Citizen or farm worker, you have rights……
6614. Protection of Persons, Animals, and Property.
(a) An applicator prior to and while applying a pesticide shall evaluate the equipment to be used, meteorological conditions, the property to be treated, and surrounding properties to determine the likelihood of harm or damage.
(b) Notwithstanding that substantial drift would be prevented, no pesticide application shall be made or continued when:
(1) There is a reasonable possibility of contamination of the bodies or clothing of persons not involved in the application process;
(2) There is a reasonable possibility of damage to nontarget crops, animals, or other public or private property; or
(3) There is a reasonable possibility of contamination of nontarget public or private property, including the creation of a health hazard, preventing normal use of such property. In determining a health hazard, the amount and toxicity of the pesticide, the type and uses of the property and related factors shall be considered.
NOTE: Authority cited: Sections 12976 and 12981, Food and Agricultural Code.
Reference: Sections 11501 and 11791, Food and Agricultural Code.
6616. Consent to Apply.
No person shall directly discharge a pesticide onto a property without the consent of the owner or operator of the property.
NOTE: Authority cited: Sections 11456 and 12976, Food and Agricultural Code.
Reference: Section 11501, Food and Agricultural Code.
6618. Notice of Applications.
(a) This subsection applies to the use of any pesticide for the commercial or research production of an agricultural plant commodity. Notifications required by this subsection must be given orally or in writing and completed prior to the use of any pesticide and in ample time for all subsequent notifications to be made and for all persons notified to take appropriate action. This time will differ depending on the circumstances of each notification.
(1) Each person performing pest control shall assure that the operator of the property to be treated receives notice of the scheduled application. The notice must be in a manner the person can understand and include:
(A) The date(s), start time(s), and estimated end time(s) of the scheduled application;
(B) The location and description of the field to be treated;
(C) The pesticide product name(s), U.S. EPA registration number(s), and active ingredient(s);
(D) Spray adjuvant product name(s) and California registration number(s), if applicable;
(E) The applicable restricted entry interval;
(F) If the pesticide product labeling requires the posting of treated fields, oral notification, or both; and
(G) Any other precautions printed on the pesticide product labeling, or included in applicable laws and regulations, related to the protection of employees or other persons during or after application.
(2) If there is a change in the notice of the scheduled application specified in (a)(1), each person performing pest control shall assure that the operator of the property receives notice of this change prior to the application.
(3) The operator of the property shall assure that notice of the scheduled application is given to employees covered under section 6700 (which includes fieldworkers) and their employers working on the operator’s property except as provided in (a)(5). The operator of the property is not required to provide notice to persons who will apply the pesticide(s) or supervise the application for which the notice is intended.
(4) Any employer notified of a scheduled application by the operator of the property shall assure that notice of the scheduled application is given to his or her employees working on the operator’s property except as provided in (a)(5).
(5) The notice specified in subsections (a)(3) and (4) is not required to be given to an employee covered under section 6700 (which includes fieldworkers) or their employer if the operator of the property can assure that:
(A) The field to be treated is posted pursuant to section 6776(b-f), unless the pesticide product labeling requires both oral notification and the posting of treated fields; or
(B) From the start of the application and until the notice of completion pursuant to section 6619(c) is received, the employee or employer will not enter or walk within ¼ mile of the field to be treated.
(6) The operator of the property shall assure that notice is given to persons, other than those specified in subsection (a)(3), whom the operator of the property has prior knowledge that he or she will likely enter the field to be treated on the date of the application or while the restricted entry interval is in effect. This notice is not required when a field to be treated is posted as specified in section 6776(b-f).
(7) The notices specified in subsection (a)(3), (4), and (6) must be in a manner the person can understand and include:
(A) The date of the scheduled application;
(B) The location and description of the field to be treated; and
(C) Instructions not to enter the field to be treated and its application exclusion zone pursuant to section 6762 until authorized by the operator of the property.
(8) If there is a change in the date of the scheduled application specified in (a)(7)(A), then a new notice must be provided to persons specified in (a)(3), (4), and (6) prior to the application.
(b) This subsection applies to the use of any pesticide for purposes other than the commercial or research production of an agricultural plant commodity. Notifications required by this subsection must be given orally or in writing and be completed prior to the use of any pesticide and in ample time for all subsequent notifications to be made and for all persons notified to take appropriate action. This time will differ depending on the circumstances of each notification.
(1) Each person performing pest control shall assure that the operator of the property receives notice of the scheduled application. The notice must be in a manner the person can understand and include:
(A) The date of the scheduled application;
(B) The identity of the pesticide (including spray adjuvants, if applicable) by brand or common chemical name; and
(C) Any other precautions printed on the pesticide product labeling or included in applicable laws or regulations related to the protection of employees or other persons during the application.