Laws and Regulations Update Sue Ostrom Senior Agricultural Biologist Sonoma County Agricultural Commissioner’s Office

Enforcement Response Policy  New statewide policy regarding pesticide use enforcement  Why a new policy?  Previously each county Agricultural Commissioner was allowed to enforce the laws within a framework with compliance as their goal (some counties issued more fines, some saw education as the way to get compliance)

Enforcement Response Policy  The old policy was seen as inconsistent from county to county  The public saw many non- compliances with laws/regulations and few/low cost fines  Many high profile cases with seemingly low fines

New Laws  Proposed/passed through the state legislature to address pesticide enforcement  SB 455 (2005) –Would have given Agricultural Commissioners no discretion in determining when fines were to be issued

New Laws  SB 455 (2005) –Passed through legislature but vetoed by Governor –Enforcement Response Policy was adopted instead

New Laws The Governor directed the Department of Pesticide Regulation to put the 2005 Enforcement Response Policy into regulation The Governor directed the Department of Pesticide Regulation to put the 2005 Enforcement Response Policy into regulation The Regulations went into effect November 30, 2006

Enforcement Response Policy Goals:  Prevention and prompt investigation of pesticide use or misuse incidents  Prompt response to incidents when laws and regulations have been violated  Removal of any economic advantage or savings realized by noncompliance

Enforcement Response Policy  Goals Cont.:  Appropriate application of enforcement responses, including, but not limited to, penalties for violations with an escalation in level of enforcement for recurrent or repeat violators

Definitions  Enforcement Actions: Fines (agricultural civil penalties), revoked permits, suspended or refused registrations, referral to the District Attorney  Compliance Actions: Warning letters, Notices of Violation, inspections forms with one or more non- compliances noted or compliance interviews

Definitions Cont.  Decision report: A report written by the commissioner telling DPR why he/she chooses not to issue an enforcement action for the violation. The commissioner must have a compelling reason to forgo the enforcement action

Definitions Cont.  Repeat Violation: A violation is considered a repeat violation when the respondent has had a fine levied against them for a violation in the same class within the last two years

Class “C” Violations  Violations that do not threaten health, property, or the environment AND/OR AND/OR  Violations that are not defined by class “A” or “B” Fine range: $50-$400 First Incident: Compliance action Subsequent incident: Compliance action with decision report or enforcement action

Examples of Class “C” ($50- $400)  Failure to submit Pesticide Use Reports on time  Pesticide applications using expired Operator Identification Numbers  Finding incomplete records at headquarters inspections

Class “B” Violations  Violations that posed a reasonable possibility of creating a health or environmental effect OR  Violations that are a repeat of class “C” violations Fine range: $250-$1000 (per violation) First incident: Enforcement action or compliance action with decision report. Subsequent incident: Enforcement action

Examples of Class “B” Violations ($250-$1,000)  Employees not wearing the PPE required by state laws and regulations, and/or not provided with complete decontamination facilities  Pesticide drift that did not result in personal injuries or property damage  Applying a restricted use pesticide without a valid permit  Not training employees (applicators and fieldworkers)

Examples of Class “B” Violations ($250-$1,000)  Not locking or posting a pesticide storage area that has pesticides with the signal word “Danger” or “Warning”  Violations that repeat Class C violations  Growers/owners not wearing the PPE required by the label

Class “A” Violations  Violations that created an actual health or environmental hazard OR  Violations of a lawful order of the commissioner OR  Violations that are a repeat of Class “B” (prosecuted within the past two years) Fine range: $700-$5000 (per violation) Fine range: $700-$5000 (per violation) First Incident: Enforcement action First Incident: Enforcement action

Examples of Class “A” Violations ($700-$5,000)  Employee injuries due to lack of personal protective equipment (PPE) (i.e.: rubber gloves, eye protection, etc.) and/or decontamination facilities (i.e.: soap, water, towels, etc.)  Pesticide drift that results in personal injuries or property damage

Examples of Class “A” Violations ($700-$5,000)  Intentionally applying pesticides on commodities or sites not listed on the label  Violations that repeat Class “A” or “B” violations

How will the Changes Effect You and Our Office?  These changes will have no impact on the majority of growers, pest control businesses and other pesticide users  Less flexibility at the local level  May result in fines being proposed when they may not have been in the past

How will the Changes Effect You and Our Office?  Policy protects and promotes integrity for the regulatory process and the regulated community  Our enforcement program goal remains to obtain compliance first through education

What can You do to Stay in Compliance?  Know the rules  Lead by example  Provide supervision  Have a disciplinary policy in place  Rewards for employees?

What can You do to Stay in Compliance?  Have employees do a daily check before they begin a pesticide application or take a crew into the field to be sure they have what they need for the day

What can You do to Stay in Compliance?  Be sure your employees know who we are and that we may visit your site for a routine inspection  Contact our office if you have questions or need a clarification on a requirement

Questions?

Dormant Insecticide Restrictions

 New regulations are in effect  These regulations were adopted to address runoff from crops/other sources carrying dormant applied insecticides into waterways.

Dormant Insecticide Restrictions  What situations will the regulations mostly apply to?  Dormant applications that involve insecticides other than just dormant oil, spinosad, or Bacillus sp. on a property where there may be runoff.

Dormant Insecticide Restrictions  What is required?  A written recommendation from an Advisor.  Cannot apply within 100 feet of any sensitive aquatic site.

Dormant Insecticide Restrictions  What is required?  Wind speed shall be 3-10mph at the perimeter of the application site as measured by an anemometer on the upwind side.  Aerial applications are only allowed if it is too wet to apply by ground.

Dormant Insecticide Restrictions  No dormant insecticide application can take place if:  Soil moisture is at field capacity (any rain would cause runoff) and a storm event is forecasted by the National Oceanic and Atmospheric Administration (NOAA)/National Weather Service (NWS) is to occur within 48 hours following the application or;

Dormant Insecticide Restrictions  A storm event likely to produce runoff from the treated area is forecasted by NOAA/NWS to occur within 48 hours following the application 

Questions?