SECTIONS 5771-5780 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 5771-5780

5771. When the secretary proclaims an eradication project in an
urban area pursuant to Article 4 (commencing with Section 5761),
where the eradication plan includes potential aerial application of a
pesticide, the secretary or the commissioner, pursuant to this
article, shall do all of the following before aerially applying a
pesticide to effect the eradication:
(a) Conduct at least one public hearing, to include a presentation
by the department and the opportunity for public comment, in the
area to consider all alternatives to aerial application of a
pesticide.
(b) Seek an evaluation of human health risks and environmental
risks jointly prepared by the Department of Pesticide Regulation and
the Office of Environmental Health Hazard Assessment, including
findings and recommendations regarding environmental and human risks
of the proposed use of a pesticide by aerial application.
(c) Notify residents and physicians practicing in the area, and
the local broadcast and print media.

5772. The notice shall be delivered at least 72 hours prior to
applying the economic poison. When the application of a pesticide is
to be made pursuant to an emergency, the notice shall be delivered at
least 24 hours prior to applying the pesticide.

5773. The notice shall be delivered to each residential unit in the
treatment area. The notice shall also be mailed by first-class mail
to each physician who maintains an office in the eradication area or
is determined by the director to be likely to serve patients from the
eradication area and whose scope of practice is determined by the
director to be likely to include persons residing in the eradication
area.

5774. The notice shall be delivered by hand distribution whenever
practicable. If it is not practicable to provide notice by hand
distribution, then notice may be accomplished by first-class mail so
long as the affected residents and physicians receive the notice
within the time limits prescribed in this article.

5774.5. In addition to any other notice requirements of this
article, if the secretary determines that it may become necessary to
use aerial application of a pesticide in a pest eradication program
over an urban area, the secretary shall notify, as soon as it is
feasible, the city and county in that affected area of the
possibility of an aerial application.

5775. If the date of a pesticide application is changed, the notice
required by this article shall be redistributed and contain the
revised information. Additionally, the secretary shall transmit the
revised information to the local broadcast and print media, including
not less than two radio stations providing the broadest coverage in
the eradication area. No pesticide shall be applied within 96 hours
from the date of that change.

5776. The notice distributed pursuant to this article shall contain
all of the following:
(a) The likely date or dates and approximate time or times of all
proposed pesticide applications in the eradication area.
(b) The pesticides to be applied.
(c) Any health and safety precautions that should be taken.
(d) A telephone number and address of public health personnel who
are familiar with the eradication program.
(e) The active ingredients and inert materials of the pesticide,
to the extent that the department is permitted by state and federal
law to disclose them.

5777. The notice, other than the notice specified in Section
5774.5, shall be in both English and in any other language in a city
or county in the area where the pesticide is to be applied in which
over 5 percent of the persons receiving the notice speak only that
other language.

5778. In every county that contains an eradication area in which a
pesticide is used in the eradication effort, the department shall
establish and operate a telephone service to provide information to
the public on health issues related to application of the pesticide.

5779. For pesticide applications other than by air, the procedures
in this article may be followed subject to the discretion of the
director as to their practicality.

5780. No agency of the state or county shall be liable in any civil
actions arising from the administration of this article if the
director or the commissioner utilizes his or her best efforts to
comply with the requirements of the article.