Current through Register 2024 Notice Reg. No. 12, March 22, 2024
(a) For the purposes of this article, the
following definitions apply:
(1) "Bloom"
means the period from the onset of flowering until petal fall is complete. For
citrus subject to section
6984, the bloom period is as
defined in section
6984(b).
(2) "Crop group" means the groupings of
agricultural commodities specified in title 40, Code of Federal Regulations,
section 180.41(c) (July 1,
2020), 85 Fed. Reg. 70985 (Nov. 6, 2020), and 87 Fed. Reg. 57627 (Sept. 21,
2022).
(3) "Growing season" means
the time period from planting until harvest is completed for a particular
annual crop or biennial crop, and is not more than one year (365 days) for
perennial crops.
(4) "Managed
pollinators" means bees introduced in a field to provide pollination services
to the crops in the field.
(5)
"Neonicotinoid" means a pesticide containing any of the following active
ingredients in the nitroguanidine insecticide class of neonicotinoids:
clothianidin, dinotefuran, imidacloprid, and thiamethoxam.
(6) The term "lbs. ai/A/season" means the
application rate in unit of pounds (lbs.) of active ingredient (ai) per acre
(A) per growing season (season).
(b) The provisions of this article apply to
foliar, soil, or both foliar and soil applications of products containing one
or more neonicotinoid active ingredients when used for the production of the
following agricultural commodities:
(1)
Berries and small fruits (Crop Groups 13 and 13-07)
(2) Bulb vegetables (Crop Groups 3 and
3-7)
(3) Cereal grains (Crop Groups
15, 15-22, 16 and 16-22)
(4) Citrus
fruit (Crop Groups 10 and 10-10)
(5) Cucurbit vegetables (Crop Group
9)
(6) Fruiting vegetables (Crop
Groups 8 and 8-10)
(7) Herbs and
spices (Crop Groups 19, 25 and 26)
(8) Leafy vegetables including brassica
(cole) (Crop Groups 4, 4-16, 5, 5-16 and 22)
(9) Legume vegetables (Crop Groups 6, 6-22, 7
and 7-22)
(10) Oilseed (Crop Group
20)
(11) Pome fruits (Crop Groups
11 and 11-10)
(12) Root and tuber
vegetables (Crop Groups 1 and 2)
(13) Stone fruits (Crop Groups 12 and
12-12)
(14) Tree nuts (Crop Groups
14 and 14-12)
(15) Tropical and
subtropical fruit, edible and inedible peel (Crop Groups 23 and 24)
(16) Coffee, peanuts, globe artichoke, mint,
hops (female plants only), and tobacco
(c) The following applications are not
subject to this article:
(1) An application
made to an agricultural commodity grown inside an enclosed space, insect
exclusionary structure, or insect exclusionary netting if both of the following
conditions are met:
(A) The agricultural
commodity is fully covered by the enclosed space, insect exclusionary
structure, or insect exclusionary netting for the entire duration of the bloom
period; and
(B) Managed pollinators
are not introduced into the enclosed space, insect exclusionary structure, or
insect exclusionary netting.
(2) An application made to address a local
emergency pursuant to Government Code section
8630 or a
local emergency declared by the U.S. Department of Agriculture or the
California Department of Food and Agriculture. The operator of the property
shall obtain the written recommendation from a licensed agricultural pest
control adviser and retain the written recommendation for at least two years
after the application occurs.
(3)
An application to control a quarantine pest declared by the U.S. Department of
Agriculture or the California Department of Food and Agriculture if the
operator of the property obtains written recommendation from a licensed
agricultural pest control adviser. The operator of the property shall retain
the written recommendation for at least two years after the application
occurs.
(4) An application allowed
under an active "Section
18" Emergency Exemption issued
pursuant to section
18 of the Federal Insecticide,
Fungicide, and Rodenticide Act (title 7, United States Code, section
136 p).
(5) An application authorized for research
purposes to support a proposed amendment to these regulations. Before using a
neonicotinoid in this manner, a written authorization for research must be
obtained from the Director. The Director may specify the conditions in the
authorization for research under which the research must be conducted. The
Director may terminate, amend, or refuse to issue an authorization for research
if the Director determines any of the following:
(A) The research may involve a hazard to
human health or the environment.
(B) The research may be used for purposes
unrelated to pesticide data development.
(C) A violation of the authorization for
research, prior authorization for research, or Divisions 6 or 7 of the Food and
Agricultural Code, or a regulation adopted pursuant to them, has occurred in
connection with the research.
(d) For purposes of this article, if at any
point during the growing season the operator of the property uses managed
pollinators at the application site, then the operator of the property is
presumed to have intended to use managed pollinators at the time of
application.
1. New
article 2 (sections
6990-6990.16) and section filed
4-10-2023; operative 1-1-2024 pursuant to Government Code section
11343.4(b)(2)
(Register 2023, No. 15).
Note: Authority cited: Sections
11456
and
12976,
Food and Agricultural Code. Reference: Sections
12824
and
12838,
Food and Agricultural Code.