Section 6691 - Pesticide Application RestrictionsPesticide application restrictions will apply Monday through Friday, during the hours of 6:00 a.m. to 6:00 p.m., depending on the distance from the treated area to a schoolsite, the application equipment used, and type of pesticide applied. The type of pesticide is not the product formulation but the final form applied (e.g., if a powder is mixed with water and then applied, this is considered a liquid application). During these time periods, the operator of the property and the applicator shall assure that an application is not made within the distance of the schoolsite as specified below.
(a) There must be a minimum 1/4 mile distance restriction for applications using a: (2) Airblast sprayer or other ground application equipment with a pump that delivers spray into an air stream created by a fan.(3) Sprinkler chemigation equipment.(4) Dust or powder except as provided in subsection (c)(3).(b) There must be a minimum 25 foot distance restriction when using a:(1) Ground-rig sprayer. However, if this type of equipment is used to apply a dust, powder, or fumigant, the 1/4 mile distance restriction in subsection (a) applies.(2) Field soil injection equipment. However, if this type of equipment is used to apply a fumigant, the 1/4 mile distance restriction in subsection (a) applies; or if used to apply a dust or powder, there is no minimum distance restriction.(3) Other application equipment not identified in this section, such as drip or flood chemigation equipment. However, if this type of equipment is used to apply dust, powder, or fumigant, the 1/4 mile distance restriction in subsection (a) applies.(c) Notwithstanding subsections (a) and (b), there is no distance restriction when: (1) the application is made within an enclosed space, such as a greenhouse. However, when applying a fumigant, the 1/4 mile distance restriction in subsection (a) applies.(2) the application is made using bait stations.(3) a pesticide is applied as a dust or powder using field soil injection equipment.(4) a pesticide is applied as a granule, flake, or pellet. However, when the pesticide product formulation is applied as a fumigant, or applied by aircraft, the 1/4 mile distance restriction in subsection (a) applies.(5) an application is made using a backpack sprayer. However, when this type of equipment incorporates an airblast sprayer or is used to apply a dust or powder, the 1/4 mile distance restriction in subsection (a) applies.(6) an application is made using a hand pump sprayer. However, when this type of equipment is used to apply a dust, powder, or fumigant, the 1/4 mile distance restriction in subsection (a) applies.(d) Notwithstanding subsections (a) and (b), there is no distance restriction when: (1) school classes are not scheduled for the day of application.(2) the child day care facility is closed during the entire day of the application.(e) In addition to the time period and distance restriction specified in subsections (a)-(c), fumigants cannot be applied when school classes are scheduled or child day care facilities are open within 36 hours following fumigation.(f) Notwithstanding subsections (a) through (c), the application restrictions do not apply when there is a written agreement between the operator of the property, the principal or child day care facility administrator, and the commissioner that specifies alternative application restrictions that the parties agree provide the same or a greater level of protection as provided by subsections (a) through (c). Any party may rescind the agreement at any time by notifying the other parties in writing. If an agreement is rescinded, then subsections (a) through (c) control. The commissioner shall enforce a written agreement for restrictions as if they were requirements in regulation.Cal. Code Regs. Tit. 3, § 6691
1. New section filed 11-7-2017; operative 1-1-2018 (Register 2017, No. 45). Note: Authority cited: Sections 11456 and 12976, Food and Agricultural Code. Reference: Sections 2281, 11501.5 and 11501, Food and Agricultural Code.
1. New section filed 11-7-2017; operative 1/1/2018 (Register 2017, No. 45).