On July 2, 2024, the California Department of Pesticide Regulation (DPR) announced the release of modifications to its proposed pesticide application notification regulation. DPR states this regulation will support the statewide implementation of what it describes to be a “first-of-its-kind” system that would provide information to the public in advance regarding the planned applications of “restricted material pesticides” used in agriculture. DPR initially proposed the regulation on November 3, 2023. DPR is requesting comments on the proposed modifications through a 30-day public comment period. Comments are due on or before August 1, 2024, and can be submitted through DPR’s public comment portal, by mail, or by e-mail to dpr23003@cdpr.ca.gov. Two hearings have been held on July 12 and 15, 2024, and a third was scheduled on July 23, 2024, to collect input on the proposed modifications to the notification regulation.

DPR states its intent to implement the pesticide application notification system statewide in the first quarter of 2025.

Background

DPR began development of a statewide pesticide application notification system in 2021. DPR has held several webinars and workshops between 2021 and 2023 in addition to public comment periods. Between October 2023 and February 2024, DPR also conducted a small group beta test of the proposed statewide notification system in Tulare County, which was called “SprayDays California.”

DPR’s ultimate plan is to support the statewide implementation of a notification system by requiring electronic submission to DPR of select information from Notices of Intent (NOI) for permitted applications and then requiring DPR to make the information it receives publicly available. NOIs are required before a permitted application of a “restricted material pesticide,” which DPR states are “a highly regulated category of pesticides that have greater potential than other pesticides to cause harm to people, animals, the environment, or other crops.” NOIs, which are part of the state’s restricted material permitting process, are currently submitted to and must be approved by the local county agricultural commissioner before a restricted material pesticide can be used. If implemented as currently proposed, DPR would be required to provide information 48 hours prior to the intended start of a soil fumigation and 24 hours prior to the intended start of all other restricted material applications requiring a permit.

Other elements of the statewide notification system design for which DPR has sought comments include:

• Information on the pesticide application (available through the state’s existing restricted material permitting process), including:
  • Product name and chemical ingredient,
  • Direct link to the product label,
  • Intended application method,
  • Intended date and time period the application may occur,
  • Scale of the application, and
  • Context and information on how pesticides are regulated and evaluated in California to protect people and the environment, including specifically how restricted material pesticides are regulated;

• An anonymous search function that allows users to search for pesticide application information without providing personal information;

• A subscription function that allows users to receive e-mail and text message “notifications” when an application is planned near a specific address; users may sign up to receive this information for multiple addresses;

• Information provided in Spanish and English;

• A public website and visual mapping tool that is easy to use on mobile devices;

• User-centered design with graphic and visual content; and

• Information on community health and resources for finding more information on pesticide safety and health impacts from pesticide exposure, including the phone number for the National Pesticide Information Center, which provides information on potential health impacts from pesticide exposure.

The system will not indicate the exact location of the pesticide application but instead will provide a location within a one-square-mile area of the application using the standardized Public Land Survey System data. The one-square-mile Public Land Survey System location is the only location information used consistently in the restricted material permitting process across all California counties.

Proposed Modifications

DPR states the modifications it is now proposing were made after the initial public comment period, which was open for 70 days starting in November 2023 and included three regulatory hearings.

Specifically, DPR is proposing the following:

• Adding a new requirement for DPR to re-evaluate and review the system, including: (1) for three years, provide an annual status update on the system and process and any changes; (2) seek feedback on the status update from, and provide a status update to, the department’s Environmental Justice Advisory Committee, the California Department of Food and Agriculture’s State Board and the public until DPR issues a comprehensive report on the system; and (3) three years after the regulation becomes effective, issue a draft report, followed by a final report on the system and process and any changes made;

• Clarifying the restricted material pesticides that are subject to the 24- and 48-hour reporting requirements;

• Clarifying that DPR will make publicly available pesticide product name(s) and active ingredient(s); and

• Clarifying the effective date for the implementation of the system.

Commentary

DPR is proposing an ambitious program that has been in development for years. Now that DPR has conducted a beta test of the system and announced its intent for the system to be active by the first quarter of 2025, DPR appears closer than ever to implementing this notification system. The most recent proposed changes add some clarifications and will require DPR to receive feedback and report on the system’s implementation, but they do not address any broader issues, such as the scope of the system or the feasibility and transparency of the notifications.

Additional details and the proposed revised regulation can be viewed here.

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