DPR Releases Revised Pesticide Use Near Schools Regulation

The Department of Pesticide Regulation released the revised Pesticide Use Near Schools Regulation today. After several months of reviewing comments, the revised regulation provides little relief to the agricultural industry from these over reaching proposals amended to become effective January 1, 2018.

Below are the most substantial changes to the document:

  • Schoolsite is given a clearer definition, identifying a schoolsite as a property used as a child day care facility (defined by the Health and Safety Code) or kindergarten, elementary or secondary school. The definition includes all areas of property used on weekdays by children who attend such facilities. Commissioners can identify adjacent parks if used for school activities.
    • Schoolsite does not include family day care homes, private schools, vehicles or bus stops not on schoolsite property.
  • The 48-hour notification was eliminated, however annual notification would still be required.
  • Growers who need to use a pesticide that was not included on the annual notification must provide the required information to the school site and commissioner at least 48 hours prior to application

Despite specific requests directly to DPR and through public comments, the regulations failed to identify commodity fumigation exempt from this proposal. The regulation will be open for a 15-day public comment period from March 20th to April 4th. CCGGA, who testified at the Tulare hearing with more than 20 growers, will continue to oppose the proposal.

Written comments relevant to the modifications may be sent via e-mail <dpr16004@cdpr.ca.gov>; or may be directed to Ms. Linda Irokawa-Otani, Regulations Coordinator, Department of Pesticide Regulation, 1001 I Street, P.O. Box 4015, Sacramento, California 95812-4015. FAX: (916) 324-1491.