Mar 7 2017 Jonathan Handy High Points Notification amp posting Which category is that Inspection issues PAA overview Federal changes CampT and WPS Notification amp Posting Public ID: 775718
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Slide1
CALCPLaws & RegsColorado Department of AgricultureMar 7, 2017
Jonathan Handy
Slide2High Points
Notification & posting
Which category is that?
Inspection issues
PAA overview
Federal changes – C&T and WPS
Slide3Notification & Posting
Public
PAA 35-10-112(1); rule 13
Customer
R
ule 8.03 (ag), 9.04 (turf & ornamental), 10.04 – 10.07 (structural)
Pesticide sensitive person
35-10-112(2); rule 12
Slide4Public Notification – Yellow Sign
Comm
app business, registered limited
comm
& registered public app
Turf 206, ornamental 207, aquatic 108
At each conspicuous point of entry; other location requirements (rule part 13)
“At the time of” = before application starts
Application to commercial property
Slide5Public Notification – Sign Details
Water resistant, yellow, 4” high, 5” wide, black text
“WARNING” (60
pt
, bold)
“PESTICIDES APPLIED” (24
pt
bold)
2” diameter circle with diagonal slash over adult, child, dog
Name of business or registrant (18
pt
bold)
Comm
site/owner or agent not present:
Phone #, pesticide name, date of app (18
pt
bold)
Slide6Public Notification
Slide7Public Notice – Sign Location (206, 207)
At each conspicuous point of entry
Bottom at least 18” off ground
Top no more than 48” off ground
2’ to 5’ from sidewalk, road, or boundary
13.04:
For greenbelts, parks, golf courses, athletic fields, playgrounds, common property of multi-unit residential and commercial properties, or other similar recreational or common property, the signs must be posted immediately adjacent to areas within the property where pesticides have been applied in a manner that is conspicuous and easily legible to any adult or child entering the treated area(s). For applications on a golf course, the applicator shall post a sign at the clubhouse and at the first tee and the tenth tee notifying the public of the application.
Slide8Parking Lot
Hedge
Slide9Public Notice – Sign Location(Aquatic 108)
At each
place of legal public access
(13.05)
Slide10Notification of Customer
Commercial applicators – all categories
O
ral, written, or electronic – depending on category & other factors
“At the time of” = by end of application
Application to commercial property
Multi-unit dwelling
Slide11Notification of Customer - Ag
Pre-notification (8.03(a)) – may be oral
Pesticide applied
Site of application
Applicable REIs
Applicable grazing intervals
Applicable pre-harvest interval
Any precautionary statements on label
Post-notification (8.03(b)) – must be written; label may be used
Same as pre-, except: amount applied, date of application & applicable crop rotation intervals
Electronic notification allowed (8.03(e))
Slide12Notification of Customer –Turf 206 & Ornamental 207
At time of application; written (9.04(a)):
The fact a pesticide has been applied
Name of pesticide
Date of application
Precautionary statements from label
Electronic notification allowed (9.04(d))
Comm
site w/o owner/agent present (9.04(b))
Promptly after application
Pesticide name, date of app, precautionary statements from label
Electronic notification allowed (9.04(d))
Slide13Notification of Customer –Turf 206 & Ornamental 207 - Ctd
Multi-unit dwelling site w/o owner or agent present (9.04(c))
Promptly
after: name of pesticide, date, precautionary statements from
label
Electronic notification
not
allowed
Slide14Notification of Public –Turf 206 & Ornamental 207 - Ctd
Multi-unit dwelling site w/o owner or agent present (9.04(c
))
At
time of app: yellow public posting flags with “WARNING;” “PESTICIDES APPLIED;” circle with line & adult, child, dog; telephone # of applicator; name of pesticide applied; date of application.
Slide15Notification of Customer –Structural
At time of application;
written
(10.04):
The fact a pesticide has been applied
Name of pesticide
Date of application
Precautionary statements from label
Electronic notification
allowed (10.06)
Site where customer is not occupant; written, at time of application, to occupant (10.05):
Pesticide
name, date of app, precautionary statements from label
Electronic notification
allowed (10.06)
Slide16Notification of Customer –Structural - Ctd
Within a multi-unit dwelling
w/o owner or agent
present (10.07)
Promptly
after: name of pesticide, date, precautionary statements from label
Electronic
notification
not
allowed
Slide17Notification of Public –Structural - Ctd
Within a multi-unit dwelling w/o owner or agent present (10.07
)
When making application, posted at primary entrance(s) to interior common areas: name of pesticide applied; date of application
.
Slide18Notification of PSR Registrant
Comm
app business, registered limited
comm
& registered public
app
Turf
206,
ornamental 207, WDO 301, res/
comm
304 & interior plant 307
Abutting property & multi-unit dwelling
At least 2 attempts to notify 24
hrs
or more prior
If unsuccessful, one last attempt immediately prior
Place notice on door if no success
Slide19Vehicle, Equipment, Invoice
Vehicle & equipment identification
R
ule 7.01 (vehicle & equipment), 11.08 (service container)
Customer invoice
Rule 14 (“Commercial applicators are licensed by the Colorado Department of Agriculture” required)
Slide20Which Category?
107 rangeland vs 109 IROW
206 turf vs 109 IROW…sidewalks…
110 public health/mosquito vs 304 residential commercial
Others?
Slide21Common Inspection Issues2014-16
Records (99 occurrences)
Storage (98)
Equipment (84)
Posting (46)
Technician training (37)
Slide22Inspection
PAA Overview
Federal changes
Slide23Common Inspection Issues2014-16
Records (99 occurrences)
Storage (98)
Equipment (84)
Posting (46)
Technician training (37)
Slide242015 PAA Sunset
Private app records
kept two
years
(35-10-111)
Received not PM date for renewals (107, 116)
Public
& limited comm. app core training
(109
)
Web post of enforcement
actions
(
124
)
PAC
expanded from 11 to 15 members (125
)
Next Sunset - 2023
Slide252016 New PAA Rule
308 Post-harvest potato pest (PAA rule 10.01)
Electronic notification (8.03, 9.04, 10.06)
N
on-registered public & limited comm. training (16)
Use of pesticides in cannabis production (17)
Slide26Non-registered limited commercial applicator owner or designee must be trained in core pesticide use knowledge for many GUP applications (16.02)Non-registered public applicator employees must be trained in core for many GUP applications (16.02)Ready to use (RTU) & disinfectant/sanitizing pesticides excluded (16.03)
PAA Rule
P
art 16: Core
Pesticide Use Training
Slide27Core Training for Applications at Schools, Day-Cares, Hospitals
All applicators must be trained in core prior to application of any GUP (16.03)
E
xcept disinfectants/sanitizers
I
ncluding ready-to-use (RTU) GUPs
Slide28Core Pesticide Use TrainingOptions
Passing free CDA/CSU online course within last three years (16.04, 16.05)
Attending CDA-approved core courses (continuing education or other) within last three years (16.04, 16.05)
Passing a general CDA pesticide applicator exam (qualified supervisor, certified operator, private applicator) within last three years (16.04)
Holding a current QS, CO or PA license (16.04)
Training records must be maintained three years minimum
Slide29Core Training CSU Web Class
Free; administered
by CSU Colorado Environmental Pesticide Education Program (CEPEP)
Five interactive modules: 1) IPM & law, 2) labels & SDS,
3) applicator safety, 4) pesticide application, 5) environmental
protection & public health
Created by CDA & CSU CEPEP
Go to cepep.agsci.colostate.edu, and select “Non-registered Applicator” under licensing/training
Direct: http
://cepep.agsci.colostate.edu/1-licensing/non-registered-applicator-training-modules/
Slide30PAA Rule Part 17: Use of Pesticides for Cannabis Production
CDA to publish pesticides legal for use
on cannabis (
17.02)
Go to colorado.gov/
agplants
/pesticides & select “cannabis production” under Helpful Links
Any pesticide used to cultivate cannabis must be registered with CDA (17.03)
Slide31Pesticides for Cannabis Production - Ctd
Use conditions – EPA registered products (17.04(a)):
Label must be followed
Product must be tolerance exempt
Label allows use on intended application site
Unless otherwise authorized by CDA, label must expressly allow use on crops for human consumption
Active ingredients are allowed for use on tobacco
Specific use conditions are in 17.04(d) & (e) for 25b minimum risk & special local need pesticides
CDA can prohibit a product that it determines is a significant threat to public health & safety or the environment (17.05)
Slide32EPA C&T Rule40 CFR 171 Under FIFRA
Aug 2015 – draft rule released
Jan 2016 - comment period closed
Dec 12, 2016 – new rule finalized
1
st
major update since 1974 inception of C&T rule
Mar 2020 - states must submit plans to EPA for law & rule changes
Mar 2022 – EPA must approve or reject; law & rule change process begins
Sep 2023 – next CO PAA sunset
Slide33C&T Rule Highlights 1
Concern with draft but
not
in final rule: additional CECs for license renewal
Many of the new requirements are already in place in Colorado
Only a few changes will affect us
EPA focus: safe RUP use; Colorado law governs both GUP & RUP use
Slide34C&T Rule Highlights 2
New license categories: soil & non-soil fumigation, aerial application, predator control
Expanded core category certification requirements; proctored & closed book PA exams
Increased
tech training
requirements
18
year minimum age for
applicators
Use of pesticide redefined & expanded
Slide35EPA WPS Rule40 CFR 170 Under FIFRA
Changes to agricultural worker protection standard (WPS)
To increase protections from pesticide exposure for ag workers & their families
CDA contact: Mike
Rigirozzi
(303) 869-9059 &
michael.rigirozzi@state.co.us
Slide36WPS Rule Timeline
Aug 2014 comment
period
closed
Nov 3, 2015 final rule
publised
Jan 1, 2016 effective date
Jan 1, 2018 fully
effective date
Slide37CDA Elicense: AgLicense
On-line
licensure, renewal, account
updates
Pesticide products & PSR have migrated
PSR will be accessible to commercial applicators online
Pesticide applicators to migrate in the near future
Online renewal notices
CEC
On-line course submission
ID cards – bar coded
Slide38Other Current Topics
Drones & ag aviation
Zika
virus
Pesticides and cannabis
EAB & ornamental applicators
Douglas Fir Tussock Moth
Ozone generators
Slide39Thank You!
Jonathan Handy
Colorado Department of Agriculture
Pesticide Applicator Program Coordinator
305 Interlocken Parkway
Broomfield, CO 80021
303-869-9063
jonathan.handy@state.co.us