Cal. Code Regs. Tit. 3, § 6448 - 1,3-Dichloropropene Field Fumigation - General Requirements

(a) 1,3-Dichloropropene shall only be used for the production of an agricultural commodity.

(b) Field soil fumigations using 1,3-Dichloropropene are prohibited within a minimum distance (setback) of any structure that is, will be, or may be occupied at any time during the application and/or setback period, measured from the perimeter of the application block to any residence, onsite employee housing, schools, convalescent homes, hospitals, businesses, or other similar sites identified by the commissioner. A setback is also required for any other indoor or outdoor site that will be occupied for at least 72 consecutive hours during and following a 1,3-Dichloropropene application. The setback distance from an occupied structure or other site varies with the fumigation method, region, season, application rate, and application block size, and is specified in "1,3-Dichloropropene Field Fumigation Requirements, est. January 1, 2024," hereby incorporated by reference. If the application block is within the setback distance from a structure, no person shall be present at the structure at any time during the application and for at least the seven consecutive day period after the application is complete.

(1) An application of 1,3-Dichloropropene is prohibited within the setback distance from any structure outside of the property to be treated, unless the operators of the other properties provide written agreement to the certified applicator prior to the application that the structures will be voluntarily vacated during the application and for at least the seven consecutive day period after the application is complete. The certified applicator shall provide a copy of the written agreements to the commissioner with each notice of intent.

(c) Setback requirements are more stringent if multiple 1,3-Dichloropropene field soil fumigations "overlap" in distance and time. To determine if overlapping application requirements apply, the setback distance specified in "1,3-Dichloropropene Field Fumigation Requirements, est. January 1, 2024," hereby incorporated by reference, is measured from the application block to the other 1,3-Dichloropropene application blocks rather than from the occupied structures. Setbacks for overlapping field soil fumigations are required if the setback distances for two or more 1,3-Dichloropropene application blocks overlap within 36 hours from the time the earlier application is complete until the start of the later application. For overlapping field soil fumigations, the setback from occupied structures is the same distance for all application blocks and determined using 1) the combined acreage of all overlapping application blocks, 2) the highest application rate, and 3) the setback table for the fumigation method with the largest setback distance specified in "1,3-Dichloropropene Field Fumigation Requirements, est. January 1, 2024." Fumigation methods that require the minimum setback restrictions specified in "1,3-Dichloropropene Field Fumigation Requirements, est. January 1, 2024" for all field soil fumigations are exempt from the multiple field soil fumigations requirements.

(d) An application of 1,3-Dichloropropene must not exceed the maximum broadcast equivalent application rate specified in "1,3-Dichloropropene Field Fumigation Requirements, est. January 1, 2024," hereby incorporated by reference.

(e) A 1,3-Dichloropropene application block must not exceed the acres specified in "1,3-Dichloropropene Field Fumigation Requirements, est. January 1, 2024," hereby incorporated by reference.

(f) Notwithstanding section 6434, the operator of the property to be treated shall assure that the commissioner is notified (notice of intent) at least 48 hours prior to commencing fumigation. The notice of intent shall indicate the hour the fumigation is intended to commence and the information specified in section 6434(b).

Notes

Cal. Code Regs. Tit. 3, § 6448

Note: Authority cited: Sections 11456, 12976, 14005, 14024 and 14102, Food and Agricultural Code. Reference: Sections 11501, 14006, 14024 and 14102, Food and Agricultural Code.

Note: Authority cited: Sections 11456, 12976, 14005 and 14102, Food and Agricultural Code. Reference: Sections 11501, 14006 and 14102, Food and Agricultural Code.

1. New section filed 1-25-2008; operative 1-25-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 4).
2. Change without regulatory effect amending Note filed 6-18-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 25).
3. Repealer and new section and amendment of NOTE filed 12-22-2023; operative 1/1/2024 pursuant to Government Code section 11343.4(b)(3) (Register 2023, No. 51).