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| . Institutional Approval.
Each application shall be approved by the head of the institution or branch or by the person designated by him at that location who shall be responsible for approval of all applications from said institution or branch and conformance with the rules and regulations. VI. Communications. Copies of all correspondence relative to use of restricted or prohibited species in research institutions by any signatory of this agreement will be sent to all signatories. /S/ CHARLES PAUL Director, Department of Food and Agriculture /S/ W. H. SHANNON Director, Department of Fish and Game /S/ MALCOLM W. MERRILL Director, Department of Health December 16, 1964 Date
MEMORANDUM OF UNDERSTANDING California Department of Food and Agriculture and the
California Agricultural Commissioners and Sealers Association Control of Injurious Field Rodents Crop damage by wildlife places a responsibility upon public agencies. These include the U.S. Department of Agriculture, Animal Plant Health Inspection Service, Animal Damage Control, the California Department of Fish and Game, the California Department of Food and Agriculture and the County Agricultural commissioners. The California Department of Food and Agriculture and the County Agricultural Commissioners who are involved in such activities are charged with certain regulatory duties in agricultural pest control. In field rodent control these duties and requirements for voluntary participation include: A. To provide information, methods and assistance in methods and procedures for preventing loss or damage to crops, pastures, landscape, and irrigation structures. Under consultation and agreement provide assistance in controlling rodents in order to prevent crop damage. Counties may charge for this service. B. To apply control measures in areas designated by the Department of Health Services as reservoirs of rodent-borne diseases transmissible to man in accordance with Section 482 and 6021 to 6024 of the California Food and Agricultural Code. Commissioners involved in this activity carry responsibility for the duty of providing reasonable means of relief from damage with the least harm to non-offending species. The primary obligations of agencies engaged in the control of injurious field rodents are conservation, crop protection, preservation of the public welfare and our efforts are directed toward these ends. Field rodent control procedures in order to be effective and justifiable, require definite policies and methods and strict adherence to these. The following are the agreed upon policies and responsibilities of the California Department of Food and Agriculture and the County Departments of Agriculture when conducting field rodent control activities. 1. All rodenticides employing the use of cereal grains intended for exposure either above or below ground are to be dyed in accordance with departmental recommendations. 2. Cereal grains of size or kind that are readily taken by birds are not to be used if another satisfactory grain is obtainable. 3. Determination of Acceptability of both untreated and treated grains shall be made prior to beginning control programs supervised by state or county personnel. 4. Field inspections should be made frequently to determine that control efficiency is maintained and that neither under baiting nor excessive over baiting will occur. 5. Where storage and handling requirements are specifically set forth by Department of Pesticide Regulation, such requirements shall be followed. 6. All other rodenticides, including fumigants, shall be handled in such a manner as to provide the greatest possible safety to persons, livestock, game animals and threatened or endangered species. 7. Prior to conducting any control measures an evaluation must first be conducted so as to identify any potential hazards to endangered or threatened species and appropriate mitigation measures shall be taken to prevent undue damage to such species. 8. Any known injury caused by control methods to persons, livestock, or wildlife, shall be reported to the Director immediately. Replaces CPS-VI originally adopted in Pasadena, May 15, 1964, and reaffirmed December 6, 1968. Edited and revised December, 1974. Amended and reaffirmed May 23, 1975. Amended and reaffirmed May 17, 1983. Edited and revised January 1995. MEMORANDUM OF UNDERSTANDING California Department of Food and Agriculture and the California Agricultural Commissioners Association Control of Injurious Bird Species Crop damage by wildlife places a responsibility upon public, agencies. These include the U.S. Bureau of Sport Fisheries and Wildlife, the California Department of Fish and Game, the California Department of Food and Agriculture, and the County Agricultural Commissioners. The California Department of Food and Agriculture and the County Agricultural Commissioners are charged with certain regulatory duties in agricultural pest control. This responsibility carries with it the duty of providing reasonable means for relief from damage caused by depredating birds and with the least harm to non-offending species. Bird depredations are usually localized and for that reason widespread campaigns to relieve damage are not undertaken but the relief sought is confined to the area involved. The primary obligations of official agencies engaged in control of injurious bird species are: conservation, crop protection and the preservation of public welfare. Our efforts are directed toward these ends. Bird control procedures, in order to be effective and justifiable, require definite policies and methods and strict adherence to these. The following are the responsibilities of the California Department of Food and Agriculture and the County Agricultural Commissioners. 1. Actual damage or a definite threat of damage to crops must be determined by investigation, and a survey and decision made that the damage is or is likely to be sufficiently extensive to warrant more drastic steps than deterrent or repellent methods commonly available. 2. Agricultural regulatory agencies will participate in control of birds with treated bait materials only if such control can be conducted under the supervision of a Department field representative or the Agricultural Commissioner. 3. There shall be adherence to officially recognized methods and techniques and there shall be follow-up observations of the treatments made. 4. Records shall be kept of the work done and a summary thereof included in the annual report filed with the Director of the California Department of Food and Agriculture. 5. County Agricultural Commissioners shall report to the Secretary of the Interior as required by Section 21.44, Part 21, Subpart D, Chapter 1, Title 50, of the Code of Federal Regulations. 6. The control of crop depredating birds with the use of toxic baits shall not be done except where the Agricultural Commissioner determined that such toxic bait may be used safely. 7. There shall be adherence to laws and regulations governing protected and migratory bird species. 8. Any known injury caused by control methods to persons, livestock, or wildlife shall be reported to the Director immediately. A six-year study of bird control methods under field conditions was made from 1929 to 1935 by S. E. Piper and Johnson A. Neff of the U. S. Fish and Wildlife Service. Their recommendations entitled, "Procedures and Methods for Controlling Birds Injurious to Crops in California" consist of: (1) General Procedure; (2) Control Methods; and (3) Bait Formulas. These were issued only to County Agricultural commissioners. The following instruction is noted in that portion devoted to "General Procedure": "Upon receipt of a report of damage to crops by birds by the County Agricultural Commissioner's office, an inspection should be made of the premises involved. In no official agency is the killing of birds under its jurisdiction permitted without such inspection. Regulations 1/ under the Federal migratory Bird Treaty Act specifically provide for investigation of requests for permission to kill any bird protected under this treaty." The same general provision is found in the California Fish and Game Code relative to permission to protect property against depredations.2/ 1/ See Sections 21.41, 21.42, 21.43 and 21.44 of Part 21, Subpart D. Chap. 1 of Title 50 - Wildlife of the Code of Federal Regulations. 2/ Applicable Fish and Game Code Sections are 2000, 3005, 3511, 3513, 3800, 3801, and 3801.5. Replaces CPS-V2 originally adopted in Pasadena, May 15, 1964; reaffirmed December 5, 1968. Edited and revised December, 1974. Amended and reaffirmed May 23, 1975. Amended and reaffirmed May 17, 1983. Edited and revised January 1995. /S/ 8/25/83 (Executive Secretary) (Date) Concurred in by the Director California Department of Food and Agriculture: /S/ 8/25/83 (Director) (Date) May 17, 1983 Rare and Endangered Species JOINT POLICY STATEMENT of the
California Department of Food and Agriculture, California Department of Fish and Game, and the California Agricultural Commissioners Association Regarding Rare or Endangered Species The California Department of Food and Agriculture, California Department of Fish and Game, and the California Agricultural Commissioners Association realize that there may be hazards with certain applications of toxicants for the control of vertebrate pest animals in specific areas identified by the Department of Fish and Game inhabited by rare or endangered species of mammals, birds, amphibians, reptiles and fish. It is the purpose of this document to state the policy that will be followed by the California Departments of Food and Agriculture and Fish and Game, and the California Agricultural Commissioners Association to eliminate or mitigate these hazards while recognizing the need to preserve our food supply. Each county or state's proposed vertebrate pest animal control program within the range of rare or endangered animal species shall be reviewed annually by the Department of Fish and Game to ascertain the actual threat to any of these species. Annual programs shall be provided to Pesticides Investigations, Department of Fish and Game, Field Station, no later than February 1 of the program year. The Department of Fish and Game will acknowledge the receipt of each program submitted. Problems for rare or endangered species associated with vertebrate pest animal damage control programs will be identified by the California Department of Fish and Game and transmitted to the California Department of Food and Agriculture and the agricultural commissioner of the affected county. Any problem that cannot be resolved shall immediately be referred to the highest level of authority needed for resolution. This policy statement will be reviewed annually and at any other time a problem is identified by a party of the agreement. Adopted by the California Agricultural Commissioners Association _____________________________ ________________ Executive Secretary Date Concurred in by the Director, California Department of Food & Agriculture _____________________________ ________________ Date
Concurred in by the Director, California Department of Fish and Game: ______________________________ _________________ Date
Reissued – May 25, 1984
Aleutian Canadian Goose* JOINT POLICY STATEMENT of the California Department of Food and Agriculture California Department of Fish and Game and the California Agricultural Commissioners Association Regarding Threatened and Endangered Species The California Department of Food and Agriculture, California Department of Fish and Game, and the California Agricultural Commissioners Association realize that there may be hazards with certain applications of toxicants for the control of vertebrate pest animals in specific areas identified by the Department of Fish and Game inhabited by the Aleutian Canada goose. It is the purpose of this document to state the policy that will be followed by the California Departments of Food and Agriculture and Fish and Game, and the California Agricultural Commissioners Association to eliminate or mitigate these hazards during vertebrate pest control activities. "The use of toxic baits for rodent or bird control during the months of October through April may pose a hazard to the migratory Aleutian Canada goose known to be found in the following counties: Butte, Colusa, Contra Costa, Del Norte, Glenn, Humboldt, Merced, San Joaquin, Solano, Stanislaus, Sutter and Yolo. Baits may not be used in areas where adverse impact on the Aleutian Canada goose is likely. Prior to making applications, the user of toxic baits must contact either the regional U.S. Fish and Wildlife Service office (Endangered Species Specialist) or personnel of the California Department of Fish and Game Investigations Unit. Restrictions on application times and methods may be necessary in marshlands, levees and dikes, grain pasture, alfalfa and other herbaceous crops, on a case by case basis. Use may further be restricted to hand baiting during September in northern counties. Follow-up surveys and bait removal may be required." *The Environmental Protection Agency has requested a Joint Policy Statement concerning vertebrate pest control operations within the range of the Aleutian Canada goose. This policy statement will be reviewed annually and at any other time a problem is identified by a party of the agreement. Adopted by the California Agricultural Commissioners Association: /S/ 3-3-87 Executive Secretary (Date) Concurred in by the Director, California Department of Food and Agriculture: /S/ 3-9-87 (Date)
/S/ 4-17-87 (Date)
MEMORANDUM OF UNDERSTANDING CALIFORNIA AGRICULTURAL COMMISSIONERS ASSOCIATION CALIFORNIA DEPARTMENT OF FOOD AND AGRICULTURE AND THE CALIFORNIA DEPARTMENT OF HEALTH REGARDING Pesticide Use in Public Health Vector Control The California Department of Food & Agriculture is the primary state agency responsible for pesticide regulation pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act, as amended, and the statutes of the State of California. It registers pesticides, and in cooperation with County Agricultural Commissioners and other agencies, conducts a comprehensive regulatory program to assure that pesticides are used safely and legally. The California Department of Health, through its Vector & Waste Management Section, provides technical guidance and program support to the State's local vector control agencies in protecting public health. Such guidance and support includes oversight on the use of pesticides and other vector control techniques. By means of a cooperative agreement (pursuant to Health & Safety Code Sec. 2426) local agencies voluntarily formalize this relationship. Sec. 11408, Food & Agriculture Code, exempts from the definition of agricultural use, pesticides applied by agencies signatory to the cooperative agreement. The Department of Food & Agriculture has during recent years granted to signatory agencies exemptions from several pesticide use regulations. This Memorandum of Understanding is to clarify the roles, relationships, and responsibilities of the Department of Food & Agriculture, the County Agricultural Commissioners, and the Department of Health in achieving safe and effective use of pesticides in local governmental programs designed to protect the public health from disease-transmitting, injurious and discomforting insects and other organisms. This agreement does not commit any interagency funding. The Department of Health agrees: 1. To identify discrepancies between pesticide labeling and the intended and needed use of pesticides in public health pest (vector) control and to seek legal clearances to meet these needs. 2. To determine that signatory agencies maintain records showing that pesticide application equipment is correctly calibrated. To cooperate in developing pesticide labeling which meets the needs of public health pest control programs. 3. To determine that signatory agencies maintain adequate records of application. 4. To forward to the Department of Food & Agriculture monthly pesticide use reports received from signatory agencies. The Department of Food & Agriculture and the County Agricultural Commissioners agree: 1. To notify the Department of Health of any actual or alleged violations of pesticide laws or regulation by signatory agencies. 2. To consider the needs of public health pest (vector) control programs in regulations development and amendment, and (where appropriate within the limits of statute) to exempt signatory agencies from regulation provisions which would otherwise hinder rather than enhance public health protection. The Department of Food & Agriculture, the County Agricultural Commissioners, and the Department of Health mutually agree: 1. To cooperate in developing pesticide labeling which meets the needs of public health pest control programs. 2. To cooperate in achieving compliance with legal requirements relating to pesticide use by signatory agencies. /S/ Date 5-22-78 Richard E. Rominger, Director California Department of Food & Agriculture
Thomas E. Corn, President California Agricultural Commissioners Association
Edwin W. Beach, Director California Department of Health CDFA Public Information Protocol for Emergency Pest Eradication Projects, in Compliance with the Statutory Requirements of AB 3886 and AB 3989
A. Telephone Hotline Telephone hotline will be established by CDFA to provide local residents with information. Two separate lines will be installed; one to answer general project questions, and the other to respond to health-related questions. The health related questions will be answered by the local county health department. Additional expenses resulting from this activity will be reimbursed by CDFA. This telephone system will be arranged early enough so that phone numbers can be included in written notification to residents and can also be made available to the public through inclusion in the news release announcing the eradication program. Binders containing answers to most-frequently asked questions related To health concerns will be developed by CDFA in consultation with the State Department of Health Services (DHS). These binders will be used by persons answering health-related telephone hotline. B. Written Notification 1. Area Residents Written notification in the form of a flyer will be hand-delivered by CDFA or its cooperators to each residential unit in the treatment area at least 72 hours before the first pesticide application begins, or, in a declared emergency situation, at least 24 hours before treatment. If hand-delivery of this notice is not possible, notification may be made by first-class mail as long as it is delivered 72 hours (or in the case of emergencies 24 hours) in advance of treatment. The written notification shall contain the following information:
In cases where over 5 percent of the residents of a treatment area are Spanish-speaking, written notification shall be printed in both English and Spanish. 2. Area Physicians CDFA and DHS will meet with local health authorities to develop a plan to inform area physicians, clinics, hospitals, and emergency rooms of possible public health concerns. A toxic profile of each pesticide to be used will be prepared for distribution to the medical community. Physicians practicing within the eradication area will be notified about the eradication project and health-related issues via first-class mail, regardless of whether their practice is located within any treatment zone. Physician notifications will include a description of the project, toxic profile of each pesticide to be used, and where to obtain further toxicological or other health-related information. Preferably this notification will be made in conjunction with the local medical society and the local county health department. D. Notice of Application Schedule Changes If an emergency or weather-related problem causes a change in the application schedule, CDFA Information Officers will apprise all local broadcast media of the change, so that residents will be kept informed. If the change is due to reasons other than an emergency or weather-related problem, revised written notices will be distributed. /S/ 2/20/85 California Department of Food and Agriculture Date /S/ 2/26/85 California Department of Health Services Date MEMORANDUM OF UNDERSTANDING BETWEEN THE DEPARTMENT OF FISH AND GAME, THE DEPARTMENT OF PESTICIDE REGULATION. AND THE CALIFORNIA AGRICULTURAL COMMISSIONERS AND SEALERS ASSOCIATION Ensure that Pesticides registered in California are used in a manner that protects non-target fish and wildlife resources
The Department of Fish and Game (DFG), the Department of Pesticide Regulation (DPR), and the County Agricultural Commissioners (CAC.s) have responsibilities relating to the protection of fish and wildlife resources and the protection of the environment from the potentially adverse effects of pesticides. The three parties believe that the State will benefit by a unified and cooperative program to assure the protection of fish and wildlife and the environment related to the use of pesticides. The purpose of this Memorandum of Understanding (MOU) between DFG, DPR, and the California Agricultural Commissioners and Sealers Association (CACASA) is to ensure that pesticides registered in California are used in a manner that protects non-target fish and wildlife resources while recognizing the need for pest control.
This MOU is intended to assure that the respective authorities of DFG, DPR, and CACs relative to the protection of fish and wildlife resources from the potential adverse impacts of pesticides will be exercised in a coordinated and cohesive manner designed to eliminate overlap of activities, duplication of effort and inconsistency of action to the benefit of the public, regulated industry. DFG. DPR, and CACs. To that end, this MOU establishes principles of agreement regarding activities of the signatory parties, identifies primary areas of responsibility and authority between the departments, provides methods and mechanisms necessary to assure ongoing coordination of activities relative to such purposes, and outlines a process for the resolution of interagency conflicts. This MOU also describes how the agencies will work cooperatively to achieve the goals of the respective departments. STATUTORY AUTHORITIES The DFG is the lead agency for protecting, conserving, and perpetuating fish and wildlife resources in California. The DFG manages all fish, wildlife, and plant resources and the habitats upon which they depend for their ecological values and their use and enjoyment by the public. Sections 1301, 1600, 1700, 1 02. 1900, and 2701 of the Fish and Game Code (FGC) list specific authorities and policies associated with the management of fish and wildlife resources in California by DFG, including threatened and endangered species of fish, wildlife, and plants. DPR is the lead agency for pesticide regulatory in California. The Food and Agricultural Code (FAC), as amended by the 1991 .Governors Reorganization Plan No 1. charges DPR with the responsibility of regulating pesticides for the protection of public health and the environment. Divisions 6 and 7 of FAC are the statutory authority for regulating the registration, sale, and use of pesticides. The Director of DPR is responsible for enforcing Division 6 and specific portions of 7, and the regulations which are issued pursuant to them. FAC Section 11501 states that one of the purposes of Division 6 (Pest Control Operation) and Chapters 1-3.5 of Division 7 (Agricultural Chemicals) is to protect the environment from harmful pesticides by prohibiting, regulating, or controlling their uses. Section 14102 FAC requires that the Director consider the effect of all pesticides upon the environment and take whatever steps are deemed necessary to protect the environment. Section 14103 FAC states that in establishing criteria or regulations relating to environmental injury and protection the Director shall consult with representatives from several agencies, including DFU for fish and wildlife resources. The local administration of DPR’s pesticide regulatory program is the responsibility of the CACs with coordination and training provided by DPR. The CACs enforce pesticide laws and regulations and evaluate permit requests for the use of restricted pesticides. In addition, the CACs monitor and inspect pesticide handling and use operations, investigate suspected pesticide misuse, and take enforcement action against violators. PRINCIPLES OF AGREEMENT The DFG. DPR, and the CACASA agree that the use of certain pesticides may present a hazard to non-target fish and wildlife resources. In order to provide for better protection of fish and wildlife resources, DFG, DPR, and the CACASA mutually agree to: 1. Implement a formal notification system of pesticide incident monitoring to ensure mutual awareness of injuries and deaths on non-target fish arid wildlife resources attributable to pesticides and suspected violations of pesticide laws and regulations. Establish formal procedures for coordinating investigations of incidents involving the injury or death of non-target fish and wildlife resources. Coordinate enforcement actions when violations are found. Coordinate any laboratory analyses necessary for the investigation of injuries or deaths of non-target fish and wildlife resources. 2. Promote both technical and policy consultations concerning fish and wildlife , such as the Pesticide Advisory Committee, the Pesticide Registration and Evaluation Committee, the Endangered Species Advisory Group, and meetings. as well as through informal staff exchanges of information. The agencies will provide technical assistance to each other upon request. Share information on pesticide formulations and environmental fate and toxicity of pesticide active ingredients, inert ingredients and breakdown products. A. A procedure will be established under which DPR will notify DFG of applications or registration of new products and notices of proposed and final registration decisions. A procedure will be established under which DPR will provide DF’G with access to data and information on file with DPR. Procedures will be established to protect proprietary information. B. A procedure will be established under which DFG will provide DPR with any information they receive or develop on potential adverse effects of pesticides proposed for registration or currently registered pesticides. DPR will review any such information and respond appropriately as outlined in FAC Sections 12825 and 12826, and in CCR Title 3 Sections 6220 and 6221. 3. For purposes of enforcing FGC Section 5650, the USC of an economic poison, as defined, in FAC Section 12753, will not be considered a substance or material deleterious to fish, plant life, or bird life provided that the pesticide is used in full compliance with the label and any requirements established by the DPR or a CAC in the county where the application occurred. 4. DPR, in consultation with the Pesticide Investigations Unit of DFG, will: A. Identify and regulate the use of economic poisons which may prove eleterious to non-target fish, plant life, or bird life when applied near or into waters of this state B. Identify mitigation measures for pesticide uses which are found to be eleterious to non-target fish and wildlife resources which will be published and distributed to the CACs as best management practices (BMP) or incorporated into regulation; and C. Review any significant losses or detrimental effects to non-target fish and wildlife resources which may still arise from the use of these economic poisons and revise the mitigation program as necessary. 5. Develop an implementation plan to describe in detail procedures to implement specific sections of this MOU. DISPUTE AND CONFLICT RESOLUTION It is the desire of the parties to establish a speedy, efficient, and informal method for the resolution of interagency conflicts. Conflicts between DFG. DFR, and CACs which cannot otherwise be informally resolved will be referred to the Director of DFG, the Director of DPR, and the president of the CACASA. To assist the parties in resolving conflicts, one staff person will be appointed each by the Director of DFG, the Director of DPR and the president of CACASA representing the interests of the signatories of this MOU. This MOU shall become effective upon the date of final signature and shall continue in effect until modified by the mutual v consent of the parties or until terminated by any party upon a 30-day advance written notice to the other parties. DEPARTMENT OF FISH AND GAME
Mr. Boyd Gibbons, Director Date DEPARTMENT OF PESTICIDE REGULATION
Mr. James W. Wells, Director Date CALIFORNIA AGRICULTURAL COMMISSIONERS AND SEALERS ASSOCIATION Original Signed by Mr. Gerald A. Benincasa 1/26/95 Mr. Gerald A. Benincasa, President Date COOPERATIVE AGREEMENT BETWEEN
and the Department of Fish and Game Concerning Fish and Wildlife Losses Suspected from Use of Pesticides or Other Agricultural Chemicals
Howard D. Carper, Director Department of Fish and Game
Clare Berryhill, Director Department of Food and Agriculture
Donald O. Cripe, President California Agricultural Commissioners Association Enforcement Action in the State of California COOPERATIVE AGREEMENT BETWEEN THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, REGION IX, THE CALIFORNIA& DEPARTMENT OF PESTICIDE REGULATION, AND THE CALIFORNTA AGRICULTURAL COMMISSIONERS AND SEALERS ASSOCIATION The U. S. Environmental Protection Agency, Region IX, Pesticide Office (hereinafter U.S. EPA), The California Environmental Protection Agency, Department of Pesticide Regulation (hereinafter DPR), and The California Agricultural Commissioners and Sealers Association (hereinafter CACASA), in order to ensure a unified and coordinated program of pesticide episode reporting, investigation, and enforcement action in the State of California, hereby enter into this cooperative agreement. I. DEFINITIONS A. “Episode” means any event, which appears to involve a violation of the pesticide use provisions of the Federal Insecticide, Fungicide, and Rodenticide Act (hereinafter FIFRA), or potential or actual illness, damage, harm, loss, or contamination where there is a reasonable possibility that the event could have resulted from the use or presence of a pesticide. B. “Priority Investigation’ means the investigation of an episode that appears to meet one or more of the effects criteria listed in Appendix A of this agreement. II. LEGAL AUTHORITY A. U.S. EPA is responsible for administering and enforcing FIFRA, as amended (7 U. S. C. Section 136 et seq.) FIFRA section 26 specifies that for the purposes of this Act, a State shall have primary enforcement responsibility for pesticide use violations (primacy) when the State has adopted and is implementing adequate use regulations or has entered into a cooperative agreement with U.S. EPA specific to pesticide enforcement. FIFRA section 27 addresses failure of a State to assume enforcement of State pesticide regulations and authorizes U.S. EPA to override or rescind a grant of primacy in certain situations. Appendix B, the Section 26/27 Final Interpretive Rule (published in the Federal Register on January 5, 1983), clarifies U. S. EPA’s interpretation of FIFRA section 26 and FIFRA section 27 regarding procedures for issuing, overseeing, and rescinding a State’s primacy over pesticide use violations. The rule outlines under what conditions U. S. EPA may act upon pesticide use complaints. FIFLA section 12(a)(2)(G) sets forth as an unlawful act the use of any federally registered pesticide in a manner inconsistent with its labeling. FIFRA section 9(c)(3) and FIFRA section 14 provide for written warnings, and for civil and criminal penalties for violations of FIFRA provisions. FIFRA section 23(a)(1) empowers the Administrator of U.S. EPA to “enter into cooperative agreements with States... to cooperate in the enforcement of this Act.” The authority to enter into such agreements has been delegated to the Regional Administrators of U.S. EPA. DPR and County Agricultural Commissioners (hereinafter CACs), are responsible for administering and enforcing the provisions of Division 6 and Division 7, of the California Food and Agricultural Code (hereinafter FAC) (FAC section 1 et seq.). FAC section 12973 provides that “the use of any pesticide shall not conflict with labeling… which is delivered with the pesticide.” FAC section 12931 provides the Director of DPR shall make such investigations as are necessary for the full enforcement of Division 7, Chapter 2. FAC section 11737 empowers the CACs to determine whether any person is operating any equipment or facility in violation of Division 7 of the FAC. FAC section 482 empowers the Director of DPR to enter into cooperative agreements with CACASA for the purpose of enforcing Divisions 6 and 7. Business and Professions Code (hereinafter B&P Code) sections 8616, 8616.4, and 8616.5 designates DPR and CACs as the lead in the investigation of the structural use of pesticides. Health and Safety Code (hereinafter H&S Code) section 105200 authorizes the CAC to be involved in the investigation of illnesses suspected of being caused by pesticides. III. COORDINATION A. Each party in this agreement will designate an individual whose function shall be to coordinate the activities set forth in this cooperative agreement. B. Any party to this agreement may request a meeting for purposes of consulting by contacting the other parties to the agreement. IV. EPISODE REFERRAL U.S. EPA, DPR, and CACASA, by signing this document, each agree to promptly report, as outlined below, all episodes meeting or appearing to meet one or more of the priority investigation effects criteria listed in Appendix A. Identifying Party Will Notify________________ U.S. EPA DPR who will notify CAC DPR CAC and U.S. EPA CAC DPR who will notify U.S. EPA V. INVESTIGATIONS A. The party normally responsible for the investigation of an episode shall be the CAC where the event occurred. For episodes that involve more than one county, or where it is not appropriate for the CAC of occurrence to investigate, DPR will designate the agency that will conduct the investigation. B. DPR will advise the CAC in the investigation upon request from the CAC. DPR may elect to become involved and/or take the lead role in an investigation after consulting with the CAC. C. The U.S. EPA will assist, advise, or conduct investigations or inspections only after consulting with DPR and the involved CAC. D. Priority investigations, will commence immediately, whenever possible, but in no event will the investigation commence later than three working days from the referral to the CAC. E. The U.S. EPA may participate in at least one priority investigation per year in cooperation with DPR and CAC. VI. INVESTIGATION REPORTS A. The CAC conducting the field investigation will keep DPR apprised of the major developments in all priority investigations. DPR will, in turn, keep U.S. EPA apprised of the major developments in all priority investigations. B. The reports and summaries, and any enforcement action resulting from any priority investigations, will be promptly filed with DPR, and the U.S. EPA upon conclusion of the investigation. The investigative reports will contain all available evidence to support state and federal enforcement action when violations are indicated. C. DPR will provide the U.S. EPA with a summary report for each episode that resulted in a priority investigation. The manner in which the DPR will track and report on priority investigations is outlined in Section VIII - Implementation Plan. VII. ENFORCEMENT A. Nothing in this agreement will preclude DPR and/or the CAC from undertaking any enforcement action with respect to any act that constitutes a violation of State law. Nothing in this agreement will preclude the U.S. EPA from undertaking any enforcement action with respect to any act that constitutes a violation of FIFRA B. The U.S. EPA will discuss with DPR and the CAC involved the appropriateness of initiating federal enforcement action against pesticide users alleged to be in violation of FIFRA section 12(a)(2)(G). Any enforcement action that may be taken by the U.S. EPA will conform to the guidance of the Final Interpretive Rule pertaining to State primacy for use enforcement responsibility. VIII. IMPLEMENTATION PLAN A. When DPR learns of an episode that appears to meet one or more of the priority investigation effects criteria, it will complete the Pesticide Episode Notification Record (Appendix C) and send it to the U.S. EPA, the CAC, and other agencies as appropriate as soon as possible. B. Within 15 days of receipt of the Pesticide Episode Notification Record, DPR will prepare an updated report of the CAC’s preliminary findings and forward it to U S. EPA. This report should include an update of the initial information reported, the CAC’s projected completion date of the investigation, any suspected violations that contributed to the episode, and any contemplated enforcement action. C. U. S. EPA will notify DPR of episodes for which additional status updates are desired. DPR, in cooperation with the CACs, will provide either oral or written updates of the investigation findings, suspected violations, and contemplated enforcement actions, including penalty amounts under consideration. The frequency of the additional updates will be mutually agreed upon by U. S. EPA, DPR, and CAC on a case-by-case basis and will depend, in part, upon how the investigation is proceeding. D. The CAC shall submit the completed investigation report; including all supporting documents, to DPR within 45 days of completion of the investigation. DPR will provide a final Pesticide Episode Investigation Report summarizing the CAC’s findings and enforcement action to the U.S. EPA within 30 days of receipt of the completed investigation. The report form may be submitted indicating pending enforcement action. IX. DISPUTE AND CONFLICT RESOLUTION It is the desire of all parties to establish a speedy, efficient, and informal method for the resolution of conflicts. In the event of a disagreement about the interpretation or implementation of any section of this agreement, that cannot be resolved informally, a joint meeting of the Manager of the Pesticides Office of U.S. EPA Region 9, the DPR Enforcement Branch Chief and the CAC involved, will be convened to resolve the conflict. If the conflict is not resolved at this level, the issue will be elevated to the next level of management at U.S. EPA and DPR. X. TERMS This cooperative agreement, when accepted by all parties, will be valid until modified or terminated. This cooperative agreement may be modified, at any time, by the mutual written consent of all parties, or terminated by any party upon a 30-day advance written notice to the other parties. Any party may initiate a review of the agreement, for the purpose of modification, at any time, XI. PROGRAM EVALUATION The U.S. EPA and DPR will review Pesticide Episode Notification Records, 15-day Reports, Final Pesticide Investigation Reports and other available summary information periodically through the year. The focus of this evaluation will be on investigative techniques and resultant enforcement action to assure U.S. EPA that the State is meeting the requirements of Section 26 of FIRFA. The U. S. EPA may request a copy of the complete investigation and/or inspection file for any episode. U. S. EPA may also review DPR county oversight activities when appropriate. XII. REVIEW Annually, DPR will initiate a meeting of U.S. EPA, DPR, and CACASA to review the performance of all parties to the agreement and discuss issues pertaining to the agreement and any desired modifications. 
Appendix A PRIORITY INVESTIGATION EFFECTS CRITERIA HUMAN EFFECTS Death, serious injury or illness (any injury or illness requiring hospital admission as ‘inpatient status”) or any single injury or illness episode involving five or more persons. Investigations of suicides and suicide attempts shall follow procedures outlined in the DPR Investigation Procedures Manual.
EFFECTS
Air Contamination of air resulting in issuance of a recommendation by a representative of a legally authorized agency to evacuate five or more persons. Land Contamination of land or soil resulting in one-half (1/2) acre or more not usable for intended purposes for one year or more. Animals and Wildlife Any episode with an associated level of mortality, estimated by an appropriate agency or official, that exceeds the following: Non-target birds - 50 Non-target fish - 500 Listed endangered or threatened species - 1 (to be determined on a case by case basis as described under the SPECIAL INCIDENTS section of this document.) Domesticated, game, or other non-target animals - 5 ECONOMIC LOSS Damage to any property, equipment, or livestock (including bees) that is estimated to represent a $20,000 loss, or 20% crop yield loss (whichever is appropriate). SPECIAL INCIDENTS Episodes occurring within Oregon, Nevada, Arizona, or tribal land that have effects in California that meet priority criteria. Episodes occurring within California that have effects in Oregon, Nevada, Arizona, or tribal land that meet applicable priority criteria. The appropriate agency to investigate these special incidents shall be determined pursuant to Section V, INVESTIGATIONS, paragraph A of this agreement. Investigations of these special incidents shall follow procedures outlined in the DPR Investigation Procedures Manual. Any pest control equipment accidents that occur while handling pesticides and result in serious injury or illness, death, environmental effects, or economic loss (not including the involved equipment) exceeding the amounts shown above. Investigation of accidents shall follow procedures outlined in the DPR Investigation Procedures Manual. Any episode, including those involving endangered species, which through discussion between the three parties of this agreement is determined to be of high priority. MASTER AGREEMENT: THE AGRICULTURE AND SERVICES AGENCY, THE DEPARTMENT OF INDUSTRIAL RELATIONS, AND AGRICULTURAL COMMISSIONERS ASSOCIATION RELATING TO PESTICIDES Cooperative and Complementary Program to develop and Maintain Healthful Working Conditions for all Persons Who in the Course of their work are, or may be, exposed to Pesticides A. GENERAL STATEMENT 1. This document identifies and delineates the responsibilities of the Agriculture and Services Agency (A&S), the Department of Industrial Relations (DIR), the Division of Industrial Safety (DIS) within DIR, the Department of Food and Agriculture (DFA), and County Agricultural Commissioners (CAC) for the purpose of joining in a Cooperative and Complementary Program to develop and Maintain Healthful Working Conditions for all Persons Who in the Course of their work are, or may be, exposed to Pesticides 2. DIR, DIS, DFA AND CAC shall contribute to the joint program those skills, experience, manpower, and facilities as may be necessary to effect a coordinated program conducted in such a manner as to minimize duplication of effort and successfully establish an efficient and effective program of worker protection. 3. A&S is the Agency designated by the California Labor Code to be responsible for administering and developing California's Occupational Safety and Health plan. A&S has specifically been given the authority and charged with the responsibility of assuring that the CAL/OSHA activities of DIR AND DIS are conducted in conformity with the Labor Code and the State Occupational Safety and Health Plan. A&S also exercises general policy supervision and budgetary control over DFA. B. COOPERATIVE RELATIONSHIP 1. It is recognized that some overlap may occur in the application of regulations based on the State Food and Agricultural Code and occupational health and safety standards and safety orders based on the State Labor Code. To avoid jurisdiction conflicts and provide for greater coordination in the prevention of injuries associated with the manufacture, formulation and application of pesticides, the term Occupational Safety and Health Standards as used in this agreement shall include standards promulgated by the CAL/OSHA Standards Board and special orders issued by DIS pursuant to the Labor Code; the term Pesticide Use Regulations shall include all regulations promulgated by the DFA pursuant to the Food and Agricultural Code. Occupational Safety and Health Standards and Pesticide Use Regulations shall be enforced as described in this agreement. 2. The Directors of DIR and DFA shall each designate a responsible administrator as a principal liaison officer with the other. They and other staff members shall meet periodically to: a. Develop and keep up-to-date procedures for interdepartmental assistance. b. Develop procedures for exchange of information, reports, and data. c. Develop joint training programs. d. Deal with other matters of mutual concern consistent with the cuties of the Departments. C. RESPONSIBILITIES OF PARTICIPANTS 1. The DIR, through its Division of Industrial Safety (DIS), may inspect and investigate any place of employment in order to determine compliance with Occupational Safety and Health Standards. Whenever problems involving Pesticide Use Regulations are discovered, the DIS shall notify DFA. 2. DFA and CAC may inspect and investigate any operations where pesticides are applied, handled, stored, or used in order to determine compliance with Pesticide Use Regulations, whenever problems involving Occupational Safety and Health Standards are discovered, DFA shall notify DIS. 3. This agreement does not restrict the authority of DFA, DIR DIS, or CAC to prosecute violations of law pursuant to their respective authorities, nor restrict action against licensees by DFA and County Agricultural Commissioners. 4. To develop and maintain the necessary level of public and worker protection and to prevent unnecessary duplication of effort, the DIS shall have primary responsibility for routine inspection and enforcement of Occupational Safety and Health Standards in industrial pesticide. 1/ The respective authorities, responsibilities, and DFA and CAC in the enforcement of pesticide use regulations are delineated in Division 2, Chapter 2 of the Food and Agricultural Code and rules, regulations, and procedural manuals adopted pursuant thereto. In addition to its specific statutory duties, DFA provides assistance to CAC in the form of training, preparation of forms, equipment, statewide publicity and emergency services. Manufacturing and formulating operations; the Department of Food and Agriculture and County Agricultural Commissioners shall have primary responsibility for routine inspection and enforcement of laws and regulations pertaining to the application and use of pesticides. 5. All questions dealing with the appropriate interpretations of provisions of this agreement which cannot be resolved between DIR and DFA shall be brought to the attention of A&S. D. DEFINITIONS 1. A Fatality/Catastrophe investigation is an investigation of any employment accident which is fatal to one or more employees or causes injuries or illness to five or more employees. See Labor Code Sections 6313 (a) and 6409 (c) for more detailed definitions. 2. A Complaint Investigation is an investigation triggered by an employee, an employee representative or an employer of an employee as described in Section 6309 of the Labor Code. 3. A Routine Inspection is an investigation initiated by the DIS. Such investigations may involve target industries, target health hazards, selected employers with poor safety records or other reasons consonant with the Labor Code. 4. A Complaint as used here is a complaint alleging violation of job safety and/or health standards by an employees an employee representative or an employer of an employee as described in Section 6309 of the Labor Code. 5. A Consultative Investigation is an investigation having as its purpose, education and voluntary compliance. Such investigations may be conducted by DIS as provided in the Labor Code as may be appropriate. E. INSPECTION PROCEDURES 1. Fatality/Catastrophe Investigations. These will be conducted as provided in the Labor Code by DIS. DFA and CAC will provide technical assistance To DIS and may extend the investigation as may be required by the Food and Agricultural Code. 2. Complaint Investigations. All Complaints received by DIS will be handled according to instructions in the Labor Code. All violations of Occupational Safety and Health Standards will be cited. The complainant will be notified in writing by DIS of the results of the inspection, citations will be posted, etc., as described in the Labor Code and subsequent regulations. Violations and complaints relating to Pesticide Use Regulations will be referred to DFA or CAC for investigation and action under authority of the Food and Agricultural Code. DFA will develop a written inspection protocol regarding employee rights for investigations involving enforcement of pesticide use regulations where complaints from employees or employee representatives may be involved or where the work by DFA or CAC is associated with a DIS investigation. This protocol will parallel that used by the Department of Health in its CAL/OSHA support activity. 3. DFA will develop an enforcement check list for Pesticide Use Regulations which will document actual compliance whenever complaints are involved. This document will be forwarded to DIS for insertion in the appropriate project file folder. At this point, DFA or CAC will notify the complainant in writing of their findings and of the fact that compliance has been accomplished. 4. Routine Inspections may be conducted in agricultural operations by DIS as prescribed by the Labor Code. DIS will refer apparent or alleged violations of Pesticide Use Regulations to DFA or CAC. DFA and CAC will, on a priority basis, investigate these alleged violations using the inspection protocol described under paragraph 2 above. Findings will be forwarded to DIS for insertion into appropriate files. 5. DFA and CAC may conduct routine inspections as required by the Director of DFA to enforce the Pesticide Use Regulations and other aspects of the Food and Agricultural Code. Apparent or alleged violations of Occupational Safety and Health Standards will be referred to DIS. 6. Consultative Investigations are not restricted by this Agreement. F. TRAINING 1. DFA, with appropriate input from CAC, DIR and DIS, will develop a written protocol and necessary forms and worksheets for conducting support activities in response to Complaint referrals or other requests from DIS. 2. DFA will train field staff assigned to enforcement of Pesticide Use Regulations in the use of the above forms and protocol and in addition will make this staff available for training by DIS in the conduct of inspections, worker rights, employer rights, and other aspects of CAL/OSHA. /S/ Date 6/16/76 /S/ Date 6/14/76 Rose E. Bird, Secretary Donald Vial, Director Agriculture and Services Agency Department of Industrial Relations /S/ Date 5/18/76 /S/ Date 6/17/76 L. T. Wallace, Director William Fitchen Department of Food and Agriculture California Agricultural Commissioners Association Agricultural Pest Control Advisor
The purpose of this list is to provide you with reference materials to help you prepare for the Agricultural Pest Control Adviser Examination. Please keep this listing for future reference. Listed below are the recommended study materials for the Laws, Regulations and Basic Principles Examination, and each Agricultural Pest Control Adviser License Examination. Laws, Regulations & Basic Principles and All Categories (A through G) +1. Laws and Regulations Study Guide (now includes the Pesticide Safety Series) (Sale Publication #626 - $10.00. tax included.) Available from the Department of Pesticide Regulation, 830 K Street Mall, Sacramento, California 95814-3510, (916) 323-3885. Make check or money order payable to Cashier, Department of Pesticide Regulation. VISA or MasterCard accepted as payment. *2. The Safe and Effective Use of Pesticides (Sale Publication #3324 - $30.00, plus 8.25% State sales tax & shipping and handling.) Included in Volume 1 (400 pages) are chapters dealing with pest identification, pest management, pesticides, pesticide laws and regulations, hazards associated with pesticide use, protecting people and the environment, pesticide emergencies, effective use of pesticides, pesticide application equipment, and calibration of pesticide equipment. (A) Insects, Mites & Other Invertebrates (Plant) * 1. Destructive and Useful Insects. Their Habits and Control by Robert L. Metcalf & Robert A. Metcalf (Published by McGraw-Hill, Inc.) This publication may be available at public libraries or purchased through a used book store. NOTE: If the Destructive and I Useful Insects. Their Habits and Control is unavailable, the publication Entomology and Pest Management is a satisfactory alternative. 2. Entomology and Pest Management (2nd Edition) by Larry P. Pedigo (Sale Publication - $91.00 - ISBN: 0133735311.) (Published by Prentice-Hall, Upper Saddle River, N.J.) This publication can be purchased through the Internet at www.amazon.com or at book stores. This publication may be available at public libraries. (A) Insects, Mites & Other Invertebrates (Animal) +1. Common Parasites and Pests of Livestock & Poultry in California by Edmond C. Loomis. (Sale Publication - $8.00, tax included.) Available from Cashier, Department of Pesticide Regulation, 830 K Street Mall, Sacramento, California 95814-3510, (916) 323-3885. Make check or money order payable to Cashier, Department of Pesticide Regulation. VISA or MasterCard accepted as payment. (B) Plant Pathogens *1. Plant Pathology. 3rd Edition by G. N. Agrios (Published by Academic Press, New York.) This publication may be available at public libraries or purchased through a book store. (C) Nematodes 1. Plant Nematology. An Agricultural Training Aid by Sadek M. Ayoub (Sale Publication - $12.90, tax included.) Available from Nemaid Publication, P. O. Box 231354, Sacramento, California 95823-1354. *2. Phylonematology Study Guide (Sale Publication #4045 - $5.00, plus 8.25% Suite sales tax & shipping and handling.) (D) Vertebrate Pests 1. Vertebrate Pests Control Handbook (Sale Publication #410 - $20.00. tax included.) Available from the Department of Food and Agriculture, P.O. Box 942872, Sacramento, California 94271 -2872. Make check or money order payable to Cashier, Department of Food and Agriculture. +2. Vertebrate Pest Control Study Guide (Sale Publication - $8.00, tax included.) Available from Cashier, Department of Pesticide Regulation, 830 K Street Mall, Sacramento, California 95814-3510, (916) 323-3885. Make check payable to Cashier, Department of Pesticide Regulation. VISA or MasterCard accepted as payment. *3. Wildlife Pest Control Around Gardens and Homes (Sale Publication # 21385 - $8.00, plus 8.25% State sales tax & shipping and handling.)
*1. The Growers Weed Identification Handbook (Rev. 1992) (Sale Publication #4030 - $80.00, plus 8.25% State sales tax & shipping and handling.)
NOTE: If Principles of Weed Control in California is unavailable, the publications Weed Ecology: Implications for Management and Herbicide Handbook in combination with The Growers Weed Identification Handbook will comprise the recommended study guides for the Weed Control Examination. (F) Defoliation *1. Defoliation and Other Harvest Aid Practices (Sale Publication #4043 - $2.00, plus 8.25% State sales tax & shipping and handling.) (G) Plant Growth Regulators * 1. Plant Growth Regulators (Sale Publication #4047 - $4.00, plus 8.25% State sales tax & shipping and handling.) Other Helpful Reference Materials for Your Future Consideration *1. Integrated Pest Management for Citrus (Sale Publication #3303 - $22.00, plus 8.25% State sales tax & shipping and handling.) *2. Integrated Pest Management for Almonds (Sale Publication #3308 - $22.00, plus 8.25% State sales tax & shipping and handling.) *3. Integrated Pest Management for Walnuts (Sale Publication #3270 - $22.00, plus 8.25% State sales tax & shipping and handling.) *4. Integrated Pest Management for Cotton in the Western Region of the United States (Sale Publication #3305 - $22.00. plus 8.25% State sales tax & shipping and handling.) ♦5. Integrated Pest Management for Cole Crops and Lettuce (Sale Publication #3307 - $22.00, plus 8.25% State sales tax & shipping and handling.) *6. Sugarbeet Pest Management Series. Nematodes (SalePublication#3272-$3.00, plus 8.25%State sales tax & shipping and handling.) *7. Integrated Pest Management for Tomatoes (Sale Publication #3274 - $22.00, plus 8.25% State sales tax & shipping and handling.) *8. Integrated Pest Management for Alfalfa Hay (Sale Publication #3312 - $22.00, plus 8.25% State sales tax & shipping and handling.) *9. Integrated Pest Management for Potatoes in the Western United States (Sale Publication #3316 - $22.00, plus 8.25% State sales tax & shipping and handling.) *10. Grape Pest Management (Sale Publication #3343 - $68.00, plus 8.25% State sales tax & shipping and handling.) *11. Integrated Pest Management for Small Grains (Sale Publication #3333 - $22.00, plus 8.25% State sales tax & shipping and handling.) * 12. UC Pest Management Guidelines (Sale Publication #3339 - $80.00, plus 8.25% State sales tax & shipping and handling.) * 13. Pests of the Garden and Small Farm (Sale Publications #3332 - $30.00, plus 8.25% State sales tax & shipping and handling.) +14. Parkland's Pest Management Handbook (Sale Publication #516 $11.00) +15. Stone Fruit Orchard Pests: Identification. Biology. Control (Sale Publication #518 - $12.00) *16. Integrated Pest Management for Strawberries (Sale Publication #3351 -$30.00, plus 8.25% State sales tax & shipping and handling.) *17. Integrated Pest Management for Apples and Pears (Sale Publication #3340 - $30.00, plus 8.25% State sales tax & shipping and handling.) *18. Integrated Pest Management for Rice (Sale Publication #3280 - $22.00, plus 8.25% State sales tax & shipping and handling.) *19. Pests of Landscaped Trees and Shrubs (Sale Publication #3359 - $32.00, plus 8.25% State sales tax & shipping and handling.)
Shipping Table (to U.S. Addresses) Merchandise Total Shipping Charge $1 - $4.99 $1 $5-$9.99 $2 $10-$19.99 $3 $20 - $29.99 $4 $30 - $39.99 $5 $40 - $49.99 $6 $50 - $79.99 $7 $80 - $99.99 $8 $100 and more $10 All packages are sent either U.S. Postal Service 1st Class or UPS Ground. To arrange overnight or a second-day delivery, call 1-800-994-8849. + The references identified by a “+” mark next to the number and title of the publication can be ordered from Cashier, Department of Pesticide Regulation,830KStreetMall, Sacramento, California 95814-3510. Please make the check or money order payable to Cashier. Department of Pesticide Regulation. VISA and MasterCard are acceptable as payment. When ordering, please include the Sale Publication Number. State sales tax & handling and shipping are already included. Directory: site site -> Answer True False 2 points Question 2 site -> 587 Return function, r i(X) r i(0) r i(1) r i(2) r i(3) 1 0 2 4 6 Thermal Station, I 2 0 1 5 6 3 0 3 5 6 10 site -> Glossary for Chapter 1 Algorithm site -> North Carolina Inclusion Initiative Mapping Where Children with ieps are Being Served Purpose site -> Northern England’s set-jetting locations site -> Physical custody of 1033 program property accountibility form statement of Physical Custody: By signing for the below 1033 property I am a Law Enforcement Officer of the aforementioned Law Enforcement Agency site -> Nstructions for Acquiring Excess Equipment online, through the 1033 Program site -> Memorandum of agreement Download 1.19 Mb. Share with your friends:
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