SECTIONS 12980-12988 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 12980-12988

12980. The Legislature hereby finds and declares that it is
necessary and desirable to provide for the safe use of pesticides and
for safe working conditions for farmworkers, pest control
applicators, and other persons handling, storing, or applying
pesticides, or working in and about pesticide-treated areas.
The Legislature further finds and declares that the development of
regulations relating to pesticides and worker safety should be the
joint and mutual responsibility of the Department of Food and
Agriculture and the State Department of Health Services.
The Legislature further finds and declares that in carrying out
the provisions of this article, the University of California, the
Department of Industrial Relations, and any other similar institution
or agency should be consulted.

12981. The director shall adopt regulations to carry out the
provisions of this article. Such regulations shall include, but are
not limited to, all of the following subjects:
(a) Restricting worker reentry into areas treated with pesticides
determined by the director to be hazardous to worker safety by using
either or both of the following:
(1) Time limits.
(2) Pesticide residue levels on treated plant parts determined by
scientific analysis to not be a significant factor in cholinesterase
depression or other health effects.
When the director has adopted regulations pursuant to both
paragraphs (1) and (2), the person in control of the area treated
with the pesticide shall have the option of following regulations
adopted pursuant to either paragraph (1) or (2). If the person in
control of the area treated with the pesticide chooses to follow
regulations adopted pursuant to paragraph (2), the director may
establish and charge the person a fee necessary to cover any costs of
analysis or costs incurred by the director or commissioner in
carrying out regulations adopted pursuant to paragraph (2). The
regulations shall include a procedure for the collection of the fee,
and the fee shall not exceed actual cost.
(b) Handling of pesticides.
(c) Hand washing facilities.
(d) Farm storage and commercial warehousing of pesticides.
(e) Protective devices, including, but not limited to, respirators
and eyeglasses.
(f) Posting, in English and Spanish, of fields, areas, adjacent
areas or fields, or storage areas.
The State Department of Health Services shall participate in the
development of any regulations adopted pursuant to this article. Such
regulations that relate to health effects shall be based upon the
recommendations of the State Department of Health Services. The
original written recommendations of the State Department of Health
Services, any subsequent revisions of those recommendations, and the
supporting evidence and data upon which the recommendations were
based shall be made available upon request to any person.

12982. The director and the commissioner of each county under the
direction and supervision of the director, shall enforce the
provisions of this article and the regulations adopted pursuant to
it. The local health officer may assist the director and the
commissioner in the enforcement of the provisions of this article and
any regulations adopted pursuant to it. The local health officer
shall investigate any condition where a health hazard from pesticide
use exists, and shall take necessary action, in cooperation with the
commissioner, to abate the condition. The local health officer may
call upon the State Department of Health Services for assistance
pursuant to Section 105210 of the Health and Safety Code.

12985. Any person who orders an employee to enter an area posted
with a warning sign in violation of any worker safety reentry
requirements promulgated pursuant to this article by the director is
guilty of a misdemeanor. A violation of this article affecting any
worker or workers constitutes a separate offense for each affected
worker.

12986. (a) The director shall approve programs for training persons
who handle or apply pesticides in aerial pest control operations.
The training programs shall be consistent with, but not limited to,
this article and may include participation by trainees in field
practices or exercises dealing with the safe handling and application
of pesticides and may include performance measurement of the
practices and exercises.
(b) The approved training programs shall be conducted by industry
qualified instructors. Industry qualified instructors are persons
approved by the director.
(c) All persons who successfully complete an approved training
program shall be issued a certificate of completion by industry
qualified instructors, which shall be available for inspection by the
director or a commissioner, or his or her representative. When the
person completing an approved training program attended the program
at the request or expense of the person's employer, the employer
shall be provided a copy of the certificate of completion, which also
shall be available for inspection by the director or a commissioner,
or his or her representative.

12987. The director shall require registrants of pesticides to
submit the data necessary to perform the director's duties under this
article.

12988. No pesticide may be registered or reregistered unless the
director determines that the registrant has complied with this
article.