2015 UPDATE ON PESTICIDE LAWS AND REGULATIONS

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1 UPDATE ON PESTICIDE LAWS AND REGULATIONS DAVID BAKKE PESTICIDE-USE SPECIALIST

2 2 TOPICS Glyphosate, Cancer, and California s Proposition 65 U.S. EPA Worker Protection Standards U.S. EPA Proposed Revisions to 40 CFR 171 Few Other Quick Items Audience Participation (Been Paying Attention?) If Time Permits

3 3 GLYPHOSATE, CANCER, AND PROPOSITION 65 California EPA mulls labeling Monsanto s Roundup as being known to cause cancer

4 4 PROP 65 TRIGGERS International Agency for Research On Cancer (IARC) Who? (WHO?) Hazard Only, Public Studies Only Probable human carcinogen US EPA Not a human carcinogen, but newer studies? New risk assessment due fall or winter this year EPA has been silent on IARC finding so far California s Proposition 65 IARC is one of the authoritative bodies under Prop 65 Public Comment Period closed October 20 (8,000 comments) Not sure how quick a decision will be made

5 5 SO WHAT IF IT S LISTED UNDER PROP 65? Legally: 12 months after listing, businesses with 10 or more employees must post warning before exposing employees or public to amount considered a significant risk With carcinogens, significant equals 1 chance in 100,000 over a lifetime 20 months after listing, cannot knowingly discharge glyphosate into drinking water at rates that pose a significant risk Government agencies and businesses with <10 employees are exempt from Prop 65 warning requirements and water discharge prohibitions

6 6 BUT SOCIAL & POLITICAL???? Will Glyphosate Survive? Cities are considering bans As California Goes, so goes the US?

7 7 U.S. EPA WORKER PROTECTION STANDARDS

8 8 WHY I AM NOT A BETTING MAN..

9 9 U.S. EPA WORKER PROTECTION STANDARDS Final Rule Announced September 28, 2015 Published in Federal Register November 2, 2015, in effect January 1, 2016 Existing rules will still be in effect until January 2, 2017 Some items not in effect until Jan 1, 2018 Protections for Agricultural workers and Pesticide Handlers involved in agriculture Not all forestry-related pesticide-use is covered

10 10 WORKER PESTICIDE SAFETY TRAINING Current Pesticide safety training every 5 years Revision Pesticide training every year for ag workers and pesticide handlers [same as proposed] Expand training content [same] Require recordkeeping of training for 2 years [same] Keep certified applicators as trainers [changed]

11 11 HAZARD COMMUNICATION Current Post application information at central display until 30 days after REI expires Access to info available only to worker or handler and only during display period Revision Post hazard information at central display for 30 days after REI expires and retain data for 2 years [same] Access to information available for 2 years afterwards, to: Employee upon oral or written request [same] Treating medical personnel and persons working under their supervision (oral or written request) [changed] Designated representative (written request only) [similar]

12 12 MINIMUM AGE FOR HANDLERS AND EARLY-ENTRY WORKERS Current No minimum age Revision Requires a minimum age of 18 for pesticide handlers and early entry workers [changed] Members of owner s immediate family would be exempt from this requirement [same]

13 13 APPLICATION EXCLUSION ZONES IN OUTDOOR PRODUCTION Current During pesticide applications, workers and others are prohibited from being in the treated area (farms and forests) Revision Establishes application exclusion zones (AEZ) based on distance from the application equipment [changed] Agricultural employers must keep workers and other persons out of the AEZ that are WITHIN the boundary of the owner s property [same] Handler must suspend application if persons are in AEZ, whether INSIDE OR OUTSIDE the boundary of the owner s property [similar]

14 14 AEZ IN OUTDOOR PRODUCTION Initial Proposal: Entryrestricted area is in purple Final: AEZ is in purple moves with equipment (100 feet, 25 feet, or none depends on method of application)

15 15 Current Enough water DECONTAMINATION WATER Revision 1 gallon for each worker, 3 gallons for each handler as measured at beginning of shift Eye wash system that can produce 0.4 gpm for 15 minutes, or 6 gallons of water able to flow gently for 15 minutes at each mix/load site (regardless of crew size) 1 pint per handler if eye protection is required

16 16 A NEW RULE CHANGE PROPOSAL

17 17 U.S. EPA PROPOSED REVISIONS TO 40 CFR CFR 171 Applicator Certification Rules In place since 1974 Covers private applicators, commercial applicators, and those using restricted use pesticides (RUPs) under direct supervision California s applicator licensing system is certified by EPA under this rule Draft revised rule published August 24th; public comments accepted until November 23, 2015 (extension expected) WPS covers ag applications of RUPs; this covers all applications of RUPs

18 18 MAIN CHANGES AND SOME CONCERNS Immediate Communication Application-method Specific Certification Categories and Predator Control Categories Definition of Aerial Application Category Continuing Education Units Requirements by License Category Pesticide Label in Hand Non-certified Applicator Training Requirements 18 years old - minimum age for applying RUPs

19 19 OTHER QUICK ITEMS Prop 65 and other Pesticides (malathion) Pesticide Safety Information Series Pollinator Protection Chlorpyrifos insecticide

20 20 QUESTIONS? David Bakke,

21 21 QUIZ TIME WILL THE WINNERS LOSE? Set-Up: Your row of tables comprises a team Your opponents are the tables in front or behind (figure it out) try to have somewhat equal numbers Each team starts with zero points Each set of tables has two proctors: one with a set of 10 test questions and answers; one with a set of shuffled scoring cards (be warned some cards are positive, some are negative, some are neutral)

22 22 QUIZ TIME Play: Team 1 will be given a question; if they answer correctly, they can take the top scoring card or not take a card at all Adjust score depending on card If they answer incorrectly, Team 2 can try to answer or skip If answered correctly, Team 2 can take a scoring card or not Play continues with Team 2 answering question 2 and so on until time is called Winner is the team with highest score at end of game of all teams in room