Pesticide Enforcement Partners Department of Pesticide Regulation - - PDF document

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Overview of Pesticide Enforcement and Cannabis in California

Pesticide Enforcement Partners

• Department of Pesticide Regulation (DPR)

– Oversees statewide pesticide use enforcement – Enforces pesticide registration and sales, raw produce residue requirements, licensing, etc.

• County Agricultural Commissioners (CAC)

– Enforces pesticide use requirements.

• California Attorney General (AG)

– Criminal and civil authority over state pesticide enforcement.

• District Attorneys (DA)

– Authority over local pesticide enforcement.

County Agricultural Commissioners

• Each California county has a CAC.
• Primary local enforcement agents for pesticide

use requirements.

• Do not have peace officer status.

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Role of the CAC’s

• Investigates complaints and reported

pesticide‐related illnesses

• Inspects agricultural fields
• Issues restricted material permits and
• perator identification numbers
• Provides compliance assistance, enforces

pesticide use violations through administrative civil penalty actions, or refers cases to the DA.

Administrative Penalties

• FAC section 12999.5
• CAC has exclusive jurisdiction
• Up to $5,000 administrative civil penalty per

violation

Civil Penalties

• FAC section 12997
• In lieu of administrative civil penalty, DPR may

refer cases to the California AG

• Civil penalty of $1,000 to $10,000
• Repeat violations ‐or‐ intentional violations

involving human health or environmental hazard subject to civil penalty of $5,000 to $25,000

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Criminal Penalties

• FAC section 12996
• Misdemeanor violations

– $500 to $5,000 criminal penalty, and/or – Imprisonment of not more than six (6) months

• Repeat violations

– $1,000 to $10,000 criminal penalty, and/or – Imprisonment of not more than six (6) months

• Intentional ‐or‐ negligent violations involving health or

environmental hazards

– $5,000 to $50,000 criminal penalty, and/or – Imprisonment in county jail/state prison of not more than

• ne (1) year

Pesticide Requirements under MAUCRSA (SB 94)

• DPR:

– Guidance on legal pest management to growers. – Guidance on pesticide residue levels to the Bureau of Cannabis Control (BCC).

• Department of Food and Agriculture (CDFA):

– Licenses and regulates cannabis cultivators. – Compliance with pesticide laws as enforced by DPR is a condition of CDFA cannabis cultivation licenses.

• BCC:

– Licenses and regulates cannabis testing laboratories. – BCC sets allowable levels for pesticide residue (and other contaminants) on processed cannabis/cannabis products after considering the DPR guidance.

Role of the CAC’s – Legal (Licensed) Cannabis

• To inspect and investigate licensed cannabis

cultivation operations to determine compliance with California pesticide use requirements.

• Provide compliance assistance and take

enforcement actions where appropriate.

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Role of the CAC’s – Illegal (Unlicensed) Cannabis

• CAC’s do not generally enter, inspect, or enforce

against illegal cannabis grow sites because they do not enforce criminal violations and do not have peace officer status.

• DPR is available and encourages CAC’s to be

available to assist law enforcement in case‐ building activities such as identifying, handling, and sampling pesticides found at illegal grows.

California Pesticide Laws

• California Food and Agricultural Code (FAC),

Divisions 6 and 7

• California Code of Regulations (CCR), Title 3

Examples of Pesticide Use Violations

• FAC section 12973 – Use in conflict with the

label.

• FAC section 12995 – Possession or use of an

unregistered pesticide.

• FAC sections 14011; 14015 – Unlawful use or

possession of restricted materials.

• FAC section 12991(e) – Unlawful pesticide use,

transport, storage, handling, or disposal.

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Examples of Pesticide Use Violations

• FAC section 12972; 3 CCR 6614 – Pesticide

drift.

• 3 CCR 6670, et seq. – Storage, transportation,

and disposal of pesticides.

• 3 CCR 6609; 3 CCR 6800, et seq. – Restrictions
• n pesticide use near wellheads and

groundwater contamination prevention.

Pesticide use enforcement and Cannabis

• Under California law, pesticides must be used

consistent with the registered labeling.

• All pesticides are first registered with the

federal EPA. Because cannabis is illegal federally, there are no pesticides registered for use on “cannabis.”

• Even under these facts, there are still some

pesticides that are legal to use on cannabis under state law.

Pesticides that are Legal to Use on Cannabis under State Law

1) Exempt from tolerance requirements AND 2) Exempt from registration, or registered for a use site that is broad enough to include cannabis DPR has released a document discussing legal pest management practices.

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Pesticides that cannot be Used on Cannabis

• DPR has released a document listing

pesticides that DPR has instructed the CAC’s to prioritize enforcement against: ‐Labeled with a “DANGER” signal word; ‐Not registered for food uses; ‐Groundwater protection list.

Contact

• Daniel Rubin, DPR Staff Attorney

Daniel.Rubin@cdpr.ca.gov (916) 324‐2666

• Rachel Kubiak, DPR Cannabis Program Supervisor

Rachel.Kubiak@cdpr.ca.gov (916) 445‐5010

• County Agricultural Commissioners

https://www.cdfa.ca.gov/exec/county/countymap/