Section 6770 - Field Entry After Scheduled or Completed Pesticide Applications(a) The operator of the property shall not allow or direct employees covered under section 6700 (which includes fieldworkers) or their employers (except for those persons who were scheduled to apply the pesticide(s) or supervise the application) to enter a field on the date of the scheduled application unless the operator assures that: (1) the application has not occurred; and(2) the application will not occur during the time the employees are in the field to be treated.(b) The operator of the property shall not allow or direct employees covered under section 6700 (which includes fieldworkers) or their employer to enter a treated field until the operator has received the notice of completion as specified in section 6619(c), and the restricted entry interval has expired or the operator of the property has assured that the restrictions and exceptions pursuant to section 6770(d) have been met.(c) Any employer hired by the operator of the property shall not allow or direct any of his or her employees to enter a treated field until the employer has received confirmation from the operator of the property that the notice of completion as specified in section 6619(c) has been received, and the restricted entry interval has expired or the operator of the property has assured that the restrictions and exceptions pursuant to section 6770(d) have been met.(d) The operator of the property and any hired employer shall not allow or direct any of his or her employees to enter a treated field before the restricted entry interval stated on pesticide product labeling or listed in section 6772 has expired except as provided below or otherwise expressly authorized by the director pursuant to Title 40 Code of Federal Regulations, Part 170.603(c). (1) Pesticide handling activities. Employees may enter a treated field during a restricted entry interval to conduct pesticide handling activities, including soil incorporation (mechanical or watered-in), provided the employer assures that they are wearing the personal protective equipment specified on the pesticide product labeling for handling activities.(2) No contact activities. Employees may enter a treated field during a restricted entry interval provided the employer assures that: (A) There will be no contact with anything that has been treated, including soil, water, air, equipment, or plant surfaces.(B) Inhalation exposure does not exceed any pesticide product labeling standard or, for enclosed space, the ventilation criteria in section 6769 have been met.(3) Short-term, limited-contact activities. Employees may enter a treated field during a restricted entry interval specified on pesticide product labeling to conduct limited contact activities (including limited contact irrigation) that are necessary and unforeseen, provided the employer assures that: (A) The restricted entry interval is not for a pesticide product with the requirement on the labeling for both oral notification and the posting of treated fields (double notification);(B) At least 4 hours have elapsed since the end of the application;(C) Inhalation exposure does not exceed the applicable pesticide product labeling standard or, for enclosed space, the ventilation criteria in section 6769 have been met;(D) Exposure is minimal and limited to the feet, legs (below the knees), hands, and forearms (below the elbows);(E) The personal protective equipment required for early entry is used by the employees. The personal protective equipment and/or work clothing must conform with the label requirements for early entry PPE or consist of at least coveralls, socks, chemical resistant footwear, chemical resistant gloves, and protective eyewear (if eyewear is required by the pesticide product labeling for early entry workers), whichever is more protective;(F) The time in treated fields under a restricted entry interval does not exceed 8 hours in any 24-hour period for each employee entering under this exception; and(G) No hand labor activities are performed.(4) Short-term, high-contact activities. Employees may enter a treated field during a restricted entry interval specified on pesticide product labeling to conduct other activities, not included in (d)(1), (2), and (3) that do not involve hand labor provided the employer assures that: (A) At least 4 hours have elapsed since the end of the application;(B) Inhalation exposure does not exceed any pesticide product labeling standard or, for greenhouses, the ventilation criteria in section 6769 have been met;(C) The personal protective equipment specified on pesticide product labeling for early entry is used by the employees. The personal protective equipment and/or work clothing must either conform with the label requirements for early entry PPE; or consist of at least coveralls, socks, chemical resistant footwear, chemical resistant gloves, and protective eyewear (if eyewear is required by the pesticide product labeling for early entry workers), whichever is more protective; and(D) Entry does not exceed 1 hour in any 24-hour period for any employee.(e) Employees may enter a treated field after the expiration of the restricted entry interval specified on pesticide product labeling and while a restricted entry interval specified in section 6772 is in effect to conduct activities, other than hand labor, provided that employees are wearing work clothing with long sleeves and legs, shoes with socks, and gloves.Cal. Code Regs. Tit. 3, § 6770
1. Amendment filed 8-15-86; effective thirtieth day thereafter (Register 86, No. 34).
2. Amendment of subsections (a)-(f) and renumbering and amendment of subsection (h) to Section 6760(d) filed 9-26-88; operative 10-26-88 (Register 88, No. 41).
3. Amendment of subsections (d) and (g) filed 8-13-90; operative 8-13-90 (Register 90, No. 41).
4. Repealer and new section filed 12-31-96; operative 1-1-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 1).
5. Amendment of section heading and section filed 8-13-2009; operative 9-12-2009 (Register 2009, No. 33).
6. Amendment of subsections (d), (d)(2)(A)-(B), (d)(3)(C) and (d)(3)(G) filed 10-17-2016; operative 1-2-2017 pursuant to Government Code section 11343.4(b)(2) (Register 2016, No. 43). Note: Authority cited: Section 12981, Food and Agricultural Code. Reference: Sections 12980 and 12981, Food and Agricultural Code.
1. Amendment filed 8-15-86; effective thirtieth day thereafter (Register 86, No. 34).
2. Amendment of subsections (a)-(f) and renumbering and amendment of subsection (h) to Section 6760(d) filed 9-26-88; operative 10-26-88 (Register 88, No. 41).
3. Amendment of subsections (d) and (g) filed 8-13-90; operative 8-13-90 (Register 90, No. 41).
4. Repealer and new section filed 12-31-96; operative 1-1-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 1).
5. Amendment of section heading and section filed 8-13-2009; operative 9-12-2009 (Register 2009, No. 33).
6. Amendment of subsections (d), (d)(2)(A)-(B), (d)(3)(C) and (d)(3)(G) filed 10-17-2016; operative 1/2/2017 pursuant to Government Code section 11343.4(b)(2) (Register 2016, No. 43).