Letter from Paul Helliker to Bill Murawski
----- Original Message -----
From: "Paul Helliker" <phelliker@cdpr.ca.gov>
To: <Bill@billmurawski.com>
Cc: "Jackie Love" <JLOVE.EXECPO.PESTREGPO@cdpr.ca.gov>; "Liz Neese"
<LNeese.EXECPO.PESTREGPO@cdpr.ca.gov>; <steve@getipm.com>
Sent: Monday, November 26, 2001 3:18 PM
Subject: Response to your query
Mr. Murawski:
Thank you for your inquiry of a few weeks ago, concerning California statutes and regulations pertaining to pest control and pesticides. I apologize for the delay in responding to you, but I hope the following information is still useful.
You had asked about the rules governing the use of pesticide alternatives within the state of California, specifically, alternative pest control techniques such as pest control devices. You had also inquired about pesticides exempt from registration and the use of unregistered pesticide products.
The Department of Pesticide Regulation (DPR) is responsible for enforcing the most stringent pesticide laws and regulations in the nation and is committed to ensuring that pesticides are used in a safe and responsible manner to protect human health and the environment. DPR actively promotes Integrated Pest Management as a pest control strategy that can reduce the use of and dependency on pesticides.
To address your questions about fly swatters and rat traps, it is important to understand that these items are not considered pesticides. They are however, pest control devices, which are not regulated by DPR. The use of such devices by a member of the general public, or by school employees not licensed by DPR, is not subject to state regulation. DPR licenses pest control businesses (PCBs) that may use such devices in the practice of pest control for hire. PCBs can be cited if their practices are ineffective or if any illness, injury or damage results from their work, as provided by The California Food and Agricultural Code (FAC) section 11702.
You have inquired about the use of unregistered pesticides as an alternative to control pest problems. FAC section 12995, states: it is unlawful for any person to possess or use any pesticide that is not registered. However, FAC section 12781 authorizes the director of DPR to adopt regulations which are reasonably necessary to carry out general provisions of FAC. Title 3 of the California Code of Regulations (3CCR) section 6301(a) states "FAC section 12995 shall not apply to an individual who personally uses a substance for the purpose of controlling their residence or garden pests, provided no food or feed commodities treated with the substance are sold or distributed to another person or fed to animals that are sold or distributed to another person for human consumption." This exemption exists because it has been determined that hazards are not present to any significant degree in the home-use setting. This exemption applies to "personal use" of pesticides within residential settings only. School employees, growers and pest control professionals do not meet the criteria of section 6301 (a) and, therefore, are required to use only pesticide products registered by the director, unless the product is exempted by 3CCR section 6147.
3CCR section 6147, entitled - Exempted Pesticide Products, allows use of natural active and inert ingredients that are exempt from the requirements of registration because they are considered benign. This exemption applies to home-users, as well as school employees, growers and pest control professionals. The authority for this regulation is found in FAC section 12803, which states in part: The director, by regulation, may exempt from all or part of the requirements of Division 7, a pesticide exempted pursuant to Section 25b of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA).
Examples of FIFRA 25b pesticide products are: pheromones in traps, products consisting of foods that are used to attract pests and which contain no active ingredient(s), natural cedar, corn gluten meal and certain herbs (cinnamon, peppermint, cloves, garlic), and vegetable oils.
I hope this information helps to clarify your misconceptions regarding the laws and regulations for pesticide use in California.
Sincerely,
Paul Helliker
Director
California Department of Pesticide Regulation
1001 I Street
PO Box 4015
Sacramento, CA 95812-4015
(916) 445-4300
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