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Department of Pesticide Regulation Pest Management and Licensing Branch 1001 I Street, P.O. Box 4015 Sacramento, CA 95812
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The Department of Pesticide Regulation (DPR) suggests reviewing these common violations of the Food and Agricultural Code (FAC) and the California Code of Regulations (CCR) to ensure that you are in compliance with the laws and regulations of California. Specific regulatory text for these violations can be found online at:
http://www.cdpr.ca.gov/docs/legbills/calcode/chapter_.htm
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Anyone who is licensed or certified to use or recommend the use of pesticides must follow: The registered label; Labeling which is delivered with the pesticide; or Any additional limitations of a permit issued by the director
or commissioner.
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Examples of pesticide recommendation and use violations include:
Applying pesticide product above the label rate Not following a permit condition issued by the local County Agricultural Commissioner
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The employer is required to:
Provide all PPE that is required on the pesticide labeling, regulation, and restricted material permit condition. Provide for its daily inspection and cleaning, and repair or replace any worn, damaged, or heavily contaminated PPE. Assure that all PPE not in use is kept separate from personal clothing and in a clean, pesticide-free designated area.
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Assure that PPE is used correctly and for its intended purpose. Keep and wash contaminated PPE separately from personal clothing or laundry. Assure that PPE does not leave the employer’s property and that employees do not take any uncleaned PPE into their homes. Assure that anyone who cleans or repairs PPE is protected and informed.
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Examples of personal protective equipment violations include:
Storing PPE with pesticides Inadvertently wearing your protective eyewear on top of your head while applying pesticides using handheld equipment
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The employer must assure that employees are using approved respiratory equipment when respirators are required by the label, restricted material permit condition, or regulation.
The employer must have a work site-specific written respiratory protection program if employees are required to use respirators. The program must be updated as necessary to include any workplace changes that could affect respirator use.
The respiratory protection program must include the following, as applicable:
• Selecting a respirator; • Medical evaluations of employees; • Fit testing for tight-fitting respirator; • Proper use of respirator in routine and emergency situations; • Schedule for cleaning, storing, repairing, and maintenance of
respirator; • Checking for adequate air quality, quantity, and flow of
breathing air for atmosphere-supplying respirator; • Training employees on potential respiratory hazards during
routine and emergency situations; • Evaluating the effectiveness of the program.
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Examples of respiratory protection violations include:
Improperly wearing your respirator around neck while applying a pesticide that requires a respirator Not conducting a fit test before wearing a label required respirator
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Emergency medical care for employees handling pesticides must be planned in advance. The location of the emergency facility must be posted on the A-8/N-8. If the employer suspects that an employee could have a pesticide related illness, the employee must be taken to a physician immediately.
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Examples of emergency medical care violations include:
Not writing in the address of the medical facility on the A-8, N-8, or A-9 Not taking employees suspected of a pesticide illness to the doctor IMMEDIATELY
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Anyone who intends to advertise, solicit, or operate as a pest control business in California must be registered with the County Agricultural Commissioner in each county they do business in.
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Examples of registration violations include:
Not registering in each in county where you perform pest control work Not re-registering with the county prior to starting work in the new year
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All service containers are required to contain a label with the following:
1) Name and address of the person or company responsible for the container;
2) The identity of the pesticide in the container; and
3) The word “Danger,” Warning,” or “Caution,” that corresponds with the wording on the original container.
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Ingredient X .03% Ingredient Y 4.75%
Pesticide XY Service Container Label
EPA#123-456
ABC Pest Control
Examples of service container labeling violations include:
Not including the name of the responsible person on service container Only putting the name of the pesticide on the service container
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Employers must ensure handlers have: Sufficient water; Soap; Single use towels; and A clean pair of coveralls at each
decontamination site.
For employees handling pesticides used in commercial or research production of an agricultural commodity, if the pesticide label requires protective eyewear one pint of water must be immediately available
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Examples of handler decontamination facility violations include:
Not having extra coveralls available or not restocking them if the extra pair was used Not having a full pint of eyewash immediately available when an agricultural use pesticide requires protective eyewear
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The employer is required to display a copy of a completed A-9 leaflet at the central display.
The property operator must maintain pesticide use records for two years and the Safety Data Sheets (SDS) for each pesticide.
The property operator must inform employees, or employee’s labor contractor, of the location and availability of records before they enter a treated field.
If location of these records or documents change, the employees must be notified of the new location immediately.
Upon request, the property operator must provide any records, documents and information within 48 hours to the employee, their representative, or physician.
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Examples of hazard communication violations include:
Not posting application information within 24 hours of the application’s completion Not informing labor contractors working on your property of the display location
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Each pesticide use site must have a copy of the registered labeling.
This includes supplemental labels when the pesticide is being used according to the supplemental label instructions.
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Examples of label availability violations include:
Not having supplemental label on-site while conducting an application according to supplemental label instructions Not having the label on-site during an application
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Employees who handle pesticides must be trained.
The employer must have a written training program.
The training program must include the required training topics.
A current copy of the training program and all previous copies must be maintained for two years at a central location.
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Examples of handler training violations include:
Not maintaining training records for 2 years Not training on the required topics
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