Association directives

The Department of Health Services (DHS) within the Health and Welfare Agency of the State of California and the Department of Pesticide Regulation (DPR) within the California Environmental Protection Agency both have responsibilities relating to the protection of human health from the potentially adverse effects of pesticides. Both departments believe that the State will benefit from a unified and cooperative program to address problems of human health related to vectorborne disease and the use of pesticides.

The purpose of this Memorandum of Understanding (MOU) is to as­sure that the two departments exercise their respective authorities for protection of the public health, in a coordinated and cohesive manner, eliminating unnecessary overlap of activities or duplication of effort, and providing a consistent and protective public health stance.

SCOPE

This MOU establishes principles of agreement regarding activities of the signatory departments, identifies primary areas of responsibility and authority between them, and provides methods necessary to assure ongoing coordination of activities relative to such purposes. This MOU also describes how the agencies will work in cooperation to achieve the goals of the respective departments.

In order to ensure that pesticides registered for use in California are used in a manner that protects human health while recognizing the need for vector control, DHS and DPR mutually agree to comply with the following specific agreements concerning public health vector control and applicator certification.

1. 
   DHS agrees:
   

1. 
   to require that agencies which establish cooperative agreements with DHS, pursuant to Health and Safety Code Section 2426, seek the assistance of DPR in interpreting pesticide labeling;
   
2. 
   to require that agencies which establish cooperative agreements with DHS, pursuant to Health and Safety Code Section 2426, maintain adequate records of pesticide applications and to determine that such agencies maintain records that pesticide application equipment is correctly calibrated;
   
3. 
   to forward to DPR, and to a county agricultural commissioner on request, monthly pesticide use reports received from agencies which establish cooperative agreements with DHS, pursuant to Health and Safety Code Section 2426; •
   
4. 
   that the legal requirements associated with the use of restricted materials are in no way altered by (b) and (c) above.
   

1. 
   to notify DHS of any violations of pesticide laws or regulations by agencies which establish cooperative agreements with DHS, pursuant to Health and Safety Code, Section 2426.
   
2. 
   to consider the needs of public health vector control in regulations development and amendment.
   

1. 
   to work cooperatively with persons who have registered or who wish to register pesticides with DPR in developing pesticide labeling which meets the needs of public health vector control programs;
   
2. 
   to cooperate in achieving compliance with legal requirements relating to pesticide use by agencies which establish cooperative agreements with DHS, pursuant to Health and Safety Code Section 2426.
   

1. 
   DPR delegates to DHS responsibility for training, examining, certifying and continuing education of employees of governmental agencies who use or supervise the use of restricted use pesticides in public health programs for the management and control of vectors;
   
2. 
   DHS agrees to develop training, examination and certification programs and materials in a manner which will ensure that federal and state standards and schedules are met. All such programs and materials will be subject to review and approval by DPR.
   

II. Food and Drugs

A. DPR and DHS agree:

1. 
   that DPR has authority over the use of pesticides on produce and processed food, but there is overlapping authority for monitoring pesticide residues;
   
2. 
   that DPR has authority to conduct pesticide monitoring of fresh market produce destined for processing, (Section 12534, Food and Agricultural Code), and produce which has an unknown destination (Sections 12581 and 12582, Food and Agricultural Code);
   
3. 
   that DHS has authority to detect and prevent the adulteration food, including the authority to conduct pesticide monitoring of processed food (Section 26505.5, Health and Safety Code);
   
4. 
   that the two departments will develop jointly a notification plan to be used when produce destined for processing carries an illegal pesticide residue or when fresh market produce carries a residue that presents a health concern.
   

III. Drinking Water

A. DHS agrees:

1. 
   that Section 13152 (c), Food and Agricultural Code, requires state agencies to supply well monitoring data to DPR;
   
2. 
   to supply such data at least every 6 months, and to observe the June 30 cutoff date for DPR's annual report pursuant to Section 13152 (e), Food and Agricultural Code.
   

1. 
   to provide DHS with ground water monitoring results which are confirmed positive for pesticide residues;
   
2. 
   that Section 13148(c), Food and Agricultural Code, requires DPR to report to DHS all monitoring results conducted pursuant to this section;
   

3. 
   to send to DHS the information specified in Section 13144(b), Food and Agricultural Code.
   

IV. Clinical Laboratory Testing

A. DPR and DHS, in order to strengthen DPR's requirement for medical supervision, including required testing for cholines-terase inhibition, agree to:

1. 
   develop jointly a plan to require certified clinical laboratories to use a validated test method for cholinesterase inhibition which will allow comparison of results between laboratories;
   
2. 
   develop jointly a plan to require a quality control program in certified clinical laboratories to ensure the precision and accuracy of this method.
   

V. Control of Infectious Disease via Disinfection

1. 
   that disinfectants are defined as pesticides (Sections 11404, 12753 and 12754.5, Food and Agricultural Code) and are regulated by DPR and that DHS is concerned primarily with the prevention and spread of infectious disease in institutions, such as hospitals, through the use of disinfectants;
   
2. 
   to establish jointly a plan for mutual consultation and sharing of information regarding disinfection-related health problems.
   

DPR and DHS each agree to establish jointly a plan for collaboration and cooperation during pesticide-related environmental and occupational morbidity and mortality investigations.

VII Environmental Epidemiology and Exposure Assessment

A. DPR agrees that there are investigations of health effects, other than those noted in Section VI of this MOU, that are initiated by DHS for the purpose of determining associations between disease and environmental exposure to agents, including pesticides.

2. 
   DHS and DPR agree to establish jointly a plan for cooperating in these investigations.
   

VIII. Formal Consultation

A. to develop a plan for consulting in the preparation of regulations pertaining to pesticides as defined in Sections 11404, 12753 and 12754.5, Food and Agricultural Code, prior to the issuance of public notice;

B. that DHS will have one representative each on the Pesticide Advisory Committee and the Pesticide Registration and Evaluation Committee, established in Section 6252, Title 3, California Code of Regulations;

C. that DPR will have one representative on the Vector Control Advisory Committee established by DHS;

D. to establish jointly a plan to assure that DHS has an appropriate role in the operation of the subcommittee of the Pesticide Registration and Evaluation Committee (Section13150 (b), Food and Agricultural Code), established to investigate pesticide residues in ground water.

IX. Communication of Health Information

A. DPR and DHS agree to establish jointly a plan for consult­ing prior to issuing health alerts, or press releases concerning health concerns relating to persons exposed to pesticide residues.

1. The above agreement is not meant to interfere with the ability of either department to respond to emergencies prior to consultation

X. Implementation Plan

DHS and DPR agree to develop jointly an implementation plan to describe in detail procedures to implement this MOU, and make specific the respective roles of units within the two depart­ments. The goal is to accomplish this within six (6) months from the date this MOU is approved by both parties.

XI. Funding

Establishment of this agreement does not commit any interagency funding. In the event funds become available from any source which could involve interagency utilization, a separate agreement may be prepared.

XII. Effective Date
This agreement shall become effective upon the date of final sig­nature and shall continue in effect until modified by the mutual consent of both parties or until terminated by either party upon a thirty (30) day advance written notice to the other party.

XIII. Dispute and Conflict Resolution

It is the desire of both agencies to establish a speedy, efficient, and informal method for the resolution of interagency conflicts. Conflicts which cannot otherwise be informally resolved will be referred to the Director of DHS and the Director

of DPR.

Department of Pesticide Regulation

BETWEEN

AND THE DEPARTMENT OF FOOD AND AGRICULTURE

Shipping Point Inspection Service
It is agreed and understood that the Shipping Point Inspection Branch of the California Department of Food and Agriculture has been employed as the Inspection Agency of the California Cantaloupe Advisory Board to perform the inspection services required by the Board through seasonal regulations which were effective as of April 15, 1991.

The inspection and certification of cantaloupes in accordance with the provisions of the Cantaloupe Program, and the aforesaid Rules and Regulations established thereunder, shall be performed by the Inspection Agency in accordance with the following expressed conditions:

The Inspection Agency will apply or cause the application of (under direct supervision of Inspection Agency personnel) a Federal-State Lot number to each container of cantaloupes which comply with the provisions of the marketing order. This Federal-State Lot number shall be applied at the inspection point and immediately subsequent to inspection. This number will provide a positive link between the product inspected and the Federal-State Certificate on which it is certified to comply with said marketing order.

Staffing levels and supervision of inspectors will be the responsibility of the Inspection agency only.

The Board shall, at ail times and with sufficient notice to accomplish compilation of reports or records, have free access to any of the Inspection Agency's reports or records pertaining to services performed pursuant to this Memorandum.
ARTICLE III
The Inspection Agency agrees to exercise adequate supervision over employees engaged in this work to insure reasonably efficient service to the industry. Charges for inspection will be billed to handlers and shall be subject to review for conformity with this Memorandum upon the request of said handler or either signatory hereto.

Inspections will be performed at time of packing ("In-Line") for both field and shed operations, however, when a considerable decrease in volume of production is anticipated for field packers, block inspections (at handler's shed or cooler) will be performed at the discretion of the inspection service. The method of inspection determined by the inspection service (field vs. block) for a specific handler shall apply to all product packed during that day by said handler. It is the responsibility of each handler to notify the local inspection agency office (list attached) of when and where inspection coverage is necessary, 24 hours in advance of time of packing.

Handlers who maintain cash accounts with the Inspection Agency will be required to pay at time of inspection or present the inspection agency with a cash advance, the amount of which will be determined by the Inspection Agency supervisor.

Handlers who maintain accounts guaranteed via use of a Surety Bond will be required to pay on invoice. Surety bonds for inspection services will be adequate to cover charges accrued during the two contiguous periods (60 days) of highest packed volume.

late payment penalty will be charged on the past due unpaid balance of any account using the rate and accrual method stated in the Shipping Point Inspection Fee Schedule.

Services performed by the Inspection Agency will be at a rate of $31.00 per hour. Only hours expended traveling to and from the inspection point (portal to portal, beginning travel time from residence or office, whichever is closer) and those hours actually providing inspection and certification services will be charged at the $31.00/hour rate. All training and supervision costs will be included in this rate. There will be no additional overtime or mileage charges for services pursuant to the marketing order.

MEMORANDUM OF UNDERSTANDING

Between the

CALIFORNIA AGRICULTURAL COMMISSIONERS AND SEALERS ASSOCIATION And

The National Agricultural Statistics Service

PROJECT Exchange of California Agricultural Statistical Information
LEADERS President, California Agricultural Commissioner and Sealers Association, and the Administrator, National Agricultural Statistics Service, untied States Department of Agriculture.

LOCATION Sacramento, California

DATE EFFECTIVE July 1 1997

LEGAL AUTHORITY Organic Act: National Agricultural Research, Extension, and Teaching Policy Act of 1977, as amended; and the applicable laws of the United States and the State of California.

OBJECT To establish and maintain a cooperative agreement to coordinate activities between the National Agricultural Statistics Service and the California Agricultural Commissioners and Sealers Association in the collection, analysis and publication of statistical data for California counties. The agreement would reduce respondent burden and limit duplication of effort.

FUNCTIONAL BASIS The National Agricultural Statistics Service, United States Department of Agriculture, hereinafter referred to as "NASS", is charged with the responsibility for a National program of work of long standing in the collection and publication of production marketing statistics. In the conduct of the Federal program, established in accord with Congressional authority and appropriations, the NASS is primarily concerned with National estimates and estimates for individual States.

The California Agricultural Commissioners and Sealers Association, hereinafter referred to as the "CACASA", has numerous responsibilities for managing programs and agricultural enforcement activities at the county level. These programs include, amongst others, compiling an annual crop report and carrying out the 100 percent pesticide use reporting requirement.

The NASS and the CACASA, cognizant of their basic authorities and responsibilities, recognize that certain goals can be most efficiently and economically accomplished by combining their efforts.

Part 1

a) Through the California State Statistical Office,will work with CACASA to eliminate, extent possible, duplicate requests for crop report information from producers and processors.

b) Will provide county agricultural commissioners with commodity data, when available through NASS Federal surveys, that are of value to counties in compiling the county annual crop report when requested in writing by those commissioners

c) Will provide training requested by county agricultural commissioners on a regional basis, to further enhance the crop reporting process.

Part 2

b) Will make available pesticide permit names, addresses and ID numbers on an annual basis.

Part 3

a) This Memorandum of Understanding is to define in general terms the basis on which the parties concerned will cooperate, and does not constitute a financial obligation to serve as a basis for expenditures. The responsibilities assumed by each of the cooperative parties are contingent upon their respective authorizations under Federal or State statutes.

b) It is of the utmost importance to protect confidential information, including the data itself as well as the source. In the case of Federally-collected information, counties will a bide by U.S. Code, Title 7, Section 2276 which (1) prohibits use of voluntarily supplied data for any purpose other than the development or reporting of aggregate data, (2) prohibits disclosing information to the public which does not protect the identity of the person supplying the data, (3) specifically states that individual reports shall be immune from mandatory disclosure, including the legal process, and (4) shall not be admitted as evidence or for any other purpose in any action, suit, or other judicial or administrative proceeding. For county-collected information, NASS will adhere to the same confidentiality requirements.

c) Nothing herein or in the performance of the work contemplated hereunder shall be used for the political advancement or advantage of any official or employee of either party to this Memorandum of Understanding.

d) Both the NASS and the CACASA reserve their respective rights to collect other information than that relating to the joint program of work covered by this agreement, and such data may be obtained from any sources and by any means available.

MEMBER OF CONGRESS No member of or delegate to Congress, or resident commissioner, shall be admitted to any share or part of this agreement or to any benefit that may arise there from.

DURATION This Memorandum of Understanding shall continue in force indefinitely; PROVIDED, however, that this Memorandum of Understanding may be terminated or amended at any time by mutual consent, or by either party hereto, by giving written notice to the other party not less than 30 days in advance of the desired date of termination.

Mark Togrfazzini, President Date

and Sealers Association

Donald Bay, Administrator Date

National Agricultural Statistics Service

U.S. Department of Agriculture

MEMORANDUM OF UNDERSTANDING

between

CALIFORNIA AGRICULTURAL COMMISSIONERS AND SEALERS

ASSOCIATION

CALIFORNIA RESOURCES AGENCY

U.S. DEPARTMENT OF AGRICULTURE, ANIMAL PLANT

HEALTH INSPECTION SERVICE

U.S. DEPARTMENT OF AGRICULTURE, FOREST SERVICE

U.S. DEPARTMENT OF DEFENSE, AIR FORCE

U.S. DEPARTMENT OF THE DEFENSE, ARMY

DEPARTMENT OF THE ARMY, U.S. CORPS OF ENGINEERS,

SOUTH PACIFIC DIVISION

U.S. DEPARTMENT OF INTERIOR, FISH AND WILDLIFE SERVICE

U.S. DEPARTMENT OF INTERIOR, BUREAU OF INDIAN AFFAIRS

U.S. DEPARTMENT OF INTERIOR, BUREAU OF LAND MANAGEMENT

U.S. DEPARTMENT OF INTERIOR, BUREAU OF RECLAMATION

AND OTHERS

The purpose of this Memorandum of Understanding is to coordinate the management of undesirable plants on Federal and State Lands. Additional agreements between agencies or groups for this purpose may be developed to outline activities by and between individual work units as needed for specific tasks. Such agreements will provide for the use of facilities, personnel, reimbursements for personnel expenses, cooperative projects, transfer of funds, and other activities as appropriate and be subject to the laws and regulations pertaining to the respective agencies. Priority will be placed on the eradication, control or containment of "A" rated weed species and localized infestations of "B" and "C" rated weed species according to California Administrative Code 4500 and as defined in other undesirable plant species will be addressed on a case by case basis. A common goal for all parties is to minimize the populations of undesirable and noxious plants and to enhance the overall natural bio-diversity of ecosystems in concert with the Memorandum of Understanding titled "The Agreement on Biological Diversity" of September 19, 1991.

INTENT
This Memorandum of Understanding is to further the intent of the Federal Noxious Weed Act of 1974, as amended and the parties agree to regulatory or other requirements where doing so would further this intent.
OBJECTIVES
1. Coordinate the management of undesirable plants on federal land, state and

private lands where such lands are associated together with manageable infestations or threats of infestations of undesirable plant species.

Understanding regarding locations of infestations, management techniques, and

strategies for managing undesirable plants.
4. Identify opportunities between agencies for the further development of joint or

cooperative management projects for specific locations needing undesirable

plant management.
ROLES OF THE PARTIES
CALIFORNIA DEPARTMENT OF FOOD AND AGRICULTURE
1. Provide a current list of "Pest Ratings of Noxious Weed Species and Noxious

Weed Seed" from the California Department of Food and Agriculture to all signing agencies.

with the County Agriculture Commissioner and the affected agency.

Understanding.

for undesirable plant management.

become established and could be disseminated to other locations.

4. 
   Send out annual reports concerning eradication activities and acreage to all
   

CALIFORNIA AGRICULTURAL COMMISSIONERS

regulations.

noxious weeds.

funding are available.

Recreation, and California Department of Fish and Game. All actions will be

undertaken only within the limits of existing funds and authority of these departments.
2. Encourage means for providing shared funding for undesirable or noxious plant

management through individual cooperative agreements between the respective

department and the California Department of Food and Agriculture.
3. Consult and cooperate with other agencies as appropriate in the development of

necessary environmental documents and the resulting decisions.

jurisdiction of that respective agency, in coordination with the California Department of Food and Agriculture, California Agriculture Commissioners, and

other agencies and land owners as appropriate.
2. Encourage means for providing shared funding for undesirable or noxious plant

management through individual cooperative agreements between the respective

agency and the California Department of Food and Agriculture and/or the California Agriculture Commissioners. All actions by the federal agencies are

subject to the availability of funding.

necessary environmental documents and the resulting decisions concerning

management of undesirable or noxious plants.
THE UNDERSIGNED PARTIES MUTUALLY AGREE To:
1. Designate an individual from each agency to coordinate undesirable plant management with other agencies. Each agency should appoint a designated

individual within 30 days of signing this memorandum and identify any replacement thereafter.

Understanding to share information on undesirable plant species and various

methods of prevention and control. This group will meet at least annually.
3. Cooperate with each other in the eradication or containment of state-rated "A"

noxious weeds and "B" and "C" rated noxious weed species where feasible

opportunities exist. The California Department of Food and Agriculture may be

limited by statute and/or funding to participate in the management of undesirable plant species not identified on the above lists.

reseeding with native species, etc.