Chapter 4. Environmental Protection

Subchapter 1. Groundwater (§6800-6808)

Article 1. Pesticide Contamination Prevention

6800. Groundwater Protection List.

Pesticides labeled for agricultural, outdoor institutional or outdoor industrial use that contain any of the following chemicals are designated as having the potential to pollute groundwater:

(a) The following chemicals detected in groundwater or soil pursuant to section 13149 of the Food and Agricultural Code:
- (1) Atrazine
- (2) Simazine
- (3) Bromacil
- (4) Diuron, except for products with less than 7% diuron that are applied to foliage
- (5) Prometon
- (6) Bentazon (Basagran®)
- (7) Norflurazon
(b) The following chemicals identified pursuant to section 13145(d) of the Food and Agricultural Code:
- Acephate
- Alachlor
- Aldicarb
- Aminocyclopyrachlor
- Aminocyclopyrachlor, potassium salt
- Aminopyralid, triisopropanolamine salt
- Azoxystrobin
- Bensulfuron methyl
- Bensulide
- Bispyribac-sodium
- Boscalid
- Carbaryl
- Chlorantraniliprole
- Chloropicrin
- Chlorothalonil
- Chlorsulfuron
- Clomazone
- Clothianidin
- Cycloate
- Cyprodinil
- 2,4-D, 2-ethylhexyl ester
- 2,4-D, diethanolamine salt
- 2,4-D, dimethylamine salt
- 2,4-D, isooctyl ester
- Dazomet
- Diazinon
- Dicamba, diglycolamine salt
- Dicamba, dimethylamine salt
- Dicamba, sodium salt
- Dichlobenil
- Dichloran
- Dimethenamid-P
- Dimethoate
- Dimethomorph
- Dinotefuran
- Dithiopyr
- EPTC
- Ethofumesate
- Ethoprop
- Fenamidone
- Flazasulfuron
- Fludioxonil
- Fluopicolide
- Flutolanil
- Fosetyl-Al (aluminum tris)
- Fosthiazate
- Halosulfuron-methyl
- Hexazinone
- Imazamox, ammonium salt
- Imazapyr, isopropylamine salt
- Imazethapyr, ammonium salt
- Imidacloprid
- Indaziflam
- Iprodione
- Isoxaben
- Linuron
- Malathion
- Mefenoxam
- Mesotrione
- Metalaxyl
- Metaldehyde
- Metconazole
- Methiocarb
- Methomyl
- Metolachlor
- (S)-Metolachlor
- Metribuzin
- Myclobutanil
- Napropamide
- Nitrapyrin
- Orthosulfamuron
- Oryzalin
- Penoxsulam
- Phorate
- Prometryn
- Propamocarb hydrochloride
- Propanil
- Propiconazole
- Propyzamide
- Prothioconazole
- Pyraclostrobin
- Pyrazon
- Rimsulfuron
- Siduron
- Sulfentrazone
- Sulfometuron-methyl
- Tebuconazole
- Tebuthiuron
- Thiamethoxam
- Thiencarbazone-methyl
- Thiobencarb
- Thiophanate methyl
- Triadimefon
- Triallate
- Triclopyr, butoxyethyl ester
- Triclopyr, triethylamine salt
- Triflumizole
- Triticonazole

Note: Authority cited: Sections 11456 and 13145, Food and Agricultural Code.

Reference: Sections 13144, 13145 and 13149, Food and Agricultural Code.

6802. Pesticide Management Zones. [Repealed]

NOTE: Authority cited: Sections 11456, 12976 and 13145, Food and Agricultural Code.

Reference: Section 13145, Food and Agricultural Code.

6804. Specific Numerical Values.

Specific numerical values required by Food and Agricultural Code Section 13144(a) are established as follows:

(a) Water solubility–3 ppm
(b) Soil adsorption coefficient (Koc)–1900 cm³/gm
(c) Hydrolysis–14 days half-life
(d) Aerobic soil metabolism–610 days half-life
(e) Anaerobic soil metabolism–9 days half-life

NOTE: Authority cited: Sections 11456 and 13145, Food and Agricultural Code.

Reference: Sections 13144 and 13145, Food and Agricultural Code.

6806. Use Reporting. [Repealed]

NOTE: Authority cited: Sections 407, 12976, 13145 and 14102, Food and Agricultural Code.

Reference: Section 13145, Food and Agricultural Code.

6808. Sunset Review of Regulations. [Repealed]

NOTE: Authority Cited: Section 11456, Food and Agricultural Code.

Reference: Section 11456, Food and Agricultural Code.

Subchapter 2. Air (§6860-6895)

Article 1. Toxic Air Contaminants

6860. Toxic Air Contaminants List.

The Director designates the following pesticides to be toxic air contaminants:

(a) The following pesticides are designated toxic air contaminants pursuant to Food and Agricultural Code section 14023:
- Chloropicrin
- Chlorpyrifos
- Endosulfan
- Ethyl parathion
- Methidathion
- Methyl isothiocyanate (MITC) and other pesticides that generate MITC
- Methyl parathion
- S,S,S-tributyl phosphorotrithioate (DEF, tribufos)
- Sulfuryl Fluoride
(b) The following pesticides are designated toxic air contaminants to implement Food and Agricultural Code section 14021:
- Acrolein
- Arsenic acid
- Arsenic pentoxide
- Arsenic trioxide
- Captan
- Carbaryl
- Carbon disulfide-generating pesticides
- Chlorine
- Chromic acid
- m-Creosol
- 2,4-D salts and esters
- 1,4-Dichlorobenzene
- 1,3-Dichloropropene
- Dichlorovos
- Ethylene oxide
- Formaldehyde
- Hydrochloric acid
- Lindane
- Mancozeb
- Maneb
- Methanol
- Methoxychlor
- Methyl bromide
- Methyl iodide
- Naphthalene
- 10 10′ oxybisphenoxyarsine
- Pentachloronitrobenzene
- Pentachlorophenol
- Phenol
- Phosphorus
- Phosphine and phosphine-generating pesticides
- Potassium permanganate
- Propoxur
- Propylene oxide
- Sodium cyanide
- Sodium dichromate
- Trifluralin
- Xylene

NOTE: Authority cited: Sections 11456 and 14023, Food and Agricultural Code.

Reference: Sections 14021 and 14023, Food and Agricultural Code.

6864. Criteria for Identifying Pesticides as Toxic Air Contaminants.

A pesticide shall be identified as a toxic air contaminant if its concentrations in ambient air are greater than the following levels (for the purposes of this Section, a threshold is defined as the dose of a chemical below which no adverse effect occurs):

(a) For pesticides which have thresholds for adverse health effects, this level shall be ten-fold below the air concentration which has been determined by the director to be adequately protective of human health.
(b) For pesticides which do not have thresholds for adverse health effects, this level shall be equivalent to the air concentration which would result in a ten-fold lower risk than that which has been determined by the director to be a negligible risk.

NOTE: Authority cited: Section 11456, Food and Agricultural Code.

Reference: Sections 14021 and 14023, Food and Agricultural Code.

Article 2. Volatile Organic Compounds

6880. Criteria to Designate Low-Volatile Organic Compound (VOC) or High-VOC Nonfumigant Pesticide Products.

(a) The Director shall designate in the Annual VOC Emissions Inventory Report all nonfumigant products with agricultural uses containing the following primary active ingredients as low-VOC if the product has less than or equal to the product VOC emission potential listed below. All other products containing the primary active ingredients below with active or inactive registrations shall be designated as high-VOC.

Criteria to Designate Low-Volatile Organic Compound (VOC) or High-VOC Nonfumigant Pesticide Products.
Product Primary Active Ingredient*	Product VOC Emission Potential (percent by weight)
Abamectin	35
Chlorpyrifos	25
Gibberellins	25
Oxyfluorfen	15

*If a product contains more than one active ingredient, the primary active ingredient is the one present at the highest percentage in a product. These criteria do not apply to products that contain an active ingredient listed above, but not as the primary active ingredient, including products with one or more active ingredients present at the same percentage.

NOTE: Authority cited: Sections 11456, 12976, and 14102, Food and Agricultural Code.

Reference: Sections 11501 and 14102, Food and Agricultural Code.

6881. Annual Volatile Organic Compound Emissions Inventory Report.

(a) The Director shall issue an annual emissions inventory report for the Sacramento Metro, San Joaquin Valley, South Coast, Southeast Desert, and Ventura ozone nonattainment areas. The emissions inventory report must:
- (1) report the total agricultural and structural (fumigant and nonfumigant) pesticide volatile organic compound (VOC) emissions for the previous years. Nonfumigant pesticide product emissions will be the summation of the pounds of each pesticide product used multiplied by the VOC content (emission potential) for the specific product. Fumigant product emissions will be the summation of the pounds of each pesticide product used multiplied by the emission potential for that specific product and VOC emission rating for the application method, as specified in (4);
- (2) evaluate compliance with the total pounds of agricultural and structural VOC emissions specified in section 6452.2;
- (3) establish fumigant emissions limits pursuant to section 6452.2 for the upcoming year;
- (4) establish an emission rating for each field fumigation method described in sections 6446.1, 6447.3, 6448.2, 6449.1, 6450.1, 6450.2, 6451.1, or 6452. The emission rating will be expressed as a percentage of the amount of fumigant applied. The Director shall base the emission rating upon available scientific data documenting the VOC emissions;
- (5) establish prohibitions on high-VOC nonfumigant products pursuant to section 6452.2(f), and if applicable, determine if prohibitions pursuant to section 6884(c) remain in effect;
- (6) establish a list of the nonfumigant products that are designated as low-VOC pursuant to section 6880;
- (7) establish a list of the actively registered nonfumigant products that are designated as high-VOC pursuant to section 6880.
(b) A draft emissions report shall be made available to the public for comment. A 45-day public comment period will be provided to allow for submission of written statements or arguments to the Director for review before finalizing the Annual Volatile Organic Compound Emissions Inventory Report. The emissions report will be posted on the Department’s Web site.
(c) Low-VOC agricultural use products registered after the release of the Annual VOC Emissions Inventory Report and contain abamectin, chlorpyrifos, gibberellins, or oxyfluorfen as the primary active ingredient, will be listed in a supplemental report and posted on the Department’s Web site. The products designated as low-VOC will be based upon the criteria established in section 6880.

NOTE: Authority cited: Sections 11456, 12976, 14005, and 14102, Food and Agricultural Code.

Reference: Sections 11501 and 14102, Food and Agricultural Code.

6883. Recommendation Requirements in the San Joaquin Valley Ozone Nonattainment Area.

In the San Joaquin Valley ozone nonattainment area, the operator of the property shall not apply a high-volatile organic compound nonfumigant product specified in section 6881 during May 1 through October 31 to one of the following crops unless they obtain the written recommendation of a licensed agricultural pest control adviser: alfalfa, almond, citrus, cotton, grape, pistachio, and walnut. The operator of the property shall retain the written recommendation for at least two years after the application occurs.

NOTE: Authority cited: Sections 11456, 12976, and 14102, Food and Agricultural Code.

Reference: Sections 11501, 12003, and 14102, Food and Agricultural Code.

6884. San Joaquin Valley Ozone Nonattainment Area Use Prohibitions.

Pursuant to section 6452.2(f), the following shall apply to agricultural uses of high-volatile organic compound (VOC) products specified in the Annual VOC Emissions Inventory Report required in section 6881 containing abamectin, chlorpyrifos, gibberellins, or oxyfluorfen as the primary active ingredient in the San Joaquin Valley ozone nonattainment area during the May 1 through October 31 time period.

(a) No person may apply a nonfumigant product that has been designated as a high-VOC pursuant to section 6880 and as specified in the Annual VOC Emissions Inventory Report required by section 6881 on the following crops: alfalfa, almond, citrus, cotton, grape, pistachio, and walnut. If the product is not listed as a low-VOC, it cannot be used.
(b) Notwithstanding (a), the following exceptions for use of high-VOC products are permitted:
- (1) Use of chlorpyrifos products to control aphids on cotton.
- (2) Use of gibberellins products when applied at an application rate of 16 grams of active ingredient per acre or less.
- (3) Use of oxyfluorfen products when applied at an application rate of 0.125 (⅛) pounds of active ingredient per acre or less.
- (4) Uses for which the U.S. Environmental Protection Agency has issued an emergency exemption from registration under Section 18 of the Federal Insecticide, Fungicide, and Rodenticide Act.
- (5) Uses registered as a Special Local Need under Section 24(c) of the Federal Insecticide, Fungicide, and Rodenticide Act.
- (6) Applications made by or under the direction of the U.S. Department of Agriculture, the California Department of Food and Agriculture, or county agricultural commissioner to control, suppress or eradicate pests.
- (7) Applications using precision spray technology meeting the criteria of the California Office of the Natural Resources Conservation Service’s Environmental Quality Incentives Program.

(c) If prohibitions for high-VOC nonfumigant products are in effect pursuant to section 6452.2(f), those prohibitions must remain in effect until the hypothetical VOC emissions shown in the Annual VOC Emissions Inventory Report comply with the limit specified in section 6452.2(f) for at least two consecutive years. The hypothetical VOC emissions during a year of prohibitions shall be calculated for each active ingredient used on each crop specified in section 6884. The hypothetical emissions shall be calculated by assuming the relative mixture of high and low-VOC products used in the current year of prohibitions would have been the same as in the most recent year without prohibitions. The VOC emissions are then calculated using that product mixture for the amount of active ingredient used in the current year.
The following formula represents how the hypothetical VOC emissions described above would be calculated for each pesticide-crop combination:

VOC emission formula
Hypothetical emissions for a pesticide-crop combination listed in section 6884 during May-Oct for the year of prohibitions	=	(Emissions for the pesticide-crop combination during May-Oct for the most current year without prohibitions)	X	(Pounds active ingredient for the crop during May-Oct for the year of prohibitions)
		Pounds active ingredient for the crop during May-Oct for the most current year without prohibitions

The total hypothetical VOC emissions will be the summation of the hypothetical emissions for each pesticide-crop combination, plus the actual VOC emissions for the remaining pesticides and crops not listed in section 6880.

(d) If the Director makes a determination that the removal of an active ingredient designated as a high-VOC in section 6880, or the removal of a crop in subsection (a), or the addition of an exception in subsection (b) will not affect the ability to comply with the limit specified in section 6452.2(f) (17.2 tons per day), then the Director may approve the interim removal and/or addition using the Annual VOC Emissions Inventory process described below in (e).
- (1)The Director’s determination to remove an active ingredient shall be based on:
  - (A) the decrease in its use and emissions;
  - (B) the decrease being caused by factors that are likely to persist; and
  - (C) on a calculation of the inventory using the assumption that all applications to the crops listed in subsection (a) would have used the product(s) containing the removed pesticide that would result in the highest VOC emissions for the two most recent years of the VOC emissions inventory.
- (2) The Director’s determination to remove a crop shall be based on:
  - (A) the decrease in use and emissions from products specified in section 6880 on this crop;
  - (B) the decrease being caused by factors that are likely to persist; and
  - (C) on a calculation of the inventory using the assumption that all applications to the removed crop would use the products containing the primary active ingredients listed in section 6880 that result in the highest VOC emissions for the two most recent years of VOC emissions inventory.
- (3) The Director’s determination to add an exception shall be based on the estimated VOC emissions that would result from allowing the exception based on the two most recent years of the VOC emissions inventory and study information. The study must:
  - (A) specify the maximum application rate (pounds per acre) of the high-VOC product of the added exception; and
  - (B) estimate the maximum number of acres that could be treated with a high-VOC product for the added exception during May-October, and the method to estimate the number of acres.
  - (C) No exception would be allowed unless the study shows a greater amount of an active ingredient must be applied using a low-VOC product to achieve the same efficacy as a high-VOC product.
(e) The Director shall publish the proposed interim removal of an active ingredient or crop, or the addition of an exception in the draft VOC emissions report specified in section 6881(b). The report must include a description of the calculations used to determine that the limit specified in section 6452.2(f) would not have been exceeded in the two most recent years, with the removal or addition. The report must also include a description of the changes in cropping patterns, pest management practices, product registration, regulatory requirements, or other factors that have caused a decrease in use and emissions, and are likely to persist. A 45-day public comment period will be provided to allow for submission of written statements or arguments to the Director for review before finalizing the Annual VOC Emissions Inventory Report. The emissions report will be posted on the Department’s Web site. The removal or addition must be evaluated each year in the Annual VOC Emissions Inventory Report and may only remain in effect up to three years unless implemented through state and federal rulemaking.

NOTE: Authority cited: Sections 11456, 12976, and 14102, Food and Agricultural Code.

Reference: Sections 11501 and 14102, Food and Agricultural Code.

6886. Dealer Responsibilities for the San Joaquin Valley Ozone Nonattainment Area.

Each licensed pest control dealer of a high-volatile organic compound (VOC) nonfumigant product specified in the Annual VOC Emissions Inventory Report, shall provide VOC information, in writing, to the purchaser at time of purchase or delivery pursuant section 6577 if the sale is made to or for the operator of the property with an operator identification number issued by a county agricultural commissioner in the San Joaquin Valley ozone nonattainment area.

NOTE: Authority cited: Sections 11456 and 12111, Food and Agricultural Code.

Reference: Section 11501, Food and Agricultural Code.

6895. Prohibition of Use of Weed Oils. [Repealed]

NOTE: Authority cited: Sections 407, 12781 and 12981, Food and Agricultural Code.

Reference: Sections 11501 and 12824, Food and Agricultural Code.

Subchapter 3. Aquatic and Marine Environments (§6900-6950)

Article 1. Pesticide Contamination Protection

6900. Antifouling Paints or Coatings Containing Tributyltin.

Antifouling paints or coatings that contain tributyltin shall have an average release rate of no more than four micrograms of organotin per square centimeter per day as determined by the EPA testing procedure (ASTM Draft 6).

NOTE: Authority cited: Sections 11456, 12781, 14005 and 14102, Food and Agricultural Code.

Reference: Sections 12824, 14005 and 14006, Food and Agricultural Code; and Public Law No. 100-333 (June 16, 1988) 102 Statutes 605.

6910. Prohibition of Use and Sale of Pesticide Products Containing Tributyltin.

(a) No person shall possess for use or use a pesticide product containing tributyltin for the control of fouling microorganisms (such as bacteria, algae, or fungi) in cooling water systems in the counties of Alameda, Contra Costa, Marin, Napa, San Francisco, San Mateo, Santa Clara, Solano, and Sonoma for the control of fouling microorganisms (such as bacteria, algae, or fungi) in cooling water systems.
(b) No person in the counties listed in subsection (a) shall sell to users a pesticide containing tributyltin for the control of fouling microorganisms (such as bacteria, algae, or fungi) in cooling water systems.

NOTE: Authority cited: Sections 12976, 14005 and 14102, California Food and Agricultural Code.

Reference: Sections 14005, 14006 and 14102, California Food and Agricultural Code.

6920. Prohibition of Use and Sale of Pesticide Products Containing Copper.

(a) No person shall possess for use or use a pesticide product containing copper sulfate for the control in sewers and drains, of tree or other plant roots, or fungal slime in the counties of Alameda, Contra Costa, Marin, Napa, San Francisco, San Mateo, Santa Clara, Solano and Sonoma.
(b) No person in the counties listed in subsection (a) shall sell to users a pesticide product containing copper sulfate for the control in sewers, and drains, of tree or other plant roots, or fungal slime.

NOTE: Authority cited: Sections 12976 and 14102, California Food and Agricultural Code.

Reference Section 14102, California Food and Agricultural Code.

6950. Clopyralid.

The provisions of this section apply to pesticide products that contain the active ingredient clopyralid and are intended for lawn and turf use as defined in Food and Agricultural Code section 13190(e).

(a) No application shall be made to lawn and turf unless the licensed or certified qualified applicator assures that the grass clippings from the treated area remain on the property. In no instances shall clopyralid-containing products be applied to residential lawns.

NOTE: Authority cited: Sections 11456, 12781, 12976, and 14102, Food and Agricultural Code.

Reference: Sections 12824, 13191, and 13192, Food and Agricultural Code.

Subchapter 5. Surface Water (§6960-6972)

Article 1. Pesticide Contamination Prevention

6960. Dormant Insecticide Contamination Prevention.

(a) The operator of the property shall meet at least one of the following requirements when making dormant applications:
- (1) only apply a dormant oil, or a biocontrol agent such as but not limited to spinosad or Bacillus sp.; or
- (2) only apply to a hydrologically isolated site; or
- (3) divert any runoff with an on-farm recirculating system and/or contain and hold any runoff for 72 hours before releasing into a sensitive aquatic site.
(b) If none of the requirements in subsection (a) can be met, the following dormant insecticide application restrictions shall apply:
- (1)the operator of the property to be treated shall obtain a written recommendation from a licensed pest control adviser prior to the application; and
- (2)the application shall not be made within 100 feet of any sensitive aquatic site; and
- (3) wind speed shall be 3-10 miles per hour (mph) at the perimeter of the application site as measured by an anemometer on the upwind side.
(c) Aerial application of dormant insecticides shall only be allowed if:
- (1) soil conditions do not allow field entry, or approaching bloom conditions necessitate aerial application; and
- (2) all the requirements in subsection (b) are met.
(d) No dormant insecticide application shall occur if:
- (1) soil moisture is at field capacity and a storm event, forecasted by the National Oceanic and Atmospheric Administration (NOAA) or National Weather Service (NWS), is to occur within 48 hours following application; or
- (2) a storm event likely to produce runoff from the treated area is forecasted by NOAA/NWS to occur within 48 hours following the application.

6970. Surface Water Protection in Outdoor Nonagricultural Settings.

The provisions of this section apply to any person performing pest control for hire, including landscape maintenance gardeners, when any of the following pesticides is applied outdoors to structural, residential, industrial, and institutional sites:

bifenthrin
bioallethrin
S-bioallethrin
cyfluthrin
beta-cyfluthrin
gamma-cyhalothrin
lambda-cyhalothrin
cypermethrin
deltamethrin
esfenvalerate
fenpropathrin
tau-fluvalinate
permethrin
phenothrin
prallethrin
resmethrin
tetramethrin

(a) Except when prohibited in (e), applications to the soil surface, mulch, gravel, lawn, turf, or groundcover must be made using only the methods described below:
- (1) Spot treatment
- (2) Pin stream treatment of one-inch wide or less
- (3) Perimeter band treatment of three feet wide or less from the base of a building outward
- (4) Broadcast treatment but not within two feet from any horizontal impervious surface. Pin stream treatment of one-inch wide or less may be made within the two-foot area.
- (5) For broadcast treatment of termiticides to preconstruction sites, prior to precipitation, the treatment site must be covered with a waterproof covering, such as a polyethylene sheet, or a concrete slab must be poured over the treated soil.
(b) Except when prohibited in (e), applications to windows and doors, and horizontal impervious surfaces must be made using only the methods described below:
- (1) Spot treatment
- (2) Crack and crevice treatment
- (3) Pin stream treatment of one-inch wide or less
(c) Except when prohibited in (e), applications to vertical structural surfaces, such as walls, foundations, and fencing, must be made using only the methods described below:
- (1) Spot treatment
- (2) Crack and crevice treatment
- (3) Pin stream treatment of one-inch wide or less
- (4) Perimeter band treatment up to a maximum height of two feet above the grade level.
(d) Except when prohibited in (e), for applications using granules to the soil surface, mulch, gravel, lawn, turf, or groundcover, the applicator shall sweep any granules that land on horizontal impervious surfaces onto the treatment site.
(e) The following applications are prohibited:
- (1) To any site during precipitation, except for applications made to the underside of eaves;
- (2) To the soil surface, mulch, gravel, lawn, turf, groundcover, or horizontal impervious surfaces with standing water, including puddles;
- (3) To a sewer or storm drain, or curbside gutter;
- (4) To the following components of a constructed drainage system that drains to a sewer or storm drain, curbside gutter, or aquatic habitat:
  - (A) Visible drainage grate connected to a drain pipe; or
  - (B) Visible french drain, or a landscaped dry river bed, swale or trench filled with gravel or rock;
- (5) To the soil surface, including preconstruction termiticide sites, mulch, gravel, lawn, turf, groundcover, or horizontal impervious surfaces within 25 feet of aquatic habitat located downgradient from the application. The applicator shall measure the distance from the high water mark or intermittent streams that are dry from the top of the near bank; or
- (6) To the preconstruction termiticide site within 10 feet of a storm drain located downgradient from the application.
(f) Application to plants, shrubs, or trees where there is standing water in the dripline or perimeter of the plants, shrubs, or trees is prohibited.

NOTE: Authority cited: Section 11456, Food and Agricultural Code.

Reference: Sections 11456 and 11501, Food and Agricultural Code.

6972. Exemptions from Surface Water Protection in Outdoor Nonagricultural Settings.

The following applications are exempt from the provisions of section 6970:

(a) Injection into soil or structural materials, such as bricks, concrete, or wood.
(b) Post-construction rod or trench termiticide application methods.
(c) Applications to below-ground insect nests or nests made of mud or paper combs.
(d) Applications of baits in weather-proof stations or gel baits.
(e) Pesticide applications to receiving waters for which a permit has been issued under the Statewide General National Pollutant Discharge Elimination System (NPDES) for Pesticide Discharges to Waters of the U.S. from Spray Applications, and Vector Control Applications.
(f) Applications to the underside of eaves.
(g) Foggers or aerosol applications.

NOTE: Authority cited: Section 11456, Food and Agricultural Code.

Reference: Sections 11456 and 11501, Food and Agricultural Code.

Subchapter 6. Pollinator Protection (§6980-6990.16)

Article 1. Protection of Bees

6980. Pesticides Toxic to Bees.

(a) Pesticides toxic to bees are those that include the words “toxic to bees” on the product labeling, regardless of modifying words on the label.
(b) Bees are considered to be inactive from one hour after sunset to two hours before sunrise or when the temperature is below 50 degrees Fahrenheit. The sunset and sunrise times will be those indicated in the local newspaper or on the local news Web site.

NOTE: Authority cited: Section 29102, Food and Agricultural Code.

Reference: Sections 29100 and 29102, Food and Agricultural Code.

6981. Vector Control Exemption.

Pesticides diluted in one-half gallon of water or more per acre applied by local vector control agencies or their contractors pursuant to a cooperative agreement with the Department of Health Services are exempt from the requirements of this article.

NOTE: Authority cited: Section 29102, Food and Agricultural Code.

Reference: Sections 29100 and 29102, Food and Agricultural Code.

6982. Apiary Operator Request for Notification.

(a) Each apiary operator, or their designated representative, who desires to receive advance notification of pesticide applications toxic to bees from persons intending to apply pesticide(s) labeled toxic to bees, shall inform the commissioner when the apiary operator, or their designated representative, registers in that county pursuant to section 29040 of the Food and Agricultural Code. This request for notification shall expire on December 31 of each year

NOTE: Authority cited: Section 11456 and 29102, Food and Agricultural Code.

Reference: Section 29102, Food and Agricultural Code.

6983. Notification to Apiary Operators.

(a) Each person intending to apply any pesticide labeled toxic to bees to a blossoming plant shall, prior to the application, inquire of the commissioner or of a notification service designated by the commissioner, whether any apiary operator with apiaries within one mile of the application site, or their designated representative, has requested notification of such application.
(b) If the person performing pest control is made aware of a request for notification pursuant to subsection (a), he or she shall notify the apiary operator, or their designated representative, at least 48 hours in advance of the application. The notification must include:
- (1) time and place the application is to be made;
- (2) crop and acreage to be treated;
- (3) method of application;
- (4) active ingredient(s) and dosage rate of the pesticide to be applied; and
- (5) how the person performing pest control may be contacted by the apiary operator or their designated representative.

This advance notification time may be increased or decreased by the commissioner, or by an agreement of both the apiary operator, or their designated representative, and the person performing the pest control work.

NOTE: Authority cited: Section 29102, Food and Agricultural Code.

Reference: Section 29102, Food and Agricultural Code.

6984. Citrus/Bee Protection Area.

(a) The provisions of this section apply to a citrus/bee protection area during the March 15 through May 31 time period. A citrus/bee protection area means the area within one mile of any citrus planting of one acre or more within Fresno, Kern, or Tulare counties.
(b) The citrus bloom period, in any citrus grove, for purposes of declaring bloom, shall be from when 10 percent of the total citrus blossoms are open until 75 percent of the blossom petals on the north side of the trees have fallen.
The commissioner shall give public notice of the official beginning and ending dates of each citrus bloom period for each citrus growing district in the county, at least three days before establishing such dates
(c) Pesticide applications of products labeled toxic to bees may be made 48 hours or more after the official end of citrus bloom without advance notification to apiary operators, or their designated representatives, until March 15 of the following year. Growers/pesticide applicators wishing to make pesticide applications prior to 48 hours after the official end of bloom shall follow the inquiry and notification procedures specified in section 6983.
(d) Each person who owns or operates any apiary shall file a written notice of apiary location with the commissioner before March 15 and shall update such notice within 72 hours for any apiary location changes, including notice of departure from the county.
(e) Each apiary operator, or their designated representative, who desires advance notification of pesticide applications of products labeled toxic to bees that will be performed from March 15 through May 31, shall inform the commissioner as specified in section 6982.
(f) Any person intending to apply a pesticide labeled toxic to bees, as defined in subsection 6980(a), to citrus during a citrus bloom period, except as otherwise provided in this subsection, shall file a notice of intent with the commissioner as provided in section 6434(b) at least 48 hours prior to the intended application. This subsection shall not apply to pesticides listed in subsection 6984(g) applied when bees are inactive.
(g) Notwithstanding section 6983(b), the following pesticide applications may be made during the citrus bloom period when bees are inactive, as defined in subsection 6980(b), without notification to apiary operators, or their designated representatives:
- (1) Any pesticide that does not include the words “toxic to bees” on the product labeling;
- (2) Any pesticide applied so that the time period of the Residual Toxicity specified on the product labeling will expire before the next period of bee activity; or
- (3) Any pesticide that includes the words “toxic to bees” on the product labeling, if the labeling allows applications when bees are inactive.
(h) Except for pesticide applications allowed in subsection (g) during the citrus bloom period, an application delay of 48 hours or more requires that the person intending to apply the pesticide re-contact apiary operators, or their designated representatives, and inform them of the change in scheduling.
(i) The following applications to citrus are prohibited:
- (1) Carbaryl from first bloom until complete petal fall.
- (2) Any pesticide labeled toxic to bees, except those exempted in subsection (g) during a citrus bloom period, unless the pesticide is applied to control a California Department of Food and Agriculture declared quarantine pest, or the need for control of lepidoptera larvae or citrus thrips (Scirtothrips citri) has been established by written recommendation of a representative of the University of California Cooperative Extension, or a licensed agricultural pest control adviser. The recommendation shall state that the citrus planting does not meet the citrus bloom period criteria and why alternatives less hazardous to bees would not be effective.

NOTE: Authority cited: Sections 11456 and 29102, Food and Agricultural Code.

Reference: Sections 29100, 29101 and 29102, Food and Agricultural Code.

Article 2. Neonicotinoid Pesticide Exposure Protection

6990. Definitions and Scope.

(a) For the purposes of this article, the following definitions apply:
- (1) “Bloom” means the period from the onset of flowering until petal fall is complete. For citrus subject to section 6984, the bloom period is as defined in section 6984(b).
- (2) “Crop group” means the groupings of agricultural commodities specified in title 40, Code of Federal Regulations, section 180.41(c) (July 1, 2020), 85 Fed. Reg. 70985 (Nov. 6, 2020), and 87 Fed. Reg. 57627 (Sept. 21, 2022).
- (3) “Growing season” means the time period from planting until harvest is completed for a particular annual crop or biennial crop, and is not more than one year (365 days) for perennial crops.
- (4) “Managed pollinators” means bees introduced in a field to provide pollination services to the crops in the field.
- (5) “Neonicotinoid” means a pesticide containing any of the following active ingredients in the nitroguanidine insecticide class of neonicotinoids: clothianidin, dinotefuran, imidacloprid, and thiamethoxam.
- (6) The term “lbs. ai/A/season” means the application rate in unit of pounds (lbs.) of active ingredient (ai) per acre (A) per growing season (season).
(b) The provisions of this article apply to foliar, soil, or both foliar and soil applications of products containing one or more neonicotinoid active ingredients when used for the production of the following agricultural commodities:
- (1) Berries and small fruits (Crop Groups 13 and 13-07)
- (2) Bulb vegetables (Crop Groups 3 and 3-7)
- (3) Cereal grains (Crop Groups 15, 15-22, 16 and 16-22)
- (4) Citrus fruit (Crop Groups 10 and 10-10)
- (5) Cucurbit vegetables (Crop Group 9)
- (6) Fruiting vegetables (Crop Groups 8 and 8-10)
- (7) Herbs and spices (Crop Groups 19, 25 and 26)
- (8) Leafy vegetables including brassica (cole) (Crop Groups 4, 4-16, 5, 5-16 and 22)
- (9) Legume vegetables (Crop Groups 6, 6-22, 7 and 7-22)
- (10) Oilseed (Crop Group 20)
- (11) Pome fruits (Crop Groups 11 and 11-10)
- (12) Root and tuber vegetables (Crop Groups 1 and 2)
- (13) Stone fruits (Crop Groups 12 and 12-12)
- (14) Tree nuts (Crop Groups 14 and 14-12)
- (15) Tropical and subtropical fruit, edible and inedible peel (Crop Groups 23 and 24)
- (16) Coffee, peanuts, globe artichoke, mint, hops (female plants only), and tobacco
(c) The following applications are not subject to this article:
- (1) An application made to an agricultural commodity grown inside an enclosed space, insect exclusionary structure, or insect exclusionary netting if both of the following conditions are met:
  - (A) The agricultural commodity is fully covered by the enclosed space, insect exclusionary structure, or insect exclusionary netting for the entire duration of the bloom period; and
  - (B) Managed pollinators are not introduced into the enclosed space, insect exclusionary structure, or insect exclusionary netting.
- (2) An application made to address a local emergency pursuant to Government Code section 8630 or a local emergency declared by the U.S. Department of Agriculture or the California Department of Food and Agriculture. The operator of the property shall obtain the written recommendation from a licensed agricultural pest control adviser and retain the written recommendation for at least two years after the application occurs.
- (3) An application to control a quarantine pest declared by the U.S. Department of Agriculture or the California Department of Food and Agriculture if the operator of the property obtains written recommendation from a licensed agricultural pest control adviser. The operator of the property shall retain the written recommendation for at least two years after the application occurs.
- (4) An application allowed under an active “Section 18” Emergency Exemption issued pursuant to section 18 of the Federal Insecticide, Fungicide, and Rodenticide Act (title 7, United States Code, section 136p).
- (5) An application authorized for research purposes to support a proposed amendment to these regulations. Before using a neonicotinoid in this manner, a written authorization for research must be obtained from the Director. The Director may specify the conditions in the authorization for research under which the research must be conducted. The Director may terminate, amend, or refuse to issue an authorization for research if the Director determines any of the following:
  - (A) The research may involve a hazard to human health or the environment.
  - (B) The research may be used for purposes unrelated to pesticide data development.
  - (C) A violation of the authorization for research, prior authorization for research, or Divisions 6 or 7 of the Food and Agricultural Code, or a regulation adopted pursuant to them, has occurred in connection with the research.
(d) For purposes of this article, if at any point during the growing season the operator of the property uses managed pollinators at the application site, then the operator of the property is presumed to have intended to use managed pollinators at the time of application.

NOTE: Authority cited: Sections 11456 and 12976, Food and Agricultural Code.

Reference: Sections 12824 and 12838, Food and Agricultural Code.

6990.1. Neonicotinoid Use on Berries and Small Fruits (Crop Groups 13 and 13-07).

The provisions of this section apply to any neonicotinoid application made to a crop in the berries and small fruits crop groups, with the exception of mulberries. Application of a neonicotinoid to mulberries is not subject to the provisions of this article.

(a) Application of a neonicotinoid is prohibited during bloom.
(b) If both soil and foliar application methods are used on the same crop, or if multiple neonicotinoid active ingredients are applied to the same crop, a total maximum combined application rate of 0.3 lbs. ai/A/season may be applied, provided that:
- (1) Soil application rate must not exceed 0.2 lbs. ai/A/season; and
- (2) Foliar application rate must not exceed 0.1 lbs. ai/A/season.
(c) Except as specified in subsection (d), if managed pollinators will be used during the growing season, application of a neonicotinoid is prohibited.

(d) Grapes. If managed pollinators will be used to pollinate grapes during the growing season, an application of a neonicotinoid to grapes may be made under the application rate and timing restrictions listed in the following table. These restrictions apply in addition to the limitations in subsections (a) and (b):

Application Rate and Timing Restrictions for Grapes

Application Rate and Timing Restrictions for Grapes
Active Ingredient	Soil Application		Foliar Application
Active Ingredient	Maximum Application Rate	Required Timing	Maximum Application Rate	Required Timing
Clothianidin, Dinotefuran, Imidacloprid, or Thiamethoxam	0.2 lbs. ai/A/season	Apply only up until bud break	0.1 lbs. ai/A/season	Apply only between post-bloom (all flower hoods fallen) and harvest

NOTE: Authority cited: Sections 11456 and 12976, Food and Agricultural Code.

Reference: Sections 12824 and 12838, Food and Agricultural Code.

6990.2. Neonicotinoid Use on Bulb Vegetables (Crop Groups 3 and 3-07).

When crops in the bulb vegetables crop groups are harvested before bloom, an application of a neonicotinoid to these crops is not subject to the provisions of this article. Otherwise, an application of a neonicotinoid to these crops is prohibited.

NOTE: Authority cited: Sections 11456 and 12976, Food and Agricultural Code.

Reference: Sections 12824 and 12838, Food and Agricultural Code.

6990.3. Neonicotinoid Use on Cereal Grains (Crop Groups 15, 15-22, 16 and 16-22).

The provisions of this section apply to any neonicotinoid application made to a crop in the cereal grains crop groups. An application of a neonicotinoid to barley, oats, rice (Oryza sativa), rye, triticale, or wheat is not subject to the provisions of this article.

(a) Application of a neonicotinoid is prohibited from heading (inflorescence or tassel emergence) to harvest.
(b) If both soil and foliar application methods are used on the same crop, or if multiple neonicotinoid active ingredients are applied to the same crop, a total maximum combined application rate of 0.326 lbs. ai/A/season may be applied, provided that:
- (1) Soil application rate must not exceed 0.2 lbs. ai/A/season; and
- (2) Foliar application rate must not exceed 0.126 lbs. ai/A/season.

(c) If managed pollinators will be used during the growing season, the application rate and timing restrictions listed in the following table apply in addition to the limitations in subsections (a) and (b):

Application Rate and Timing Restrictions for Crops in the Cereal Grains Crop Groups

Application Rate and Timing Restrictions for Crops in the Cereal Grains Crop Groups
Active Ingredient	Soil Application		Foliar Application
Active Ingredient	Maximum Application Rate	Required Timing	Maximum Application Rate	Required Timing
Clothianidin, Dinotefuran, Imidacloprid, or Thiamethoxam	0.2 lbs. ai/A/season	Apply only at pre-planting or planting	0.126 lbs. ai/A/season	Apply only between pre-planting until heading (inflorescence or tassel emergence)

NOTE: Authority cited: Sections 11456 and 12976, Food and Agricultural Code.

Reference: Sections 12824 and 12838, Food and Agricultural Code.

6990.4. Neonicotinoid Use on Citrus Fruit (Crop Groups 10 and 10-10).

The provisions of this section apply to any neonicotinoid application made to a crop in the citrus fruit crop groups.

(a) Application of a neonicotinoid is prohibited during bloom.
(b) If both soil and foliar application methods are used on the same crop, or if multiple neonicotinoid active ingredients are applied to the same crop, a total maximum combined application rate of 0.422 lbs. ai/A/season may be applied, provided that:
- (1) Soil application rate must not exceed 0.25 lbs. ai/A/season; and
- (2) Foliar application rate must not exceed 0.172 lbs. ai/A/season.

(c) The application rate and timing restrictions listed in the following table apply in addition to the limitations in subsections (a) and (b):

Application Rate and Timing Restrictions for Crops in the Citrus Fruit Crop Groups

Application Rate and Timing Restrictions for Crops in the Citrus Fruit Crop Groups
Active Ingredient	Soil Application		Foliar Application
Active Ingredient	Maximum Application Rate	Required Timing	Maximum Application Rate	Required Timing
Clothianidin	0.2 lbs. ai/A/season	Apply only between petal fall and September 17	0.172 lbs. ai/A/season	Apply only between petal fall and November 20
Dinotefuran	0.172 lbs. ai/A/season	Apply only between petal fall and February 10	0.172 lbs. ai/A/season	Apply only between petal fall and November 20
Imidacloprid	0.25 lbs. ai/A/season	Apply only between petal fall and December 6	0.172 lbs. ai/A/season	Apply only between petal fall and November 20
Thiamethoxam	0.172 lbs. ai/A/season	Apply only between petal fall and February 10	0.172 lbs. ai/A/season	Apply only between petal fall and November 20

NOTE: Authority cited: Sections 11456 and 12976, Food and Agricultural Code.

Reference: Sections 12824 and 12838, Food and Agricultural Code.

6990.5. Neonicotinoid Use on Cucurbit Vegetables (Crop Group 9).

The provisions of this section apply to any neonicotinoid application made to a crop in the cucurbit vegetables crop group.

(a) Application of a neonicotinoid is prohibited during bloom, with the exception of soil applications of dinotefuran. Soil applications of dinotefuran may be applied during bloom.
(b) If both soil and foliar application methods are used on the same crop, or if multiple neonicotinoid active ingredients are applied to the same crop, a total maximum combined application rate of 0.736 lbs. ai/A/season may be applied, provided that:
- (1) Soil application rate must not exceed 0.536 lbs. ai/A/season; and
- (2) Foliar application rate must not exceed 0.2 lbs. ai/A/season.

(c) Except as provided in subsection (d), if managed pollinators will be used within the growing season, the application rate and timing restrictions listed in the following table apply in addition to the limitations in subsections (a) and (b):

Application Rate and Timing Restrictions for Crops in the Cucurbit Vegetables Crop Group

Application Rate and Timing Restrictions for Crops in the Cucurbit Vegetables Crop Group
Active Ingredient	Soil Application		Foliar Application
Active Ingredient	Maximum Application Rate	Required Timing	Maximum Application Rate	Required Timing
Clothianidin	0.2 lbs. ai/A/season	Apply only from pre-planting until primary side shoot formation	0.2 lbs. ai/A/season	Apply only from pre-planting until bloom
Dinotefuran	0.536 lbs. ai/A/season	None	0.172 lbs. ai/A/season	Apply only from pre-planting until bloom
Imidacloprid	0.172 lbs. ai/A/season	Apply only from pre-planting until fifth true leaf on main stem unfolded	0.172 lbs. ai/A/season	Apply only from pre-planting until bloom
Thiamethoxam	0.172 lbs. ai/A/season	Apply only from pre-planting until fifth true leaf on main stem unfolded	0.172 lbs. ai/A/season	Apply only from pre-planting until bloom

(d) Exceptions:
- (1) Cucumbers. If managed pollinators will be used for cucumbers during the growing season, then foliar applications of dinotefuran, imidacloprid, or thiamethoxam are prohibited. For foliar applications of clothianidin and soil applications of all neonicotinoids, the rates and timing restrictions listed in subsection (c) apply.
- (2) Melons. If managed pollinators will be used for melons during the growing season, then soil applications of clothianidin are prohibited. For soil applications of dinotefuran, imidacloprid, or thiamethoxam and foliar applications of all neonicotinoids, the rates and timing restrictions listed in subsection (c) apply.

NOTE: Authority cited: Sections 11456 and 12976, Food and Agricultural Code.

Reference: Sections 12824 and 12838, Food and Agricultural Code.

6990.6. Neonicotinoid Use on Fruiting Vegetables (Crop Groups 8 and 8-10).

The provisions of this section apply to any neonicotinoid application made to a crop in the fruiting vegetables crop groups.

(a) Application of a neonicotinoid is prohibited during bloom.
(b) If both soil and foliar application methods are used on the same crop, or if multiple neonicotinoid active ingredients are applied to the same crop, a total maximum combined application rate must not exceed 0.172 lbs. ai/A/season.

(c) Except as provided in subsection (d), if managed pollinators will be used to pollinate crops in the fruiting vegetables crop groups during the growing season, the application rate and timing restrictions listed in the following table apply in addition to the limitations in subsections (a) and (b):

Application Rate and Timing Restrictions for Crops in the Fruiting Vegetables Crop Groups

Application Rate and Timing Restrictions for Crops in the Fruiting Vegetables Crop Groups
Active Ingredient	Soil Application		Foliar Application
Active Ingredient	Maximum Application Rate	Required Timing	Maximum Application Rate	Required Timing
Clothianidin, Dinotefuran, Imidacloprid, or Thiamethoxam	0.172 lbs. ai/A/season	Apply only from pre-planting until third leaf on main shoot unfolded	Prohibited

(d) Exceptions: If managed pollinators will be used for peppers, goji berries, ground cherries, martynia, okra, roselle, or tomatillos during the growing season, then application of a neonicotinoid is prohibited.

NOTE: Authority cited: Sections 11456 and 12976, Food and Agricultural Code.

Reference: Sections 12824 and 12838, Food and Agricultural Code.

6990.7. Neonicotinoid Use on Herbs and Spices (Crop Groups 19, 25 and 26).

When crops in the herbs and spices crop groups are harvested before bloom, an application of a neonicotinoid to these crops is not subject to the provisions of this article. Otherwise, an application of a neonicotinoid to these crops is prohibited.

NOTE: Authority cited: Sections 11456 and 12976, Food and Agricultural Code.

Reference: Sections 12824 and 12838, Food and Agricultural Code.

6990.8. Neonicotinoid Use on Leafy Vegetables Including Brassica (Cole) (Crop Groups 4, 4-16, 5, 5-16 and 22).

When crops in the leafy vegetables, brassica (cole), stalk, and stem crop groups are harvested before bloom, an application of a neonicotinoid to these crops is not subject to the provisions of this article. Otherwise, an application of a neonicotinoid to these crops is prohibited.

NOTE: Authority cited: Sections 11456 and 12976, Food and Agricultural Code.

Reference: Sections 12824 and 12838, Food and Agricultural Code.

6990.9. Neonicotinoid Use on Legume Vegetables (Crop Groups 6, 6-22, 7 and 7-22).

The provisions of this section apply to any neonicotinoid application made to a crop in the legume vegetables crop groups.

(a) Application of a neonicotinoid is prohibited during bloom.
(b) If both soil and foliar application methods are used on the same crop, or if multiple neonicotinoid active ingredients are applied to the same crop, a total maximum combined application rate must not exceed 0.126 lbs. ai/A/season.

Application Rate and Timing Restrictions for Crops in the Legume Vegetables Crop Groups
Active Ingredient	Soil Application		Foliar Application
Active Ingredient	Maximum Application Rate	Required Timing	Maximum Application Rate	Required Timing
Clothianidin	Prohibited		Prohibited
Dinotefuran	Prohibited		0.126 lbs. ai/A/season	Apply only from pre-planting until bloom
Imidacloprid	Prohibited		Prohibited
Thiamethoxam	Prohibited		0.126 lbs. ai/A/season	Apply only from pre-planting until bloom

NOTE: Authority cited: Sections 11456 and 12976, Food and Agricultural Code.

Reference: Sections 12824 and 12838, Food and Agricultural Code.

6990.10. Neonicotinoid Use on Oilseed (Crop Group 20).

The provisions of this section apply to any neonicotinoid application made to a crop in the oilseed crop group.

(a) Application of a neonicotinoid is prohibited during bloom.
(b) If both soil and foliar application methods are used on the same crop, or if multiple neonicotinoid active ingredients are applied to the same crop, a total maximum combined application rate must not exceed 0.3 lbs. ai/A/season.

Application Rate and Timing Restrictions for Crops in the Oilseed Crop Group
Active Ingredient	Soil Application		Foliar Application
Active Ingredient	Maximum Application Rate	Required Timing	Maximum Application Rate	Required Timing
Clothianidin	Prohibited		Prohibited
Dinotefuran	Prohibited		Prohibited
Imidacloprid	Prohibited		0.3 lbs. ai/A/season	Apply only from pre-planting until bloom
Thiamethoxam	Prohibited		Prohibited

NOTE: Authority cited: Sections 11456 and 12976, Food and Agricultural Code.

Reference: Sections 12824 and 12838, Food and Agricultural Code.

6990.11. Neonicotinoid Use on Pome Fruits (Crop Groups 11 and 11-10).

The provisions of this section apply to any neonicotinoid application made to a crop in the pome fruits crop groups.

(a) Application of a neonicotinoid is prohibited during bloom.
(b) If both soil and foliar application methods are used on the same crop, or if multiple neonicotinoid active ingredients are applied to the same crop, a total maximum combined application rate of 0.567 lbs. ai/A/season may be applied provided that:
- (1) Soil application rate must not exceed 0.38 lbs. ai/A/season; and
- (2) Foliar application rate must not exceed 0.187 lbs. ai/A/season.

Application Rate and Timing Restrictions for Crops in the Pome Fruit Crop Groups
Active Ingredient	Soil Application		Foliar Application
Active Ingredient	Maximum Application Rate	Required Timing	Maximum Application Rate	Required Timing
Clothianidin, Dinotefuran, Imidacloprid, or Thiamethoxam	0.38 lbs. ai/A/season	Apply only between post-bloom and harvest	0.187 lbs. ai/A/season	Apply only between post-bloom and harvest

NOTE: Authority cited: Sections 11456 and 12976, Food and Agricultural Code.

Reference: Sections 12824 and 12838, Food and Agricultural Code.

6990.12. Neonicotinoid Use on Root and Tuber Vegetables (Crop Groups 1 and 2).

The provisions of this section apply to any neonicotinoid application made to a crop in the root and tuber vegetables crop groups, except for cassava. Application of a neonicotinoid to sweet or bitter cassava is not subject to the provisions of this article.

(a) If any of the following crops will be harvested before bloom, then the provisions of this article do not apply: arracacha, artichokes (Chinese and Jerusalem), carrots, chicory roots, garden beets, sugar beets, turnips, turnip-rooted chervil, turnip-rooted parsley, parsnips, radishes, oriental radishes, rutabagas, and skirret. Otherwise, if these crops are harvested after bloom or are grown for seed, this section applies.
(b) Application of a neonicotinoid is prohibited during bloom.
(c) If both soil and foliar application methods are used on the same crop, or if multiple neonicotinoid active ingredients are applied to the same crop, a total maximum combined application rate of 0.388 lbs. ai/A/season may be applied, provided that:
- (1) Soil application rate must not exceed 0.338 lbs. ai/A/season; and
- (2) Foliar application rate must not exceed 0.05 lbs. ai/A/season.

(d) If managed pollinators will be used during the growing season, the application rate and timing restrictions listed in the following table apply in addition to the limitations in subsections (b) and (c):

Application Rate and Timing Restrictions for Crops in the Root and Tuber Vegetables Crop Groups

Application Rate and Timing Restrictions for Crops in the Root and Tuber Vegetables Crop Groups
Active Ingredient	Soil Application		Foliar Application
Active Ingredient	Maximum Application Rate	Required Timing	Maximum Application Rate	Required Timing
Clothianidin	0.2 lbs. ai/A/season	Apply only at pre-planting or planting	0.05 lbs. ai/A/season	Apply only from pre-planting until bloom
Dinotefuran	0.338 lbs. ai/A/season	Apply only from pre-planting until the beginning of main stem elongation or crop cover	0.05 lbs. ai/A/season	Apply only from pre-planting until bloom
Imidacloprid	0.2 lbs. ai/A/season	Apply only at pre-planting or planting	0.05 lbs. ai/A/season	Apply only from pre-planting until bloom
Thiamethoxam	0.2 lbs. ai/A/season	Apply only at pre-planting or planting	0.05 lbs. ai/A/season	Apply only from pre-planting until bloom

NOTE: Authority cited: Sections 11456 and 12976, Food and Agricultural Code.

Reference: Sections 12824 and 12838, Food and Agricultural Code.

Section 6990.13. Neonicotinoid Use on Stone Fruits (Crop Groups 12 and 12-12).

The provisions of this section apply to any neonicotinoid application made to a crop in the stone fruits crop groups.

(a) Application of a neonicotinoid is prohibited during bloom.
(b) If both soil and foliar application methods are used on the same crop, or if multiple neonicotinoid active ingredients are applied to the same crop, a total maximum combined application rate of 0.92 lbs. ai/A/season may be applied, provided that:
- (1) Soil application rate must not exceed 0.38 lbs. ai/A/season; and
- (2) Foliar application rate must not exceed 0.54 lbs. ai/A/season.

Application Rate and Timing Restrictions for Crops in the Stone Fruits Crop Groups
Active Ingredient	Soil Application		Foliar Application
Active Ingredient	Maximum Application Rate	Required Timing	Maximum Application Rate	Required Timing
Clothianidin	0.38 lbs. ai/A/season	Apply only between post-bloom and harvest	0.2 lbs. ai/A/season	Apply only between post-bloom and harvest
Dinotefuran	0.38 lbs. ai/A/season	Apply only between post-bloom and harvest	0.54 lbs. ai/A/season	Apply only between post-bloom and harvest
Imidacloprid	0.38 lbs. ai/A/season	Apply only between post-bloom and harvest	0.5 lbs. ai/A/season	Apply only between post-bloom and harvest
Thiamethoxam	0.38 lbs. ai/A/season	Apply only between post-bloom and harvest	0.172 lbs. ai/A/season	Apply only between post-bloom and harvest

NOTE: Authority cited: Sections 11456 and 12976, Food and Agricultural Code.

Reference: Sections 12824 and 12838, Food and Agricultural Code.

6990.14. Neonicotinoid Use on Tree Nuts (Crop Groups 14 and 14-12).

The provisions of this section apply to any neonicotinoid application made to a crop in the tree nuts crop groups. Application of a neonicotinoid to pistachios, beechnuts, ginkgo, or pecans is not subject to the provisions of this article.

(a) Application of a neonicotinoid is prohibited during bloom.
(b) Except for almonds as provided in subsection (d), if both soil and foliar application methods are used on the same crop, or if multiple neonicotinoid active ingredients are applied to the same crop, a total maximum combined application rate must not exceed 0.2 lbs. ai/A/season.

(c) Except for almonds as provided in subsection (d), if managed pollinators will be used during the growing season, the application rate and timing restrictions listed in the following table apply in addition to the limitations in subsections (a) and (b):

Application Rate and Timing Restrictions for Crops in the Tree Nuts Crop Groups

Application Rate and Timing Restrictions for Crops in the Tree Nuts Crop Groups
Active Ingredient	Soil Application		Foliar Application
Active Ingredient	Maximum Application Rate	Required Timing	Maximum Application Rate	Required Timing
Clothianidin, Dinotefuran, Imidacloprid, or Thiamethoxam	Prohibited		0.2 lbs. ai/A/season	Apply only between post-bloom and harvest

(d) Almonds. The rates and timing restrictions listed in subsection (c) are required for any application of a neonicotinoid made to almonds, regardless of whether managed pollinators are used.

NOTE: Authority cited: Sections 11456 and 12976, Food and Agricultural Code.

Reference: Sections 12824 and 12838, Food and Agricultural Code.

6990.15. Neonicotinoid Use on Tropical and Subtropical Fruit, Edible and Inedible Peel (Crop Groups 23 and 24).

The provisions of this section apply to any neonicotinoid application made to a crop in the tropical and subtropical fruit, edible and inedible peel crop groups.

(a) Application of a neonicotinoid is prohibited during bloom.
(b) Application of more than one neonicotinoid active ingredient during the growing season is prohibited.
(c) Use of more than one application method, soil or foliar, during the growing season is prohibited.
(d) If managed pollinators will be used during the growing season, then application of a neonicotinoid is prohibited.

NOTE: Authority cited: Sections 11456 and 12976, Food and Agricultural Code.

Reference: Sections 12824 and 12838, Food and Agricultural Code.

6990.16. Neonicotinoid Use on Miscellaneous Crops.

The provisions of this section apply to any neonicotinoid application made to a miscellaneous crop: coffee, peanuts, globe artichokes, hops, mint, and tobacco.

(a) Coffee and peanuts.
- (1) Application of a neonicotinoid is prohibited during bloom.
- (2) Application of more than one neonicotinoid active ingredient during the growing season is prohibited.
- (3) Use of more than one application method, soil or foliar, during the growing season is prohibited.
- (4) If managed pollinators will be used during the growing season, then application of a neonicotinoid is prohibited.
(b) Globe artichokes, hops, mint, and tobacco. When globe artichokes, hops, mint, and tobacco crops are harvested before bloom, an application of a neonicotinoid to these crops is not subject to the provisions of this article. Otherwise, an application of a neonicotinoid to these crops is prohibited.

NOTE: Authority cited: Sections 11456 and 12976, Food and Agricultural Code.

Reference: Sections 12824 and 12838, Food and Agricultural Code.

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