California Department of Pesticide Regulation Sidney Bastura Department of Pesticide Regulation Enforcement Branch

DPR: Lead Agency for Pesticides California Department of Pesticide Regulation (DPR) is part of the California Environmental Protection Agency Our mission: To protect human health and the environment by regulating pesticide sales and use, and by fostering reduced-risk pest management Of all the U.S. states, California has the most comprehensive state pesticide regulatory program. The Enforcement Branch has Three Basic Functions Pesticide Use Enforcement Food Safety Monitoring Product Compliance

What is a pesticide?? “Pesticide” includes any of the following: (a) Any spray adjuvant. (b) Any substance, or mixture of substances which is intended to be used for defoliating plants, regulating plant growth, or for preventing, destroying, repelling, or mitigating any pest, as defined in Section 12754.5 (Pest)), which may infest or be detrimental to vegetation, man, animals, or households, or be present in any agricultural or nonagricultural environment whatsoever.

Pesticides Include:

Shared Authority U.S. EPA DPR CAC’s FIFRA delegates primary enforcement authority to states (Federal Insecticide, Fungicide, and Rodenticide Act) DIR SPCB Fish & Game CDFA MOU’s DPR FAC 2281 FAC 11501.5 FAC 12977 FAC 12982 FAC 14004.5 FAC 15201 Cooperative Agreement* between U.S. EPA, DPR, and CACASA (County Agricultural Commissioners and Sealers Assoc.) CAC’s * View online at http://www.cdpr.ca.gov/docs/enforce/enf_auth.htm

DPR’s Program Enforcement Pest Management and Licensing Human Health Assessment Environmental Monitoring Worker Health and Safety Pesticide Registration Structural Pest Control Board

Enforcement Headquarters Office Three Regional Offices West Sacramento Clovis Anaheim Use enforcement implemented by 55 County Agricultural Commissioners (CAC) Our Enforcement authority is handed down to us from U.S. EPA. In which we delegate authority to our Local Enforcement partners the County Agricultural Commissioners.

Functions Within Enforcement Oversight of CAC Pesticide Use Enforcement Food Safety Product Compliance

CAC Pesticide Use Enforcement CAC activities: Issue permits for restricted-use agricultural pesticides; Facilitate and enforce pesticide use reporting Conduct inspections and investigations to protect worker safety; and Take enforcement action when violations are found. The CAC’s perform the following activities in their Counties: Issue Restricted material permits Conduct Inspections or investigations for both agricuture and urban settings Monitoring use of pesticides in non-agricultural settings, including sanitizers in municipal water treatment plants, and disinfectants in food service facilities and hospitals. Take enforcement actions And ensure Pesticide Use reporting.

CAC Pesticide Use Enforcement Inspection Types: Pre-Application Site Evaluation Pesticide Applications Agriculture Structural Here are some examples of the different types of inspections the CAC’s conduct.

Types of Inspections Pre-application Site Inspection Fieldworker Safety Inspections Pesticide Use Monitoring Inspections Structural Inspections Pest Control Business and Owner/Operator Records Review

Enforcement Investigations CAC’s and DPR will conduct various investigations from: Illness investigations Drift Investigation wildlife kill investigations Accident investigations To improper application of a pesticide investigations

Pesticide Use Enforcement DPR oversees and directs CAC activities: Develop work plans Inspection/investigation training Compliance and enforcement response Program evaluations DPR Enforcement is a oversight agency over the the CAC’s So we have 30 staff the act as liaisons between the Department and the CAC’s Those staff members will develop work plans with the CAC conduct oversight inspections ensure that CAC’s are following and enforcing laws and regulations and they will conduct evaluations of the CAC’s Program

DPR Oversight Inspections

Sacramento County Agricultural Commissioner Top Commodities of 2017 Grapes Pears Nursery Stock Hay Corn Cherries

Sacramento County Agricultural Commissioner In 2016, approximately 180,000 acres of urban land

Sacramento County Agricultural Commissioner In 2016, approximately 360,000 acres of agricultural land

Functions Within Enforcement Oversight of CAC Pesticide Use Enforcement Food Safety Product Compliance

Enforcement – Food Safety Food Safety Program – Ensure pesticide residues on raw produce are in compliance with U.S. EPA tolerances Samples collected “throughout the channels of trade”: Wholesale and retail outlets Distribution centers Farmers’ markets The second aspect of the DPR enforcement program is our food safety program. We do this to insure that RAW commodities are in compliance with established food tolerances We collect about 3500 samples each year that are analyzed by the California Department of Food Agriculture Laboratory. About 2-4% of the samples being not in compliance. IF a commodity is found to not be in compliance the Department will trace the commodity back to its point of entry into the state or where it is grown in California. If it is a foreign commodity we can penalize the responsible party who brought the commodity into the state, Or if it is produced in California then we will penalize the farmer.

Residues and Tolerances Residue = actual amount of pesticide detected Tolerance = maximum amount of residue allowed (most countries call “MRL”) Tolerances are set by U.S. EPA and published in the Code of Federal Regulations (title 40, part 180) U.S. EPA establishes a tolerance for a particular pesticide on a particular food crop before California approves the use of that pesticide on that crop. Before I move on I want to define a couple terms first ‘residue’….

Residues and Tolerances US EPA tolerances are established based on the toxicity of the pesticide, how much and how often the pesticide is applied and how much of the pesticide remains in or on the commodity. Pesticide Residue Monitoring Program (CPRMP) enforces U.S. EPA tolerances. In 2017, DPR imposed $208,000 in civil penalties against five produce companies with a history of recurring illegal pesticide residue violations. CPRMP to prevent “public exposure to illegal pesticide residues” (California Food and Agricultural Code section 12532)

What do we test? We test “produce” in its raw or natural state intended for consumer use without any or further processing.

Commodity Criteria Highly Consumed by Infants & Children Select commodities and sampling sites to reflect differences in consumption patterns among ethnic and socioeconomic groups. Recent history of illegal residues Commodities known to use pesticides which may cause cancer or birth defects. The Residue Monitoring program Monitors pesticide residues in fresh produce, WITH EMPHASIS ON produce

DPR Staff Collect Samples “throughout the channels of trade” Retail Outlets Wholesale Where does DPR collect samples?

DPR Staff Collect Samples Distribution Centers

DPR Staff Collect Samples Farmers’ Markets Roadside Bodegas

DPR contracts with the California Department of Food & Agriculture to analyze ~3600 samples yearly

Pesticide Residue Analysis LCMSMS and GCMSMS Screens > 400 pesticide residues detected samples are extracted and placed on the instruments.’ CDFA’s triple-quadripole mass spectrometers screen for over 400 residues on each sample

Let’s Take a Look at the Numbers! 2017

Sampling in 2017

96 % of the Produce Tested had Legal or No Residues Detected

Origins of Samples Commodities sampled originated from 28 countries 60% of the samples were domestically (U.S.) grown produce (2,208 samples) 39% of the samples were imported produce (1,428 samples) the remaining 1%, (59 samples) were of undetermined origin

Illegal Residues Origins Sacramento County: 510 samples collected 19 violations found

Functions Within Enforcement Oversight of CAC Pesticide Use Enforcement Food Safety Product Compliance

Product Compliance Program Two main goals: Marketplace equity Consumer protection

Marketplace Equity Ensure products offered for sale are registered in California Marketplace Surveillance Inspections (MSI) Producer Establishment Inspections (PEI)

Marketplace Equity Violation examples Unregistered pesticides Claims, ingredient, –OR– intent, without obtaining federal and state registration Misbranded pesticides Registered pesticide with a label that differs from the label on file with DPR Exempt pesticides Federal Insecticide, Fungicide, Rodenticide Act (FIFRA) section 152.25 California Code of Regulations Title 3. Food and Agriculture (3 CCR) section 6147

Marketplace Surveillance Inspections Sites Statewide inspections Retail and wholesale establishments Agricultural dealers Any location that may sell pesticide products Sacramento County: 47 Inspections Conducted 15 Follow Up Actions Required

Any Questions about DPR Enforcement? For more information go to: http://www.cdpr.ca.gov