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

2. 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

3. 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 (Pest)), which may infest or be detrimental to vegetation, man, animals, or households, or be present in any agricultural or nonagricultural environment whatsoever.

4. Pesticides Include:

5. 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
FAC 12977
FAC 12982
FAC
FAC 15201
Cooperative Agreement* between U.S. EPA, DPR,
and CACASA (County Agricultural Commissioners and Sealers
Assoc.)
CAC’s
* View online at

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

7. 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.

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

9. 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.

10. 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.

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

12. 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

13. 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

14. DPR Oversight Inspections

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

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

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

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

19. 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.

20. 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’….

21. 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)

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

23. 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

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

25. DPR Staff Collect Samples
Distribution Centers

26. DPR Staff Collect Samples
Farmers’ Markets
Roadside Bodegas

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

28. 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

29. Let’s Take a Look
at the Numbers!
2017

30. Sampling in 2017

31. 96 % of the Produce Tested had Legal or No Residues Detected

32. 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

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

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

35. Product Compliance Program
Two main goals:
Marketplace equity
Consumer protection

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

37. 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
California Code of Regulations Title 3. Food and Agriculture (3 CCR) section 6147

38. 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

39. Any Questions about DPR Enforcement?
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