The primary federal statutes that give the EPA the authority to regulate pesticides are the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and the Federal Food, Drug, and Cosmetic Act (FFDCA).

1. Laws and Regulations
LNT 136 – Spring 2017
Mark Valen

2. http://www.cdpr.ca.gov/docs/pressrls/dprguide/dprguide.pdf

3. Department of Pesticide
Regulation
• DPR was created in 1991, within the newly‐created
California Environmental Protection Agency.
• Pesticide Programs Division
• Pesticide Registration
• Human Health Assessment
• Worker Health and Safety
• Pesticide Enforcement
• Environmental Monitoring
• Pest Management and Liscensing

4. Ensuring Safe Pesticide Use
• Pesticide use is controlled by federal, state and
local government agencies.
• The U.S. Environmental Protection Agency (U.S.
EPA) sets minimum pesticide use standards and
delegates pesticide enforcement regulatory
authority to the states.
• California’s pesticide laws and regulations are
typically more than any other state.

5. Ensuring Safe Pesticide Use
• Local enforcement is carried out by County
Agricultural Commissioners (CACs)
• DPR provides training to CAC staff, guidance on
enforceable standards, technical support, incident
investigation support, and oversight and evaluation
of CAC enforcement.
http://www.sandiegocounty.gov/content/sdc/awm.html

6. Ensuring Safe Pesticide Use
• CACs enforce state laws and regs in all 58 counties.
• Their duties include:
• Inspecting operations and records
• Managing restricted materials permit program.
• Registering licensed businesses.
• Investigating pesticide incidents and illnesses.
• Taking enforcement action.

7. Ensuring Safe Pesticide Use
• CACs may fine up to $5,000 for each violation
• Additionally, DPR and CAC may revoke business’
pesticide license or county registration.
• Persons found to have violated pesticide laws
resulting in injury are also required to repay certain
medical expenses of people who seek medical
attention from a pesticide incident involving
production of an agricultural commodity.

8. Licensing and Certification
• Four types of business licenses
1. Pest Control Business – Pest Control for Hire
2. Pest Control Dealer – Pesticide Sales
3. Pesticide Broker – Wholesale
4. Maintenance Gardener Pest Control – Landscape
Maintenance Companies

9. Licensing and Certification
• Five types of individual licenses and certificates
1. Agricultural pest control advisor (PCA)
2. Pest control aircraft pilot cert.
3. Pest control dealer designated agent
4. Qualified applicator certificate (QAC)
5. Qualified applicator license (QAL)

10. Licensing and Certification
Qualified applicator certificate (QAC)
• Less rigorous, individuals working for government or
businesses other than pest control businesses, such as
golf courses and schools.
• Pest control is not the primary reason for their
businesses; thus QAL examination is typically not
necessary.

11. Licensing and Certification
Qualified applicator license (QAL)
• The QAL is the more rigorous of the two.
• All commercial pest control businesses, except
maintenance gardener businesses, must have at least
one QAL on staff at each business location to supervise
pesticide handlers for the business.

12. Licensing and Certification
• Both QAC and QAL applicants are required to take a laws
and regulations exam and an exam in one of 17
categories for pest control.
• Licenses and certificates are issued for two years.
• They cannot be renewed unless the holder has reached
a certain minimum Continuing Education (CE) hours.

13. Licensing and Certification
A. Residential, Industrial, Institutional
B. Landscape Maintenance
C. Right‐of‐Way
D. Plant Agriculture
E. Forest
F. Aquatic
G. Regulatory
H. Seed Treatment
I. Animal Agriculture
J. Demonstration and Research
K. Health Related
L. Wood Preservation
M. Antifouling Paints or Coatings
N. Sewer Line Root Control
O. Field Fumigation
P. Microbial Pest Control
http://www.cdpr.ca.gov/docs/license/cat_qal.pdf

14. Protecting workers and the public
• DPR’s worker safety program includes:
• Establishing state workers’ safety standards
• Requiring a written hazard communication program
• Unimpeded access to Safety Data Sheets (SDS)
• Requires training each year of employees who handle
pesticides (mixers, loaders, applicators, application equipment
mechanics, and now fieldworkers).
• Pesticide Safety Information Series (PSIS) leaflets
• Where PPE is required, DPR has a more extensive set of
requirements than U.S. EPA.
• In addition, DPR has adopted a full respiratory protection
program.
• Established longer Restricted‐Entry Intervals (REIs)

15. Pesticide Use Reporting
• California’s pesticide use reporting program is one of the
most comprehensive in the world.
• In 1990, California became the first state to require full
reporting of agricultural pesticide use
• Under the program, all agricultural pesticide use must
be reported monthly to county agricultural
commissioners, who in turn, report the data to DPR.
http://www.cdpr.ca.gov/docs/pur/purmain.htm

16. Pesticide Use Reporting
• Agricultural Use
• Production – food, feed, fiber, ornamental, forest
• Non‐Production – golf courses, cemeteries, parks
• Non‐Agricultural Use
• Home
• Industrial
• Institutional
• Structural
• Vector control
• Veterinary

17. Pesticide Use Reporting
• An Operator Identification Number (OIN) AKA “grower
ID” is issued by CAC.
• Used for reporting and purchasing restricted‐use pesticides
• Non‐Ag reports include monthly summaries of:
• Product name / Manufacturer
• Product Registration Number
• Amount Used
• Number of Applicatons
• Type of site treater (roadside, structure, etc.)
• Month
• County
• OIN / pest control license number

18. Pesticide Use Reporting
• School pesticide use reports
• Healthy Schools Act has been amended to include pesticide ue
reporting to district staff.
• California School Pesticide Use Report (CSPUR)
• Database of structural and landscape pesticide use at school
sites.
• School pesticide use reports are due annually on Jan 30 for the
previous year.
• Report includes:
• Product name
• Registration number
• Amount used
• Date and time of application