1. PESTICIDE USE REQUIREMENTS
Good Morning! (smile )
Introduce yourself
I’m going to talk to you today about
the Requirements to use a pesticide
YnjjjjjjYvette Hilber, Agricultural Inspector/Biologist

2. Overview Pesticide Registration Process: Federal State
24(c) Special Local Need (SLN)
Today I will go over:
Federal and State registration process for pesticides
Section 24(c) (SLN)

3. Overview Exempt Products What can I use on Cannabis? - 25(b) materials
Today I will go over:
Exempt products & 25b materials
Under California Law, the only pesticide products not illegal are those that contain an active ingredient that
is exempt from residue tolerance
exempt from registration as a minimum risk pesticide under FIFRA
So what can I use???
Label that is broad enough to include use on marijuana (such as unspecified green plants)

4. Definitions Let’s first start with some definitions ….
Pesticide use definitions
the basics you must know

5. What is FIFRA?
The Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
Enacted by Congress in 1947; amended in 1972
As of 1970, administered by the Environmental Protection Agency (EPA)
FIFRA is a federal statute which provides for the federal regulation of pesticide distribution, sale, and use
Enacted by Congress in 1947 in response to the increasing use of pesticides and in 1972 the Federal Environmental Pesticide Control Act (FEPCA) amended FIFRA as did the Pesticide Registration Improvement Act of These amendments strengthened the enforcement provisions, broadened the legal emphasis on protecting health and the environment, regulated the use of pesticides, and the extended the scope of Federal law to cover intrastate registrations and streamlined the administrative appeals process. In addition, in 1972, this enabled EPA to delegate enforcement authority to states through cooperative agreements with state pesticide regulatory authorities.
Originally administered by the USDA but in 1970 when EPA was formed FIFRA was transferred from the USDA to EPA

6. What is a pesticide?
Any substance or mixture of substances intended to prevent, destroy, repel, or mitigate any pest;
People often think pesticide means insecticide. Pesticide refers to not only insecticides by other kinds of chemicals. Under state and federal law, a pesticide is any substance intended to control, destroy, repel or attract a pest. If the product makes any claim to disinfect, sterilize, kill, prevent. Then it is likely a pesticide.

7. What is a pesticide? A plant regulator,defoliant, or desiccant
In California this includes adjuvants and plant growth regulators
Pesticides also includes plant regulator, defoliants and desiccants
In addition, California also regulates adjuvants as pesticides. There are exempt from Federal licensing but must be registered in California. Adjuvants are emulsifiers, spreaders, stickers and other compounds added to improve the effectiveness of a pesticide. Adjuvants are subject to the same state regulation as federally registered pesticides including use reporting.

8. What is a pest? Any organism that is undesirable or may be harmful:
insect, rodent, nematode, fungus, weed.
Before you use a pesticide, you need to know what a pest is it is any organism that is undesirable or my be harmful. Pests can be insects, rodents (like mice and ground squirrels), unwanted plants (weeds) or microorganisms such as plant diseases, bacteria or viruses.
What may beneficial in one setting may be damaging in another

9. DEPARTMENT OF PESTICIDE REGULATION (DPR) GUIDANCE
DPR Enforcement Letter ENF-17-03
Pesticide Use on Cannabis
In January 2017 we received preliminary guidance from DPR through an enforcement letter that outlines the following:
Pesticide Registration requirements, Pesticide Use Requirements and Rodenticide Use which I’ll be going over in detail.
In addition, This DPR handout instructs us (the CAC) not to issue restricted material permits for cannabis cultivation sites and to conduct inspections to enforce worker health and safety requirements. found in California Code of Regulations, Title 3, Section 6700 (3CCR 6700) Prohibit the use of unregistered pesticides and the use of federally restricted pesticides by an unlicensed individual.

10. Pesticide Registration
Federal
The process in which the EPA examines:
the ingredients of the pesticide;
the particular site or crop where it is to be used;
the amount, frequency, and timing of its use; and
storage and disposal practices.
So how does a pesticide become registered?
The process of registering a pesticide is a scientific, legal, and administrative procedure through which the EPA examines
the ingredients of the pesticide;
the particular site or crop where it is to be used;
the amount, frequency, and timing of its use; and
storage and disposal practices.
EPA registers a pesticide if it meets FIFRA standard: (which is)
When used in accordance with widespread and commonly recognized practice, the pesticide generally will not cause unreasonable adverse effects
on human health or the environment

11. Pesticide Registration
State:
California provides a guidance document for registrants similar to EPA’s Label Review Manual.
California registration process mirrors the EPA (Federal process) California guidance includes requirements around supplemental distribution,
product names and 25(b) registration in addition to what EPA’s manual provides.
Pesticides must be registered by BOTH the EPA and DPR before they can be sold and used in California
There are currently no pesticides registered specifically for use on cannabis. Under California law, the only pesticide products for use directly on cannabis are those that contain an active ingredient that is exempt from residue tolerance and the label is broad enough to include cannabis (unspecified green plants) or exempt from registration requirements as a minimum risk pesticide

12. Special Local Needs (SLN)
Section 24(c)
Allows states to issue a SLN for a need that cannot be addressed by a currently registered product.
24(c) refers to the section in FIFRA which authorizes states to register an additional use of a federally registered pesticide product or a new end use product to meet a special local need if certain conditions exist.
IS NOT be an option at this time because??? Cannabis is considered a Scheduled 1 controlled substance therefore EPA will not accept SLN applications and Applications have been denied

13. Understanding Pesticides
All products sold in US with pesticide claims on the label
Must either be EPA registered or
Exempt from registration under “Section 25B”
Exempt from registration requirements as a minimum risk pesticide under FIFRA 25b and California Code of Regulations Title 3, Section (3CCR 6147)
Exempt from tolerance and registration

14. Exempt Products
Minimum risk pesticides that meet certain criteria are exempt from federal registration under section 25(b) of (FIFRA).
Minimum risk pesticides that meet certain criteria are exempt from federal registration under section 25(b) of FIFRA
To satisfy the conditions required for federal minimum risk status, all six of the following conditions must be met:
Overview: The product’s active and inert ingredients must be listed in regulation, all ingredients must be listed on the label, The product must not bear claims either to control or mitigate organisms that pose a threat to human health, or insects or rodents carrying specific diseases, the label must have the producers company's name and contact information and the label cannot include any false or misleading statements.

15. List of 25 (b) products
EPA List of 25(b) products which contains mostly aromatic botanical oils. For a product to qualify for exemption in California, it must meet both federal and California exemption requirements. The California criteria to qualify for exemption, products must meet the following minimum requirements: the active ingredient must be listed by name and percentage (by weight) on the label and all inert ingredients must be listed by name on the label. Both active and inert ingredients must be on the 25(b) list. Total percentage by weight must equal 100 percent. The label must not contain false or misleading statements and products must additionally meet exemption requirements listed in regulation.

16. 25 (b) products examples Cinnamon
Active ingredients exempt from registration requirements are mostly food-grade essential oils
Things like peppermint, cinnamon and rosemary

17. Pesticide Use Requirements
Before using any pesticide:
ALWAYS read the pesticide label.
Now that we’ve gone over PESTICIDE REGISTRATION and EXEMPT PRODUCTS let’s talk about pesticide use requirements …
This goes without saying but ALWAYS read the label. The label is the LAW! under FIFRA
If you apply pesticides you will need an OIN (OP ID) and submit use reports which we will be discussed, in detail, in the next presentation. Operator Identification numbers will not be issued in any area where marijuana cultivation is prohibited.
Employers must protect their workers from exposure to pesticides. State law requires that follow the label.

18. Pesticide Use Requirements
Federally Restricted Use
California Restricted Material
Pesticides can be categorized in to different ways. As a Federal Restricted Use pesticide by the US EPA or as a California Restricted Material by the DPR.
Please note that certain some pesticides can fall under both categories in California.

19. Pesticide Use Requirements
Federally Restricted Use
Pesticides recognized by EPA as too dangerous for general use
Requires a certified applicator to purchase and use
In 1972, FIFRA was amended to allow US EPA to designate certain pesticides as too dangerous for general use but still usable with proper training as a certified applicator. Thus the federal restricted use limit was created.
If you have any pesticides that bear this logo, then the material can only be applied by certified applicators or by other handlers under the direct supervision of the certified individual.

20. Pesticide Use Requirements
California system designates certain pesticides as Restricted Materials based on potential hazards
These materials require a certified applicator AND a California Restricted Materials Permit
No California Restricted Material Permits will be issued for Cannabis cultivation
In addition to US EPA created the Restricted Use designation, California also had implemented its own system to restrict the use of certain pesticides. This system introduce the Restricted Material Permit. In California, certain pesticide active ingredients are considered a California Restricted Material which requires that the applicator be certified and to have a California Restricted Material Permit in order to both purchase and apply these specific pesticides.
The complete list of these materials are available at our office.
Additionally, DPR and the CAC will not be granting any California Restricted Material Permits for any cannabis cultivation.

21. Pesticide Label Requirements
Personal protective equipment (PPE) requirements
Application method
Application Rate
The following pesticide-label requirements will be enforced:
Personal protective requirements (PPE)
The Application method used must be on the label
Application rate cannot exceed that specified for method used

22. Pesticide Label Requirements
Environmental Hazards
Restricted Entry Interval
Greenhouse Directions
In addition, you must follow the pesticide-label requirements:
for Environmental Hazards
Use the longest restricted entry interval required by the label
Follow the Greenhouse and indoor-specific-use directions

23. Pesticide Label Requirements
Danger & Warning Pesticides
LD50 of <100 mg/kg/day
While DPR urges discretion in enforcing use site restrictions generally, it will request strict enforcement of all label requirements including site restrictions for the use of any pesticides
with a high acute toxicity with the signal word danger or warning pesticides that have a median lethal does of less than <100 mg/kg/day

24. Additional Requirements
Required PPE must be provided by employer
Pesticide Handler Training
In addition to following the label you, the employer, must provide:
Provide required PPE to your employees AND
Provide required Training and access to pesticide labels and safety information
This will be covered in great detail in a later presentation.

25. Additional Requirements
Pesticide Storage
In addition to following the label you must :
Train your employees how to Properly store, handle and dispose of pesticides

26. Rodenticide Use California Restricted Materials: Federally Restricted:
not allowed
Federally Restricted:
certified applicator required
You can not use a California restricted pesticide since RM permits will not be issued for marijuana cultivation sites. You will need a licensed applicator if you decide to use a federally restricted product like diphacinone (the blue bait we sell in our office) (per FAC and 3CCR6400)
what can I use?

27. Rodenticide Use Rodent Repellants use consistent with the label
Rodent repellants may be used in and around the cultivation sites consistent with the label:
pepper spray, rotten (putrescent) whole egg solids, garlic or of course there’s biocontrol
BioControl

28. DPR PUBLICATION Legal Pest Management Practices
Legal Pest Management Practices
In addition to “Pesticide Use on Cannabis” we received another DPR publication for guidance:
Contains available active ingredients and recommended pest management practices
Doc can be found on DPRs website

29. AVAILABLE ACTIVE INGREDIENTS
How to Interpret the Tables in this document: Table 1 lists active ingredients not illegal to use on marijuana and the pests these active ingredients target.
These active ingredients are Exempt from residue tolerances and either exempt from registration requirements or registered use is broad enough to include use on marijuana
Unlike other states, like Colorado, instead of providing a list of recommended products. California provide a list of active ingredients.

30. Pest Management Practices
Table 3 in Legal Pest Management Practices shows pests by the portion of the plant they attack and recommended control
As more and more cannabis is planted throughout the State, collecting potential pests will enable entomologists to identify new species and those not known to occur in California. The importance of correct identification is essential in order to properly manage the pest.

31. Available Products Ingredient: Sulfur EPA Registration Number
I’ve discussed pesticide use on cannabis and legal pest management. Now before I close I just want to give you a few examples of some commercial products you’ll find. Before you use any product check if ingredient against DPR list. Here is a sulfur product. Safer Garden Fungicide is the only sprayable micronized sulfur available but can only one be found in home use size containers.
Check if there is an EPA registration number on label it could be on the front or the back. If it has an EPA reg # then it is subject to use reporting.
EPA Registration Number

32. Available Products Azadirachtin DPR lists 34 active products
Label broad enough for use on cannabis
Another example of a product that is widely available and used is Azadirachtin and there are 34 active products listed in the DPR label database. As the Safer product mentioned this is label is broad enough for use on cannabis.
Use reporting is required since it is a registered pesticide. This is one of the Azadiracthin products were seeing on the use reports Azatin O Biological

33. Questions?
I want to thank you for your time.
ag.co.monterey.ca.us