1. Regulation to Address Pesticide Use Near Schools and Child Day Care Facilities
December 2017

2. Outline Objectives of the Regulations
Section 6690: scope of regulation and definitions
Section 6691: application restrictions
Section 6692: annual notification
Implementation issues
This is where you can talk about the Public Comment period and all of the open public forums that were give throughout the State. OAL approved the following regulations on November 7th. The slides follow the guidance document pretty closely. The guidance document is still draft and the fact sheets are not included. The guidance document will be finalized by December 1, 2017, along with the annual notification templates.

3. Objectives of regulation
Provide minimum standards for applications near school sites
Provide extra margin of safety in case of unintended drift
Increase communication between growers and school sites
Provide information to school sites for emergency preparedness
Guidance document page 3

4. Section 6690 – scope and definitions: pesticide applications included
Regulation includes pesticide applications for production of an agricultural commodity within ¼ mile (1,320 feet) of a school-site
Includes applications of adjuvants and 25(b) pesticides
Includes applications to school farms that produce agricultural commodities
Excludes non-production agriculture applications
Excludes non-agricultural applications
Guidance document pages 16-17

5. Section 6690 – scope and definitions: ¼ mile
Regulation includes pesticide applications for production of an agricultural commodity within ¼ mile (1,320 feet) of a school site
Distance measured from treated area to areas of school site property used by children
Mon-Fri 6am-6pm
Distance can be measured from part of a field
Normally use horizontal distance, but can account for unusual topography
Guidance document page 17

6. Section 6690 – scope and definitions: definition of school sites
Regulation includes pesticide applications for production of an agricultural commodity within ¼ mile (1,320 feet) of a school site
Public K-12 schools, including publicly-funded charter schools
Excludes private schools
Excludes colleges/universities, even if K-12 students attend
Includes defined K-12 school located on a college campus
Licensed child day care facilities, except family day care homes, as defined by Health and Safety Code
Guidance document pages 17-19

7. Section 6690 – scope and definitions: school site areas included
Includes areas of school site property used by children on weekdays
Includes other property identified by county agricultural commissioner (CAC):
Parks adjacent to schools that are used by schools for recess, sports, etc., particularly if there is a MOU
Excludes vehicles or bus stops outside property
A 3-party agreement will be needed to include other properties as a school site when they are not adjacent parks.
Guidance document page 18

8. Section 6690 – scope and definitions: cannabis
Cannabis that is cultivated for commercial purposes is an agricultural commodity
FIFRA 25(b) pesticides are not exempted from the regulation
The regulation applies to cannabis cultivation within ¼ mile of a school site
Annual notification is required
Application restrictions for outdoor cultivation
Guidance document page 19

9. Outline Background and summary
Section 6690: scope of regulation and definitions
Section 6691: application restrictions
Section 6692: annual notification
Implementation issues

10. Guidance document page 20
Section 6691 – application restrictions: time period of restrictions and responsible parties
Application restrictions are in effect Mon – Fri, 6am – 6pm
Property operator and applicator are responsible for ensuring compliance
Guidance document page 20

11. Section 6691(a-c) – application restrictions: minimum distance
Minimum distance between application and school site depends on drift potential of application
¼ mi for potentially higher drift applications
25 ft for lower drift applications
No minimum distance for negligible drift applications
Drift potential based on 4 types of pesticides and 9 types of application equipment
Guidance document pages 20-23

12. Section 6691(a-c) – application restrictions: 36 types of applications
4 types of pesticides
Dust/powder
Fumigant
Granule/flake/pellet
All other pesticides
9 types of equipment
Airblast sprayer
Aircraft
Backpack sprayer
Bait station
Ground-rig sprayer
Hand pump sprayer
Soil injection
Sprinkler chemigation
All other equipment
Guidance document pages 20-21

13. Drift Class
Higher-1/4 mile Aircraft—Fumigant—Airblast—Sprinkler—Dust/powder
Lower-25 feet Ground rig sprayer—Field soil injection—All other equipment
Negligible-None
Enclosed space—Bait stations—Backpack sprayer Hand pump sprayer and Granule, flake, pellet *Also includes applications when no classes are scheduled or day care closed for entire day

14. Requirement Based on Drift Class Higher Lower Negligible
Summary of regulation
Type of Requirement
Requirement Based on Drift Class
Higher Lower Negligible
Minimum Distance Between Application and School site, Mon-Fri, 6:00am-6:00pm
¼ mile
25 feet
None
Annual Notification of Pesticides Expected to be Used Within ¼ mi of School site
Yes
Grower, school site, and CAC can negotiate agreement that achieves the same or greater level of protection as the regulation
For fumigations within ¼ mile of a school site, 36 hours must elapse from end of fumigation until classes start, day care opens
Guidance document page 4

15. Minimum distance from application to school site, Mon – Fri, 6am – 6pm
Application Equipment Type
Minimum Distance
All Other
Dust Fumigant Granule Pesticides
Airblast Sprayer
¼ mile
Labels prohibit
No apps
Aircraft
Backpack Sprayer
None
Bait Station
Ground-Rig Sprayer
25 feet
Hand Pump Sprayer
Soil Injection
Sprinkler Chemigation
All Other Equipment
“Labels prohibit” means that fumigant labels do not allow the application method indicated. “No apps” means that the combination of pesticide and application equipment is physically impossible. “None” means no minimum distance is required. That combination of pesticide and application equipment is exempted from the application restrictions. Some combinations may not be used now, but are physically possible and could be used in the future.
Airblast sprayer or other ground application equipment with a pump that delivers spray into an air stream created by a fan.
Equipment modifications do not change the requirements (e.g., electrostatic sprayers)
No minimum distance if application in enclosed space (unless fumigant), or no classes scheduled, day care closed
Guidance document page 21

16. Minimum distance from application to school-site, Mon–Fri, 6am–6pm
This slide is in their handouts.
Guidance document page 22

17. Guidance document page 24
Section 6691(e) – application restrictions: additional fumigant requirement
For field fumigations within ¼ mi of a school site, 36 hours must elapse between the end of fumigation and start of classes or day care facility opens
More stringent than fumigant label requirements for “difficult to evacuate” sites
Requirement does not apply to non-production ag or non-ag fumigations, including
Aluminum phosphide applications to roadways
Commodity fumigations, unless on farm
Ex. (End fumigation on 8pm for class on 8am)
Guidance document page 24

18. Section 6691 – application restrictions: Exceptions
6691(c)(1) – No minimum distance for non-fumigant applications in enclosed spaces (defined in section 6000)
6691(d) – No minimum distance when classes are not scheduled for entire day or day care facility is closed for entire day (unless a fumigation)
6691(f) – Exception for 3-party agreements that achieve same or greater level of protection as application restrictions
Guidance document pages 23-28

19. Section 6691(f) – application restrictions: 3-party agreements
Responsible parties:
Operator of property to be treated
School principal or day care administrator
CAC
Level of protection: same or greater level of protection as provided by the regulation, as determined by 3 parties
Duration: until rescinded by any of 3 parties
Enforcement: CAC enforces as if regulation
DPR does not need to provide input or review of 3-party agreements. Upon request, DPR will assist in preparing or reviewing 3-party agreements. Requests should be submitted to the EBL.
Guidance document page 24

20. Guidance document page 25
Section 6691(f) – application restrictions: recommended sections of 3-party agreements
Name, address, identification of school site/daycare, property operator, field/site, and CAC
Description of requirements
Statement that property operator requirements are binding
Statement about rescinding agreement
Effective date
Signatures
Guidance document page 25

21. Guidance document pages 25-27
Section 6691(f) – application restrictions: possible situations for 3-party agreements
Extracurricular/weekend activities
Non-production ag or non-ag applications
Non-adjacent school site areas
Alternate time restrictions
Unusual application methods
Enclosed space clarification
Unusual topography
Application-specific notification
Unusual topography – as shown in the guidance doc and later slides on CalAgPermits, the ¼ mile distance is normally measured horizontally. The distance can be measured along a slope in some cases. Several foothill counties wanted this option. Others thought this was to complicated and wanted it deleted.
Guidance document pages 25-27

22. Outline Background and summary
Section 6690: scope of regulation and definitions
Section 6691: application restrictions
Section 6692: annual notification
Implementation issues

23. Section 6692 – annual notification: overview
CACs must
Verify affected property operators, fields/sites, school sites
Enforce notification requirements
Property operators must
Identify affected fields/sites
Prepare and submit notifications
School sites should
Check school site contact info
Verify school site location and boundaries
All tasks can be accomplished with CalAgPermits
Guidance document pages 28-29

24. Section 6692(a) – annual notification: responsible party and timeline
Responsible party: operator of property to be treated
CACs may allow pest control business or other person to provide notification on behalf of property operator
Timeline
Notification provided by April 30th each year
Notification includes pesticides expected to be used during upcoming July 1 – June 30 period
Different dates for new property operators
Guidance document page 30

25. Section 6692(a)(1) – annual notification: new property operator
New property operators (through land purchase or lease) must provide first notification within 30 days of assuming control of property
Notification must be provided at least 48 hours prior to use
Notification includes list of pesticides expected to be used between the time notification is provided and June 30th of following year (6 – 18 month period)
Example 1: notify on 12/30/18, list covers 1/1/19 – 6/30/19
Example 2: notify on 1/2/19, list covers 1/4/19 – 6/30/20
Guidance document page 30

26. Guidance document page 30
Section 6692(a)(1) – annual notification: possible modified timeline-New Leases
People who assume a new lease near the end of the year normally have to provide two notifications, BUT
Two notifications can be avoided by providing a list of pesticides through June of the second year, for example
Assume control on 11/15/18
Notification provided on 12/15/18
Pesticide list start date is 12/17/18
Pesticide list end date is 6/30/20, instead of 6/30/19
Property operator may want to indicate when lease will end
This slide describes an option to provide a single notification instead of 2 overlapping notifications. The option was added based on comments from Monterey because they have many annual leases that begin near the end of the year. This could cause a grower to provide 2 notifications each year, so there is a way to provide just one for the 18 month period. Also see last paragraph of page 30 in the guidance doc for more info.
Guidance document page 30

27. Section 6692(b) – annual notification: people notified
Principal of public K-12 school
Administrator of child day care facility
CAC
Guidance document page 31

28. Guidance document page 31
Section 6692(c) – annual notification: means and content of notification
Notification in writing, can be transmitted electronically
Notification must include:
Summary of regulation and required statements
Map showing location of field(s) and school-site/daycare
Grower and CAC contact information
National Pesticide Information Center (NPIC) website
List of pesticides expected to be used Jul-Jun – information for pesticides not on list must be provided at least 48 hrs prior to use
Options available to school/day care facility
Guidance document page 31

29. Guidance document page 31
Section 6692(c)(7) – annual notification: pesticides expected to be used
Active ingredient(s) – including adjuvants and FIFRA 25(b) pesticides
Example product brand name – alternative products containing a listed active ingredient may be used
Example registration number
Guidance document page 31

30. Section 6692(c)(8 and 9) – annual notification: required information
"This notification is informational only, and includes a list of pesticides expected to be used. Beginning July 1st, 2018, school sites will be informed of pesticides not on the list at least 48 hours prior to their use. The county agricultural commissioner may be contacted for questions or additional information; if violations of these requirements are suspected; or other non-emergency situations.”
Description of option to negotiate alternate application restrictions
For example, the three parties may establish alternative restrictions to address extracurricular activities
that occur during evenings or weekends. A request to discuss alternative restrictions must be sent to
the county agricultural commissioner.
Guidance document page 32

31. Section 6692(d) – annual notification: amending pesticide list
A complete list of pesticides must eventually be provided
Must include pesticides that are exempted from application restrictions (e.g., applied weekends; or enclosed space)
Initial list may be amended
Active ingredient must be included on list at least 48 hours prior to use – no exceptions
Guidance document page 32

32. Section 6692(e) – annual notification: recordkeeping
Property operator must retain notifications for 2 years
CACs must retain notifications for 1 year
Guidance document page 33

33. Effective dates
Jan 1, 2018: application restrictions effective Mon-Fri>>6am-6pm
Apr 1, 2018: notification requirements begin
No later than Apr 30th, beginning in 2018: annual notifications must be submitted for Jul-Jun applications

34. Outline Background and summary
Section 6690: scope of regulation and definitions
Section 6691: application restrictions
Section 6692: annual notification
Implementation issues
There are 3 phases to the regulation rollout.
This notification of the regulation approval is Phase 1. Approved by OAL on 11/7/17.
Phase 2 – CaliCo should complete the CalSchoolNotify.org website for school site administrators in 1 – 2 weeks. When that occurs, DPR will mail out fact sheets to all affected school sites, including instructions for CalSchoolNotify.org. Copies will also be sent to CACs and deputies.
Phase 3 – CaliCo should complete the CalAgPermits modifications in 2 – 3 weeks. We will notify CACs and deputies, and DPR’s updated schools regulation website will go online at that time. The website will have DPR’s fact sheet for growers/applicators, CalAgPermits instructions, notification templates, the final guidance document, the final training PowerPoint, and other docs.

35. Implementation issues: CalAgPermits
CaliCo is modifying CalAgPermits to:
Identify affected school sites and fields
Provide notifications
Check compliance with requirements
CalAgPermits will include separate interfaces for:
County agricultural commissioner staff
Growers/applicators
School sites – CalSchoolNotify.org
There are 3 phases to the regulation rollout.
Phase 1 was approval of the regulation on Nov 7.
We are now starting Phase 2. CaliCo has completed the CalSchoolNotify.org website for school and day care administrators. This website requires a login that is unique to each school/day care, so you will not be able to access, but the same information will be available to CACs when the CalAgPermits modifications are complete in a few weeks.
In addition, DPR’s schools regulation website ( will be online November 30th, and include:
Brief presentation on the regulation
Text of the regulation
Fact sheet for growers and applicators (attached)
Notification templates for people who do not use CalAgPermits
Fact sheet for school and day care administrators (attached)
CalSchoolNotify.org fact sheet describing the school site administrator website (attached)

36. Implementation issues: CalAgPermits for CAC
Screenshot of draft home page of grower’s CalAgPermits website
A new schools notification section has been added that includes a summary status of a grower’s notifications

37. Implementation issues: CalAgPermits for growers
Screenshot of draft grower’s CalAgPermits options
School notification info has been added in bottom left
Other web pages will enable a grower to prepare a notification, including list of pesticides expected to be used, and to submit a notification to affected school sites and CAC.

38. Implementation issues: CalAgPermits for growers
Screenshot of CalAgPermits map for schools notification
School site is outlined in red.
¼ mile distance is shaded in yellow.
Fields with any part within ¼ mile are shown in blue
Site ID will also appear for each affected field
Grower will also be able to see his/her other fields

39. Implementation issues: CalSchoolNotify
Implementation issues: CalSchoolNotify.org for school sites administrators – dashboard
Screenshot of CalSchoolNotify dashboard, showing different options and information available to school site administrators, including
A map showing school site boundaries and affected fields
Contact information and notifications
Submittal of a request to negotiate a 3-party agreement
Information about the regulation, including regulation text and fact sheets
More information about pesticides obtained through links to NPIC and DPR

40. Implementation issues: CalSchoolNotify
Implementation issues: CalSchoolNotify.org for school sites administrators– boundary tab
Screenshot of map showing school site boundaries, ¼ mile distance, and affected fields
This is the same map that growers and CACs will see
School site administrators will be able to map suggested changes to the boundaries and submit to CAC for review
A record of boundary changes submitted and reviewed is also shown

41. Implementation issues: CalSchoolNotify
Implementation issues: CalSchoolNotify.org for school sites administrators–notification tab
Screenshot of a notification in CalSchoolNotify
This screen lists all notifications by grower, both initial notifications and amendments
By clicking on links, school site administrator can see the individual notifications

42. Implementation issues: outreach to school sites
DPR’s website:
Overview PowerPoint
Overview video
Other requirements for schools – guidance doc pages 33 – 35
Overview fact sheet for school sites and public – guidance doc pages 36 – 37
CalSchoolNotify fact sheet for school site administrators – guidance doc pages

43. Implementation issues: outreach to growers
DPR’s website:
Notification templates
Training PowerPoint
Grower/applicator fact sheets – guidance doc pages 41 – 44
CACs will need to conduct outreach to affected growers and applicators
The grower outreach material will be available on a new DPR website when the regulation is approved
The slide shows the first page of an example notification generated by CalAgPermits

44. Thank You!! Brandi Martin
Department of Pesticide Regulation Senior Environmental Scientist-CRO