Cal. Code Regs. tit. 3 § 6447.2

Current through Register 2024 Notice Reg. No. 45, November 8, 2024

Section 6447.2 - Methyl Bromide Field Fumigation Buffer Zone Requirements

(a) The commissioner shall set buffer zone sizes and durations based upon local conditions. The commissioner may not allow a buffer zone that is smaller or a duration that is less in permit conditions than those listed in Methyl Bromide Field Fumigation Buffer Zone Determination, Rev. 3/10, hereby incorporated by reference.

(b) Two buffer zones, an inner and outer for each application block, shall be approved by the commissioner after the proposed work site plan is submitted.

(c) Inner Buffer Zone Restrictions.

(1) The inner buffer zone must be at least 30 feet.

(2) The operator of the property to be treated shall assure that no persons are allowed within the inner buffer zone except to transit on public and private roadways by vehicles or bicycles or to perform fumigation-handling activities.

(3) The inner buffer zone must not extend into adjoining property except as provided below:

(A) The inner buffer zone may extend into adjoining agricultural property if the adjoining property operator gives written permission and allows the operator of the property to be treated to post the inner buffer zone boundary on the adjoining property with signs. If such written permission is given, the operator of the property to be treated shall assure that:

1. the inner buffer zone boundaries on the adjoining property are posted with signs while the buffer zone is in effect; and

2. the signs are posted with wording criteria in accordance with the label; and

3. the signs are posted at intervals not exceeding 200 feet.

(B) With approval from the commissioner, the inner buffer zone may extend across sites only where transit activities may occur, including streets, roads, roads within agricultural property, and highways. Written permission and posting requirements in 6447.2 (c)(3)(A) shall not apply.

(d) Outer Buffer Zone Restrictions.

(1) The outer buffer zone must be at least 60 feet.

(2) The operator of the property to be treated shall assure that no persons are allowed within the outer buffer zone except to transit on public and private roadways by vehicles or bicycles, perform fumigation-handling activities, and commissioner-approved activities as identified in the restricted materials permit conditions. In no instance shall persons be allowed within the outer buffer zone for more than 12 hours in a 24-hour period.

(3) The outer buffer zone may extend into other properties with written permission from the operators of these other properties. In no instances shall the outer buffer zone contain occupied residences or buildings, or occupied onsite employee housing while the outer buffer zone is in effect. The outer buffer zone must not extend into properties that contain schools, convalescent homes, hospitals, or other similar sites determined by the commissioner.

(4) The outer buffer zone may extend across roads, highways, or sites approved by the commissioner.

(e) The operator of the property to be treated shall assure that the operator of the other properties specified in (c)(3)(A) and (d)(3) above, notify the following persons that a buffer zone(s) has been established on the property: onsite employees, including those of a licensed pest control business or farm labor contractor. The notice to employees must be given prior to the commencement of the employee's work activity. Notification to farm labor contractor employees may be done by giving written notice to the farm labor contractor who shall then give the notice to the employee. Employee notification must be in a manner the employee can understand, and include information required in section 6447.1(b)(2).

(f) The operator of the property to be treated shall assure that specific notification of the date and time of the start of the fumigation and anticipated expiration of buffer zones is provided to the other property operator, if the operator of the other property is required to notify his/her employees as specified in (e). This specific fumigation notification must be provided to the other property operator at least 48 hours prior to starting the fumigation. If the fumigation of an application block does not commence within the time frame specified in 6447.1(a)(2), then a new notification must be provided to the other property operator specified in (c)(3)(A) and (d)(3), but the 48-hour requirement shall not apply unless required by the commissioner.

(g) No fumigant application with an outer buffer zone greater than 300 feet is permitted within 1/4 mile of a school property unless the school is scheduled to be unoccupied during the application period and for 36 hours thereafter.

Cal. Code Regs. Tit. 3, § 6447.2

1. Renumbering of former section 6450.2 to new section 6447.2, including amendment of subsections (e)(3)(B), (g) and (h), filed 1-25-2008; operative 1-25-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 4).
2. Editorial correction restoring inadvertently omitted subsections (e)-(e)(2) (Register 2008, No. 11).
3. Amendment of subsection (a) filed 10-27-2010; operative 11-26-2010 (Register 2010, No. 44).
4. Amendment filed 2-17-2016; operative 4-1-2016 (Register 2016, No. 8).

Note: Authority cited: Sections 11456, 12976, 12981, 14005 and 14102, Food and Agricultural Code. Reference: Sections 11501, 12981, 14006 and 14102, Food and Agricultural Code.