California Department of Pesticide Regulation Sidney Bastura Department

California Department of Pesticide Regulation Sidney Bastura Department of Pesticide Regulation Enforcement Branch

DPR: Lead Agency for Pesticides California Department of Pesticide Regulation (DPR) is part of the California Environmental Protection Agency • • Our mission: To protect human health and the environment by regulating pesticide sales and use, and by fostering reduced-risk pest management

What is a pesticide? ? • “Pesticide” includes any of the following: – (a) Any spray adjuvant. – (b) Any substance, or mixture of substances which is intended to be used for defoliating plants, regulating plant growth, or for preventing, destroying, repelling, or mitigating any pest, as defined in Section 12754. 5 (Pest)), which may infest or be detrimental to vegetation, man, animals, or households, or be present in any agricultural or nonagricultural environment whatsoever.

Pesticides Include:

Shared Authority U. S. EPA CDFA DIR SPCB Fish & Game MOU’s DPR FIFRA delegates primary enforcement authority to states (Federal Insecticide, Fungicide, and Rodenticide Act) FAC 2281 FAC 11501. 5 FAC 12977 FAC 12982 FAC 14004. 5 FAC 15201 Cooperative Agreement* between U. S. EPA, DPR, CAC’s and CACASA (County Agricultural Commissioners and Sealers Assoc. ) * View online at http: //www. cdpr. ca. gov/docs/enforce/enf_auth. htm

DPR’s Program Enforcement Pest Management and Licensing Human Health Assessment Environmental Monitoring Worker Health and Safety Pesticide Registration Structural Pest Control Board

Enforcement Headquarters Office • Three Regional Offices • West Sacramento • Clovis • Anaheim • Use enforcement implemented by 55 County Agricultural Commissioners (CAC)

Functions Within Enforcement Oversight of CAC Pesticide Use Enforcement Food Safety Product Compliance

CAC Pesticide Use Enforcement CAC activities: • Issue permits for restricted-use agricultural pesticides; • Facilitate and enforce pesticide use reporting • Conduct inspections and investigations to protect worker safety; and • Take enforcement action when violations are found.

CAC Pesticide Use Enforcement Inspection Types: • Pre-Application Site Evaluation • Pesticide Applications – Agriculture – Structural

Types of Inspections § Pre-application Site Inspection § Fieldworker Safety Inspections § Pesticide Use Monitoring Inspections § Structural Inspections § Pest Control Business and Owner/Operator Records Review

Enforcement Investigations

Pesticide Use Enforcement DPR oversees and directs CAC activities: § Develop work plans § Inspection/investigation training § Compliance and enforcement response § Program evaluations

DPR Oversight Inspections

Sacramento County Agricultural Commissioner • Top Commodities of 2017 – – – Grapes Pears Nursery Stock Hay Corn Cherries

Sacramento County Agricultural Commissioner In 2016, approximately 180, 000 acres of urban land

Sacramento County Agricultural Commissioner In 2016, approximately 360, 000 acres of agricultural land

Functions Within Enforcement Oversight of CAC Pesticide Use Enforcement Food Safety Product Compliance

Enforcement – Food Safety Program – • • Ensure pesticide residues on raw produce are in compliance with U. S. EPA tolerances Samples collected “throughout the channels of trade”: • Wholesale and retail outlets • Distribution centers • Farmers’ markets

Residues and Tolerances § Residue = actual amount of pesticide detected § Tolerance = maximum amount of residue allowed (most countries call “MRL”) § Tolerances are set by U. S. EPA and published in the Code of Federal Regulations (title 40, part 180) § U. S. EPA establishes a tolerance for a particular pesticide on a particular food crop before California approves the use of that pesticide on that crop.

Residues and Tolerances • US EPA tolerances are established based on the toxicity of the pesticide, how much and how often the pesticide is applied and how much of the pesticide remains in or on the commodity. • Pesticide Residue Monitoring Program (CPRMP) enforces U. S. EPA tolerances. • In 2017, DPR imposed $208, 000 in civil penalties against five produce companies with a history of recurring illegal pesticide residue violations.

We test “produce” in its raw or natural state intended for consumer use without any or further processing.

Commodity Criteria ØHighly Consumed by Infants & Children ØSelect commodities and sampling sites to reflect differences in consumption patterns among ethnic and socioeconomic groups. ØRecent history of illegal residues ØCommodities known to use pesticides which may cause cancer or birth defects.

DPR Staff Collect Samples “throughout the channels of trade” Wholesale Retail Outlets

DPR Staff Collect Samples Distribution Centers

DPR Staff Collect Samples Farmers’ Markets Roadside Bodegas

DPR contracts with the California Department of Food & Agriculture to analyze ~3600 samples yearly

Pesticide Residue Analysis • LCMSMS and GCMSMS Screens • > 400 pesticide residues detected

Let’s Take a Look at the Numbers! 2017

Sampling in 2017 4% 2032 Samples Had Legal Residues Detected 1514 Samples Had No detected Residues 149 Samples had illegal Residues 3695 Samples Collected 41% 55%

96 % of the Produce Tested had Legal or No Residues Detected

Origins of Samples • Commodities sampled originated from 28 countries • 60% of the samples were domestically (U. S. ) grown produce (2, 208 samples) • 39% of the samples were imported produce (1, 428 samples) • the remaining 1%, (59 samples) were of undetermined origin

Illegal Residues Origins 1% 0% 27% (41) of domestic grown samples had illegal residues 27% 72% (107) of foreign samples had illegal residues 72% 1% of undertermined origin samples had illegal residues 149 total samples found to have illegal residues Sacramento County: 510 samples collected 19 violations found

Functions Within Enforcement Oversight of CAC Pesticide Use Enforcement Food Safety Product Compliance

Product Compliance Program Ø Two main goals: �Marketplace equity �Consumer protection

Marketplace Equity • Ensure products offered for sale are registered in California • Marketplace Surveillance Inspections (MSI) • Producer Establishment Inspections (PEI)

Marketplace Equity • Violation examples – Unregistered pesticides • Claims, ingredient, –OR– intent, without obtaining federal and state registration – Misbranded pesticides • Registered pesticide with a label that differs from the label on file with DPR – Exempt pesticides • Federal Insecticide, Fungicide, Rodenticide Act (FIFRA) section 152. 25 • California Code of Regulations Title 3. Food and Agriculture (3 CCR) section 6147

Marketplace Surveillance Inspections • Sites – Statewide inspections – Retail and wholesale establishments – Agricultural dealers – Any location that may sell pesticide products • Sacramento County: – 47 Inspections Conducted – 15 Follow Up Actions Required

Any Questions about DPR Enforcement? For more information go to: http: //www. cdpr. ca. gov