1. (a) The requirements of this article shall be complied with by the employer for the safety of employees handling pesticides.
2. (b) When only vertebrate pest control baits, solid fumigants (including, but not limited to, aluminum phosphide, magnesium phosphide, and smoke cartridges), insect monitoring traps or non-insecticidal lures are handled, the employer is exempt from the requirements of sections 6730 (Working Alone), and 6732 (Change Area), and 6738.1(e).

3. (c) When antimicrobial agents, used only as sanitizers, disinfectants, or medical sterilants, or pool and spa chemicals are handled, the employer is exempt from complying with the provisions of Title 3, California Code of Regulations sections specified below, provided the employer instead complies with any applicable requirements in the following corresponding provisions of Title 8, California Code of Regulations.

   Title 3, CCR

   Title 8, CCR

   6700

   3200 and 3202

   6702

   3200 and 3203

   6720

   As indicated in this Subsection

   6723

   3203, 3204, and 5194

   6724

   3203 and 5194

   6726

   3400

   6732

   3367

   6734

   3363 and 3366

   6738-6738.4

   3380 through 3385

   6739

   5144

   6740

   3317

   6742

   5141

   6744

   3203 and 5194

4. (d) The provisions of sections 6726, 6734, 6738.1-6738.4, 6739, 6766, 6768, and 6770 do not apply to licensed agricultural pest control advisers and registered professional foresters while performing, crop adviser tasks, after the application is completed, including field-checking or scouting, making observations of the well-being of the plants, or taking samples provided:

   1. (1) They have been trained equivalent to the requirements of section 6724 (licensed agricultural pest control advisers are considered trained for the purposes of this exception); and
   2. (2) The licensed agricultural pest control adviser or registered professional forester has made specific determinations regarding appropriate personal protective equipment, needed decontamination facilities, and how to safely conduct crop adviser tasks.
5. (e) The provisions of this subchapter do not apply to employees handling consumer products packaged for distribution to, and use by, the general public, provided that employee use of the product is not significantly greater than the typical consumer use of the product.

Note: Authority cited: Section 12981, Food and Agricultural Code. Reference: Sections 11501, 12973, 12980 and 12981, Food and Agricultural Code.

History

1. Amendment filed 8-1-86; effective thirtieth day thereafter (Register 86, No. 31).

2. Amendment of subsection (a) and new subsections (b) and (c) filed 9-26-88; operative 10-26-88 (Register 88, No. 41).

3. Amendment of subsection (b) and Note filed 7-6-93; operative 8-5-93 (Register 93, No. 28).

4. Repealer and new subsection (c) filed 3-9-95; operative 4-10-95 (Register 95, No. 10).

5. New subsections (d)-(e) and amendment of Note filed 12-31-96; operative 1-1-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 1).

6. Amendment of subsections (b) and (e) filed 5-10-99; operative 6-9-99 (Register 99, No. 20).

7. Amendment of subsections (b)-(d) filed 6-13-2007; operative 1-1-2008 (Register 2007, No. 24).

8. Amendment of subsections (b)-(d) filed 4-15-2015; operative 7-1-2015 (Register 2015, No. 16).

9. Amendment of subsections (d) and (d)(2) and repealer of subsections (d)(2)(A)-(C) filed 10-17-2016; operative 1-2-2017 pursuant to Government Code section 11343.4(b)(2) (Register 2016, No. 43).