Emerging Issues in Structural Regulatory Enforcement Mike Zeiss Enforcement Branch, DPR DPR Structural Regulatory Training Pomona CA, 14 June 2012

You mean the regulations change ? ! ? Yes - - keeping current is part of the job Sources of information about new developments / emerging issues: Your Deputy or Commissioner Enforcement Branch Liaison (EBL) for your county Meetings of Structural Pest Control Board (southern and northern CA, quarterly) Meetings of Structural Fumigation Enforcement Program (southern CA, quarterly) Enforcement Letters from DPR

Six emerging issues (in no particular order... )

Law says registration “in a form prescribed by the Director, after consulting with SPCB and the commissioners” (FAC and ) - - but see ENF Addendum 1. County registration by structural pest control companies DPR will consult with SPCB, and with other CAC’s, before deciding how to proceed. DPR consulted with four southern CACs at Structural Fumigation Enforcement Program meeting (March 20, Arcadia CA). No opposition in principle to DPR standardizing. SPCB requested DPR to consider standardizing (at 1/12/2012 SPCB meeting)

2. Pesticide Use Report: Total number of applications for each pesticide Law requires structural pest control companies to report number of applications (each pesticide) on Monthly Summary PUR Existing ENF letters indicate not required DPR is preparing new ENF letter to require this, as per B&P Code (c)

PUR’s from structural companies, “shall have affixed thereto a pesticide use stamp issued by the Board” B&P Code (c) 3. Structural stamps on use reports: incorporating into CalAg Permits CalAg Permits has data field for the stamp number For paper PUR’s, two options*: 1. Company affix stamp to paper copy; or 2. Company gives CAC their stamps for the year. CAC then includes the stamp number on the PUR. Long term: find another funding mechanism? (e.g., registration renewal fees) * 5/18/2012 from George Farnsworth

4. Locked enclosures (gun safes / bank cabinets) during application and aeration Not a new issue (for example, presentation at DPR’s 2011 structural training) Higher profile recently, due to apparent Pic exposure during October 2010 bank fumigation. CA Dept. of Public Health distributed a factsheet. PCOC is developing “Best Practices for Challenging Commercial Fumigations” (stewardship training). DPR considering Enforcement Letter about meaning of “operable” on sulfuryl fluoride labeling.

5. Electronic methods of retaining or providing information Current guidance from DPR Legal Affairs: “Retain” may include on a computer hard drive, provided records are accessible to inspectors “retain a copy of the occupants fumigation notice” for 3 years – 16 CCR “Provide” or “deliver” may include via , unless statute restricts the method for providing “leave in a conspicuous location a written notice identifying the name of each pesticide applied” – 16 CCR (c) “written inspection report shall be delivered to the person requesting the inspection within 10 days” – B&P Code 8516 (b)

Please read the entire statute 5. Electronic methods of retaining or providing information (cont.) Homework: notice required by B&P Code 8538 ? ? ? ? Please ask your EBL for guidance For electronic signatures, stay tuned... (Enforcement Branch is reviewing with Legal)

You mean the regulations change ? ! ? Yes - - keeping current is part of the job Sources of information about new developments / emerging issues: Your Deputy or Commissioner Enforcement Branch Liaison (EBL) for your county Meetings of Structural Pest Control Board (southern and northern CA, quarterly) Meetings of Structural Fumigation Enforcement Program (southern CA, quarterly) Enforcement Letters from DPR

6. Amount of chloropicrin (warning agent): SF labeling versus SF calculator Sulfuryl fluoride labeling allows fumigators two options for determining how much pic to use: NOTE: If calculator is used, amount of pic may be lower than the 1 oz/10-15 k option! Dosage rate from the calculator for that SF product 1 oz pic per 10,000 – 15,000 cubic feet airspace in the structure, OR

7. Retirements creating opportunities at DPR