
 |

Joe Karl, Deputy Commissioner |
-
Restricted
Pesticide Permits |
|
A permit
is required to purchase and use California
restricted pesticides. Applicants must provide a
TARGET="spalexam">map of the intended site of application
and surrounding sensitive areas that may be impacted by the use
of restricted pesticides. Evaluation of the intended site of
application, pesticide storage facilities and safety procedures
is required before issuance. Permits may be conditioned to mitigate
environmental impacts and worker health effects. Applications
for a permit may be denied if environmental impacts or worker
health effects cannot be mitigated or if the applicant is unqualified.
A permit qualifies agricultural pesticide users for the purchase
and use of non-restricted pesticides. Contact staff
to arrange for an appointment.
Applications of restricted pesticides
must be performed under the supervision of a certified or licensed
applicator. Private applicators
may obtain certification through examination
administered by this department or by completing continuing education.
Contact staff to arrange for an exam.
Commercial applicators
may obtain certification through examination administered by
the Department
of Pesticide Regulation.
Certification qualifies applicators for the purchase
and use of federally restricted pesticides.
Some growers may prefer to have their restricted
pesticides applied by a pest control business.
A notice of intent to apply a restricted pesticide is required 24 hours
prior to application. Refer to your permit for your application's
specific requirements.
Operator Identification
Number |
|
An operator identification
number is required to purchase pesticides for an agricultural
use. Operator ID number applicants are not subject to the
same evaluation as used during the restricted pesticide permit
process. However, we expect applicants to be in compliance with
the regulations, at the time of issuance. Private
applicator certification is recommended
for growers who utilize employees to apply pesticides or work
near or within pesticide treatment sites. Contact staff
to arrange for an appointment.
Application
Standards |
|
Pesticides must be used in accordance with the
label. Labels will contain important
safety requirements, and health and environmental advisories,
in addition to use instructions.
The California Code of Regulations requires that
pesticides must be used in a safe manner, under appropriate climatic
conditions and while exercising appropriate precautions to avoid
contamination of the environment.
- a copy of the label allowing the use shall be available
at the use site
- concentrate pesticides shall be accurately measured
- uniform mixtures shall be applied
- pest control equipment shall be in good repair and
safe to operate
- pest control equipment must be cleaned when necessary
to avoid contamination
- an air gap or backflow protection device must be
used to protect water supplies when drawing water from an outside
source
- applicators must protect
persons, animals and property while applying pesticides
- employers must ensure that employees follow safety
requirements when applying pesticides
- employees must use the assigned safety equipment
- consent of the owner or operator of a property is
required for pesticide applications
- contact the agricultural
commissioner if commercial apiaries are located within 1 mile
of an application, to blossoming plants, of pesticides that are
toxic to bees
In addition, pest control businesses must also:
- identify pest control equipment (group and service
rig, and similar equipment) with the business name or "Pest
Control Operator" and the license number
- have available, a copy of the recommendation and
permit for a pesticide application that requires a permit
- provide a Pesticide Application Completion Notice
to the grower within 24 hours of an application to an agricultural
crop
Notice of Application |
|
Each person performing pest control shall give
notice to the operator of the property to be treated before any
pesticide is applied.
The notice must include the scheduled date of application,
name of the pesticide, and precautions to be observed.
If the application is to an agricultural
commodity, then the notice must also include the time of
the scheduled application, the location of the field to be treated,
the restricted entry interval (REI),
the EPA registration number and active ingredient, and posting
requirement, if any.
A grower of an agricultural commodity is responsible
for warning his employees and contractors who may enter or walk
within 1/4 mile of a pesticide treated
field. The warning must indicate the location of the treated
field, the restricted entry interval, and the admonishment not
to enter the treated filed while the REI is in effect. Posting
of the treated field may suffice, if the label does not require
both oral warnings and field posting.
Structural pest control businesses are required
to give notice according to section 1970.4
of Title 16 Professional and Vocational Regulations, Division
19. Structural Pest Control Board and 8538
of the Business and Professions Code, Division 3, Chapter 14.
All other property operators are required to give
notice to those employees who are on the treated property.
An agricultural pest control business applying
pesticides to an agricultural commodity is required to submit
a Pesticide Application Completion Notice to the operator of
the property or his fieldworker's supervisor, within 24 hours
after completion of the application.
That notice must include:
- the location of the treated field,
- name of the pesticide applied,
- date and hour the application was completed,
- the restricted entry and pre-harvest interval, if
the grower does not have the properly completed recommendation
from a pest control adviser
Written documentation of the method of communication
is required if the notice is not delivered personally. Growers
are required to retain these completion notices for two years
and make them available for review by fieldworkers.
Growers applying pesticides to an agricultural
crop must also create and maintain pesticide application completion
records for display for fieldworkers within 24 hours of completion
of the application.
Structural pest control businesses are required
to provide disclosure according to section 1970.4
of Title 16 Professional and Vocational Regulations, Division
19. Structural Pest Control Board.
Pesticide storage and container safety |
|
Pesticides must not be left unattended. When unattended,
pesticides and empty containers must be secured in a locked storage
area. If "Danger" or "Warning" labeled pesticides
are stored, then the storage area must be properly posted.
Storage areas should be clean, dry, well-ventilated
and adequately lighted. Refer to the pesticide product label
for specific storage instructions. Pesticides must be stored
to avoid contamination of fertilizer and feed. Pesticide storage
areas must not be used to store food or personal protective equipment.
Pesticides should be stored in their original containers.
However, service containers are allowed and should be properly
labeled with the name and address of the owner of the pesticide
container, identity of the pesticide and the signal word of the
pesticide. Do not use containers commonly used for food or drink
as a service container.
Pesticides must not be transported in the same
compartment with persons, food, or feed. Pesticides must be transported
in a secure manner to prevent spillage or contact with moisture.
Pesticide containers, of less than 28 gallons,
must be triple rinsed when they are emptied. Drain rinse solution
into the tank mix for application to the site or crop.
Worker Health &
Safety |
|
Employers are responsible for ensuring that their
employees work safely and follow all safety rules. Employees
are responsible for following those safety rules.
Handler and fieldworker training. |
forms |
Employers must have a pesticide and hazardous materials
safety training program for their employees who handle
pesticides and other hazardous materials or who may enter pesticide
treated fields. The program and each handler's training must
be documented. The regulations require that specific topics for
handlers and fieldworkers
are discussed in training. Handler training must be conducted
by a qualified person, prior
to handling pesticides and updated annually, and fieldworker
training must be conducted by a qualified person, prior to entering
a treated field and updated every five years.
This department, in cooperation with county and
local fire agencies has developed a written
training program form that may be used by employers to document
their training program for employees who handle pesticides and
other hazardous materials. A written training
program for fieldworkers is also available.
Material Safety Data Sheets (MSDS), and Pesticide
Safety Information Series (PSIS) are to be included in any training
and hazard communication programs for pesticide use and entry
into treated fields.
Employers are required to inform their handler
and fieldworker employees of the use of pesticides on the work
premises.
Employers must display
a completed Hazard Communication Program for Handlers
(PSIS A-8) at a central location at the workplace, and a Hazardous
Communication Program for Fieldworkers (PSIS A-9) at the
worksite or central location, if the fieldworkers initially gather
there.
Pesticide use records must be freely accessible
to employees who handle pesticides or may enter treated fields
or work within 1/4 mile of a treated field. In addition to indicating
the name, EPA registration number, and active ingredient, the
pesticide use record must also indicate the time and date of
application, and the restricted entry interval of the pesticides
applied. These records must be displayed within 24 hours of the
completion of the application and as long as the field meets
the definition of a treated field.
Operators of the property must inform their employees
and labor contractors of the location of these records. The labor
contractor shall provide that information to his or her employees.
MSDS's for each of the pesticides that may have
been applied, and applicable PSIS's, must also be maintained
for unimpeded access by employees who handle pesticides or enter
treated fields.
A grower of an agricultural commodity is responsible
for warning his employees and contractors who may enter or walk
within 1/4 mile of a pesticide treated
field. The warning must indicate the location of the treated
field, the restricted entry interval
(REI), and the admonishment not to enter the treated filed while
the REI is in effect. Posting of the treated field may suffice,
if the label does not require both oral warnings and field posting.
All other property operators are required to give
notice to those employees who are on the treated property.
Emergency medical care |
|
Employers must locate an emergency care facility
for employees who handle pesticides or may enter treated fields.
The name, address, and telephone number of the physician or medical
facility must be prominently posted at the work site, or work
vehicle if there is no designated work site.
Handler use records |
|
Records must be maintained for workers who mix,
load or apply "Danger"or "Warning" labeled
carbamate and organophosphate pesticides, for the production
of an agricultural commodity. These records must indicate the
name of the employee, name of pesticide handled, and date of
use.
Medical supervision |
|
If an employee, in production agriculture, mixes,
loads or applies a "Danger" or "Warning"
labeled carbamate or organophosphate pesticide for more than
6 days in a 30 day period, the employer must provide medical
supervision that includes periodic cholinesterase blood tests.
Personal protective equipment |
|
Employers are required to provide, wash, and maintain
personal protective equipment (PPE)
for their employees who handle pesticides or enter treated fields.
PPE's should be cleaned daily after use, and stored in a pesticide
free, specifically designated area, separate from personal clothing.
Eye
protection. Eye protection is generally required
for employees who handle pesticides. There are some exceptions,
as may be dictated by the label or regulation, but in general,
if you are involved in the application of pesticides or working
on pesticide application equipment, then you must be wearing
eye protection.
Eye protection can include safety glasses (with
front, brow, and temple protection), goggles, face shield, or
a full face mask. Common eyeglasses including sunglasses, do
not meet this requirement.
Gloves.
Gloves are generally required for employees who handle pesticides.
There are some exceptions. In particular, you should not be wearing
gloves during the application of methyl bromide. Consult the
pesticide product labeling for specific instructions. However,
in most situations, if you are involved in the application of
pesticides or working on pesticide application equipment, then
you must be wearing gloves.
Chemical resistant footwear, headgear, suit,
or apron, may be dictated by pesticide
product labeling, or the conditions during use.
Coveralls. Employers must provide and
maintain coveralls for employees who handle "Danger"or
"Warning" labeled pesticides. Employees are required
to wear coveralls when handling "Danger"or "Warning"
labeled pesticides.
Respiratory
protection. Employers shall assure that employees
use approved respiratory protective equipment when required by
the pesticide product labeling, or by regulation, or to maintain
respiratory exposure below exposure standards.
When respiratory protection is required, employers
must maintain a respiratory protection program. PSIS A-5, Respiratory
Protection, may be utilized to document the health of an
employee, the procedures used to select, fit, clean, and inspect
respiratory protection equipment, and the training program for
the use of respiratory protection equipment.
Employees with certain medical conditions that
may interfere with the use of respiratory protection equipment
must be evaluated by a physician before being assigned as a handler.
Closed system.
|
|
A closed system
is required for employees to mix or load "Danger" labeled
liquid pesticides, unless the employee handles less than one
gallon per day from a one gallon or less container.
Employers must provide production agriculture pesticide
handlers and handlers of "Danger" or "Warning"
labeled pesticides with a clean wash and change area. Clean water,
soap and towels shall be available for thorough washing. Clean
storage shall be available for personal clothing.
Employees who are required to wear "coveralls"
must change out of their coveralls and wash at the end of the
work day. Potentially contaminated coveralls must not be taken
home by employees.
Personal protective equipment should be cleaned
daily after use, and stored in a pesticide free, specifically
designated area, separate from personal clothing.
Sufficient water, soap and towels for washing hands,
face, body and eyes must be available within 1/4 mile of production
agriculture employees who handle pesticides or enter treated
fields.
One pint of water for emergency eye flushing shall
be immediately available (carried by the handler/early entry
fieldworker or on the vehicle the handler/early entry fieldworker
is using) to each production agriculture pesticide handler or
early entry fieldworker, if the pesticide product labeling requires
protective eyewear.
One clean change of coveralls must be provided,
at the decontamination facility, for employees who handle pesticides.
The decontamination facility for employees who
handle "Danger"or "Warning" labeled pesticides
in other than production agriculture must be located within 100
yards of the mixing or loading site.
|
Fieldworker Safety |
|
One of the biggest impacts of the reconciliation
of California's regulations with the Federal Worker Protection
Standard has been the increased protection standard for fieldworkers.
Santa Barbara County's growers are requested to make special
note of these relatively new standards and incorporate them into
their daily practices.
In addition to fieldworker training, hazard communication,
notice of application and decontamination facilities, the following
standards have been implemented to protect the health of workers
in the field.
|
Fieldwork during pesticide application. |
|
Employers shall not direct any employees, not involved
in the application, to enter or remain in a treated area of a
farm or forest during the application.
Prohibited areas
for field workers surrounding pesticide applications (buffer
zones) have been set by the California Code of Regulations for
applications within nurseries and greenhouses.
- 25 feet buffer zones are required around medium intensity
pesticide applications in the nursery/field and greenhouse. Consult
the CCR for the specific requirements.
- 100 feet buffer zones are required around high intensity
pesticide applications in the nursery/field. Consult the CCR for the specific requirements.
- the entire enclosed area within a greenhouse is the
prohibited area if the pesticide applied within the greenhouse
has labeling that requires respiratory protection or when the
pesticide is applied as a fumigant, smoke, fog, aerosol or mist.
Otherwise the prohibited area is the treatment
site, in both nurseries and greenhouses.
|
Restricted Entry Interval |
|
"Restricted entry interval" is the period
of time after a pesticide treatment where persons are prohibited
from entering a pesticide treated site. Agricultural employers
are required to implement the restricted entry interval as listed
in the "Agricultural Use Requirements" section of the
pesticide product label, for the protection of their fieldworker
employees. Non-agricultural applications must adhere to the label
requirements for restricted entry intervals.
For production agriculture pesticide applications,
entry into pesticide treated fields is prohibited, for any
reason, for four hours following treatment, unless there
will be no contact with pesticide residue, inhalation exposure
standards are not exceeded, and for greenhouses, the ventilation
criteria have been met.
No contact activities include operating tractors
or other equipment from inside an enclosed cab, or when shields
or other control methods prevent physical contact with pesticide
residues.
Hand labor that involves substantial contact with
pesticide residues is prohibited within treated fields while
the restricted entry interval is in effect.
|
Early Entry |
|
Early entry into a pesticide treated field, while
the restricted entry interval is in effect, is allowed under
the following conditions.
Employee pesticide handlers may enter a treated
field during a restricted entry interval provided they are wearing
the personal protective equipment specified on the label for
handling activities.
Employees who will have no contact with treated
surfaces, may enter a treated field during a restricted entry
interval provided that inhalation exposure does not exceed any
labeled standard and, for greenhouses, the ventilation criteria
have been met.
Employees who will have limited contact activities
that are necessary and unforeseen, may enter a treated field
during a restricted entry interval, provided that:
- double notification (oral and written) is not required
by the label,
- four hours have elapsed since the end of the application,
- inhalation exposure standards are not exceeded, or
ventilation criteria have been met,
- exposure is minimal, and limited to below the knees
and forearms,
- appropriate personal protective equipment is worn,
- time in treated fields during a restricted entry
interval does not exceed eight hours in any any 24-hour period
- employees are aware they are entering a treated field
during the restricted entry interval
Limited contact activities may include operating,
moving, or repairing irrigation or watering equipment.
All other employees may enter a treated field during
a restricted entry interval provided that:
- hand labor is not involved
- four hours have elapsed since the end of the application,
- inhalation exposure standards are not exceeded, or
ventilation criteria have been met,
- early entry personal protective equipment, as specified
by the label, is worn,
- time in treated fields during a restricted entry
interval does not exceed one hour in any any 24-hour period
|
Greenhouse ventilation criteria. |
|
When a pesticide with labeling that requires respiratory
protection is applied within a greenhouse,
or when a pesticide is applied as a fumigant, smoke, fog, aerosol
or mist within a greenhouse, ventilation of the greenhouse shall
continue until:
- the concentration of the pesticide is measured and
falls below the labeled exposure standard, or,
- ten air exchanges, or,
- two hours of mechanical ventilation, or,
- four hours of passive ventilation, or,
- twenty-four hours with no ventilation
Fieldwork is not allowed within affected greenhouses,
until one of the above or a combination of the above criteria
have been met, for those applications that require ventilation.
|
Requirements for early entry fieldworkers |
|
The training and safety of early entry fieldworkers
must be provided for. Employers shall assure that early entry
fieldworkers are trained, and personal protective equipment is
provided and maintained. The California Code of Regulations specifies
the topics of training and requirements for personal protective
equipment. In general, utilize the same training and personal
protective equipment standard for the early entry fieldworker
as enforced for a pesticide handler. Consult the CCR for the
specific requirements.
|
Field posting |
|
The operator of the property shall assure that
signs are posted around treated fields when required by pesticide
product labeling, unless access is controlled to prevent employees
from entering, working, remaining in, or walking within 1/4 mile
of the treated field during the application and the restricted
entry interval. Signs shall be worded, as follows:

All greenhouse applications must be posted, unless
access is controlled to prevent employees from entering, working
in, remaining in, or passing through the greenhouse during the
application and the restricted entry interval.
Any application which results in a REI of greater
than 7 days must be posted. If the REI is greater than 7 days,
the date of unrestricted entry, the name of the operator of the
property, and the field identification shall be indicated on
the sign, as follows:

When a pesticide with the signal word DANGER,
or a minimal exposure pesticide (6790 CCR) is applied through
the irrigation system, signs similar to the following, shall
be posted:

When a fumigant is applied to a field, signs similar
to the following shall be posted:

The signs shall be posted before the application
begins, but not more than 24 hours prior to the application;
remain posted and clearly legible throughout the application
and the REI; be removed within 3 days after the end of the REI
and before any entry prohibited during the REI.
The signs shall be posted so that they are visible
at all usual points of entry and each border with any labor camp;
post the corners if there are no identified points of entry;
when adjacent to an unfenced right of way, each end of the treated
field shall be posted, and at every 600 feet along the border
with the right of way.
Under some circumstances additional warning signs may be required. Contact the agricultural commissioner's office for specific information.
|
General requirements for safe fumigant
use |
|
When fumigant concentrations cannot be controlled
and an employees exposure exceeds the Permissible Exposure
Limit (PEL) listed in Title 8, 5155 CCR, or more stringent requirements
on the fumigant label, the employer shall provide and require
the employee to wear approved respiratory protective equipment.
Whenever an employee may be exposed above an exposure
standard to fumigants for which only air-supplied respirator
equipment is approved, the employer shall require the use of
air-supplied respirator equipment, employ continuous monitoring
to warn employees before the PEL is reached, or operate under
a Fumigation Safety Program approved by the Director.
The employer shall have an accident response plan
at the worksite which provides instructions to protect employees
during spills, fire, leaks. Employees shall be trained in accident
management procedures based on the plan.
|
Fumigation in enclosed spaces |
|
Whenever an enclosed space is fumigated, at least
two trained employees shall be present at all times when the
fumigant is introduced (except only one trained person is required
when solid fumigants are introduced from outside the enclosed
space). Two trained employees shall be present when the enclosed
space is entered for the purpose of facilitating aeration or
the enclosed space is entered to determine fumigant concentration
and the fumigant label or regulation requires personal protective
equipment.
The second employee shall have immediate access
to the fumigant label and required personal protective equipment.
Employees shall not be allowed to enter fumigated
enclosed areas, except to determine the fumigant concentration
or facilitate aeration, until the concentration is known to be
at or below the level specified in 6780(A) CCR.
Fumigants shall not be released into an occupied
work area.
After fumigation, the treated area or products
shall be managed so that employees are not exposed to concentrations
in excess of the level specified in 6780(A) CCR.
An enclosed space includes vaults, chambers, greenhouses,
vans, boxcars, ships, planes, vehicles, and tarpaulin-covered
structures and commodities. When fumigating tarpaulin covered
commodities inside buildings and areas or things inside greenhouses,
enclosed area applies to the entire structure.
|
Farm Labor Contractors |
|
Licensed farm labor contractors are required to
register annually with the commissioner of the county in which
the labor contractor works.
There is an annual registration fee of $25.00.
Farm labor contractors have specific
responsibilities for
protecting their employees.
|
Pesticide Use Reporting |
forms |
 |
Private applicators must report their production
agriculture pesticide use, by the 10th of the month following
application. Pest control businesses applying pesticides on an
agricultural crop must report the use within 7 days to the commissioner
and within 30 days to the operator of the property.
All other pesticide uses that are required to be
reported, may be summarized on the Monthly Summary Pesticide
Use Report. Structural pest control businesses must also
affix a fee stamp when pesticide use is reported.
Pest control businesses must also submit a No Work
Report when pesticides are not applied by the business during
a month.
To comply with hazard communication requirements,
Pesticide Application Completion Notices are required to be given
to the operator of the property or his fieldworker's supervisor,
within 24 hours, after completion of an application of pesticides
to an agricultural commodity. Completed pesticide use reports
may be utilized for this function if they also indicate the applicable
restricted entry and preharvest intervals. Growers must make
this information available to their fieldworkers for both grower
and/or business applied pesticides.
Pesticide use report forms are available at this
web site's forms page. Computer generated
pesticide use reports are accepted by the commissioner.
Transfer of pesticide use data
online is available. Growers and agricultural pest control
businesses are invited to participate.
Request a login ID through the link on our main page.
|
Pest Control
Business License |
|
Any pesticide use for hire must be performed by a licensed
pest control business. There are various types of licenses required,
based on the level of service provided, and the type of pest
control performed.
Three steps are involved to obtain a license to
apply pesticides for hire. First, the business must have a person
to serve as the Qualified Applicator or Pest Control Operator
who directs the application of pesticides, and supervises employees
who may apply pesticides. Applicator and operator licenses are
obtained by examination.
Second, the business must obtain a business license,
which verifies that the business possesses the financial ability
to perform pest control. The business must possess liability
insurance or be self liable, and if employees are utilized, worker's
compensation insurance.
Third, the business must register with or provide
notice to the agricultural commissioner in each county in which
they work. In Santa Barbara County, registration costs $50 for
an agricultural pest control business, $25 for a maintenance
gardener pest control business, and $10 for a structural pest control business per year.
Persons who offer recommendations
on any agricultural use, or who hold themselves forth as an authority
on any agricultural use, or who solicit services or sales for
any agricultural use, must possess an Agricultural Pest Control
Adviser License. Adviser licenses are administered by the Department of
Pesticide Regulation.
Advisers must also register with the agricultural
commissioner in the counties in which they intend to work. In
Santa Barbara County, registration costs $10 for advisers based
in the County, and $5 for advisers outside the County.
There are continuing
education requirements for pest control licensees. Continuing
education is mostly obtained from
university extension, and pest control professional associations.
Some application forms may be obtained at this site's forms
page.
|
Types of licenses: |
 |
Agricultural Pest Control Business. If you
are applying pesticides for hire to an agricultural commodity,
or to the plants and garden area surrounding a home or business
or to rights of way, then you must be licensed as an agricultural
pest control business. The business must have a Qualified Applicator
Licensee who supervises the application of pesticides.
Maintenance Gardener Pest Control Business.
Maintenance gardeners who want to apply pesticides in the course
of business as a landscape maintenance business must be licensed
as a maintenance gardener pest control business. The primary
business function must be landscape maintenance. Pest control
must be incidental to the landscape maintenance. The business
must have a Qualified Applicator Certificate holder in Category
B, Landscape Maintenance, who supervises the application of pesticides.
The Agricultural and Maintenance Gardener Pest
Control Business Licenses are administered by the Department of Pesticide Regulation.
Structural Pest Control Business. If you
are applying pesticides for hire to control structural pests
or pests that may affect human health, then you are required
to be licensed as a structural pest control business. This license
is administered by the Structural Pest Control Board. The business
must have a pest control operator who manages the operation of
the business and /or supervises employees who may apply pesticides.
All structural pesticide applicators must possess
a structural pesticide applicator's license. Structural pesticide
applicator's licenses may be obtained by examination, conducted
by this department. Contact staff to arrange
for an exam.
Other licenses. Agricultural Pest Control
Advisers, Agricultural Pest Control Pilots, and Agricultural
Pesticide Dealers are also required to be licensed.
|
Exam schedules
- Pest control licenses |
 |
Exams for advisers, qualified applicator certificates
and licenses in agricultural pest control are administered by
the Department
of Pesticide Regulation. Consult the Licensing and Certification Program's web page for an exam schedule
Exams for structural pest control operators and
field representatives in structural pest control are administered
by the Structural Pest Control Board.
Exams for structural pesticide
applicators are administered by our department and are generally
scheduled for every other Tuesday in Santa Barbara and by appointment
in Santa Maria. Contact staff to arrange
for an exam.
|
Compliance |
|
Santa Barbara County's Agricultural Commissioner
prefers that compliance with the regulations is a cooperative
effort. We strive to educate growers and the pest control industry
of the regulatory requirements and convince them of the benefits
of compliance. We hope that our application of the mandates is
perceived as being performed in a fair, yet firm, efficient and
competent manner.
|
Inspection and investigation. |
|
Random inspections and inspections by appointment
are utilized by the agricultural commissioner to maintain the
professionalism of, and assure compliance by, the pest control
industry. The specific standards to demonstrate compliance during
an inspection have been outlined on the
Summary of Inspection Standards. This
summary also includes the requirements for pesticide records
that must be maintained by the business or organization.
Investigations are conducted in response to pesticide
illness reports and complaints from employees and the public.
Employees may make confidential complaints about unsafe work
conditions and shall be free from retribution for filing such
a complaint. Contact staff to file a complaint
of unsafe work conditions or application technique.
|
Enforcement standards |
|
Santa Barbara County
complies with State regulations which specify appropriate
enforcement Standards
response which were
adopted by the Department of Pesticide Regulation
and the California Agricultural Commissioners and Sealers Association.
Enforcement Standards assist in a uniform approach to pesticide
use enforcement by all commissioners throughout California.
|
Penalties |
|
Violation of the provisions and regulations of
the Food and Agriculture Code or the California Code of Regulations
is punishable, upon conviction, as a misdemeanor with fines ranging
from $500 to $10,000, or by imprisonment of not more than six
months, or by both fine and imprisonment. An intentional or negligent
violation that created an actual or potential hazard to human
health or the environment is punishable, upon conviction, with
imprisonment not exceeding one year, or with fines ranging from
$5,000 to $50,000, or by both fine and imprisonment. Violators
are subject to civil liability in amounts ranging from $1,000
to $25,000 for each violation.
Provisions for agricultural civil penalty actions
by the agricultural commissioner have been established by the
California Code of Regulations.
Class A or serious violations are repeat moderate violations
or violations which created an actual health or environmental
hazard. The fine range for serious violations is $700 - $5,000.
Class B or moderate violations are repeat minor violations
or violations which posed a reasonable possibility of creating
a health or environmental effect. The fine range for moderate
violations is $250 - $1,000.
Class C or minor violations are violations that did not create
an actual health or environmental effect or did not pose a reasonable
possibility of creating a health or environmental effect. The
fine range for minor violations is $50 - $400.
|