California Code of Regulations
Title 3 - Food and Agriculture
Division 6 - Pesticides and Pest Control Operations
Chapter 4 - Environmental Protection
Subchapter 6 - Pollinator Protection
Article 2 - [Operative 1/1/2024] Neonicotinoid Pesticide Exposure Protection
Section 6990 - Definitions and Scope

Universal Citation: 3 CA Code of Regs 6990

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.

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