1. (a) No emulsifiable concentrate formulation shall be applied.

2. (b) Applications using aircraft shall be made in accordance with the following requirements:

   1. (1) Aerial applications shall not be made within four miles of cultivated commercial plantings of prunes.
   2. (2) No more than 720 acres may be treated by aircraft within each county per day.
   3. (3) Each operating aircraft nozzle shall produce a droplet size, in accordance with the manufacturer's specifications, not less than 600 microns volume median diameter (Dv0.5) with not more than ten percent of the diameter by volume (Dv0.1) less than 200 microns.
3. (c) Notwithstanding (b)(1), the Butte county agricultural commissioner may allow the California Rice Research Station to make aerial applications within four miles of cultivated commercial plantings of prunes according to a work plan submitted to and approved by the Butte county agricultural commissioner. The work plan shall include: the largest individual site that may be treated per application; total acres that may be treated per day which shall not exceed 45 acres; the minimum distance that must be maintained from cultivated commercial plantings of prunes and the application site; and any additional procedures to protect cultivated commercial plantings of prunes within four miles of the application site.

4. (d) Applications using ground equipment shall be made in accordance with the following requirements:

   1. (1) Ground applications shall not be made within one mile of cultivated commercial plantings of prunes, except as provided in (A) and (B) below.

      1. (A) The commissioner may allow applications to be made to sites not less than one-half mile from cultivated commercial plantings of prunes if the following requirements are met:

         1. 1. Prior to the application, the operator of the property shall provide to the commissioner a recommendation written by a licensed pest control adviser stating there are no other feasible pest management alternatives;
         2. 2. Onsite monitoring of wind speed and wind direction shall be conducted by the applicator in a manner approved by the commissioner throughout the entire application. A record of recorded data shall be retained for one year; and
         3. 3. A positive airflow away from cultivated commercial plantings of prunes is present throughout the entire application.

      2. (B) The commissioner may allow applications to be made to sites less than one-half mile from cultivated commercial plantings of prunes when the following requirements are met in addition to the requirements of (A):

         1. 1. The commissioner shall provide onsite monitoring of all applications.
         2. 2. The commissioner shall provide for notice to, and opportunity to comment by, any owner of cultivated commercial plantings of prunes within one-half mile of the application.
         3. (2) Each operating nozzle shall produce a droplet size, in accordance with the manufacturer's specifications, not less than 500 microns volume median diameter (Dv0.5) with not more than ten percent of the diameter by volume (Dv0.1) less than 200 microns.

The provisions of this section apply to propanil used in Butte, Colusa, Glenn, Placer, and Yuba Counties; the portion of Sutter County situated north of Sankey Road; and the portion of Yolo County situated north of State Highway 16.

Note: Authority cited: Sections 11456, 12781, 14001, 14005 and 14102, Food and Agricultural Code. Reference: Sections 14006 and 14007, Food and Agricultural Code.

History

1. Editorial renumbering of former section 2456 to section 6462 filed 8-13-85 (Register 85, No. 33).

2. Amendment filed 6-3-86; effective upon filing pursuant to Government Code section 11346.2(d) (Register 86, No. 23).

3. Amendment of subsection (b) filed 5-31-91; operative 5-31-91 pursuant to Government Code section 11346.2(d) (Register 91, No. 28).

4. Amendment of subsection (a), new subsection (c) and amendment of Note filed 6-4-97 as an emergency; operative 6-4-97 (Register 97, No. 23). A Certificate of Compliance must be transmitted to OAL by 10-2-97 or emergency language will be repealed by operation of law on the following day.

5. Reinstatement of section as it existed prior to 6-4-97 emergency amendment by operation of Government Code section 11346.1(f) (Register 98, No. 19).

6. Amendment of section and Note filed 5-8-98 as an emergency; operative 5-8-98 (Register 98, No. 19). A Certificate of Compliance must be transmitted to OAL by 9-7-98 or emergency language will be repealed by operation of law on the following day.

7. Reinstatement of section as it existed prior to 5-8-98 emergency amendment by operation of Government Code section 11346.1(f) (Register 99, No. 15).

8. Amendment of subsection (b), new subsections (b)(1)-(e) and amendment of Note filed 4-7-99; operative 4-7-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 15).

9. Editorial correction replacing inadvertently filed text with correct regulatory text (Register 99, No. 22).

10. Amendment of section and Note filed 3-23-2004; operative 4-22-2004 (Register 2004, No. 13).