4-DP;
(2) liquid formulations that contain 15% or less 2,4-DP packaged in containers of 1 gallon or less;
(3) liquid formulations of a product that is labeled to be used without further dilution;
(4) dry formulations, packaged in containers of 1 pound or less, regardless of percentage of 2,4-DP;
(5) dry formulations, packaged in containers of 50 pounds or less, of a product that contains 10% or less 2,4-DP and is labeled to be used without further dilution.

1,3-Dichloropropene (Telone II)

Difenacoum

Difethialone

Disulfoton (Di-Syston), except when labeled only for one or more of the following uses: home use, structural pest control, industrial use, institutional use, and use by public agency vector control districts pursuant to section 116180 of the Health and Safety Code.

Endosulfan (Thiodan), except when labeled only for one or more of the following uses: home use, structural pest control, industrial use, institutional use, and use by public agency vector control districts pursuant to section 116180 of the Health and Safety Code.

Ethoprop (Mocap), when labeled for turf use.

Fenamiphos (Nemacur)

Lindane, except when labeled only for one or more of the following uses: home use, structural pest control, industrial use, institutional use, and use by public agency vector control districts pursuant to section 116180 of the Health and Safety Code.

Magnesium Phosphide

Metam sodium labeled for the production of agricultural plant commodities

Methamidophos (Monitor)

Methidathion (Supracide)

Methomyl (Lannate), except fly baits containing not more than 1% methomyl

Methyl bromide

2-methyl-4-chlorophenoxyacetic acid (MCPA), except:

(1) liquid formulations packaged in containers of 1 quart or less regardless of percentage of MCPA;
(2) liquid formulations that contain 15% or less MCPA packaged in containers of 1 gallon or less;
(3) liquid formulations of a product that is to be used without further dilution;
(4) dry formulations, packaged in containers of 1 pound or less, regardless of percentage of MCPA; and
(5) dry formulations, packaged in containers of 50 pounds or less, of a product that contains less than 10% MCPA and is labeled to be used without further dilution.

Methyl Iodide--unregistered

Methyl isothiocyanate (MITC) labeled for the production of agricultural plant commodities

Mevinphos (Phosdrin)

Molinate (Ordram)--unregistered

Oxydemeton-methyl (Metasystox-R)

Paraquat (Gramoxone)

Parathion-methyl

Phorate (Thimet)

Phosphine Gas

Potassium N-methyldithiocarbamate (metam-potassium), when labeled for the production of agricultural plant commodities.

Propanil (3,4-dichloropropionanilide)

Sodium cyanide

Sodium fluoroacetate (compound 1080)

Sodium tetrathiocarbonate (Enzone)

Strychnine, except rodenticides when labeled only for one or more of the following uses: home use, structural pest control, industrial use, institutional use, and use by public agency vector control districts pursuant to section 116180 of the Health and Safety Code.

Sulfotepp

Sulfuryl Fluoride

Thiobencarb (Bolero)

Tribufos (DEF, Folex)

Tributyltin, organotin, or a tri-organotin compound formulated as an antifouling paint, coating or compound and labeled for the control of fouling organisms in an aquatic environment.

Zinc phosphide, except when labeled only for one or more of the following uses: home use, structural pest control, industrial use, institutional use, and use by public agency vector control districts pursuant to section 116180 of the Health and Safety Code.

Cal. Code Regs. Tit. 3, § 6400

1. New subsection (n)(13) filed 12-31-87 as an emergency; operative 1-1-88 (Register 88, No. 3). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 5-2-88. For prior history, see Register 87, No. 25.
2. Certificate of Compliance including amendment of subsection (n)(13) transmitted to OAL 4-5-88 and filed 5-4-88 (Register 88, No. 19).
3. Amendment of subsections (n)(10)-(n)(13) filed 5-18-88; operative 5-20-88 pursuant to Government Code section 11346.2(d) (Register 88, No. 21).
4. New subsection (n)(14) filed 10-27-88 as an emergency; operative 10-27-88 (Register 88, No. 45). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 2-24-89.
5. New subsection (n)(16) filed 12-2-88 as an emergency; operative 12-2-88 (Register 88, No. 51). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 4-4-89.
6. Relettering of subsection (p) to subsection (r) and new subsection (q) filed 1-4-89; operative 1-4-89 pursuant to Government Code section 11346.2(d) (Register 89, No. 5).
7. New subsection (n)(15) filed 2-14-89 as an emergency; operative 2-14-89 (Register 89, No. 9). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 6-14-89.
8. Readoption of subsection (n)(14) filed 2-24-89 as an emergency; operative 2-24-89 (Register 89, No. 13). A Certificate of Compliance must be transmitted to OAL by 6-26-89 or readoption will be repealed by operation of law effective 6-27-89.
9. New subsections (n)(14), (15), and (16) filed 8-10-89 as an emergency; operative 8-10-89 (Register 89, No. 19). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed by operation of law on 12-8-89.
10. Amendment of subsection (f)(3) filed 3-29-90 as an emergency; operative 3-29-90 (Register 90, No. 16). A Certificate of Compliance must be transmitted to OAL within 120 days, by 7-27-90, or emergency language is repealed by operation of law.
11. A Certificate of Compliance as to 3-29-90 order transmitted to OAL 7-24-90 and filed 8-23-90 (Register 90, No. 39).
12. Editorial correction adding previously missing HISTORY 9 and renumbering former HISTORY 9 and 10 to HISTORY 10 and 11 (Register 91, No. 19).
13. Notice of Repeal of subsections (n)(14), (15) and (16) filed 1-15-91 by operation of Government Code section 11346.1(g) (Register 91, No. 19).
14. Amendment of subsection (n)(10) filed 12-12-91; operative 1-13-92 (Register 92, No. 13).
15. New subsections (g)(10)-(11) and amendment of NOTE filed 7-5-94 as an emergency; operative 7-5-94 (Register 94, No. 27). A Certificate of Compliance must be transmitted to OAL by 11-2-94 or emergency language will be repealed by operation of law on the following day.
16. Editorial correction of HISTORY 15 (Register 94, No. 44).
17. New subsections (g)(10)-(11) and amendment of NOTE refiled 10-31-94 as an emergency; operative 10-31-94 (Register 94, No. 44). A Certificate of Compliance must be transmitted to OAL by 2-28-95 or emergency language will be repealed by operation of law on the following day.
18. New subsections (g)(10)-(11) and amendment of NOTE refiled 2-23-95 as an emergency; operative 2-23-95 (Register 95, No. 8). A Certificate of Compliance must be transmitted to OAL by 6-23-95 or emergency language will be repealed by operation of law on the following day.
19. Repealer and new section filed 5-31-95; operative 6-30-95 (Register 95, No. 22).
20. Certificate of Compliance as to 2-23-95 order including subsection relettering transmitted to OAL 5-15-95 and filed 6-27-95 (Register 95, No. 26).
21. Change without regulatory effect amending subsection (e) carbofuran entry filed 7-24-95 pursuant to section 100, title 1, California Code of Regulations (Register 95, No. 30).
22. Amendment adding exception (6) to subsection (e) -- "2,4-dichlorophenoxyacetic acid (2,4-D)" filed 1-14-97; operative 2-13-97 (Register 97, No. 3).
23. Amendment of subsection (e) adding "Dazomet" and "Potassium N-methyldithiocarbamate" filed 11-20-2000 as an emergency; operative 11-20-2000 (Register 2000, No. 47). A Certificate of Compliance must be transmitted to OAL by 3-20-2001 or emergency language will be repealed by operation of law on the following day.
24. Amendment of subsection (e) adding "Dazomet" and "Potassium N-methyldithiocarbamate" refiled 3-15-2001 as an emergency; operative 3-15-2001 (Register 2001, No. 11). A Certificate of Compliance must be transmitted to OAL by 7-13-2001 or emergency language will be repealed by operation of law on the following day.
25. Certificate of Compliance as to 3-15-2001 order transmitted to OAL 6-12-2001 and filed 7-24-2001 (Register 2001, No. 35).
26. Amendment of subsection (e) adding "Sulfuryl Fluoride" filed 4-4-2005 as an emergency; operative 4-4-2005 (Register 2005, No. 14). A Certificate of Compliance must be transmitted to OAL by 8-2-2005 or emergency language will be repealed by operation of law on the following day.
27. Amendment of subsection (e) adding "Sulfuryl Fluoride" refiled 7-21-2005 as an emergency; operative 8-2-2005 (Register 2005, No. 29). A Certificate of Compliance must be transmitted to OAL by 11-30-2005 or emergency language will be repealed by operation of law on the following day.
28. Certificate of Compliance as to 7-21-2005 order transmitted to OAL 10-31-2005 and filed 12-15-2005 (Register 2005, No. 50).
29. Amendment of subsection (e) filed 1-25-2008; operative 1-25-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 4).
30. Amendment of subsection (e) adding "Magnesium Phosphide" and "Phosphine Gas" filed 11-20-2008; operative 12-20-2008 (Register 2008, No. 47).
31. Change without regulatory effect amending subsections (c)(2) and (e) filed 8-26-2009 pursuant to section 100, title 1, California Code of Regulations (Register 2009, No. 35).
32. Amendment of subsection (e) filed 12-20-2010 as an emergency; operative 12-20-2010 (Register 2010, No. 52). A Certificate of Compliance must be transmitted to OAL by 6-20-2011 or emergency language will be repealed by operation of law on the following day.
33. Certificate of Compliance as to 12-20-2010 order transmitted to OAL 4-26-2011 and filed 5-11-2011 (Register 2011, No. 19).
34. Change without regulatory effect amending subsection (e) filed 11-10-2011 pursuant to section 100, title 1, California Code of Regulations (Register 2011, No. 45).
35. Amendment of subsection (e) filed 3-18-2014; operative 7-1-2014 (Register 2014, No. 12).
36. Change without regulatory effect amending subsection (e) filed 8-6-2014 pursuant to section 100, title 1, California Code of Regulations (Register 2014, No. 32).
37. Amendment of subsection (e) filed 5-6-2015; operative 7-1-2015 (Register 2015, No. 19).
38. Amendment of subsections (c)(2) and (e) and repealer of subsections (e)(1)-(2) filed 4-6-2020; operative 8-1-2020 (Register 2020, No. 15).

Note: Authority cited: Sections 14004.5 and 14005, Food and Agricultural Code. Reference: Sections 14004.5 and 14005, Food and Agricultural Code.

1. New subsection (n)(13) filed 12-31-87 as an emergency; operative 1-1-88 (Register 88, No. 3). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 5-2-88. For prior history, see Register 87, No. 25.
2. Certificate of Compliance including amendment of subsection (n)(13) transmitted to OAL 4-5-88 and filed 5-4-88 (Register 88, No. 19).
3. Amendment of subsections (n)(10)-(n)(13) filed 5-18-88; operative 5-20-88 pursuant to Government Code section 11346.2(d) (Register 88, No. 21).
4. New subsection (n)(14) filed 10-27-88 as an emergency; operative 10-27-88 (Register 88, No. 45). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 2-24-89.
5. New subsection (n)(16) filed 12-2-88 as an emergency; operative 12-2-88 (Register 88, No. 51). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 4-4-89.
6. Relettering of subsection (p) to subsection (r) and new subsection (q) filed 1-4-89; operative 1-4-89 pursuant to Government Code section 11346.2(d) (Register 89, No. 5).
7. New subsection (n)(15) filed 2-14-89 as an emergency; operative 2-14-89 (Register 89, No. 9). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 6-14-89.
8. Readoption of subsection (n)(14) filed 2-24-89 as an emergency; operative 2-24-89 (Register 89, No. 13). A Certificate of Compliance must be transmitted to OAL by 6-26-89 or readoption will be repealed by operation of law effective 6-27-89.
9. New subsections (n)(14), (15), and (16) filed 8-10-89 as an emergency; operative 8-10-89 (Register 89, No. 19). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed by operation of law on 12-8-89.
10. Amendment of subsection (f)(3) filed 3-29-90 as an emergency; operative 3-29-90 (Register 90, No. 16). A Certificate of Compliance must be transmitted to OAL within 120 days, by 7-27-90, or emergency language is repealed by operation of law.
11. A Certificate of Compliance as to 3-29-90 order transmitted to OAL 7-24-90 and filed 8-23-90 (Register 90, No. 39).
12. Editorial correction adding previously missing HISTORY 9 and renumbering former HISTORY 9 and 10 to HISTORY 10 and 11 (Register 91, No. 19).
13. Notice of Repeal of subsections (n)(14), (15) and (16) filed 1-15-91 by operation of Government Code section 11346.1(g) (Register 91, No. 19).
14. Amendment of subsection (n)(10) filed 12-12-91; operative 1-13-92 (Register 92, No. 13).
15. New subsections (g)(10)-(11) and amendment of Note filed 7-5-94 as an emergency; operative 7-5-94 (Register 94, No. 27). A Certificate of Compliance must be transmitted to OAL by 11-2-94 or emergency language will be repealed by operation of law on the following day.
16. Editorial correction of History 15 (Register 94, No. 44).
17. New subsections (g)(10)-(11) and amendment of Note refiled 10-31-94 as an emergency; operative 10-31-94 (Register 94, No. 44). A Certificate of Compliance must be transmitted to OAL by 2-28-95 or emergency language will be repealed by operation of law on the following day.
18. New subsections (g)(10)-(11) and amendment of Note refiled 2-23-95 as an emergency; operative 2-23-95 (Register 95, No. 8). A Certificate of Compliance must be transmitted to OAL by 6-23-95 or emergency language will be repealed by operation of law on the following day.
19. Repealer and new section filed 5-31-95; operative 6-30-95 (Register 95, No. 22).
20. Certificate of Compliance as to 2-23-95 order including subsection relettering transmitted to OAL 5-15-95 and filed 6-27-95 (Register 95, No. 26).
21. Change without regulatory effect amending subsection (e) carbofuran entry filed 7-24-95 pursuant to section 100, title 1, California Code of Regulations (Register 95, No. 30).
22. Amendment adding exception (6) to subsection (e) - "2,4-dichlorophenoxyacetic acid (2,4-D)" filed 1-14-97; operative 2-13-97 (Register 97, No. 3).
23. Amendment of subsection (e) adding "Dazomet" and "Potassium N-methyldithiocarbamate" filed 11-20-2000 as an emergency; operative 11-20-2000 (Register 2000, No. 47). A Certificate of Compliance must be transmitted to OAL by 3-20-2001 or emergency language will be repealed by operation of law on the following day.
24. Amendment of subsection (e) adding "Dazomet" and "Potassium N-methyldithiocarbamate" refiled 3-15-2001 as an emergency; operative 3-15-2001 (Register 2001, No. 11). A Certificate of Compliance must be transmitted to OAL by 7-13-2001 or emergency language will be repealed by operation of law on the following day.
25. Certificate of Compliance as to 3-15-2001 order transmitted to OAL 6-12-2001 and filed 7-24-2001 (Register 2001, No. 35).
26. Amendment of subsection (e) adding "Sulfuryl Fluoride" filed 4-4-2005 as an emergency; operative 4-4-2005 (Register 2005, No. 14). A Certificate of Compliance must be transmitted to OAL by 8-2-2005 or emergency language will be repealed by operation of law on the following day.
27. Amendment of subsection (e) adding "Sulfuryl Fluoride" refiled 7-21-2005 as an emergency; operative 8-2-2005 (Register 2005, No. 29). A Certificate of Compliance must be transmitted to OAL by 11-30-2005 or emergency language will be repealed by operation of law on the following day.
28. Certificate of Compliance as to 7-21-2005 order transmitted to OAL 10-31-2005 and filed 12-15-2005 (Register 2005, No. 50).
29. Amendment of subsection (e) filed 1-25-2008; operative 1-25-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 4).
30. Amendment of subsection (e) adding "Magnesium Phosphide" and "Phosphine Gas" filed 11-20-2008; operative 12-20-2008 (Register 2008, No. 47).
31. Change without regulatory effect amending subsections (c)(2) and (e) filed 8-26-2009 pursuant to section 100, title 1, California Code of Regulations (Register 2009, No. 35).
32. Amendment of subsection (e) filed 12-20-2010 as an emergency; operative 12-20-2010 (Register 2010, No. 52). A Certificate of Compliance must be transmitted to OAL by 6-20-2011 or emergency language will be repealed by operation of law on the following day.
33. Certificate of Compliance as to 12-20-2010 order transmitted to OAL 4-26-2011 and filed 5-11-2011 (Register 2011, No. 19).
34. Change without regulatory effect amending subsection (e) filed 11-10-2011 pursuant to section 100, title 1, California Code of Regulations (Register 2011, No. 45).
35. Amendment of subsection (e) filed 3-18-2014; operative 7-1-2014 (Register 2014, No. 12).
36. Change without regulatory effect amending subsection (e) filed 8-6-2014 pursuant to section 100, title 1, California Code of Regulations (Register 2014, No. 32).
37. Amendment of subsection (e) filed 5-6-2015; operative 7/1/2015 (Register 2015, No. 19).
38. Amendment of subsections (c)(2) and (e) and repealer of subsections (e)(1)-(2) filed 4-6-2020; operative 8/1/2020 (Register 2020, No. 15).