1. (a) The Director shall evaluate candidate totally impermeable film (TIF) tarpaulins and maintain a “List of Approved Totally Impermeable Film (TIF) Tarpaulins,” available on the Department's Web site, that lists TIF tarpaulins authorized for field soil fumigations using 1,3-Dichloropropene based on the criteria specified below.

   1. (1) Have a mass transfer coefficient for 1,3-Dichloropropene of no more than 0.046 centimeters per hour, measured using American Society for Testing and Materials (ASTM) method E2945-14 (2014), which is hereby incorporated by reference, under high humidity conditions (at least 90 percent).
   2. (2) Display the tarpaulin name and lot number in print on the tarpaulin in a font size equal to 2-3 inches in height and printed at least 1 foot from each edge and at an interval of 20-30 feet along the length of the tarpaulin. The printing must be legible, including a printing color that is different from the color of the tarpaulin.
2. (b) The Director shall update the “List of Approved TIF Tarpaulins” to add, amend, or remove approved TIF tarpaulins on the list. The Director shall issue a public notice each time a change is made to this list and shall provide notice upon a denial of an application to add or amend a TIF tarpaulin on the list.

3. (c) Any interested person may appeal the Director's decision to approve, deny, amend, or remove a TIF tarpaulin from the “List of Approved TIF Tarpaulins” within 30 days of the issuance of the public notice required in subsection (b). The following procedures apply to the appeal:

   1. (1) The appeal shall be in writing, state the grounds for the appeal, and include written evidence for the Director's consideration.
   2. (2) The Director may request additional evidence for consideration on the appeal.
   3. (3) The Director shall issue a written decision on the appeal within 45 days of the date of the appeal or as soon thereafter as practical.
4. (d) If a TIF tarpaulin is used, it must meet the requirements in subsection (a) at the time of the application.

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

History

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. Amendment of subsection (b)(3), new subsections (c)-(c)(3), subsection relettering and amendment of newly designated subsections (d)(2)(D), (d)(3)(C), (d)(3)(C)2.-3., (d)(4)(D), (d)(4)(D)2.-3., (d)(4)(E), (d)(6)(D), (d)(7)(E) and (f) filed 4-7-2011; operative 4-7-2011 pursuant to Government Code section 11343.4 (Register 2011, No. 14).

4. Amendment filed 2-17-2016; operative 4-1-2016 (Register 2016, No. 8).

5. Renumbering of former section 6448.1 to section 6448.2 and new section 6448.1 filed 12-22-2023; operative 1-1-2024 pursuant to Government Code section 11343.4(b)(3) (Register 2023, No. 51).