Draft Cacasa Handbook
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MEMORANDUM OF UNDERSTANDING
GUIDELINES
POLICIES
ASSOCIATION DIRECTIVES
Compiled by:
California Agricultural Commissioners and Sealers Association TABLE OF CONTENTS
Mission and Vision Statement/Authority...... 4 Ethical Conduct Process...... 13 Legislative Committee...... 29 Program Committee Appointments...... 33 Committee Responsibilities...... 34 Annual Meeting Locations...... 49 MEMORANDUM OF UNDERSTANDING
Agreement for Attaining Mutual Objectives...... 51 Plan for Pest Prevention...... 59 Plant Pest Quarantine Policy...... 66 Procedure for Handling Plant Quarantine Shipments...... 70 Restrictions on and Procedures for Importation And Interstate Movement of Plant Pest Organisms and Soil...... 72 Cooperative Participation in Phytosanitary Export Certification in California...... 77 Nursery Inspection and Nursery Pest Control Responsibilities...... 79 State-County Nursery Inspection Program...... 81 Compilation of Agricultural Statistics...... 83 Fruit and Vegetable Standardization and Shipping Point Inspection...... 85 Importation and Retention of Restricted and Prohibited Animals for Scientific Research ...... 87 Control of Injurious Field Rodents...... 90 Control of Injurious Bird Species...... 92 Rare and Endangered Species...... 94 Aleutian Canadian Goose*...... 96 Pesticide Use in Public Health Vector Control...... 98 Ensure that Pesticides registered in California are used in a manner that protects non- target fish and wildlife resources...... 102 Fish and Wildlife Losses Suspected from Use of Pesticides or Other Agricultural Chemicals...... 106 Enforcement Action in the State of California...... 108 Appendix A Priority Investigation Effects Criteria...... 115 Cooperative and Complementary Program to develop and Maintain Healthful Working
CACASA Handbook 2 May, 2008 Conditions for all Persons Who in the Course of their work are, or may be, exposed to Pesticides...... 117 For the protection of water quality (surface and groundwater) from potentially adverse Effects of Pesticides...... 130 Animal and Plant Health Inspection Service Plant Protection and Quarantine (Service) ...... 134 Policy regarding Administrative Levy of Civil Penalties...... 136 Food and Agricultural Code (FAC) section 11454.2...... 139 Protection of Human Health from the Adverse Effects of Pesticides...... 143 The National Agricultural Statistics Service...... 151 Noxious Weed Act...... 155 Compilation of Agricultural Statistics...... 160 Disbursement of Residual Mill Assessment Funds (DPR, LA County, Protocol)...... 209
POLICIES
The County Agricultural Commissioner in California...... 162 Political Reform Act...... 163 Vertebrate Pest Management...... 164 Pesticide Policy...... 167 Crop Report Deadline...... 169 Uniformity of Egg Reinspection...... 169 GUIDELINES
Agricultural Commissioner...... 171 Deputy Agricultural Commissioner...... 174 Safety Guidelines for Facilities and Equipment Used in the Formulation of Vertebrate Pest Control Baits...... 177 Procedures and Recommendations for Baiting Field Rodents...... 183 Procedure for Applying Rodent Baits by Aircraft...... 188 Approval of County Operated Predatory Animal Damage Control Programs...... 190 Evaluation of Pests New to California...... 192 Adoption of Local Pest Control Regulations...... 198 Report of Disaster Damage to Crops...... 200
CACASA Handbook 3 May, 2008 CACASA Handbook 4 May, 2008 CALIFORNIA AGRICULTURAL COMMISSIONER & SEALERS ASSOCIATION HANDBOOK
MISSION STATEMENT
THE MISSION OF THE CALIFORNIA AGRICULTURAL COMMISSIONERS AND SEALERS ASSOCIATION IS TO REPRESENT AND ASSIST THE MEMBERSHIP IN CARRYING OUT THEIR RESPONSIBILITIES TO THE PUBLIC BY:
* PROMOTING PROFESSIONALISM,
* FACILITATING COMMUNICATIONS,
* PARTICIPATING IN THE LEGISLATIVE PROCESS,
* REPRESENTING THE MEMBERSHIP, AND
* PLANNING. Adopted, 1997
VISION STATEMENT (under development)
AUTHORITY County Agricultural Commissioners, County Sealers of Weights and Measures and the California Agricultural Commissioners and Sealers Association Administration authority can be found:
CALIFORNIA FOOD AND AGRICULTURAL CODE Section 2001 – 2287
CALIFORNIA BUSINESS AND PROFESSIONS CODE Sections 12200 – 12214
CACASA Handbook 5 May, 2008 California Agricultural Commissioners and Sealers Association
SENIORITY LADDER 2009-10
NAME (Presidential Tenure) COUNTY APPOINTED Greg Van Wassenhove Santa Clara 11/09/83 Kenneth Smith Del Norte 07/28/86 Stephen Birdsall Imperial 10/01/87 Harry A. Krug (1996-97) Colusa 01/25/88 Richard Price (1998-99) Butte 05/09/88 Eric Lauritzen (1999-00) Monterey 04/04/89 Mary Pfeiffer Shasta 05/01/89 Mark Lockhart Trinity 10/01/89 Stacy Carlsen Marin 12/04/89 Frank Carl (1995-96) Sacramento 05/29/90 Gail Raabe San Mateo 04/01/93 David Whitmer (2000-2001) Napa 01/01/94 Richard LeFeuvre Orange 02/07/95 Robert Rolan Madera 07/01/95 William Gillette Santa Barbara 07/25/95 Mark Quisenberry (2004-05) Sutter 11/13/95 Dennis Bray (2001-02) Alameda 01/01/96 Scott Hudson (2009-10) San Joaquin 06/06/96 George Milovich Inyo/Mono 06/01/97 James Delperdang Ventura – W&M 01/05/98 Mark Black Glenn (5/1/2005) 02/25/97* Michael Boitano (2008-09) Amador 12/01/98 William J. Stephans El Dorado/Alpine 01/01/99 Joseph Moreo Modoc 09/21/99 Christine Turner Placer 11/08/99 John Snyder Riverside 08/10/00 Keith Mahan Plumas/Sierra (11/24/2008) 03/1986** Gary Caseri Stanislaus 04/02/01 Rick Landon Yolo 05/08/01 Gary Kunkel Tulare 01/27/02 Steve Hajik Lake 02/11/02
CACASA Handbook 6 May, 2008 California Agricultural Commissioners and Sealers Association
SENIORITY LADDER 2009-10
NAME COUNTY APPOINTED Bob Lilley San Luis Obispo 10/08/02 Dave Robinson Merced 02/18/03 Cathi Boze Mariposa 05/06/03 Tim Niswander Kings 08/05/03 Paul J. Matulich San Benito 04/19/04 Rick Gurrola Tehama 06/08/04 Kurt E. Floren Los Angeles 01/18/05 Patrick Griffin Siskiyou 06/07/05 Mary Mutz Calaveras 09/26/05 Jeffrey Pylman Nevada 07/17/06 Bob Atkins San Diego 08/28/06 Ken Corbishley Santa Cruz 11/07/06 John Gardner San Bernardino 03/17/07 Louie Mendoza, Jr. Yuba 07/24/07 Jim Donnelly Lassen 01/28/08 Ruben Arroyo Kern 03/08/08 Vince Guise Contra Costa 03/31/08 Jim Allan Solano 04/14/08 Vicki Helmar Tuolumne 04/28/08 Henry Gonzales Ventura – Ag 08/04/08 Miguel Monroy San Francisco 10/06/08 Cathy Neville Sonoma 12/31/08 Carol Hafner Fresno 01/12/09 Tony Linegar Mendocino 01/27/09 Jeff Dolf Humboldt 05/31/09
*Break in service: Continuous Service in Tehama County through March 2004 (7 years, 1 month) **Break in service: Continuous Service in Stanislaus County through June 1994 (8 years, 3 months)
Seniority is based on years of service and membership within CACASA. CAC/Sealers vacating office and then returning will be advanced in their seniority by the number of years and months they held office/CACASA membership.
Updated May 31, 2009
CACASA Handbook 7 May, 2008 Record of CACASA Officers 2009-10 President Scott Hudson President Elect Bob Atkins VP Ag Rick Gurrola VP W/M Kurt Floren Exec Secretary Mark Quisenberry Spring Conference April 27 - May 1, 2009 San Diego, California 2008-2009 President Mike Boitano President Elect Scott Hudson VP Ag Bob Atkins VP W/M Bill Stephans Exec Secretary Mark Quisenberry Spring Conference May 5-9, 2008 Carmel, California 2007-2008 President Earl McPhail President Elect Mike Boitano VP Ag Scott Hudson VP W/M Bob Atkins Exec Secretary Mark Quisenberry Spring Conference May 14-18, 2007 Fresno, California 2006-2007 President Jerry Prieto President Elect Earl McPhail VP Ag Tim Niswander VP W/M Jim Delperdang Exec Secretary Ed Meyer Spring Conference May 1-5, 2006 San Luis Obispo, California 2005-2006 President Jerry Prieto President Elect Mike Boitano/Earl McPhail VP Ag Mary Pfeiffer VP W/M Jim Delperdang Exec Secretary Ed Meyer Spring Conference May 16-20, 2005 Redding, California 2004-2005 President Mark Quisenberry President Elect Jerry Prieto VP Ag Bob Lilley VP W/M Mike Boitano Exec Secretary Ted Davis/Ed Meyer Spring Conference May 10-14, 2004 Mammoth Lakes, California Updated June 9, 2009
CACASA Handbook 8 May, 2008 ASSOCIATION ADMINISTRATION
Code of Ethics
Constitution and By-Laws
Association Policies/Directives/Guidelines
Legislative Committee
Program Committee Appointments
Committee Responsibilities
Award Program Guidelines
CACASA Handbook 9 May, 2008 Code of Ethics For County Agricultural Commissioners and Sealers
PREAMBLE
This Code of Ethics is hereby approved and adopted by the California Agricultural Commissioners and Sealers Association for the purpose of standardizing and unifying Rules of Correct Official Conduct and Practice in the performance of our duties. We recognize that there are specific definite objectives we must seek in order to effectively implement this code. They are:
1. Elevate the standing of the position in our own consciousness and in the public mind. 2. Maintain and promote public confidence in law enforcement. 3. Increase our efficiency and effectiveness by encouraging the exchange of ideas, methods and practices. 4. Cooperate with Association Members for the benefit of each and all. 5. Coordinate our work with that of the State Department of Food and Agriculture, the State Department of Pesticide Regulation and other bodies with whom we have official relations in a manner that is efficient and effective. 6. Aspire to highest ethical standards. 7. Stress the obligation of providing professional public service in the furtherance of our role and purpose.
ARTICLE I
THE COUNTY AGRICULTURAL COMMISSIONER AND SEALER
The County Agricultural Commissioner and Sealer, so far as we are able to influence a selection, shall be an individual of sound principle and unquestioned honesty and thoroughly fitted by training, experience and education to perform the duties required by law and as further expressed in the standards outlined in this code.
We shall consider our business an honorable profession and realize that it affords us a distinct opportunity to serve society.
ARTICLE II
RULES OF CONDUCT GOVERNING THE RELATION OF COUNTY AGRICULTURAL COMMISSIONER AND SEALER AS A PUBLIC OFFICER WITH THE PUBLIC IN GENERAL
1. We shall, as Public Officers, be habitually courteous, especially in our dealing with citizens who come to us with complaints or for information, assistance or advice, punctual in our engagements and expeditious in attending to our official business.
CACASA Handbook 10 May, 2008 2. We shall regard our office as a public trust and in the administration of our official duties shall bear in mind that our paramount obligation is to the public by whom we are employed.
3. We shall to the utmost of our ability strive for the just, impartial and reasonable enforcement of the laws we are called upon to administer, dealing fairly with all citizens.
4. We shall be true to our obligation as a custodian of public property, and regard its misuse or waste to be as serious an offense as the direct misuse or waste of money from the public treasury.
5. We shall work in full cooperation with other public servants in furthering the ends of government and in promoting public welfare.
6. We shall not limit our independence of action by accepting gratuities or favors from private citizens, with whom we must have official dealings.
7. We shall not, while serving as an Agricultural Commissioner or Sealer, engage in nor have any direct interest in any business within the boundaries of our county, which by reason of our official position will give us an unfair advantage over a competitor, or which will prevent us from enforcing the agricultural and weights and measures laws fairly and impartially.
8. We should not perform work of a personal and private character either for ourselves or others, during the hours of our service as a public officer.
9. We shall welcome every opportunity to disseminate practical and useful information relative to our disciplines to the benefit of the individual or to the public at large.
10. We shall take a lively interest in all that relates to the civic welfare of our county and as far as possible will participate in those movements for public betterment in which our specialized training, knowledge and experience qualify us to act.
ARTICLE III
RULES OF CONDUCT GOVERNING THE RELATION OF COUNTY AGRICULTURAL COMMISSIONERS AND SEALERS WITH THEIR DEPUTIES, INSPECTORS AND OFFICE ASSISTANTS
1. We shall show no discrimination in the appointment or dismissal of employees
2. We shall study the individual capability of each employee in order that they may be given the work best suited to their several abilities and advanced as opportunity offers. All advancement shall be made solely on the basis of merit.
CACASA Handbook 11 May, 2008 3. We shall see to it that employees have suitable opportunities to improve their knowledge of and increase their skill for the work they have chosen.
4. We shall refuse to accept services for ourselves personally from any employee except when such service is rendered on the employee's own time and at our expense.
5. We shall not solicit any service or contribution from any employee for political purposes.
6. We shall make working conditions for members of our staff as equitable and pleasant as possible and shall not call upon them to work longer hours or perform services we would not do.
7. We shall endeavor to inspire each employee with the same ideals of service we have accepted for ourselves.
ARTICLE IV
RULES OF CONDUCT GOVERNING THE RELATION OF COUNTY AGRICULTURAL COMMISSIONERS AND SEALERS WITH EACH OTHER AND WITH THE STATE DEPARTMENT OF FOOD AND AGRICULTURE AND THE STATE DEPARTMENT OF PESTICIDE REGULATION
1. Recognizing that our own County work is but a small part of the larger State work and is an integral part thereof, we shall cooperate to the fullest extent with the California Department of Food and Agriculture, the California Environmental Protection Agency Department of Pesticide Regulation and with other County Agricultural Commissioners or Sealers in every detail of law administration and enforcement in which there exists an element of inter-dependence and co-responsibility.
2. We shall respond to requests made upon us by the Secretary of Food and Agriculture and the Director of Pesticide Regulation for information, assistance or cooperation with every available resource consistent with our duty to our immediate County.
3. We shall regard attendance at annual meetings of the California Agricultural Commissioners and Sealers Association and at other meetings called by the Director or Secretary, not only as an obligation fixed on us by law, but as a definite ethical requirement to be violated only when imperatively necessary.
4. All enforcement and service program inspections and documentation shall be thorough, complete and accurate in representing the facts.
5. We shall freely give of our knowledge and experience, any information that will be useful to other association members.
CACASA Handbook 12 May, 2008 ARTICLE V
RULES OF CONDUCT GOVERNING THE RELATION OF COUNTY AGRICULTURAL COMMISSIONERS AND SEALERS WITH INDUSTRY AND EDUCATIONAL INSTITUTIONS
We shall cooperate to the fullest extent possible with institutions, organizations and persons engaged in agricultural or weights and measures endeavors, whether administrative, educational or commercial, as we are bound together by ties of common effort.
REAR WORD
Members of this Association shall at all times endeavor to go beyond the bare requirements made of them by law by faithfully practicing the ethical standards of this Code and shall use their influence to inspire all of their employees to do likewise.
By individually conducting our office so that our own honor will be upheld by giving to the public the best there is in us, each member will aid in putting the work of a County Agricultural Commissioner and Sealer on a level that will engender the confidence and respect of the public at large.
The adoption of this Code by the California Agricultural Commissioners and Sealers Association places a definite obligation upon each member to the sincere and faithful performance of the rules of conduct herein set down.
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CACASA Handbook 13 May, 2008 CACASA
Ethical Conduct Process
1. Complaints should be directed to the Ethics Committee Chair in writing and signed. Complaints will be accepted from active and associate members.
2. The pros and cons of the complaint and attempting to intercede will be discussed by the Ethics Committee. The Regional Association Chair or another appropriate individual may be requested to assist the committee in the process.
3. The committee will investigate the issue(s). The perspectives of all parties will be sought and considered. Examples of conduct issues of concern include:
Failure to comply with CACASA Policy.
Failure to attend or participate in Regional and State Association meetings.
Failure to comply with minimum standards regarding statewide programs and enforcement.
Conflicts between neighboring counties.
Political involvement in conflict with Association goals and policies.
Conflicts between members and CDFA or Cal/EPA-DPR.
4. The committee will evaluate the facts and make findings and provide recommended actions which may include:
a. Independently the Committee may limit its recommendation to one of education and counsel taking no further action (active and associate members).
b. The Committee may recommend to the Board of Directors, in Executive Session to:
Implement procedural or educational solutions
Provide additional counseling (active and associate members)
Place restrictions on Association privileges/assignments (active and associate members)
CACASA Handbook 14 May, 2008 Refer the matter to the Secretary(ies) and or Director (active and associate members)
Refer the matter to the Secretary and/or Director with a recommendation to interact with the Board of Supervisors (active members only)
Note: The goal is for the process to result in positive future conduct and must be used only as a guide, but should not constrict flexibility, creative dialogue and solutions.
1994 update underlined
CACASA Handbook 15 May, 2008 Constitution and By Laws
ARTICLE I - NAME
This Association shall be known as the California Agricultural Commissioners and Sealers Association, and that Association is referred to in Section 2203 of the California Food and Agricultural Code, and Sections 12205 and 12214 of the California Business and Professions Code.
ARTICLE II - PURPOSE
The purpose of this Association shall be:
To promote unity and efficiency among County Agricultural Commissioners/Weights and Measures officials and to act as a forum for sharing knowledge and information among the members of this Association utilizing the resources of the California Department of Food and Agriculture and Department of Pesticide Regulation.
To consult with, advise, and make recommendations to the California Department of Food and Agriculture, Department of Pesticide Regulation, departments, boards, commissions, and officials of federal, state, and local governments; the legislature; and any other organization, agency, or association in establishing laws, regulations, and procedures on matters affecting Agricultural Commissioners and Sealers of Weights and Measures.
To participate in the development, promotion, or opposition of legislation by direct contact with the State Legislature, Congress, and their respective staffs.
To promote uniformity in methods and the practice of enforcing laws and regulations, and to encourage the establishment of uniform operational standards among counties.
To disseminate information for the education of the public.
To promote professional development of the membership of this Association.
ARTICLE III - MEMBERSHIP
Section 1. Active Members
Any duly appointed or acting County Agricultural Commissioner and/or Sealer of Weights and Measures qualified under the laws of the State of California, shall be eligible for membership in this Association; and upon payment of Association dues, annually in advance, shall be eligible to all rights and privileges of membership subject to the provisions of these By-Laws. 6/97
CACASA Handbook 16 May, 2008 Section 2. Ex-officio Members
The administrators or their designees, in the California Department of Food and Agriculture (down to director level) and in the Department of Pesticide Regulation (down to Branch Chief level) shall be ex-officio, non-voting members of this Association.
Section 3. Associate Members
Staff of the Agricultural Commissioner, Sealer of Weights and Measures, California Department of Pesticide Regulation and California Department of Food and Agriculture and members of the California Association of Standards and Agricultural Professionals who desire to participate and attend meetings of this Association and are not eligible for active or ex-officio membership shall be eligible for voluntary associate membership. Associate members cannot hold elected office or vote, but enjoy all other privileges of active membership. The California Association of Standards and Agricultural Professionals is governed by the Mission Statement and Constitution and By-laws found in Article XIV.
Section 4. Sustaining Members
Individuals, firms, or corporations, and any non-profit organization, institution, or official agency expressing an interest in the Association and its objectives shall be eligible for voluntary sustaining membership. Sustaining members cannot hold elected office or vote, but enjoy all other privileges of active membership.
Section 5. Life and Honorary Members a. Life Members - Former Agricultural Commissioners and/or Sealer of Weights and Measures who, as active members of this Association, contributed to and supported the stated purpose of the organization and have permanently retired may be elected as life members. b. Honorary Members - Individuals who have made an outstanding contribution to the Association's purpose may be elected, from time to time, as honorary members. Former county officials who have not permanently retired from active service may be elected honorary members, if deemed to have made an outstanding contribution. c. Election of Life and Honorary Members - Nominations for membership shall be in writing, and addressed to the President or the Executive Secretary of this Association stating the qualifications of the nominee. Any such nomination shall be submitted to the Board of Directors for consideration. Such consideration shall be by closed session, mailed ballot, or presidential phone poll. The Board of Directors may disapprove the nomination and shall so notify the nominator(s). Approved nominations shall be confirmed by a two-thirds affirmative vote of the active members.
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CACASA Handbook 17 May, 2008 d. Benefits for Life and Honorary Members - The recipients shall be entitled to attend meetings of this Association. Dues and/or registration fees are waived. Life and honorary members cannot hold elected office or vote, but enjoy all of the privileges of active membership.
Section 6. Termination of Membership
The membership of any member shall terminate upon occurrence of any of the following events a. The resignation of the member. b. The occurrence of any event which renders such member ineligible for membership. c. The determination by a two-thirds vote of the entire active membership that the member has failed in a material and serious degree to observe the code of ethics of the Association, or has engaged in conduct materially and seriously prejudicial to the interests of the Association. The secret ballot vote will take place after an investigation and recommendation by the Board of Directors to expel the member. The member shall be provided the opportunity in executive session to defend his/her right to membership.
Section 7. Voting Rights
Each active member shall have one vote at all meetings of the general membership of the Association, and a designated subordinate may be authorized to vote on behalf of the member.
ARTICLE IV - ELECTION OF OFFICERS
Section 1. Elected officers
The elected officers of this Association shall be a President, President-Elect, two Vice- Presidents, Executive Secretary, and when needed the Executive Secretary-Elect. All officers shall serve one year or until their successors have been elected and taken office. The President, President-Elect, Vice-Presidents, Executive Secretary, and Executive Secretary-Elect shall be nominated and elected from the active membership at the Annual Conference. All officers shall take office at the close of the Annual Conference of this Association.
Section 2. Election of officers
The Nominating Committee shall present nominations for each office during the first day of the annual conference. Additional names may be placed in nomination by any active member during the first day of the conference. Nominations for the office of Executive Secretary-Elect will only be made upon notification from the incumbent Executive Secretary that he or she will be vacating the office at the end of the ensuing term.
CACASA Handbook 18 May, 2008 In the event of a contest, the election shall be by secret ballot. The President shall appoint three tellers who shall conduct the election, tabulate the ballots, and report the results to the general assembly of the conference. The nominees receiving the highest number of votes shall be elected and presented to the conference at the general assembly. In the event of a tie, the current Board of Directors, after due deliberation, shall select the officer by secret ballot from the tied nominees.
Section 3. Vacancy in office
Should a vacancy occur in the office of President, the President-Elect shall immediately succeed to the Presidency to serve the remainder of the current term, in addition to the year the President-Elect would serve as President.
Should a vacancy occur in the President-Elect, the President shall convene the Nominating Committee and mail a request for additional nominations by any active member. The President shall appoint three tellers who shall conduct a secret ballot election by mail, tabulate the ballots, and report the results to the active members by mail. The nominee receiving the highest number of votes shall be elected. In the event of a tie, the Board of Directors, after due deliberations, shall select a candidate from the nominees by secret ballot.
Should a vacancy occur in either the offices of Vice President or Executive Secretary, the Board of Directors shall appoint a successor to serve the remainder of the current term.
Should a vacancy occur in the position of Immediate Past President, the President shall appoint the most recent past president to serve the remainder of the current term.
Section 4. Removal from Office
The failure of an incumbent to perform the duties of office, from inability or otherwise, shall be cause for removal. The Association may, by a two-thirds vote, decree any elective office vacant. The Association shall thereupon elect, as provided by Section 3 (Vacancy in Office), an active member to fill the vacancy until the next general election of officers.
ARTICLE V - OFFICERS AND THEIR DUTIES
Section 1. President a. The President shall be the executive officer of this Association and shall preside at all meetings of the Board of Directors and this Association. The President shall be an ex-officio member of all committees. b. The President may establish any temporary committees deemed appropriate and shall designate a chairperson and appoint members to carry out the functions thereof.
CACASA Handbook 19 May, 2008 c. The President shall make any and all appointments required by the By-Laws. d. As Chairperson of the Board of Directors, the President shall have the power to call special meetings with due regard to reasonable notice to its members. e. The President shall perform such other duties usually incumbent upon that office.
Section 2. President-Elect a. In the absence of the President, the President-Elect shall perform all the duties of the President. b. At the request of the President, the President-Elect shall represent the President in the affairs of this Association. c. The President-Elect shall assist the President in carrying out this Association's purpose and programs, and perform other duties which pertain to this office. d. The President-Elect may appoint temporary committees for purposes of planning, training, and orientation, and such committees shall become the officially-constituted committees of this Association at the time the President-Elect assumes the office of President.
Section 3. Vice Presidents a. The two Vice Presidents shall be the Association's program committee coordinators and be responsible for assuring proper assignment, tracking, follow-through, and recording of actions taken on program committee matters. b. The Vice President for Agricultural Affairs and the Vice President for Weights and Measures Affairs shall coordinate with committee chairpersons and assist them in fulfilling their responsibilities. The Vice Presidents shall be ex-officio members of their respective committees. c. The Vice Presidents shall keep the Board of Directors informed on program committee matters. d. The Vice Presidents shall keep current on committee, subcommittee, and special committee membership, assignments, agendas, and meeting schedules. e. The Vice Presidents shall perform the duties required by the By- Laws of this Association, and be available for any special assignments as required by the President. f. The Vice Presidents shall provide technical support and may represent the President and Association as required, in public, governmental, industry, and legislative forums.
CACASA Handbook 20 May, 2008 Section 4. Executive Secretary
The Executive Secretary shall perform the duties of secretary and treasurer. The Executive Secretary shall be an ex-officio member of all committees. a. The Executive Secretary shall maintain records and proceedings of this Association, with reliance upon the Vice Presidents for committee report. b. The Executive Secretary shall prepare a budget, keep accurate records of moneys c. received and disbursed, and shall report at least annually the status of all financial accounts. Disbursements shall be approved by the Board of Directors at the earliest meeting following said disbursements. d. The Executive Secretary shall perform such other duties as are customarily delegated to such office. e. At the close of the term of office, the Executive Secretary shall deliver to his/her successor all Association moneys, papers, books, and records.
Section 4.5 Executive Secretary-Elect a. In the absence of the Executive Secretary, the Executive Secretary-Elect shall perform all the duties of the Executive Secretary. b. At the request of the President, the Executive Secretary-Elect shall represent the Executive Secretary in the affairs of this Association. c. The Executive Secretary-Elect shall assist the Executive Secretary in performing such other duties as are customarily delegated to such office.
Section 5. Compensation of officers
The officers shall not receive any compensation for their services as such, but the Board of Directors may authorize them a sum for expenses which may be incurred by them in the performance of their duties, from the funds of this Association.
CACASA Handbook 21 May, 2008 ARTICLE VI - BOARD OF DIRECTORS
Section 1. Membership
The Board of Directors shall consist of the President, President-Elect, Vice-President for Weights and Measures Affairs, Vice-President for Agricultural Affairs, Executive Secretary, the immediate past president, and two representatives of each regional association (to be selected by the members from that region). In the event a designated regional association member is unable to attend a meeting of the Board of Directors, the regional association may select an alternate representative from its membership. The alternate regional representative shall notify the Executive Secretary prior to participating in the meeting.
Each regional association shall annually select a representative to serve for a term of two years. All regional vacancies shall be filled by appointment from that region. Selection of regional representatives shall be made forty-five (45) days prior to the annual conference, and notice of selection shall be provided the Executive Secretary who shall advise the officers of the selection. No regional representative shall serve more than two consecutive terms.
The President shall serve as chairperson of the Board of Directors. The President- Elect shall serve as vice chairperson, and the Executive Secretary shall serve as secretary. The duly elected and appointed Board of Directors shall assume all duties at the close of the final general session of the Annual Conference.
Section 2. Duties a. The Board of Directors shall constitute the governing body of this Association and shall have general control and supervision of the affairs of this Association. It shall have the general power to determine the policy of this Association and to carry such policy into effect. b. The Board of Directors shall approve and control the annual budget. c. The Board of Directors shall be empowered to decide upon all questions which may arise during the interval between meetings of the membership of this Association,
except as otherwise provided in this Constitution and By-Laws. d. The Board of Directors shall be responsible for developing and recommending revisions to the Constitution and By-Laws, subject to approval of the membership. e. The Board of Directors shall be empowered to determine the positions for this Association on issues requiring timely response and shall be authorized to appoint representatives to publicly express those positions.
CACASA Handbook 22 May, 2008 ARTICLE VII – COMMITTEES
Section 1. Standing Committees a. Legislative Committee: In the best interest of the Association the term of the Chairperson shall be a two-year appointment synchronous with the legislative cycle. The President shall appoint the Chairperson by September 1st in the year prior to the beginning of the legislative cycle. Additionally the regional associations shall appoint at least one of their members to the Committee. In the event a designated regional association member is unable to attend a meeting of the Legislative Committee, the regional association may select an alternate representative from its membership. The alternate regional representative shall notify the Committee Chairperson prior to participating in the meeting. Such appointments shall be consistent with Association policy. The Legislative Committee shall keep current with legislation and shall maintain close liaison with the Department of Pesticide Regulation, Department of Food and Agriculture, the Board of Directors, and Association committees. It shall perform its duties consistent with Association policy. It shall recommend any new legislation needed, participate in the development and promotion of beneficial legislation, and oppose that legislation which is not beneficial.
b. Ethics Committee: The Ethics Committee shall be composed of three immediate past presidents, the President, the President-Elect and the most senior past president. Each President shall appoint the immediate past president to serve as a member for three years and shall fill any vacancy by appointment for the unexpired term. The Chairperson shall be the most senior member who has served as an Association president. The duties of the Ethics Committee shall be to deal with all matters referring to the Code of Ethics adopted by the Association and to conduct such indoctrination sessions for newly-appointed active members as may be necessary. It shall perform its duties consistent with Association policy. (Approved March 20, 2008)
c. Auditing Committee: The Auditing Committee shall consist of three members. The Chairperson shall be appointed by the President and the two other Committee members shall be appointed by the Board of Directors. The duties of the Auditing Committee shall be to audit the books of the Executive Secretary and report to the Association as to their condition.
CACASA Handbook 23 May, 2008 d. Nominating Committee: Committee members shall consist of the Chair of each regional association. An alternate shall be selected by the regional association if they have an individual in consideration for an Association office. In the event a designated regional association member is unable to attend a meeting of the Nominating Committee, the regional association may select an alternate representative from its membership. The alternate regional representative shall notify the Committee Chairperson prior to participating in the meeting. The Chair of the Nominating Committee shall be appointed by the President by November 1st of each year. The committee shall nominate candidates for the office of President, President-Elect, Vice President of Agricultural Affairs, Vice President of Weights and Measures Affairs and Executive Secretary. The nomination process will follow the current adopted policy and procedures. Nominations will be presented to the voting membership on the first day of the Annual Conference.
e. Conference Committee: The Conference Committee shall consist of the designated Association members in the (North, Central and South) in which the conference is to be held, and the Chairperson shall be the President Elect. Committee membership will also consist of the Vice President of Agricultural Affairs, Vice President of Weights and Measures Affairs, Executive Secretary, the Secretary of California Department of Food and Agriculture and the Director of Department of Pesticide Regulation and their representatives. The committee shall be responsible for the time, location, program, and arrangements for the annual conference. The arrangements of place and date shall be reviewed by the Executive Secretary for possible event conflict and subject to final approval by the Board of Directors.
f. Personnel Standards Committee: The President shall appoint the Chairperson and the regional associations shall appoint at least two of their members to the Committee. In the event a designated regional association member is unable to attend a meeting of the Personnel Standards Committee, the regional association may select an alternate representative from its membership. The alternate regional representative shall notify the Committee Chairperson prior to participating in the meeting. The committee shall promote the professional development of the office of County Agricultural Commissioner and Sealer of Weights and Measures. It shall conduct a continuing and timely study of activities directed to this objective including all areas of personnel management, office operating procedures and office automation.
CACASA Handbook 24 May, 2008 g. Finance Committee: The Finance Committee shall consist of one member and one alternate from each Regional Association who is a member of the Board of Directors. Committee members and alternates shall be selected by each Regional Association and shall not be the current President, President Elect, Vice President, nor Executive Secretary. Executive Secretary will be part of committee for record keeping and financial statistics only, the will be a non-voting member. The chairperson shall be the current President of CACASA and the Vice- chairperson shall be selected by the committee from the committee members. The President may select non-committee members as needed to act in an advisory capacity to the committee, but neither the President nor the non-committee members are allowed to vote. Notwithstanding those duties of the Audit Committee, the committee shall deal with all issues of financial concern including but not limited to the development of financial policies, the management of available resources and the pursuit of new resources. The Finance Committee shall maintain a close working relationship with the Department of Food and Agriculture, Department of Pesticide Regulation, other involved agencies, industry, and the public.
Section 2. Program Committees
h. Program Committees are the regulatory-oriented committees of the Association of with duties involving a continuing study of county programs. These committees shall maintain a close working relationship with the Department of Food and Agriculture, Department of Pesticide Regulation, other involved agencies, industry, and the public.
The President shall appoint such program committees as deemed necessary for the proper transaction of the business of the Association. Such appointments shall be consistent with Association policy. The Chairperson and vacancies on committees shall be filled, in consultation with the President-Elect and assigned Vice President, by the President.
Committee Chairpersons shall report to the Board of Directors. The President, Vice- Presidents, or Committee Chairperson shall appoint such subcommittees and ad hoc committees as may be necessary to assist the program committees in the deliberations.
Section 3. Quorum of Committees
A majority of each committee shall constitute a quorum.
ARTICLE VIII - REGIONAL ASSOCIATIONS
Section 1. Formation
To advance the purpose of this Association, the state shall be divided into five regions.
CACASA Handbook 25 May, 2008 The regional associations shall be such as to provide convenient geographical divisions. Changes in the number and boundaries of the existing regions shall be determined by the Board of Directors, with the written consent of a majority of the active members voting in the regions concerned.
Section 2. Purpose a. To assist the officers and Board of Directors of this Association in forming policies, rendering services, and expressing to the Board of Directors through proper action the recommendations of the respective regional associations. b. To further the knowledge and professional development of staff personnel. c. To promote uniformity and cooperation among counties of the region. d. To assure dissemination of all information according to the Communications Policy adopted by the Association.
Section 3 Officers a. Each regional association shall elect a Chairperson, a Vice-Chairperson, and a Secretary, and such other officers as the regional association shall establish. They shall perform the duties customarily delegated to these officers. b. Such officers shall assume office at the first regular meeting of the regional association following the annual conference. The Executive Secretary of this Association shall be advised of the names of the officers elected. c. The Secretary of each regional association shall keep a record of all meetings and the minutes thereof and shall transmit copies in accordance with the Association's Communication Policy.
Section 4. General Policies
The general policies of this Association, as duly adopted and defined by the Board of Directors, shall be binding upon the regional associations, and no action in conflict with such policies shall be taken by any regional association, provided, however, that nothing herein contained shall be construed as limiting or restricting the activities of the respective regional associations in matters of purely local interest and concern.
ARTICLE IX - MEETINGS
Section 1. Meetings of Association a. The Annual Conference of this Association is that meeting defined in the California Food and Agricultural Code Section 2203 and in the Business and Professions code Section 12205. It shall be held in April, May or June of each year, the place and date to be approved by the Board of Directors.
CACASA Handbook 26 May, 2008 b. The winter meeting is that meeting called by the Director of the Department of Pesticide Regulation and the Secretary of the Department of Food and Agriculture. c. Special meetings may be called by the President, Board of Directors, Director of Department of Pesticide Regulation or Secretary of the Department Food and Agriculture, at such time and place as they may designate. d. A quorum for all meetings shall be a majority of the members.
Section 2. Board of Directors a. The Board of Directors shall meet not less than three times annually. One meeting shall be held in conjunction with the winter meeting and one meeting in conjunction with the Annual Conference. Other meetings shall be held as necessity may demand. b. Special meetings may be called by the President, the Secretary of the California Department of Food and Agriculture, the Director of Department of Pesticide Regulation, or by a majority of the Board of Directors. c. A quorum for all meetings shall be a majority of the members.
Section 3. Regional Associations a. Meetings of the regional associations shall be held at such times and places as convenient for its member counties; however, no less than six meetings shall be held annually. b. Special meetings of the regional associations may be called by the Director of the Department of Pesticide Regulation, Secretary of Department of Food and Agriculture, Association President, or the Regional Chairperson. c. A quorum for all meetings shall be a majority of the members.
Section 4. Committees a. Committee meetings, as deemed necessary, shall be held at the winter meeting and the annual conference and as called by the Chairperson of the committee. b. Special meetings may be called by the Director of the Department of Pesticide Regulations, Secretary of Department of Food and agriculture, Association President, Vice Presidents, or Committee Chairpersons. c. A quorum for all meetings shall be a majority of the members.
CACASA Handbook 27 May, 2008 Section 5. Executive Session
Upon the request of five active members of this Association or at the President's discretion, an Executive Session shall be called. An Executive Session shall be attended by active members and such others as may be invited by the President.
Section 6. Procedures
Robert's Rules of Order shall be followed unless inconsistent with the Constitution, By- Laws, or rules of this Association.
ARTICLE X - DUES AND REGISTRATION
Section 1. Dues and Registration
The requirements for dues and/or registration for each fiscal year, payable to this Association for the active members, shall be established annually by the Board of Directors at the winter meeting. CACASA funds shall not be used for financial support for political purposes.
Dues and/or registration shall become due and payable prior to the annual conference. No member shall be entitled to a vote or a voice in the deliberations of this Association whose dues and/or registration have not been paid.
Section 2. Dues and Registration for Associate and Sustaining Members
Dues and/or registration fees for associate and sustaining members shall be set by the Board of Directors and shall be payable in the same manner as that of active members.
Section 3. Fiscal Year
The fiscal year of this Association shall be from July 1 until June 30th.
ARTICLE XI - SPECIAL ASSESSMENTS AND SPECIAL FUNDS
Section 1. Special Funds
Special funds may be established for any purpose consistent with the stated purpose of this Association and shall be administered by the Executive Secretary as directed by the Board of Directors. Special funds shall include all grants and gifts of every kind, special assessments, or moneys set aside by the Association for a specific purpose. Special funds may be established for any purpose consistent with the stated purposes of this Association and shall be administered by the Executive Secretary as directed by the Board of Directors. Special funds shall include all grants and gifts of every kind or moneys set aside by this Association for a specific purpose.
CACASA Handbook 28 May, 2008 Section 2. Gift Awards
Gift awards shall be limited to persons supporting Association activities.
Section 3. Nonprofit Disclosure
This organization is organized for nonprofit purposes and does not contemplate pecuniary gain or profit to the members thereof.
Section 4. Special Assessments & Funds:
Special Assessments may be established for any use consistent with the stated purpose of this Association and shall be established with a 2/3 vote of the meeting of the whole during the Winter Conference and shall be administered by the Executive Secretary as directed by the Board of Directors.
ARTICLE XII - USE OF ASSOCIATION NAME
No member of this Association shall, by inference or otherwise, either directly or indirectly, misuse or abuse the name of this Association or their connection therewith; nor shall they imply or cause others to imply that this Association will sponsor or be responsible for any written article, statement, report, policy, or practice of any member or firm, association, corporation or the government agency by which the member is employed or with which the member is associated. Any member who desires to use this Association's name in connection with any personal endeavor shall first receive written authority from the Board of Directors.
ARTICLE XIII - AMENDMENTS
Section 1. Initiation of Proposed Amendments
Any active member may propose an amendment to this Constitution by submitting it in writing to the Board of Directors.
Section 2. Board of Directors
If a majority of the Board of Directors approves a proposed amendment, it shall be submitted to the membership for vote. The Board of Directors shall determine the manner of voting.
Section 3. Members
Members shall receive a copy of the proposed amendment at least ten (10) calendar days before the vote is taken. An amendment must receive a two-thirds majority vote of the active members to be approved.
CACASA Handbook 29 May, 2008 ASSOCIATION POLICY
Legislative Committee
COMMITTEE COMPOSITION
The association recognizes that timely meetings are adequate attendance and participation are most important to the effectiveness of this committee and should be a determining factor in committee composition.
1. The Association President shall appoint a Chairperson, and may appoint a Vice Chairperson and when possible, at least two members from each Regional Association. The President may further make subcommittee appointments (Agriculture and Weights & Measures) based upon Regional Association recommendations. Committee appointments should be for two years with appointments moving concurrent with the State Legislature.
2. The Association President shall designate which individual will be responsible as subcommittee chairperson for Agricultural Legislation and Weights and Measures Legislation.
3. The Association Vice Presidents shall be ex-officio members of the committee to facilitate program committee and legislative committee coordination and communication.
4. Regional Associations may recommend to the Association's President, a representative for Weights and Measures and a representative for Agricultural subcommittees.
RESPONSIBILITIES COMMITTEE
1. The Chairperson shall be responsible for reviewing bills and prepare an analysis, if necessary, of bills submitted to the committee, maintain close liaison with other Association position and action to the Board of Directors.
2. The Legislative Committee and in particular its Chairperson, are authorized to speak on behalf of the Association on all legislative matters in their respective programs when the Board of Director's cannot readily act and develop an Association position.
3. The Association's contact for bills on which it takes a position will be the Chairperson. The Chairperson may appoint a legislative contact representative for bills sponsored by the Association. The Legislative Contact Representative will be an interested, active member who is in agreement with the Association's position.
CACASA Handbook 30 May, 2008 4. The Chairperson or other designee of the Legislative Committee shall inform the Department of Food and Agriculture and the Department of Pesticide Regulation of the bills of interest to the Association, its position, and the Legislative Contact Representative for bills sponsored by the Association.
5. The Legislative Committee shall, whenever possible, coordinate their activities with Departmental Legislative Representatives and any Legislative Advocate who officially represents the Association.
LEGISLATIVE CONTACT REPRESENTATIVES
1. Legislative Contact Representatives, if appropriate, will work closely with California Department of Food and Agriculture and the Department of Pesticide Regulation Legislative Representatives and/or Legislative Advocate to carry the bill and make all arrangements for any action which will support the Association's position.
2. Action will be coordinated with the Chairperson along with the Legislative Advocate and/or Departmental Legislative Representatives. Necessary action may include appearing or arranging for witness(es) at legislative hearings, contacting Legislators, industry groups, and the Departments, as well as seeking assistance from other members.
3. The Legislative Contact Representative shall keep the Chairperson of the Legislative committee informed of the progress of the bill.
EXECUTIVE SECRETARY
1. The Executive Secretary will assist in all legislative activities as needed or requested.
ASSOCIATION
1. The Association shall limit its positions and Legislative activities to those bills which affect members by promoting beneficial Legislation and opposing that Legislation which is not beneficial.
2. Members shall vigorously support in any manner possible, the position adopted by the Association, in so far as it is not in conflict with their official county policy.
3. Although the Association's position does not prevent individual members from supporting an opposing position, the Chairperson of the Legislative Committee should be informed of any opposing position and the reason. A member with an opposing position shall not make any comments in support of their position which would imply that they are speaking for the Association. a. Support d. Support if amended b. Oppose e. Oppose unless amended c. Watch f. Neutral
CACASA Handbook 31 May, 2008 CALIFORNIA DEPARTMENT OF FOOD AND AGRICULTURE
1. The Department shall send copies of appropriate bills, their amendments and the California Department of Food and Agriculture's position to active members of the Association.
2. The Department shall keep the Chairperson and each Legislative Contact Representative aware of the progress of the bill they sponsor and indicate any need for special action in support of any bill.
CALIFORNIA DEPARTMENT OF PESTICIDE REGULATION
1. The Department shall send copies of appropriate bills, their amendments and the California Department of Pesticide Regulation's position to active members of the Association.
2. The Department shall keep the Chairperson and each Legislative Contact Representative aware of the progress of the bill they sponsor and indicate any need for special action in support of any bill.
EXPENSES
The amount of money allocated for the Legislative Advocate, Legislative Committee Chair(s), and legislative expenses of Association members will be established in the Association's fiscal year budget. Reimbursements from the Member Expense appropriation shall meet the following general policies.
Legislative Committee Chair(s) - may be provided a fiscal year stipend to offset personal office and travel expenses related to Legislative Committee activities. These funds shall not be used for reportable lobbying activities.
Member(s) Expense - Reimbursement from the Member Expenses appropriation shall meet the following general policies. Exceptions will require review and approval by the Board of Directors.
1. Extraordinary Event i.e. Special Dinner Meetings with Legislators and/or staff. Requires prior approval of the Legislative Chair. A dollar limit will be established, receipts shall be submitted, and all "activity expense" reporting requirements complied with. An "activity expense" is any payment made, as a lobbyist employer, which benefits, in whole or in part, an elective state officer, a legislative an agency official, a state candidate, or a member of the immediate family of such officials or candidates. The following information must be reported for each activity expense:
A. Date - The date the expense or event was incurred.
CACASA Handbook 32 May, 2008 B. Name and Address of Payee - The name and address of the vendor or other person to whom payment was made or incurred. If charged to a credit card, we must list the name of the credit card company and also the name of the vendor which received the payment.
C. Name and Official Position of Reportable Persons and Amount Benefiting Each - The name and official position of each reportable person who benefited from the payment. The association must also specify the portion of the total activity expense which is attributable to each reportable person. Each reportable person will receive written notice of the amount they benefited and their responsibility to report.
D. Description of Consideration - Description of the goods or services provide, e.g., lunch, refreshments, flowers, etc.
E. Total Amount of Activity - The total amount the association paid or incurred for the activity (not just the amount which benefited the reportable persons). If the amount paid was a portion of the total cost of the activity (the balance of which was paid by other person), we also must indicate in a note the total cost of the activity and that the payment represents a portion of the total.
2. Requires prior approval of the Legislative Chair. Reimbursable expenses and a dollar limit will be established.
3. Association Review of Expenses:
All extraordinary expenses will be reviewed by the Executive Committee.
CACASA Handbook 33 May, 2008 Association Directive / Guidelines
Program Committee Appointments
PROGRAM COMMITTEES
Program Committees are the regulatory oriented committees of the Association with duties involving a continuing study of county agricultural commissioner and weights and measures programs. They shall maintain a close working relationship with the Department of Food and Agriculture, other involved agencies, and the industry.
Program Committees shall be appointed by the President in consultation with the President Elect and affiliated Vice President as deemed necessary for the proper transaction of Association business. Regional representation on program committees shall be determined by the President with each region to be represented by at least one member but not more than two voting members. In the event a regional association representative is unable to attend a meeting of the program committee of which they are a member, the regional association may select an alternate representative from its membership. The alternate regional representative shall notify the appropriate program committee chairperson prior to participating in the committee meeting. The chairperson, as a nonvoting member (except in the case of a tie vote), may represent the third person from a regional association on the committee. Each regional association shall submit its recommendations to the affiliated Vice President at least 60 days prior to the annual conference. Appointments shall be made with a minimum of delay following its adjournment.
COMMITTEE VACANCY POLICY
New active members of CACASA should fill the positions of their predecessor where appropriate. It is the responsibility of the Regional Association Chairperson to recommend assignments to the CACASA President.
The President in consultation with the Affiliated Vice President will modify or endorse the proposed committee assignments. The intent of this policy is to ensure representation, smooth transitions and full participation of new association members. The process should be conducted consistent with the Association's Constitution and By- Laws as we as Policy/Guidelines.
Program committees shall include: Agricultural Chemicals Committee Biological Control Committee Protection Committee Natural Resources Protection Committee Nursery, Seed and Apiary Committee Pest Prevention Committee Standardization and Statistics Committee Weed and Vertebrate Committee
CACASA Handbook 34 May, 2008 ASSOCIATION DIRECTIVE / GUIDELINES
Committee Responsibilities
Committee chairpersons shall be appointed by the President of the Association. As the first order of Business at its first meeting of the Association year, each committee shall elect a vice chair and a secretary. The Association year is that period of time from the adjournment of the annual conference to the adjournment of the succeeding annual conference.
Subject matter for committee consideration may come from any appropriate source. Subject matter shall be routed through the President and Vice Presidents for assignment to the appropriate committee for study and recommended action. The committee chairperson most likely to be assigned the issue should concurrently receive the subject matter. These procedures shall apply to the Board of Directors, to the regional associations and to any subcommittees.
RESPONSIBILITIES OF COMMITTEE CHAIRPERSONS
1. Familiarize themselves with committee actions taken during the preceding term whether complete or incomplete by consultation with the Affiliated Vice President and former Chairperson. It is the responsibility of a new Chairperson to follow through on action taken by the committee prior to appointment as Chairperson.
2. Affiliated Vice President
Program Committee Chairpersons shall closely coordinate responsibilities with the appropriate Vice President as stipulated in the Association's Constitution and By-- Laws.
3. Arrange time and place of meeting
Request the Director to issue an official call using the Liaison Coordinator when needed. Such request should include the time and place of the meeting, agenda items, and a desired mailing list. Requests other than those of an emergency nature should be submitted at least one month in advance of the proposed meeting.
4. Prepare Meeting Agenda
a. Solicit members for agenda items.
b. Avoid subjects that do not merit committee action or attention.
CACASA Handbook 35 May, 2008 c. Preparation and distribution of agendas is the responsibility of the Chairperson. Agendas should be printed on the Chairperson's county letterhead or blank paper with appropriate heading and mailed by Chairperson. Duplication and distribution may be made by the Department if prior arrangements are made and approval obtained from the Liaison Coordinators.
d. Prepare and mail an agenda to all Active Members, the Director, the Secretary, Liaison Coordinators and appropriate Department personnel 30 days prior to the meeting.
No committee of the Association, except the Legislative Committee, shall take action on any matter or issue unless said matter or issue has been disseminated for review by all commissioners/sealers, thirty (30) days prior to the committee's meeting. This process should utilize the Regional Associations and their respective committee members who are responsible for providing liaison whenever possible. Committee chairs may waive this requirement for consideration of urgent matters.
e. If unable to prepare and mail an agenda to all members a tentative agenda should be mailed to all committee members, the Association officers, other committee chairs, and to pertinent Department personnel.
f. Agendas should be available at meetings for all persons present.
g. Schedule appearances before committee of those desiring to speak to an issue or those whose testimony is requested. Such appearances may include but are not limited to Departmental personnel and members of industry.
h. Agenda Format
See agenda format on the next page.
CACASA Handbook 36 May, 2008 AGENDA
NAME OF GROUP MEETING
DATE/TIME
PLACE
Committee Members
I. Approval of Minutes
II. Old Business
III. New Business
IV. Additional Items
Agenda items should be numbered and related items grouped together. Items should be informative enough to allow adequate preparation by those planning to attend the meeting.
5. Meeting Procedures
a. Start meetings on time.
b. Determine order of agenda discussion and add additional agenda items. For continuity's sake, related items should be grouped together and discussed accordingly.
c. Control discussion so as to conserve time, allow for full participation of members and confine to the subject.
d. To the maximum extent possible, lengthy oral summaries should be avoided and the speaker requested to provide a written statement of his comments or progress reports. Adequate copies should be provided for all committee members and for inclusion in the minutes.
e. Action items, motions or a consensus of opinion*, should be so worded as to clearly indicate the intent of the committee, the disposition of the action, and to whom the action, recommendation, or request is to be directed.** The chairperson shall only vote when a motion results in a tie vote.
*Do this as soon as unanimous or solid majority agreement is apparent. Considered action often may be speeded up and a properly worded motion obtained by asking the maker to put it in writing.
CACASA Handbook 37 May, 2008 **Motions to recommend, request, etc., should be directed to the Director or Secretary Assistant Director and Liaison Coordinator.
Committee motions should be directed to the President and Vice Presidents of the Association, as representatives of the Board of Directors as a recommendation unless more appropriate or expeditious direction is indicated.
Regional Association motions affecting any other regional association or the Association should be directed to the other regional associations, to the appropriate Vice President, or to the Board of Directors.
f. The Board of Directors or Association should not be asked to take action upon a subject until the appropriate committee has fully studied the subject and reached a positive decision.
g. Prepare a report of committee findings and recommendations for actions for presentation to the Board of Directors or Association for final action.
h. Provide the appropriate Vice President and Executive Secretary with complete copies of all reports and proceedings with a minimum of delay in transmittal.
i. Appoint necessary subcommittees and work groups in consultation with the affiliated Vice President. Subcommittees should be composed of any member ship category (including Association Members), with an emphasis upon selecting those who are best qualified to get the job done. An active member should be appointed as subcommittee Chairperson and report back to the committee.
j. Procedure following adjournment of committee meetings.
1. See that committee actions are properly disposed of and transmitted to proper destination with sufficient explanation to convey the intent of the actions.
2. Use every reasonable effort to secure prompt results and follow through to see that action is taken.
3. Inform committee members and affiliated Vice Presidents of all matters pending and of all follow- through action and results.
6. Presentation of Committee Reports.
It is recommended that in keeping with a tradition of long standing, Association action at the Winter Meeting and the Annual Conference be taken by the active members meeting as a body. Such action may be taken in an executive session of the Association or in a concurrent meeting session by the President.
CACASA Handbook 38 May, 2008 For ease and clarity of presentation it is recommended that committee chairs not read the minutes of their committee as these will be distributed to all members. Only that portion of the committee's report that will require Association action should be reported. Each item for adoption should be considered separately, moved for adoption, and voted on accordingly. Related items may be grouped as determined by the President. At the completion of his report the committee chairperson should move for acceptance of the report by the Association.
7. Procedure pending information of new committees. a. Continue to follow through on all committee actions taken during their term as chairperson even though a new committee and chair have been designated. The new chairperson should be advised of actions of the previous committee and any unfinished business. b. Prepare and keep current a written record of all committee proceedings, correspondence, etc., for passing on to each succeeding chairperson. c. Provide written and verbal procedural guidelines to the succeeding chairperson.
RESPONSIBILITIES OF COMMITTEE VICE CHAIRPERSON
1. Be prepared to carry out the duties of the chairperson.
RESPONSIBILITIES OF COMMITTEE SECRETARY
1. Assist the chairperson in every way possible in the performance of his/her responsibilities and perform other usual duties of a secretary.
2. Keep a record of meetings. Enough detail should be recorded of agenda items to present familiarization with subject and a brief summary of action taken.
See standard format for all meetings on the next page.
CACASA Handbook 39 May, 2008 A. Standard Format for all Minutes
MINUTES
NAME OF GROUP MEETING
DATE/TIME
PLACE
Members Present
I. Approval of Previous Minutes
Action taken and corrections noted.
II. Old Business
Clearly indicate status and/or additional action.
Actions:
III. New Business
Actions:
3. Preparation of Minutes:
a. Winter Meeting and Annual Conference
Check with Executive Secretary as to arrangements made for typing of minutes and for any assistance necessary.
Immediately upon adjournment of the committee meeting prepare a draft of the minutes. Verify motions and actions taken with the chairperson. Submit draft to typist and review with typist for any additional information or special instructions. Typist will be advised by Executive Secretary as to number of copies to be needed.
The minutes and/or report shall be reviewed, corrections noted, and made ready for presentation at the Executive Session. This session may be the Board of Directors sitting as a body in executive session or it may be a concurrent meeting of the Board of Directors and the Association called into executive session by the President. It is customary that this presentation be made by the committee chairperson.
CACASA Handbook 40 May, 2008 b. Special Committee Meetings
These shall be any meeting other than those held at the Winter Meeting and Annual Conference.
A draft of the minutes should be prepared within three days following the meeting and submitted to the chairperson by mail for review. Any corrections or additions should be immediately noted by the chairperson and returned to the secretary by mail, A final draft shall be prepared as soon as possible and transmitted to the Executive Secretary, The Executive Secretary will review, clarify, edit, and correct if necessary, and forward to the Department for duplication and distribution to all commissioners and sealers.
It is not necessary to send tentative minutes to all committee members. Time has proven that the subsequent delay in distributing tentative minutes to all commissioners/sealers negates any doubtful value that might result. Corrections if not caught by the committee chairperson or Executive Secretary can be made at the next committee meeting and so noted in the minutes of that meeting.
4. Special Reports
Any special reports that are to receive general distribution to all commissioners/sealers should be sent for duplication and distribution. There may be occasions when this procedure is impractical due to delay or a limited distribution. In these instances good judgment should prevail. However, it is most important that copies be sent to all Association officers and other committee chairpersons with a minimum of delay.
RESPONSIBILITIES OF COMMITTEE MEMBERS
1. Provide assistance to the Chairperson in meeting committee Assignments and deadlines.
2. Keep informed on committee issues.
3. Provide liaison with Regional Association. The member should keep regional association members informed, request their input and comments, represent the regional views on the committee and request and identify committee agenda items.
CACASA Handbook 41 May, 2008 Employee Special Achievement Award Guidelines
For Employees of County Departments of Agriculture/Measurement Standards California Department of Food and Agriculture California Department of Pesticide Regulation
Purpose
This Special Achievement Awards Program is designed to recognize special contributions made by employees. Any employee can nominate an individual employee, project crew task force or team for the award.
To Qualify
1. Sustained superior performance above and beyond what is expected of an employee performing at the standard level such as: a. The individual exhibits leadership qualities; e.g., well organized, creative, takes initiative, strong written/verbal skills. b. The quality of work by the individual is evident in all areas of responsibility. c. The individual made a significant contribution to the morale of the employees and citizens around that individual; e.g., assists peers, positive peer and public relations.
2. Outstanding performance for a specialized, complex, or unique project of short duration. Criteria for this category include: a. A considerable amount of work was put in during a very short time period. b. The work was outstanding in nature. c. The contribution made a significant impact on the County Department's and/or CDFA's operations. d. Nominations under this criteria may include more than one individual; i.e., a group special project.
ADDITIONAL INFORMATION
Eligibility - All employees except County Agricultural Commissioners, Sealers and management employees of CDFA.
Submission period - To be initiated and coordinated by the chair of the Personnel Standards Committee. October 15 - December 31, 20 to cover the current calendar year to recognize recent and past accomplishments.
CACASA Handbook 42 May, 2008 Justification statements - A person or team may be nominated by a peer supervisor, manager, or by himself or herself. A written statement, not exceeding 500 words, must be sent to the Executive Secretary of the California Agricultural Commissioners and Sealers Association stating how or why the person or group deserves special recognition at this time. The Executive Secretary will distribute county nominees to their respective Regional Association president. CDFA nominees will be sent to all Regional Association Presidents.
Regional Association Review - Nominations from each region will be reviewed by the Regional Chair and his/her designated review panel. Nominations from CDFA or DPR will be reviewed by the Secretary or Director of those agencies or their designees. Special Achievement Awards may be given by Regional Associations, CDFA or DPR to individuals meeting the awards criteria from a given area.
Final Review - A total of not more than three nominations from each area will be reviewed and evaluated by a special committee appointed by the President of the CACASA and a representative appointed by the Secretary of CDFA and representative appointed by the Director of DPR. The committee will recommend from the nominations, individual(s) to receive awards in a given calendar year. There is no obligation on the part of the committee to make an award if none is deemed appropriate.
Award - The award(s) shall be of suitable design and construction as to appropriately recognize the outstanding employee(s) of the year statewide. Presentations shall be coordinated by the Association Personnel Standards Committee Chair, CDFA and DPR and the respective county Commissioner/Sealer. Presentations and public announcements should take place as soon as practical after the awards and press information are assembled. Recognition may include the following: a. A plaque dedicated to the individual or team b. Presentations and/or announcements by the CDFA Director or Directorate before the: 1. County Board of Supervisors 2. State Board of Food and Agriculture 3. California Agricultural Commissioners and Sealers Association c. Recognition by: 1. The Governor of California 2. The Secretary of the Department of Food and Agriculture 3. The Director of the Department of Pesticide Regulation 4. The President of the California Agricultural Commissioners and Sealers Association 5. Statewide via a CDFA News Release
CACASA Handbook 43 May, 2008 ADDITIONAL RESPONSIBILITIES
Local Public Relations - The agricultural commissioner and sealer shall coordinate local media and provide for press coverage and photographs during Board of Supervisors presentations.
Nominees Recognition - All individuals submitted for Regional Association Review will receive a letter of appreciation from their Regional Association President or the Director's Representative on the nomination committee. All county nominees considered for Final Review and not selected will receive an honorable mention letter from the Association President with copies to their Board of Supervisors, Administrative Officer and Department Head. CDFA and DPR nominees considered for Final Review and not selected will receive an honorable mention letter from the Association President with copies to their Assistant Director and the Secretary or Director.
CACASA Handbook 44 May, 2008 EMPLOYEE - SPECIAL ACHIEVEMENT AWARDS
NOMINATION FORM AND INSTRUCTIONS Due December 31st, 20__
NOMINEES NAME(S)
Job Title
Organization
Address
Work Phone
PLEASE complete this form with as much detail as you can so that the selection committee has sufficient information to evaluate your nominee(s):
Professional career accomplishments
Contributions to government and public service
Demonstrated leadership qualities
Personal development and/or career preparation
Attach additional sheets if necessary, but limit the statement to 500 words.
1. Describe nominee(s) current position, stating the level of responsibility, length of service, and if applicable number of persons supervised, etc.
2. Highlight the nominee(s) professional background. If applicable include their unique professional accomplishments and career progression.
3. List some of his/her/their specific contributions to the betterment of government and/or regulatory agriculture.
CACASA Handbook 45 May, 2008 4. Describe the leadership roles assumed by the nominee(s).
5. Please make a personal statement about your nominee(s). Attach additional sheets if necessary.
NOMINATOR'S NAME:______
Job Title
Address
Work Phone
Home Phone
Signature
DEADLINE - DECEMBER 31st, 20__
MAIL TO: CACASA Accomplishment Recognition Executive Secretary
CACASA Handbook 46 May, 2008 Calendar For Special Achievement Awards
DEADLINE PRESENT PROPOSED
October 15 Mail out Announcement and Nomination Same Forms * Chair of Personnel Standards Committee Responsible
December 31 Nomination Forms Due Send nomination * Send to CACASA Executive forms to Chair of Secretary Personnel Standards Committee
January 15 Nominations Sent Out for Review Chair of Personnel (proposed) * Nominations are sent to the origin Standards CACASA Regional Presidents for Committee Review by panels responsible for distribution
January 15 Review Panel Formation Same (proposed) * Each CACASA Regional President, CDFA and DPR to designate a panel to review nominations
March 15 Review of Nominations Finalists are (proposed) * Panels review nominations and select forwarded to Chair no more than 3 from each region and of Personnel agency for consideration for statewide Standards award(s) Committee who is responsible for coordinating with special committee and distribution
March 15 Special Committee Formation Same (proposed) * Special committee appointed by CACASA President, Secretary and Director
CACASA Handbook 47 May, 2008 May 1 Review of Finalist Special committee (proposed) * Special committee will review recommendation(s) are nominations and recommend sent to Chair of individual(s) to receive award(s) of Personnel Standards Committee who is responsible for coordinating with CACASA Board of Directors Secretary and Director
TBA Presentation of Awards Same * Chair of Personnel Standards Committee, CDFA, DPR and the representative CACASA Agricultural Commissioner/Sealer to coordinate presentation
CACASA Handbook 48 May, 2008 CACASA MANAGER - SPECIAL AWARDS GUIDELINES
PURPOSE
This award is designed to recognize leaders (Association Members and Nonmembers) who have made unique contributions directly or indirectly in furtherance of the goals of our association and/or county offices.
GUIDELINES
1. The Association President is responsible for appointing a committee which should include at least one past recipient.
2. All nominations are to be made to the Special Awards Committee in writing and the final determination regarding the award recipient will be made by the awards committee. The committee should consider and evaluate nominees from the various disciplines within the Association.
3. The Special Awards Committee should not feel limited to the criteria listed below rather the Committee is encouraged to consider attributes along with these in selecting the person to receive a special award.
a. Has the person made an outstanding contribution to Weights and Measures, Agriculture, County or State Government in California, i.e., legislative work or trend setting enforcement effort. b. Service above and beyond what is normally expected such as: long service to the association, multiple years as president, secretary, etc. c. Someone whose actions bring credit and recognition to our profession. d. Someone who continually strives to achieve good, honest enforcement and public service. e. Someone whose personality and leadership style created and maintained a cohesive organization.
4. Only those persons meeting at least two sections of criteria 'a' through 'e' shall be nominated to receive a special award.
CACASA Handbook 49 May, 2008 ASSOCIATION DIRECTIVE
Annual Meeting Locations
The Annual Meeting shall be held in areas of the State designated as the Central Area, Southern Area, and Northern Area. A three-year rotation sequence shall be established and maintained. Sites shall be selected two years in advance and arrangements made accordingly,
2004-07-10 - CENTRAL AREA - (between the Tehachapis and Sacramento)
That area south of the eastern end of San Francisco Bay, and the northern boundaries of Contra Costa, San Joaquin and Calaveras County and the southern boundary of Alpine County, and including the following counties:
Alameda Kings San Benito Santa Cruz
Calaveras Madera San Francisco Stanislaus Contra Costa Mariposa San Joaquin Tulare Fresno Merced San Mateo Tuolumne Inyo/Mono Monterey Santa Clara
2006-09-12 - SOUTHERN AREA - (South of the Tehachapis)
That area south of the northern boundaries of San Luis Obispo, Kern and San Bernardino County and including the following counties:
Imperial Orange San Diego Ventura Kern Riverside San Luis Obispo Los Angeles San Bernardino Santa Barbara
2005-08-11 - NORTHERN AREA - (North of Sacramento)
This area to include those counties north of the line defining the Central Area:
Alpine Glenn Modoc Shasta Trinity Amador Humboldt Napa Siskiyou Yolo Butte Lake Nevada Solano Yuba Colusa Lassen Placer Sonoma Del Norte Marin Plumas/Sierra Sutter El Dorado Mendocino Sacramento Tehema
CACASA Handbook 50 May, 2008 COUNTY ADMINISTRATION
Memorandum of Understandings
Policies
Guidelines
CACASA Handbook 51 May, 2008 MEMORANDUM OF UNDERSTANDING
California Association of Weights and Measures Officials California Agricultural Commissioners Association and the California Department of Food and Agriculture
Agreement for Attaining Mutual Objectives
A mutual objective of the California Association of Weights and Measure Officials, the California Agricultural Commissioners Association, and the California Department of Food and Agriculture is to serve the people of California by fair and equitable enforcement of all laws for which each agency is responsible.
In pursuance of this objective and to meet challenges and for problems of agriculture and the public, cooperation is essential for the harmonious operation of the agencies involved.
To maintain cooperation the California Association of Weights and Measures Officials, the California Agricultural Commissioners Association, and the Director of Food and Agriculture agree to the following:
COMMUNICATION
Maintaining proper lines of communication is essential to close cooperation and effective enforcement. To be of maximum value, information must reach the appropriate agency as promptly as possible.
1. Prepared News Releases
a. Department news releases involving specific counties will first be reviewed with county officials involved and time of public release will be coordinated.
b. County news releases directly involving the Department will first reviewed with State officials involved and time of public release will be coordinated.
c. Copies of Department news releases will be sent to all county, state and federal agencies involved.
d. Copies of county news releases will be sent to the Director with recommendations for distribution.
e. Participation of all involved agencies and other departments will be acknowledged in all releases.
CACASA Handbook 52 May, 2008 2. Newsletters
a. Will not be used by the Department to disseminate policies or procedures.
b. Will be distributed to all concerned county and state officials in a timely manner.
3. Correspondence
a. Correspondence will be acknowledged promptly and will be signed at the appropriate level.
b. Copies of correspondence will be sent to all involved county and state offices.
4. Telephone Contacts
Telephone calls concerning policy, procedure, and commitments will be confirmed by letter when necessary or requested.
5. Personal Contacts
a. Official contacts involving Department and county personnel or meetings to discuss particular problems shall be by appointment. The purpose shall be described in advance in such detail as to achieve maximum value from the official contacts or meetings.
b. When requested, appropriate departmental personnel shall represent the Department at regional association meetings.
c. Each Department representative should review with the commissioner or sealer or designee work that has been accomplished during a visit to a county.
d. Regional Coordinators will represent the Director.
PUBLIC RELATIONS
The good image of the Department, commissioners and sealers can be maintained by observing the following:
1. New personnel will receive training in public relations.
2. Department employees who work with county officials will receive orientation on duties and functions of such officials.
3. County employees will receive orientation on duties and functions of the Department.
CACASA Handbook 53 May, 2008 MANAGEMENT
County and state officials recognize that high standards of management practice and conduct must govern performance of all those in public trust.
1. Coordination
a. The counties should strive for uniform enforcement procedures.
b. Laws, regulations, and policies will be reviewed on a continuing basis by the Department and the Associations.
c. The Department and the Associations will each apprise the others of legislation under consideration which will directly or indirectly affect the work of the others.
d. To promote better understanding and uniformity among counties, appropriate Department representatives should personally discuss problem areas with commissioners and sealers or their designees. Personal conflicts or problems will be resolved at the lowest possible level.
e. Regional Coordinators represent the Director in their assigned regions to maintain effective, coordinated programs with counties. They shall be kept informed on programs and problems and be fully utilized to assist Department staff and commissioners and sealers. They should receive copies of pertinent correspondence between the Department and regional associations or individual counties in their regions.
f. Commissioner and sealer participation in association meetings and the uniform application of state laws is essential to attainment of mutual goals and is an obligation that should be considered an ethical requirement. Association meetings where matters of mutual interest are discussed shall have Department representation.
g. Department personnel will contact chairmen of regional associations to place items on regional association agendas. Information on these items should be circulated to counties involved prior to meeting to achieve maximum value from discussions.
h. Cooperative projects will be planned sufficiently in advance to permit adequate budget and workload assignments. Contingency plans will be developed for emergencies.
i. The Department, when requested, will provide timely assistance to counties in developing necessary budget information.
j. Whenever a Department employee involved in a program of joint responsibility schedules work in a county, the commissioner or sealer will be notified in advance, except in those occasions where it is not appropriate.
CACASA Handbook 54 May, 2008 k. The spokesperson should be determined ahead of time when state and county personnel are working together.
l. If a decision made by a commissioner or sealer involving interpretation of law or regulation is reversed by the Department, it shall be thoroughly discussed with the commissioner or sealer involved prior to implementation.
2. Forms and Reports
a. In the interest of uniformity, counties should use state approved forms.
b. State supplied forms and reports will be reviewed periodically by the Department and the Associations.
c. Adequate instructions will be provided with each form or report.
d. New or revised forms will be reviewed with regional associations and appropriate association committees before adoption and, whenever possible, be put into use only at the beginning of a reporting period.
e. Before release, the Department will review records carefully and will return them to counties for clarification if obvious inconsistencies or errors are noted.
f. Upon request, and within budget constraints, the Department will assist counties in developing and preparing forms and reports.
g. Commissioners and sealers shall submit monthly reports on time. These reports shall be reviewed and signed by supervisory personnel.
h. Within budget constraints, counties will respond to special Departmental requests for information in a timely manner.
3. Management of Equipment
a. The Department should:
1. Provide information on equipment being used in counties and recommend disposition of equipment that is unnecessary or outmoded.
2. Provide equipment recommendations for various functions, including minimum specifications and names of manufactures.
3. Take leadership in testing and evaluating new techniques and equipment, and where practical, involve county personnel.
b. The counties should:
1. Use recommended types of equipment.
CACASA Handbook 55 May, 2008 2. Establish a maintenance and replacement program.
4. Manual of Administrative Procedures
a. Manuals of policies, operating manuals, handbooks, procedural circulars, and administrative procedures will be maintained by the Department and distributed to each county. Manuals will:
1. Define areas of responsibility.
2. Be in accord with established policy.
3. Standardize procedures, definitions, and equipment.
4. Provide interpretations and define lines of communications.
5. Define inspection, investigative, hearing, and courtroom conduct.
6. Be cleared by appropriate Department officials and other affected agencies.
7. Be reviewed as frequently as necessary but at least annually.
8. Be amended promptly utilizing a format for new information to facilitate identifying, dating, and replacing amended pages.
5. Manual of Technical Weights and Measures Procedures and Instructions
a. A complete manual of technical procedures and instructions will be developed and maintained by the Department and distributed to all state and county weights and measures officials.
b. This manual will set forth technical procedures and instructions for:
1. Compressed gases 2. Measuring devices 3. Weighing devices 4. Quantity control of packaged commodities 5. Electric measuring devices 6. Weighmaster and petroleum products
c. Technical procedures will be developed in cooperation with county weights and measures officials.
d. It is the responsibility of each weights and measures official to maintain and use this manual.
CACASA Handbook 56 May, 2008 TRAINING PROGRAM
Training is recognized as a necessary adjunct to proper performance of cooperative programs. The Department and counties have a joint obligation to meet training needs of county personnel. The Department will assist counties in providing training in knowledge, skills and attitudes to enable county personnel to perform their duties efficiently and effectively. Major emphasis will be on technical and professional training pertaining to cooperative programs.
1. Training Programs
a. Will be developed to meet specific needs.
b. Will be conducted by adequately trained personnel.
c. Will be evaluated to determine if needs have been met.
d. Will be coordinated within the Department to permit appropriate scheduling.
e. Will include informal training and program reviews for specific functions at the county level.
2. Scheduling and Participation
a. A schedule of proposed formal training will be developed sufficiently in advance to permit necessary budgeting and other planning.
b. Training programs shall be scheduled at such locations so as to reduce total travel to a minimum.
c. Personnel completing formal training programs may be issued an appropriate certificate.
d. Review of updated information and instructions in the use of new technology by county personnel is encouraged on an informal ongoing basis.
3. Education and Professional Development
a. The Department and the Associations will cooperatively develop and distribute information and brochures on job opportunities for employment within their respective agencies.
b. State and county personnel are encouraged to participate in educational and in service training programs to improve their technical, professional and administrative qualifications.
CACASA Handbook 57 May, 2008 c. The Department will conduct a continuing study of the certification procedure and examinations to ensure they are kept current and lead to increased professionalism.
PROGRAM OBJECTIVES AND EFFECTIVENESS MEASURES
The Department and the Associations recognize the need to establish evaluation techniques to measure the degree to which program objectives are being realized.
1. Program Objectives
a. The Department and the Associations will develop short and long term objectives for each cooperative program.
b. Program effectiveness measures will be jointly established by the Department and the Associations.
c. Each county's program effectiveness will be reviewed periodically by the Department and the affected commissioner or sealer. Necessary corrective action will be jointly developed.
d. Joint state-county program effectiveness will be reviewed periodically by the Department and the Associations. Necessary corrective action will be jointly developed.
2. Performance Standards
To achieve a high level of county service, performance surveys will be conducted for each program using uniform guidelines and standards.
a. In setting quantitative standards consideration will be given to differences in size, population, and business activities of the various counties, and to the county's inspection frequency plan.
b. All criteria for performance standards will be reviewed periodically and revised when necessary.
c. Each county's performance will be evaluated for those functions where standards have been established, but not compared with or to another specific county.
d. Follow-up surveys will be conducted to reevaluate a county's performance in substandard areas.
DISTRIBUTION OF THIS DOCUMENT
This document will be distributed to all personnel involved in implementation of this agreement.
CACASA Handbook 58 May, 2008 (Replaces memorandum of understanding as adopted separately by the California Agricultural Commissioners Association and the California Association of Weights and Measures Officials.)
ADOPTED February 3, 1984
O/S 4/16/84 Director Date California Department of Food and Agriculture
O/S 4/16/84 Executive Secretary Date California Association of Weights and Measures Officials
O/S 4/16/84 Executive Secretary Date California Agricultural Commissioners Association
CACASA Handbook 59 May, 2008 MEMORANDUM OF UNDERSTANDING
California Department of Food and Agriculture and the California Agricultural Commissioners Association
Plan for Pest Prevention
A Pest Prevention System in California is mandated by Section 403 of the Food and Agricultural Code which states, "The Department shall prevent the introduction and spread of injurious insects or animal pests, plant diseases, and noxious weeds."
The State of California administers and operates a Pest Prevention System of five major components, Pest Exclusion, Pest Detection, Pest Eradication, Public Information and Education, and Pest Identifications and Records.
I. PEST EXCLUSION
Definition: "Pest Exclusion" is the legal action intended to prevent the introduction of a pest into an area where it does not already occur or into an area where legally established suppression or eradication activities are directed against it.
A. It is the policy of the State of California to fully utilize Pest Exclusion as an integral part of the Pest Prevention System.
B. It is the policy of the State of California to encourage origin states to eradicate and control pest infestations that threaten California. It is the policy of the State of California to encourage the USDA and origin states to establish valid certification programs.
1. Pest Exclusion regulations and operations shall be based on "biologically sound" principles.
To be "biologically sound", a pest exclusion regulation must meet the following criteria:
a. The biological background of the pest is fairly well known, including its life history, hosts, mode of spread and detection techniques.
b. Infestation is unknown in area to be protected, or is under eradication.
c. Interception and prevention of entry are reasonably possible.
d. There exists a reasonable assurance that the pest can be contained.
e. The potential ecological range of the pest is known.
CACASA Handbook 60 May, 2008 f. The pest presents a threat of economic, social, or environmental impact to plants within the protected area.
2. Pest Exclusion regulations shall not be promulgated for or used as barriers to interstate commerce except as a bonafide attempt to protect against pest infestation.
C. Pest Exclusion Operations
1. Maintain pest introduction deterrent for entire State by regulating the movement of target pests from an infested area to a protected area.
a. Regulate surface vehicles entering protected area from areas of pest contamination.
(1) At points which will provide statewide protection.
(2) At appropriate times to be effective.
b. Monitor air and maritime traffic entering State.
(1) Inspect all cargo shipments.
(2) Spot check travelers.
c. Maintain terminal inspection.
(1) U.S. Post Offices. (2) Common carriers. (3) Hay and grain terminals.
2. Cooperate with Federal Government and other states.
a. Promote uniform pest exclusion regulations.
b. Strengthen and encourage valid origin certification.
II. PEST DETECTION
Definition: "Pest Detection" is the systematic search for pests outside of known infested area and for pests not known to occur in California.
A. It is the policy of the State of California to detect incipient infestations of new pests before eradication becomes biologically or economically infeasible.
1. The goal is to detect pests before infestation exceeds:
a. Insects - one square mile.
CACASA Handbook 61 May, 2008 b. Nematodes - one square mile.
c. Weeds - one square mile.
d. Diseases - one-half square mile.
e. Vertebrate pests - smallest possible area.
f. Snails and slugs - smallest possible area.
2. Pest detection target areas.
a. Urban.
b. Crop.
c. Nurseries.
d. Forests and rangeland.
e. High hazard entryways and terminals.
f. Storage and processing.
3. Pest detection methods.
a. Visual grid surveys.
b. Trapping.
c. Inspection of selected hosts.
d. Indexing.
e. Aerial survey.
f. Public information and education.
B. The Pest Detection Program is a cooperative effort between the California Department of Food and Agriculture, California Agricultural Commissioners Association and the United States Department of Agriculture, and all shall participate in the planning, evaluating, scheduling, and training.
1. The California Department of Food and Agriculture shall:
a. Provide pest evaluation studies, establish pest priorities, designate target pests, set standards for pest detection, and provide preliminary delimitation in cooperation with the counties.
CACASA Handbook 62 May, 2008 b. Plan, develop, coordinate, evaluate, and review a statewide pest
detection program.
c. Provide liaison with the United States Department of Agriculture
and other agencies (including universities and researchers),
provide public information, and foster detection efforts by related-
interest groups.
d. Provide training, pest information, and visual aids.
e. Provide methodology, techniques, special equipment, special
services, assistance under extraordinary circumstances, and
forms.
f. Promote public participation.
g. Report progress and achievements to respective agencies.
h. Provide funding through contract for specific detection activity
above the normal pest control obligation of each county.
2. The County Department of Agriculture shall:
a. Identify and evaluate pests of county significance.
b. Plan, organize, and direct the county pest detection program and
integrate it with the statewide program.
c. Provide personnel and arrange for their training.
d. Participate in review and evaluation of the State and county
programs.
e. Promote public participation.
3. The United States Department of Agriculture participation will be in accord with Federal policy.
III. PEST ERADICATION
CACASA Handbook 63 May, 2008 Definition: "Pest Eradication" is the attempt to exterminate a pest from a defined area.
A. It is the policy of the State of California to promptly develop operational plans for eradication under joint county and State responsibilities, when applicable, and eradicate new and economically important organisms.
B. The California Department of Food and Agriculture, in cooperation with the California Agricultural Commissioners Association, shall exercise leadership in the prompt evaluation of a newly detected pest.
C. It is recognized that the investigation of a new organism or disease, its pest rating, and follow-up action will follow the "Guidelines of the Department of Food and Agriculture and the California Agricultural Commissioners Association for Evaluation of Pests New to California," dated July 10, 1973.
D. Responsibilities
1. The California Department of Food and Agriculture shall:
a. Promptly provide leadership in planning, organizing, coordinating, and
evaluating pest actions.
b. Provide necessary technical advice and training.
c. Provide special equipment and supplies.
d. Provide leadership in obtaining funds and manpower.
e. Provide liaison in actions involving Federal participation.
2. The County Department of Agriculture shall:
a. Assist in planning, organizing, coordinating and evaluating pest actions.
b. Provide project direction at the local level.
c. Provide normal operating equipment and supplies.
d. Handle local public relations and law enforcement matters.
e. Assist in obtaining funds and manpower.
IV. PUBLIC INFORMATION AND EDUCATION
CACASA Handbook 64 May, 2008 A. The California Department of Food and Agriculture and the California Agricultural Commissioners Association will cooperate in an expanded information and educational program directed to increase public awareness as to the hazards of the introduction and establishment of new pests by calling attention to:
1. Environmental contamination.
a. Insects, diseases, vertebrate pests, weed pests, nematodes, snails and slugs.
b. Increased need for pesticides.
2. Increased food and fiber costs. a. Less supply.
b. Increased production costs.
c. Cost benefit ratio.
3. Destruction of resources.
a. Forests.
b. Parks.
c. Urban horticulture.
B. The California Department of Food and Agriculture and the California Agricultural Commissioners Association will cooperate in directing information material to those most likely to cause the introduction of hazardous pests into the State:
1. Traveling public.
2. Commercial carriers - public and private.
3. Air carriers - passenger and cargo.
4. Importers - interstate and international,
C. It is the policy of the State of California to encourage all citizens to report the incidence of unfamiliar pest organisms whenever and wherever found to the nearest pest prevention authority.
V. PEST IDENTIFICATION AND RECORDS
CACASA Handbook 65 May, 2008 A. Timely and accurate identification together with complete and accurate records of pests found in the State are critical. All actions taken under the many segments of the pest prevention plan depend on these identifications and records.
B. In order to attain timely and accurate pest identifications and maintain accurate records, County and State personnel collecting and/or making identifications as part of their routine pest prevention duties shall: (1) send all unfamiliar specimens to the CDFA Analysis and Identification Branch for identification, (2) send a11 "A" and "Q " rated pests to the CDFA for identification or confirmation, and (3) County operated identification laboratories also must submit "A" and "Q" pests to the CDFA for confirmation and for complete records. Pest identification records shall be retained by the CDFA. Counties may keep pest identification records and coordinate with the State master files.
Adopted by the California Agricultural Commissioners Association meeting at Konocti Harbor Inn, Kelseyville, California, May 22, 1974; amended December 6, 1983; amended May 8, 1987.
(Replaces CPS-DI originally adopted in Santa Barbara, May 7. 1959; reaffirmed May 26, 1964; reaffirmed May 16, 1969; amended November 29, 1972.)
(Replaces CPS-D2 originally adopted in Sacramento, November 29, 1972.)
O/S 6/10/87 California Agricultural Commissioners Association (Date)
O/S 7/10/87 California Department of Food and Agriculture (Date)
CACASA Handbook 66 May, 2008 MEMORANDUM OF UNDERSTANDING
California Department of Food and Agriculture and the California Agricultural Commissioners Association
Plant Pest Quarantine Policy
1. PURPOSE, AUTHORITY, AND GENERAL PRINCIPLES
A. Purpose
Plant pest quarantines are imposed to prevent the artificial introduction of or to limit the spread of agricultural plant pests. Such quarantines may restrict the production, movement or existence of plants, plant products, animals, animal products, or any other articles or material, or activity of people which could result in the artificial introduction or spread of the specified pest(s).
B. Authority
The Director is charged with the responsibility for preventing the introduction and spread of injurious insect or animal pests, plant diseases, and noxious weeds [Section 403, Food and Agricultural Code (FAC)]. He is authorized to adopt such regulations as are reasonably necessary to fulfill this responsibility (Sections 407, 5301, 5302, and 5322, FAC). Other governmental agencies (e.g., counties, cities, districts) may not establish quarantines against each other, on account of the existence of any pest, without the written consent of the Director (Section 5305, FAC).
C. General Principles
1. Inasmuch as the purposes of plant quarantines and the means required to achieve them cannot be undertaken by private individuals or groups, quarantines properly are the responsibility of government,
2. Quarantines shall not be imposed as trade barriers.
3. Quarantines will be established on a biologically sound basis:
a. The plant pest targeted must pose an actual or anticipated threat to a substantial agricultural interest and/or the general public.
b. No substitute or alternative mitigating action will accomplish the same pest prevention purpose.
c. Accomplishment of the stated purpose is a reasonable expectation.
CACASA Handbook 67 May, 2008 d. Economic and/or environmental benefits outweigh the cost of administration and the costs to those who must comply with the restrictions imposed.
4. Regulations establishing quarantines will be adopted with input from those interested in and affected by them. The agricultural commissioners and the United States Department of Agriculture are cooperating agencies which will be involved as appropriate.
5. Quarantines will be as narrow in scope as possible while maximizing the potential for accomplishing their purpose.
a. Quarantines imposed in connection with plant pest eradication projects reasonably may be broader in scope and/or more restrictive because of the importance of the quarantined pest, the prognosis for its eradication or control, and its effects on the environment.
b. Quarantines imposed to prevent or slow the spread of an already established pest allow for the scope of and restrictions imposed to be relatively narrow.
6. Quarantine areas will be as limited as possible consistent with the area known to be infested with the pest. Whenever possible, boundaries shall be based upon existing jurisdictional state, county or township lines, major highways or roads, or geographic features such as rivers and mountain ranges.
7. Quarantines will be written as clearly and concisely as possible so as to enhance understanding and enforcement.
8. The absence of complete biological knowledge of a pest will not necessarily prohibit the adoption of quarantine.
9. Adoption of quarantine against a serious plant pest new to the State or new to a major area of the State will be accompanied by an information campaign, the scope and intensity of which is in proportion to the economic and/or environmental importance of the pest.
10. The scope of and restrictions imposed should be reduced or increased based on experience and information obtained in the administration of the quarantine.
11.Regulations establishing quarantines will be repealed when their purposes have been accomplished, the pest quarantined against has been eradicated or its spread can be controlled in absence of the quarantine, or it is determined that the purpose cannot be achieved.
CACASA Handbook 68 May, 2008 II. EXTERIOR QUARANTINES
Exterior quarantines will be adopted to prevent the artificial introduction of serious plant pests into California. Consistent with the general principles, they will be adopted only when no substitute or alternative mitigating action will accomplish the same purpose. They also will be as limited as possible in terms of area and commodities covered. Exterior quarantines are promulgated to protect the health and welfare of the entire State. Consequently, they reflect statewide pest exclusion concerns.
III. INTERIOR QUARANTINES
Interior quarantines will be adopted as necessary to complement State plant pest eradication projects or to prevent or slow the spread of a serious plant pest already established in California. They will be established consistent with the general principles, but with greater emphasis placed on a cooperative relationship between the Director and the agricultural commissioners. At the termination of an unsuccessful eradication effort the interior quarantine will be evaluated to determine, consistent with the principles herein, if the quarantine should be maintained, amended, or discontinued.
Interior quarantines adopted to aid in the State's eradication of new serious pests not established in the State generally, will be funded, subject to budget appropriation or redirection, together with the other eradication costs.
Interior quarantines adopted or amended to prevent or slow the spread of pests already established in California are not expected to result in increased overall county costs. County departments of agriculture will shift priorities within their agricultural programs accordingly. Only in those instances where the county must hire additional employees is a State mandated increase in cost deemed to exist. Where possible the increased costs should be recovered by the affected counties via charges for the inspections required by the quarantine.
IV. LOCAL QUARANTINE ORDINANCES
Section 5305, FAC, prohibits the establishment by local jurisdictions of quarantines against each other, on account of the existence of any pest, without the written consent of the Director.
The required consent may be granted only in those instances where the Director has determined: (1) That the pest is not of statewide interest and concern and/or an interior quarantine will not be adopted; AND, (2) That the ordinance establishing a quarantine was adopted following the notification, publishing, public input and other requirements which must be met by the Director, under Section 11340, et seq., of the Government Code, when he adopts quarantine regulations, except that notice of the proposed ordinance shall not be published in the California Administrative Notice Register and the required documents shall be filed with the Director and not with the Office of Administrative Law.
CACASA Handbook 69 May, 2008 Consent will not be granted when the ordinance has an effective date earlier than 30 days following the Director's consent unless the ordinance is adopted because an emergency exists.
V. QUARANTINE-COMMISSIONER'S CIRCULARS
Quarantine-Commissioner's (Q.C.) Circulars regarding local quarantine ordinances, lawful rejection practices, and policies of the various county departments of agriculture will be prepared, distributed and maintained by the Department to keep agricultural commissioners and industry apprised of local ordinances, practices, and policies. Such circulars shall not impose certification or other conditions of entry of commodities or otherwise have the effect of quarantines, except when they are noticing the requirements imposed by local ordinances which have received the Director's written consent. County rejection practices and policies regarding intrastate shipments of plants or other carriers of plant pests of local concern shall be in accordance with the authority granted in Sections 6501-6524 of the Food and Agricultural Code.
O/S 6/4/85 California Department of Food and Agriculture Date
O/S 5/28/85 California Agricultural Commissioners Association Date
Adopted: June 4, 1985
CACASA Handbook 70 May, 2008 MEMORANDUM OF UNDERSTANDING
California Department of Food and Agriculture and the California Agricultural Commissioners Association
Procedure for Handling Plant Quarantine Shipments
For the sake of uniformity in plant quarantine, the following is established as a procedure for determining the status and proper disposition of shipments subject to plant quarantine inspection.
1. A shipment shall be rejected if it is:
a. In violation of a law or quarantine regulation of this State or the Federal Government, or
b. Infested or infected or there is reasonable cause to believe* that it is infested or infected with any animal or other organism dangerous or detrimental to the agricultural industry, which in the area of destination is:
1. New or not known to occur, or
2. Of limited distribution, or
3. Being subjected to eradication or intensive control.
2. A shipment shall not be rejected if it is:
a. Not in violation of a law or quarantine regulation of this State or the Federal Government, or
b. Infested or infected with any animal or organism which in the area of destination is:
1. Of common occurrence, and
2. Not being subjected to eradication or intensive control.
*"Reasonable cause to believe" is not applicable to weeds or weed seeds.
CACASA Handbook 71 May, 2008 (Replaces CPS-Q1. Originally adopted as policy at Yosemite National Park, May, 1940; reaffirmed in Riverside, May 22, 1947. Adopted in Sacramento, November 17, 1961; reaffirmed December 5, 1968. Edited and revised December, 1974. Reaffirmed May 23, 1975.)
O/S , May 23, 1975 (Executive Secretary) (Date)
Concurred in by the Director, California Department of Food and Agriculture:
O/S , 7/11/75 (Director) (Date)
May 23, 1975
CACASA Handbook 72 May, 2008 MEMORANDUM OF UNDERSTANDING
California Department of Food and Agriculture The Regents of the University of California California State University and Colleges United States Department of Agriculture and the California Agricultural Commissioners Association
Restrictions on and Procedures for Importation And Interstate Movement of Plant Pest Organisms and Soil
The California Department of Food and Agriculture and county agricultural commissioners have a duty, as required by provisions of the Food and Agricultural Code, to protect the agricultural industry of California by preventing the dissemination of plant pests into and within California.
USDA permits are required for importation and interstate transportation of plant pests under federal law and regulations. USDA permits also are required for importation of soil and earth into the continental United States. If soil is moved interstate from areas under quarantine, it must comply with the provisions of the quarantine in effect at origin.
The importance of research and the need to exchange or transfer living plant pests between research workers and diagnostic laboratories is recognized. Any application for a permit to move such pests will be given consideration. Benefits which may be derived from the proposed movement and use of the pest will be considered as well as adequacy of containment facilities and impact to agriculture and the environment if the pest were to escape and become established in California. An outline of policies and procedures regulating movement of plant pest organisms and soil into California is as follows:
1. The Federal Plant Pest Act of May 23, 1957, and federal plant pest regulations restrict movement of plant pests and soil as follows:
a. Plant Pests. No person shall knowingly move any plant pest interstate or into or through the United States from any place outside thereof or knowingly accept delivery of any plant pest so moving unless the movement is authorized under a USDA permit. Non-living biological specimens of plant pests, in preservative or dried, may be so moved, subject to inspection, without permit.
b. Soil From Foreign Countries, Territories, and Possessions. No soil shall be moved into or through the United States from any place outside thereof unless moving under a USDA permit, except that no permit is required for the entry of Canadian soil except soil from Newfoundland and a portion of Vancouver Island of British Columbia.
CACASA Handbook 73 May, 2008 c. Soil Moved Interstate Within Continental United States. Interstate movement of earth (including soil), stone, quarry products and similar substances is not regulated under the Federal Plant Pest Act. Movement of such materials of United States origin from areas under Federal domestic quarantine in the continental United States is regulated under the following quarantines and may be made only in accordance with the requirements of these or subsequent quarantines.
FEDERAL DOMESTIC QUARANTINES
Q80 - Witchweed Q81 - Imported fire ant Q85 - Golden nematode
2. Terms as defined in Federal Plant Pest Regulations. "Plant Pest" means any living stage of: Any insects, mites, nematodes, slugs, snails, protozoa, or other invertebrate animals, bacteria, fungi, other parasitic plants or reproductive parts thereof, viruses, or any organisms similar to or allied with any of the foregoing, or any infectious substances, which can directly or indirectly injure or cause disease or damage in any plants or parts thereof, or any processed, manufactured, or other products of plants.
"Earth" means the softer matter composing part of the surface of the globe, in distinction from the firm rock, and including the soil and subsoil, as well as finely divided rock and other soil formation materials down to the rock layer.
"Soil" means the loose surface material of the earth in which plants grow, in most cases consisting of disintegrated rock with an admixture of organic material and soluble salts.
3. Plant Pests to be Free of Soil. Plant pests moved interstate or into or through the United States must be free of soil, except when approved in the permit.
4. Labeling of Plant Pests and Soil Moved Under Permit. A label furnished by the USDA shall be attached to each parcel as evidence that the movement of the plant pests or soil is authorized. The label also shall disclose the contents of the parcel.
5. Courtesy Permits. Courtesy permits may be issued by the USDA for movement of organisms which are not regulated under the Federal Plant Pest Act or any other act to facilitate movement which might be impeded because of similarity of the organisms to others which are regulated under the act. Such permits also may be issued by the USDA on request from any agency for organisms regulated under some other act.
CACASA Handbook 74 May, 2008 6. Permits Issued by Other Agencies. Inspectors shall recognize permits for the movement of organisms issued by other Federal agencies under other acts. If the organism is also a plant pest, it is subject to other conditions that may be required; however, no additional USDA permit is required.
7. University of California and State University and College Quarantine Representatives. Chairs of departments of the University of California and State University and Colleges may appoint a member of the faculty to serve as the Departmental Quarantine Representative.
Applications for permits to move plant pests or soil shall be reviewed by the Departmental Quarantine Representative and, if approved, forwarded to the California Department of Food and Agriculture, Pest Exclusion, Permits and Regulations, 1220 N Street, Sacramento, California 95814.
The Departmental Quarantine Representative should supply any facts not furnished in the application which may aid the State and the USDA in evaluating the permit request.
The Departmental Quarantine Representative should not recommend approval of the permit application if the movement or subsequent use and handling of the plant pest or soil would present danger of disseminating a plant pest in California.
The Departmental Quarantine Representative shall take into consideration the following points when reviewing a permit application:
a. Are safeguards adequate to prevent plant pest dissemination?
b. Does the destructive potential of the plant pest, should it escape, outweigh the probable benefits to be derived from its proposed movement and use?
c. Has the applicant failed to maintain safeguards or observe conditions prescribed in a previously issued permit or failed to demonstrate ability or intent to observe such safeguards or conditions in the future?
d. Is the proposed pest movement or use adverse to the conduct of an eradication, suppression, control, or other regulatory program of the California Department of Food and Agriculture?
The Departmental Quarantine Representative should recommend in writing cancellation of any existing permit, which he/she originally approved, and destruction of pests authorized by the permit whenever:
a. Information is received subsequent to the issuance of the permit of circumstances which constitute cause for denial of a permit application as stated in paragraphs a, b, c and d above; or
CACASA Handbook 75 May, 2008 b. The permittee has not maintained the safeguards or observed the conditions specified in the permit or in any applicable regulation or administrative instruction.
8. Unsolicited Plant Pests and Soil. No exemptions are made in the Federal Plant Pest Act and regulations for plant pests and soil sent without the previous knowledge of the intended receiver. In most cases, unsolicited plant pests or soil samples are sent to specialists for identification or analysis. If the shipment is by mail or parcel post and is not conspicuously labeled as to contents, it may not be held by the carrier for agricultural inspection en route. It is important, therefore, that the county agricultural commissioners locate and maintain contact with all laboratories which may receive such material so that the receiver will report the arrival of unsolicited plant pests and soil to the commissioner.
A general continuing permit may be issued to a specialist or to a Departmental Quarantine Representative on behalf of staff members who expect to receive unsolicited material. If such a permit is issued, the specialist or the Departmental Quarantine Representative on behalf of the staff members shall agree to the following:
a. Maintain and submit a record to the County Agricultural Commissioner of the arrival of all plant pests and soil samples received without a specific permit obtained in advance.
b. Use precaution when opening any parcel which may contain a plant pest to prevent its escape.
c. Immediately report to the Pest Exclusion Unit of the California Department of Food and Agriculture and the County Agricultural Commissioner the identification of any highly injurious plant pests received which are not of common occurrence in the county.
d. Destroy all plant pests and soil samples after identification or laboratory tests, or apply for a specific permit if retention if the plant pest or soil is desired or if plant inoculation is required to make or verify pest identification.
9. Routing and Processing Permit Application Forms. USDA permit application forms (PPQ Form 526 for live plant pests and PPQ Form 525 for soil) will be furnished to Departmental Quarantine Representatives and to other persons on request to the California Department of Food and Agriculture, Pest Exclusion, Permits and Regulations, 1220 N Street, Sacramento, California 95814.
The applicant shall complete the appropriate portion of the application form. If the application is from staff at the University of California or State University and Colleges, it shall be signed by the Departmental Quarantine Representative. The application shall be forwarded to the Special Assistant, Permits and Regulations, Pest Exclusion, California Department of Food and Agriculture, 1220 N Street, Sacramento, California 95814, for evaluation and recommendations by pest specialists.
CACASA Handbook 76 May, 2008 If the plant pest is new to or of limited distribution in California or in the county of destination, or if special handling or other safeguard measures must be provided by the importer as a condition of receiving a pest organism or soil, the California Department of Food and Agriculture will consult the County Agricultural Commissioner for concurrence or assistance before making any recommendation concerning the application.
The State official portion of the application will be completed and the application forwarded to the USDA, APHIS, PPQ, in Hyattsville, Maryland. The permit, together with the appropriate labels, will be sent directly to the applicant by the USDA.
The USDA will mail a copy of the permit to the California Department of Food and Agriculture. A photocopy of the permit will be mailed to the County Agricultural Commissioner of the destination county of the plant pest or soil by the California Department of Food and Agriculture.
Telephone and telegraphic applications shall be confirmed as soon as possible on the appropriate application form and routed as indicated above.
/S/ , 11/20/84 California Department of Food and Agriculture
/S/ , 7/31/84 THE REGENTS OF THE UNIVERSITY OF CALIFORNIA
/S/ , 10/5/84 California State University and Colleges
/S/ , 4/9/84 USDA, Animal and Plant Health Inspection Services
/S/ , 5/26/83 California Agricultural Commissioners Association
Revised August 30, 1963 Amended May 23, 1975 Amended November 20, 1984
CACASA Handbook 77 May, 2008 MEMORANDUM OF UNDERSTANDING
California Department of Food and Agriculture and the California Agricultural Commissioners Association
Cooperative Participation in Phytosanitary Export Certification in California
The objective of this agreement is to provide for the cooperative participation between the California Department of Food and Agriculture and the California Agricultural Commissioners Association in phytosanitary export certification of domestic plants and plant products and to expand the system of issuance of Federal Phytosanitary Certification to include the issuance of such certificates at California interior points or origin.
To set forth the responsibilities and areas of cooperation, it is mutually agreed as follows:
A. The County Agrees:
1. To cooperate with the State in the inspection and certification of domestic plants and plant products for export. County Plant Quarantine Officers designated for such inspections shall be nominated by the County and certified by the State.
2. Nominees for designation as Federal Phytosanitary Officers under this agreement shall meet or exceed the basic requirements for such position; a bachelor's degree in the biological sciences, a minimum of two years' experience in phytosanitary inspection and certification, and two years' experience in recognizing and identifying domestic plant pests known to occur within California or generally throughout the United States. Six years experience obtained at any time may be substituted for the degree requirement.
3. Plant Quarantine Officers (Federal Phytosanitary Officers) authorized to issue Federal Phytosanitary Certificates under this Memorandum of Understanding shall participate in an orientation and training program conducted by the State.
4. Each county will designate a person(s) to be the control person, to coordinate the export certification activity between the County and State. The control person shall be responsible for the accuracy of certificates issued
B. The States Agrees:
1. To issue a letter of designation as a Federal Phytosanitary Officer to qualified Plant Quarantine Officers meeting the prescribed educational and experience
CACASA Handbook 78 May, 2008 requirements.
2. To conduct orientation and training programs for designated Federal Phytosanitary Officers.
3. To provide an adequate supply of Export Certification Manuals to each control person in the county office participating in this program.
C. It is Mutually Understood and Agreed:
1. Overall direction and control of this cooperative program will be maintained by the State. Designated Federal Phytosanitary Officers will remain administratively responsible to the governmental agency by which employed. The State shall be responsible for ensuring that inspection and certification is conducted in accordance with State regulations.
Responsibilities assumed by each of the cooperating parties are contingent upon funds being available to cover expenditures.
2. This Memorandum of Understanding defines the basis on which the parties voluntarily cooperate; and as such does not constitute a financial obligation to serve as a basis of expenditures. No charges will be made to shippers for Federal Phytosanitary Certificates; however, counties may establish a fee schedule and charge for any service, work, travel, overtime, or related service needed to issue a certificate.
This Memorandum of Understanding shall become effective upon the date of final signature and shall continue indefinitely. It may be modified by mutual agreement between the parties in writing and may be discontinued at the request of either party. Request for termination, or any major changes, shall be submitted to the other party for its consideration not less than 90 days prior to the effective or desired date.
(Replaces Original Document dated March 22, 1977.)
California Department of Food and Agriculture /S/ 3/24/83 Director Date
California Agricultural Commissioners Association
/S/ March 2, 1983 Executive Secretary Date
CACASA Handbook 79 May, 2008 MEMORANDUM OF UNDERSTANDING
California Department of Food and Agriculture and the California Agricultural Commissioners Association
Nursery Inspection and Nursery Pest Control Responsibilities
The California Department of Food and Agriculture shall:
1. Encourage the hiring of qualified county inspection personnel.
2. Assist with the training of county inspection personnel.
3. Issue procedural guidelines for proper nursery inspection.
4. Coordinate and supervise a uniform nursery inspection program.
5. Publish lists of pests classified as to their importance.
6. Develop better methods for the control of nursery pests.
7. Distribute information on improved pest control methods to nurserymen in cooperation with the Agricultural Commissioners.
8. Cooperate with commissioners to help locate serious pests which may require eradication and/or quarantine action.
9 Develop control and eradication procedures.
10. Develop a standard form for reporting.
The county Agricultural Commissioner shall:
1. Keep informed as to pest conditions in the nurseries in his county.
2. Perform such inspection as may be necessary to assure compliance with the laws, rules, and regulations pertaining to nursery stock.
3. Keep nurserymen advised as to recommended methods of pest control and nursery regulations.
4. Enforce cleanup in nurseries by abatement procedure when necessary and in compliance with methods and definitions established by the Department.
5. Maintain records and report the enforcement activities to the Director.
CACASA Handbook 80 May, 2008 6. Certify as to the pest condition of nursery stock when required for sale or shipment.
7. Establish and implement agreements with other Agricultural Commissioners pertaining to the movement of nursery stock within the state.
(Replaces CPS-N1 originally adopted in Sacramento, May 22, 1942; reaffirmed May 26, 1964; amended January 11, 1966; reaffirmed December 5, 1968. Edited and revised December, 1974. Amended and reaffirmed May 23, 1975.)
/S/ , May 23, 1975 (Executive Secretary) (Date)
Concurred in by the Director, California Department of Food and Agriculture:
/S/ , 7/11/75 (Director) (Date)
May 23, 1975
CACASA Handbook 81 May, 2008 MEMORANDUM OF UNDERSTANDING
California department of Food and Agriculture And the California Agricultural Commissioners and Sealers Association
State-County Nursery Inspection Program
Commissioners will maintain the same level of program commitment and inspection as specified in this Memorandum of Understanding
The CDFA will allocate $500,000 annually from the agricultural fund for disbursement to counties pursuant to nursery inspection contracts. In addition, any disencumbered funds from the prior fiscal year nursery contracts will be added to the annual allocation for disbursement to counties. CACASA and the department will review the existing standards and priorities for appropriate modification should the funding available in the nursery agricultural fund change significantly.
The CDFA and Commissioners will fulfill their respective responsibilities as previously agreed in the Memorandum of understanding regarding “Nursery Inspection and Nursery Pest Control Responsibilities” dated July 11, 1975.
STANDARDS – The counties will:
1. Inspect all nursery stock at all produce/wholesale locations within the county as follows:
a. At least annually; or b. Every two years if nursery fits criteria for variable frequency inspection and county submits written request for a contract with variable frequency inspection.
2. Ensure compliance with pest cleanliness standards as follows: a. Permit no more than five percent (5%) of nursery stock offered for sale to be infested with pests of economic importance and of general distribution in California. b. Permit no more than one percent (1%) of nursery stock offered for sale to be infested with pests of limited distribution, including pests of major economic importance which are widely, but not generally distributed in California. c. Permit no nursery stock to be offered for sale that is infested with a pest not known to occur or not known to be established in California.
3. Investigate all complaints and take appropriate enforcement action regarding nursery products sold within the county; and
4. Enforce nursery stock licensing requirement for all new nursery operations within the county.
CACASA Handbook 82 May, 2008 California County Agricultural Commissioners California Department of Food And Sealers Association Agriculture
______Ed Meyer, President Dennis Mayhow, PhD, Acting Director
______
Cato Fiksdal, President Elect Tad Bell, Undersecretary
CACASA Handbook 83 May, 2008 MEMORANDUM OF UNDERSTANDING
Reissued 9/29/99 California Department of Food and Agriculture and the California Agricultural Commissioners Association
Compilation of Agricultural Statistics
The functions and responsibilities of the California Department of Food and Agriculture shall include the following:
1. To promote uniformity in all phases of county crop reporting so that the annual reports submitted to the Director will be comparable.
2. To provide technical advice and assistance in matters concerning:
a. Data collection.
b. Statistical methods and their application to the county's program.
c. Reduction of duplication of effort.
3. To provide procedural manuals outlining the recommended methods for uniform data collection and compilation of annual crop reports.
4. To provide counties with commodity data that becomes available through State statistical programs.
5. To consult with Agricultural Commissioners on mutual problems.
6. To review annual crop reports for mathematical accuracy and inform the county when errors or inconsistencies occur.
7. To publish summaries of county crop report data.
8. To honor the confidentiality of county data provided by the county for special purposes.
9. To promote the maximum use of the published county data among the State's Agencies, private individuals, and business organizations.
The functions and responsibilities of the County Departments of Agriculture shall include the following:
1. To collect and prepare the basic annual crop report data in a manner that will provide the most reliable estimates of acreage, yield, production and value.
CACASA Handbook 84 May, 2008 2. To present the material to the Director in a uniform manner so that reports are comparable and will be of maximum value to him.
3. To consult with Department representatives on problems concerning data collection and statistical methods of compilation.
4. To maintain confidentiality of basic data obtained from individuals and firms providing such data.
5. To mathematically review data before publication.
(Replaces CPS-AS1 originally adopted in Sacramento, January 11, 1956; reaffirmed December 5, 1968. Edited and revised December, 1974 Reaffirmed May 23, 1975.)
/S/ , May 23, 1975 (Executive Secretary) (Date)
Concurred in by the Director, California Department of Food and Agriculture:
/S/ , 7/11/75 (Director) (Date)
CACASA Handbook 85 May, 2008 MEMORANDUM OF UNDERSTANDING
California Department of Food and Agriculture and the California Agricultural Commissioners & Sealers Association
Fruit and Vegetable Standardization and Shipping Point Inspection
It is our objective to increase the confidence level in the quality of inspection and certification. Accomplishing this goal will materially aid the agricultural industry in the orderly marketing of their products and increase consumer protection.
1. Uniformity of enforcement between counties and between counties and agencies is essential and can be obtained only through exercise of competent supervision and direction from one authoritative source and through effective execution of directives.
2. It is the Director's responsibility to supervise the Agricultural Commissioners in order to achieve fair, effective, uniform enforcement. It is the responsibility of the Agricultural Commissioners to fairly, effectively, and uniformly enforce all Fruit and Vegetable Quality Standards.
3. The Director and Commissioners agree that it shall be their responsibility to develop and maintain the highest respect for those lots of produce certified by County or State agencies as meeting State minimum standards.
4. Any breakdown in the enforcement or certification program is a serious reflection upon county and State Agency personnel. To further improve the California inspection program, Shipping Point Inspection and County enforcement personnel shall work closely in a cooperative manner for the betterment of the industry and the consuming public. Shipping Point Inspection personnel shall notify the Commissioner when lots being certified fail to meet California minimum requirements.
5. Working agreements between County and Shipping Point Inspection personnel may be made authorizing Shipping Point Inspection to cooperate with the County in designated portions of the enforcement program.
6. In those rare instances where County or State-Federal certified lots are found below State minimum standards by County personnel, other than at origin, State Fruit and Vegetable Standardization shall perform an appeals inspection before the lot is rejected, In those cases at origin where Shipping Point Inspection is involved, supervisory shipping Point Inspection and supervisory County personnel shall jointly perform an appeals inspection. State Fruit and Vegetable Quality Control shall take corrective action with the agency that performed the certification.
CACASA Handbook 86 May, 2008 7. Whenever possible, and when it's to the benefit of the producer and consumer, State minimum standards and Federal grades shall be aligned.
8. The Department shall expand in the in-service training programs for County personnel and institute training programs between County and Shipping Point Inspection personnel in order to promote better understanding between parties.
9. Should there develop problems of area-wide significance in the enforcement or certification program, the California Agricultural Commissioners and Sealers Association shall be an active part in the resolution of the problems,
10. This Memorandum of Understanding supersedes all documents now in existence which address themselves to this subject and shall be reviewed annually.
(Replaces CPS-S1 originally adopted by the California Agricultural Commissioners Association at Santa Barbara, May, 1939, Amended at Sacramento, December 6, 1944, Reaffirmed at Commissioners meeting, Mount Shasta City, May 24, 1962. Amended at Stockton, May 24, 1968; reaffirmed December 5, 1968; amended December 3, 1970, Completely revised and adopted by the California Agricultural Commissioners Association at Sacramento, November 20, 1974. Reaffirmed May 23,, 1975, May 26, 1978. Reaffirmed by the California Agricultural Commissioners and Sealers Association on March 29, 1991.
/S/ , May 31, 1991 John Falkenstron, Executive Secretary CACASA Date
Concurred in by the Director, Department of Food and Agriculture:
/S/ , 6/3/91 Henry J. Voss, Director - CDFA Date
CACASA Handbook 87 May, 2008 MEMORANDUM OF UNDERSTANDING
California Department of Food and Agriculture California Department of Fish and Game and the California Department of Health
Importation and Retention of Restricted and Prohibited Animals for Scientific Research
The purpose of this Memorandum of Understanding is to provide a working agreement for the enforcement of Section 671, Title 14, California Administrative Code and Title 17, Group 5, California Administrative Code, involving importation and retention of restricted and prohibited animals for scientific research.
I. Whenever a college, university, or government agency applies to the Department of Fish and Game for a permit to import species restricted or prohibited by Section 671, Title 14, California Administrative Code, the application will be referred to the Department of Health for investigation and recommendation.
A. The Department of Health will determine:
1. That the project is important to the advancement of science for the benefit of public health.
2. That no other less hazardous species may be used for the project.
3. That success of the project involves examination of progeny, ecessitating maintenance of a breeding colony.
4. That the applicant is a member of the staff of the University or College, or a project leader of the government research agency conducting the project, and that the applicant has complete jurisdiction over the care and disposition of the animal species concerned in this agreement.
5. That the applicant has adequate facilities to prevent escape of the species.
II. The applicant shall agree to the following rules:
A. The applicant will maintain a current permit to keep and use laboratory animals, under Chapter 5, California Health and Safety Code.
B. Conditions of the permit shall include the following:
1. The species shall be maintained in a rodent and fly-proof room.
2. The room shall have an air-lock type double door.
CACASA Handbook 88 May, 2008 3. Entrance to the room shall be restricted to the responsible individual as defined in Section 1151 (c), Title 17, California Administrative Code, or his authorized representative.
4. Under no circumstances will any living specimen be removed from the room.
5. A breeding colony shall at all times be limited to the minimum number required to meet immediate needs.
6. Adequate precautions shall be taken at all times to prevent escape.
7. A monthly census as to use, mortality and birth rate shall be forwarded to the Department of Health.
8. The quarters shall be inspected by representatives of the Department of Health prior to and during the use of the species.
III. Revocation of Permits and License.
Violation of the above rules (B) shall result in the revocation of the use permit issued under Section 671, Title 14, and the use permit and/or license issued under Group 5, Title 17, California
Administrative Code. The latter revocation will be based on violation of Section 1151 (e) and (f), and Section 1154, Title 17, California Administrative Code.
IV. Applicant must furnish scientific need.
Applications to the Department of Fish and Game for a permit to import and retain restricted or prohibited species shall contain scientific evidence of the need.
V. Institutional Approval.
Each application shall be approved by the head of the institution or branch or by the person designated by him at that location who shall be responsible for approval of all applications from said institution or branch and conformance with the rules and regulations.
VI. Communications.
Copies of all correspondence relative to use of restricted or prohibited species in research institutions by any signatory of this agreement will be sent to all signatories.
CACASA Handbook 89 May, 2008 /S/ CHARLES PAUL Director, Department of Food and Agriculture
/S/ W. H. SHANNON Director, Department of Fish and Game
/S/ MALCOLM W. MERRILL Director, Department of Health
December 16, 1964 Date
CACASA Handbook 90 May, 2008 MEMORANDUM OF UNDERSTANDING
California Department of Food and Agriculture and the California Agricultural Commissioners and Sealers Association
Control of Injurious Field Rodents
Crop damage by wildlife places a responsibility upon public agencies. These include the U.S. Department of Agriculture, Animal Plant Health Inspection Service, Animal Damage Control, the California Department of Fish and Game, the California Department of Food and Agriculture and the County Agricultural commissioners. The California Department of Food and Agriculture and the County Agricultural Commissioners who are involved in such activities are charged with certain regulatory duties in agricultural pest control. In field rodent control these duties and requirements for voluntary participation include:
A. To provide information, methods and assistance in methods and procedures for preventing loss or damage to crops, pastures, landscape, and irrigation structures. Under consultation and agreement provide assistance in controlling rodents in order to prevent crop damage. Counties may charge for this service.
B. To apply control measures in areas designated by the Department of Health Services as reservoirs of rodent-borne diseases transmissible to man in accordance with Section 482 and 6021 to 6024 of the California Food and Agricultural Code.
Commissioners involved in this activity carry responsibility for the duty of providing reasonable means of relief from damage with the least harm to non-offending species. The primary obligations of agencies engaged in the control of injurious field rodents are conservation, crop protection, preservation of the public welfare and our efforts are directed toward these ends.
Field rodent control procedures in order to be effective and justifiable, require definite policies and methods and strict adherence to these.
The following are the agreed upon policies and responsibilities of the California Department of Food and Agriculture and the County Departments of Agriculture when conducting field rodent control activities.
1. All rodenticides employing the use of cereal grains intended for exposure either above or below ground are to be dyed in accordance with departmental recommendations.
2. Cereal grains of size or kind that are readily taken by birds are not to be used if another satisfactory grain is obtainable.
CACASA Handbook 91 May, 2008 3. Determination of Acceptability of both untreated and treated grains shall be made prior to beginning control programs supervised by state or county personnel.
4. Field inspections should be made frequently to determine that control efficiency is maintained and that neither under baiting nor excessive over baiting will occur.
5. Where storage and handling requirements are specifically set forth by Department of Pesticide Regulation, such requirements shall be followed.
6. All other rodenticides, including fumigants, shall be handled in such a manner as to provide the greatest possible safety to persons, livestock, game animals and threatened or endangered species.
7. Prior to conducting any control measures an evaluation must first be conducted so as to identify any potential hazards to endangered or threatened species and appropriate mitigation measures shall be taken to prevent undue damage to such species.
8. Any known injury caused by control methods to persons, livestock, or wildlife, shall be reported to the Director immediately.
Replaces CPS-VI originally adopted in Pasadena, May 15, 1964, and reaffirmed December 6, 1968. Edited and revised December, 1974. Amended and reaffirmed May 23, 1975. Amended and reaffirmed May 17, 1983. Edited and revised January 1995.
CACASA Handbook 92 May, 2008 MEMORANDUM OF UNDERSTANDING California Department of Food and Agriculture and the California Agricultural Commissioners Association
Control of Injurious Bird Species
Crop damage by wildlife places a responsibility upon public, agencies. These include the U.S. Bureau of Sport Fisheries and Wildlife, the California Department of Fish and Game, the California Department of Food and Agriculture, and the County Agricultural Commissioners. The California Department of Food and Agriculture and the County Agricultural Commissioners are charged with certain regulatory duties in agricultural pest control. This responsibility carries with it the duty of providing reasonable means for relief from damage caused by depredating birds and with the least harm to non- offending species. Bird depredations are usually localized and for that reason widespread campaigns to relieve damage are not undertaken but the relief sought is confined to the area involved. The primary obligations of official agencies engaged in control of injurious bird species are: conservation, crop protection and the preservation of public welfare. Our efforts are directed toward these ends.
Bird control procedures, in order to be effective and justifiable, require definite policies and methods and strict adherence to these. The following are the responsibilities of the California Department of Food and Agriculture and the County Agricultural Commissioners.
1. Actual damage or a definite threat of damage to crops must be determined by investigation, and a survey and decision made that the damage is or is likely to be sufficiently extensive to warrant more drastic steps than deterrent or repellent methods commonly available.
2. Agricultural regulatory agencies will participate in control of birds with treated bait materials only if such control can be conducted under the supervision of a Department field representative or the Agricultural Commissioner.
3. There shall be adherence to officially recognized methods and techniques and there shall be follow-up observations of the treatments made.
4. Records shall be kept of the work done and a summary thereof included in the annual report filed with the Director of the California Department of Food and Agriculture.
5. County Agricultural Commissioners shall report to the Secretary of the Interior as required by Section 21.44, Part 21, Subpart D, Chapter 1, Title 50, of the Code of Federal Regulations.
6. The control of crop depredating birds with the use of toxic baits shall not be done except where the Agricultural Commissioner determined that such toxic bait may be used safely.
CACASA Handbook 93 May, 2008 7. There shall be adherence to laws and regulations governing protected and migratory bird species.
8. Any known injury caused by control methods to persons, livestock, or wildlife shall be reported to the Director immediately.
A six-year study of bird control methods under field conditions was made from 1929 to 1935 by S. E. Piper and Johnson A. Neff of the U. S. Fish and Wildlife Service. Their recommendations entitled, "Procedures and Methods for Controlling Birds Injurious to Crops in California" consist of: (1) General Procedure; (2) Control Methods; and (3) Bait Formulas. These were issued only to County Agricultural commissioners.
The following instruction is noted in that portion devoted to "General Procedure":
"Upon receipt of a report of damage to crops by birds by the County Agricultural Commissioner's office, an inspection should be made of the premises involved. In no official agency is the killing of birds under its jurisdiction permitted without such inspection. Regulations 1/ under the Federal migratory Bird Treaty Act specifically provide for investigation of requests for permission to kill any bird protected under this treaty."
The same general provision is found in the California Fish and Game Code relative to permission to protect property against depredations.2/
1/ See Sections 21.41, 21.42, 21.43 and 21.44 of Part 21, Subpart D. Chap. 1 of Title 50 - Wildlife of the Code of Federal Regulations.
2/ Applicable Fish and Game Code Sections are 2000, 3005, 3511, 3513, 3800, 3801, and 3801.5.
Replaces CPS-V2 originally adopted in Pasadena, May 15, 1964; reaffirmed December 5, 1968. Edited and revised December, 1974. Amended and reaffirmed May 23, 1975. Amended and reaffirmed May 17, 1983. Edited and revised January 1995.
/S/ 8/25/83 (Executive Secretary) (Date)
Concurred in by the Director California Department of Food and Agriculture:
/S/ 8/25/83 (Director) (Date) May 17, 1983
CACASA Handbook 94 May, 2008 Rare and Endangered Species JOINT POLICY STATEMENT of the California Department of Food and Agriculture, California Department of Fish and Game, and the California Agricultural Commissioners Association Regarding Rare or Endangered Species
The California Department of Food and Agriculture, California Department of Fish and Game, and the California Agricultural Commissioners Association realize that there may be hazards with certain applications of toxicants for the control of vertebrate pest animals in specific areas identified by the Department of Fish and Game inhabited by rare or endangered species of mammals, birds, amphibians, reptiles and fish. It is the purpose of this document to state the policy that will be followed by the California Departments of Food and Agriculture and Fish and Game, and the California Agricultural Commissioners Association to eliminate or mitigate these hazards while recognizing the need to preserve our food supply.
Each county or state's proposed vertebrate pest animal control program within the range of rare or endangered animal species shall be reviewed annually by the Department of Fish and Game to ascertain the actual threat to any of these species. Annual programs shall be provided to Pesticides Investigations, Department of Fish and Game, Field Station, no later than February 1 of the program year. The Department of Fish and Game will acknowledge the receipt of each program submitted.
Problems for rare or endangered species associated with vertebrate pest animal damage control programs will be identified by the California Department of Fish and Game and transmitted to the California Department of Food and Agriculture and the agricultural commissioner of the affected county.
Any problem that cannot be resolved shall immediately be referred to the highest level of authority needed for resolution.
This policy statement will be reviewed annually and at any other time a problem is identified by a party of the agreement.
Adopted by the California Agricultural Commissioners Association
______Executive Secretary Date
Concurred in by the Director, California Department of Food & Agriculture
______Date
CACASA Handbook 95 May, 2008 Concurred in by the Director, California Department of Fish and Game:
______Date
Reissued – May 25, 1984
May 25, 1984
CACASA Handbook 96 May, 2008 Aleutian Canadian Goose* JOINT POLICY STATEMENT of the California Department of Food and Agriculture California Department of Fish and Game and the California Agricultural Commissioners Association Regarding Threatened and Endangered Species
The California Department of Food and Agriculture, California Department of Fish and Game, and the California Agricultural Commissioners Association realize that there may be hazards with certain applications of toxicants for the control of vertebrate pest animals in specific areas identified by the Department of Fish and Game inhabited by the Aleutian Canada goose. It is the purpose of this document to state the policy that will be followed by the California Departments of Food and Agriculture and Fish and Game, and the California Agricultural Commissioners Association to eliminate or mitigate these hazards during vertebrate pest control activities.
"The use of toxic baits for rodent or bird control during the months of October through April may pose a hazard to the migratory Aleutian Canada goose known to be found in the following counties: Butte, Colusa, Contra Costa, Del Norte, Glenn, Humboldt, Merced, San Joaquin, Solano, Stanislaus, Sutter and Yolo. Baits may not be used in areas where adverse impact on the Aleutian Canada goose is likely. Prior to making applications, the user of toxic baits must contact either the regional U.S. Fish and Wildlife Service office (Endangered Species Specialist) or personnel of the California Department of Fish and Game Investigations Unit. Restrictions on application times and methods may be necessary in marshlands, levees and dikes, grain pasture, alfalfa and other herbaceous crops, on a case by case basis. Use may further be restricted to hand baiting during September in northern counties. Follow-up surveys and bait removal may be required."
*The Environmental Protection Agency has requested a Joint Policy Statement concerning vertebrate pest control operations within the range of the Aleutian Canada goose.
This policy statement will be reviewed annually and at any other time a problem is identified by a party of the agreement.
Adopted by the California Agricultural Commissioners Association:
/S/ 3-3-87 Executive Secretary (Date)
CACASA Handbook 97 May, 2008 Concurred in by the Director, California Department of Food and Agriculture:
/S/ 3-9-87 (Date)
Concurred in by the Director, California Department of Fish and Game:
/S/ 4-17-87 (Date)
CACASA Handbook 98 May, 2008 MEMORANDUM OF UNDERSTANDING CALIFORNIA AGRICULTURAL COMMISSIONERS ASSOCIATION CALIFORNIA DEPARTMENT OF FOOD AND AGRICULTURE AND THE CALIFORNIA DEPARTMENT OF HEALTH REGARDING
Pesticide Use in Public Health Vector Control
The California Department of Food & Agriculture is the primary state agency responsible for pesticide regulation pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act, as amended, and the statutes of the State of California. It registers pesticides, and in cooperation with County Agricultural Commissioners and other agencies, conducts a comprehensive regulatory program to assure that pesticides are used safely and legally.
The California Department of Health, through its Vector & Waste Management Section, provides technical guidance and program support to the State's local vector control agencies in protecting public health. Such guidance and support includes oversight on the use of pesticides and other vector control techniques. By means of a cooperative agreement (pursuant to Health & Safety Code Sec. 2426) local agencies voluntarily formalize this relationship. Sec. 11408, Food & Agriculture Code, exempts from the definition of agricultural use, pesticides applied by agencies signatory to the cooperative agreement. The Department of Food & Agriculture has during recent years granted to signatory agencies exemptions from several pesticide use regulations.
This Memorandum of Understanding is to clarify the roles, relationships, and responsibilities of the Department of Food & Agriculture, the County Agricultural Commissioners, and the Department of Health in achieving safe and effective use of pesticides in local governmental programs designed to protect the public health from disease-transmitting, injurious and discomforting insects and other organisms. This agreement does not commit any interagency funding.
The Department of Health agrees:
1. To identify discrepancies between pesticide labeling and the intended and needed use of pesticides in public health pest (vector) control and to seek legal clearances to meet these needs.
2. To determine that signatory agencies maintain records showing that pesticide application equipment is correctly calibrated. To cooperate in developing pesticide labeling which meets the needs of public health pest control programs.
3. To determine that signatory agencies maintain adequate records of application.
4. To forward to the Department of Food & Agriculture monthly pesticide use reports received from signatory agencies.
CACASA Handbook 99 May, 2008 The Department of Food & Agriculture and the County Agricultural Commissioners agree:
1. To notify the Department of Health of any actual or alleged violations of pesticide laws or regulation by signatory agencies.
2. To consider the needs of public health pest (vector) control programs in regulations development and amendment, and (where appropriate within the limits of statute) to exempt signatory agencies from regulation provisions which would otherwise hinder rather than enhance public health protection.
The Department of Food & Agriculture, the County Agricultural Commissioners, and the Department of Health mutually agree:
1. To cooperate in developing pesticide labeling which meets the needs of public health pest control programs.
2. To cooperate in achieving compliance with legal requirements relating to pesticide use by signatory agencies.
/S/ Date 5-22-78 Richard E. Rominger, Director California Department of Food & Agriculture
/S/ Date 5-21-78 Thomas E. Corn, President California Agricultural Commissioners Association
/S/ Date 5-11-78 Edwin W. Beach, Director California Department of Health
CACASA Handbook 100 May, 2008 CDFA Public Information Protocol for Emergency Pest Eradication Projects, in Compliance with the Statutory Requirements of AB 3886 and AB 3989
When an emergency pest eradication project using aerial application of pesticide occurs in an urban area, the following procedure will be followed To provide health effects information.
A. Telephone Hotline
Telephone hotline will be established by CDFA to provide local residents with information. Two separate lines will be installed; one to answer general project questions, and the other to respond to health-related questions. The health related questions will be answered by the local county health department. Additional expenses resulting from this activity will be reimbursed by CDFA. This telephone system will be arranged early enough so that phone numbers can be included in written notification to residents and can also be made available to the public through inclusion in the news release announcing the eradication program.
Binders containing answers to most-frequently asked questions related To health concerns will be developed by CDFA in consultation with the State Department of Health Services (DHS). These binders will be used by persons answering health-related telephone hotline.
B. Written Notification
1. Area Residents
Written notification in the form of a flyer will be hand-delivered by CDFA or its cooperators to each residential unit in the treatment area at least 72 hours before the first pesticide application begins, or, in a declared emergency situation, at least 24 hours before treatment.
If hand-delivery of this notice is not possible, notification may be made by first-class mail as long as it is delivered 72 hours (or in the case of emergencies 24 hours) in advance of treatment.
The written notification shall contain the following information:
The date and time of all scheduled pesticide applications in the eradication area.
The pesticide to be applied.
Any health, safety, or other precautions that should be taken by residents of the eradication area.
CACASA Handbook 101 May, 2008 A telephone number and address of local health authorities who are familiar with the eradication program. DHS will issue information to health officers in affected areas.
In cases where over 5 percent of the residents of a treatment area are Spanish- speaking, written notification shall be printed in both English and Spanish.
2. Area Physicians
CDFA and DHS will meet with local health authorities to develop a plan to inform area physicians, clinics, hospitals, and emergency rooms of possible public health concerns. A toxic profile of each pesticide to be used will be prepared for distribution to the medical community.
Physicians practicing within the eradication area will be notified about the eradication project and health-related issues via first-class mail, regardless of whether their practice is located within any treatment zone. Physician notifications will include a description of the project, toxic profile of each pesticide to be used, and where to obtain further toxicological or other health-related information. Preferably this notification will be made in conjunction with the local medical society and the local county health department.
D. Notice of Application Schedule Changes
If an emergency or weather-related problem causes a change in the application schedule, CDFA Information Officers will apprise all local broadcast media of the change, so that residents will be kept informed.
If the change is due to reasons other than an emergency or weather-related problem, revised written notices will be distributed.
/S/ 2/20/85 California Department of Food and Agriculture Date
/S/ 2/26/85 California Department of Health Services Date
CACASA Handbook 102 May, 2008 MEMORANDUM OF UNDERSTANDING BETWEEN THE DEPARTMENT OF FISH AND GAME, THE DEPARTMENT OF PESTICIDE REGULATION. AND THE CALIFORNIA AGRICULTURAL COMMISSIONERS AND SEALERS ASSOCIATION Ensure that Pesticides registered in California are used in a manner that protects non- target fish and wildlife resources BACKGROUND The Department of Fish and Game (DFG), the Department of Pesticide Regulation (DPR), and the County Agricultural Commissioners (CAC.s) have responsibilities relating to the protection of fish and wildlife resources and the protection of the environment from the potentially adverse effects of pesticides. The three parties believe that the State will benefit by a unified and cooperative program to assure the protection of fish and wildlife and the environment related to the use of pesticides. The purpose of this Memorandum of Understanding (MOU) between DFG, DPR, and the California Agricultural Commissioners and Sealers Association (CACASA) is to ensure that pesticides registered in California are used in a manner that protects non- target fish and wildlife resources while recognizing the need for pest control. SCOPE This MOU is intended to assure that the respective authorities of DFG, DPR, and CACs relative to the protection of fish and wildlife resources from the potential adverse impacts of pesticides will be exercised in a coordinated and cohesive manner designed to eliminate overlap of activities, duplication of effort and inconsistency of action to the benefit of the public, regulated industry. DFG. DPR, and CACs. To that end, this MOU establishes principles of agreement regarding activities of the signatory parties, identifies primary areas of responsibility and authority between the departments, provides methods and mechanisms necessary to assure ongoing coordination of activities relative to such purposes, and outlines a process for the resolution of interagency conflicts. This MOU also describes how the agencies will work cooperatively to achieve the goals of the respective departments. STATUTORY AUTHORITIES The DFG is the lead agency for protecting, conserving, and perpetuating fish and wildlife resources in California. The DFG manages all fish, wildlife, and plant resources and the habitats upon which they depend for their ecological values and their use and enjoyment by the public. Sections 1301, 1600, 1700, 1 02. 1900, and 2701 of the Fish and Game Code (FGC) list specific authorities and policies associated with the management of fish and wildlife resources in California by DFG, including threatened and endangered species of fish, wildlife, and plants. DPR is the lead agency for pesticide regulatory in California. The Food and Agricultural Code (FAC), as amended by the 1991 .Governors Reorganization Plan No 1. charges DPR with the responsibility of regulating pesticides for the protection of public health and the environment.
CACASA Handbook 103 May, 2008 Divisions 6 and 7 of FAC are the statutory authority for regulating the registration, sale, and use of pesticides. The Director of DPR is responsible for enforcing Division 6 and specific portions of 7, and the regulations which are issued pursuant to them. FAC Section 11501 states that one of the purposes of Division 6 (Pest Control Operation) and Chapters 1-3.5 of Division 7 (Agricultural Chemicals) is to protect the environment from harmful pesticides by prohibiting, regulating, or controlling their uses. Section 14102 FAC requires that the Director consider the effect of all pesticides upon the environment and take whatever steps are deemed necessary to protect the environment. Section 14103 FAC states that in establishing criteria or regulations relating to environmental injury and protection the Director shall consult with representatives from several agencies, including DFU for fish and wildlife resources. The local administration of DPR’s pesticide regulatory program is the responsibility of the CACs with coordination and training provided by DPR. The CACs enforce pesticide laws and regulations and evaluate permit requests for the use of restricted pesticides. In addition, the CACs monitor and inspect pesticide handling and use operations, investigate suspected pesticide misuse, and take enforcement action against violators. PRINCIPLES OF AGREEMENT The DFG. DPR, and the CACASA agree that the use of certain pesticides may present a hazard to non-target fish and wildlife resources. In order to provide for better protection of fish and wildlife resources, DFG, DPR, and the CACASA mutually agree to: 1. Implement a formal notification system of pesticide incident monitoring to ensure mutual awareness of injuries and deaths on non-target fish arid wildlife resources attributable to pesticides and suspected violations of pesticide laws and regulations. Establish formal procedures for coordinating investigations of incidents involving the injury or death of non-target fish and wildlife resources. Coordinate enforcement actions when violations are found. Coordinate any laboratory analyses necessary for the investigation of injuries or deaths of non-target fish and wildlife resources. 2. Promote both technical and policy consultations concerning fish and wildlife , such as the Pesticide Advisory Committee, the Pesticide Registration and Evaluation Committee, the Endangered Species Advisory Group, and meetings. as well as through informal staff exchanges of information. The agencies will provide technical assistance to each other upon request. Share information on pesticide formulations and environmental fate and toxicity of pesticide active ingredients, inert ingredients and breakdown products. A. A procedure will be established under which DPR will notify DFG of applications or registration of new products and notices of proposed and final registration decisions. A procedure will be established under which DPR will provide DF’G with access to data and information on file with DPR. Procedures will be established to protect proprietary information. B. A procedure will be established under which DFG will provide DPR with any information they receive or develop on potential adverse effects of pesticides proposed for registration or currently registered pesticides. DPR will review any such information and respond appropriately as outlined in FAC Sections 12825
CACASA Handbook 104 May, 2008 and 12826, and in CCR Title 3 Sections 6220 and 6221. 3. For purposes of enforcing FGC Section 5650, the USC of an economic poison, as defined, in FAC Section 12753, will not be considered a substance or material deleterious to fish, plant life, or bird life provided that the pesticide is used in full compliance with the label and any requirements established by the DPR or a CAC in the county where the application occurred. 4. DPR, in consultation with the Pesticide Investigations Unit of DFG, will: A. Identify and regulate the use of economic poisons which may prove eleterious to non-target fish, plant life, or bird life when applied near or into waters of this state B. Identify mitigation measures for pesticide uses which are found to be eleterious to non-target fish and wildlife resources which will be published and distributed to the CACs as best management practices (BMP) or incorporated into regulation; and C. Review any significant losses or detrimental effects to non-target fish and wildlife resources which may still arise from the use of these economic poisons and revise the mitigation program as necessary. 5. Develop an implementation plan to describe in detail procedures to implement specific sections of this MOU. DISPUTE AND CONFLICT RESOLUTION It is the desire of the parties to establish a speedy, efficient, and informal method for the resolution of interagency conflicts. Conflicts between DFG. DFR, and CACs which cannot otherwise be informally resolved will be referred to the Director of DFG, the Director of DPR, and the president of the CACASA. To assist the parties in resolving conflicts, one staff person will be appointed each by the Director of DFG, the Director of DPR and the president of CACASA representing the interests of the signatories of this MOU. This MOU shall become effective upon the date of final signature and shall continue in effect until modified by the mutual v consent of the parties or until terminated by any party upon a 30-day advance written notice to the other parties.
DEPARTMENT OF FISH AND GAME
Original Signed by Mr. Boyd Gibbons 12/21/94 Mr. Boyd Gibbons, Director Date
CACASA Handbook 105 May, 2008 DEPARTMENT OF PESTICIDE REGULATION
Original Signed by Mr. James W Wells 12/9/94 Mr. James W. Wells, Director Date
CALIFORNIA AGRICULTURAL COMMISSIONERS AND SEALERS ASSOCIATION
Original Signed by Mr. Gerald A. Benincasa 1/26/95 Mr. Gerald A. Benincasa, President Date
CACASA Handbook 106 May, 2008 COOPERATIVE AGREEMENT BETWEEN CALIFORNIA DEPARTMENT OF FISH AND GAME CALIFORNIA DEPARTMENT OF FOOD AND AGRICULTURE AND CALIFORNIA AGRICULTURAL COMMISSIONERS ASSOCIATION
Notification Procedure Between the Department of Food and Agriculture and the Department of Fish and Game Concerning Fish and Wildlife Losses Suspected from Use of Pesticides or Other Agricultural Chemicals
A. PROCEDURE TO BE FOLLOWED BY DEPARTMENT OF FISH AND GAME FOR THE INITIAL REPORT OF LOSS .
Telephone report:
The warden (or other employee) will notify his Regional Office who in turn will notify Department of Fish and Game, Pesticide Investigations Unit in Rancho Cordova and the County Agricultural Commissioner where the loss was found. Department of Fish and Game, Pesticide Investigations Unit will notify the Department of Food and Agriculture, Pesticide Enforcement.
Written report:
The warden's "Initial Fish and Wildlife Loss Report" is sent to the Regional Office who in turn forwards a copy to Fish and Game Pesticide Investigations Unit. The Unit forwards a copy to the Department of Food and Agriculture, Pesticide Enforcement and a copy to the County Agricultural Commissioner.
B. PROCEDURE TO BE FOLLOWED BY THE DEPARTMENT OF FOOD AND AGRICULTURE FOR THE INITIAL REPORT OF LOSS.
Telephone report:
The County Agricultural Commissioner (or Department of Food and Agriculture employee) will notify the Fish and Game Regional Office and the Department of Food and Agriculture, Pesticide Enforcement. The Fish and Game Regional Office will notify the warden or other appropriate fish and wildlife personnel and the Department of Fish and Game, Pesticide Investigations Unit. Pesticide Enforcement will also notify Pesticide Investigations Unit.
Written report:
The County Agricultural Commissioner will forward a written report to the Department of Fish and Game, Pesticide Investigations Unit and to the Department of Food and Agriculture, Pesticide Enforcement.
CACASA Handbook 107 May, 2008 Wherever possible, representatives of both Departments cooperatively work on investigating the loss and keeping each other notified of information obtained and divulged. A final summary report is to be prepared by the Department of Fish and Game, Pesticide Investigations Unit in consultation with the Department of Food and Agriculture, Pesticide Enforcement.
/S/ DATE 1-24-84 Howard D. Carper, Director Department of Fish and Game
/S/ DATE 2/9/84 Clare Berryhill, Director Department of Food and Agriculture
DATE 3-7-84 Donald O. Cripe, President California Agricultural Commissioners Association
CACASA Handbook 108 May, 2008 Enforcement Action in the State of California
COOPERATIVE AGREEMENT BETWEEN THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, REGION IX, THE CALIFORNIA& DEPARTMENT OF PESTICIDE REGULATION, AND THE CALIFORNTA AGRICULTURAL COMMISSIONERS AND SEALERS ASSOCIATION
The U. S. Environmental Protection Agency, Region IX, Pesticide Office (hereinafter U.S. EPA), The California Environmental Protection Agency, Department of Pesticide Regulation (hereinafter DPR), and The California Agricultural Commissioners and Sealers Association (hereinafter CACASA), in order to ensure a unified and coordinated program of pesticide episode reporting, investigation, and enforcement action in the State of California, hereby enter into this cooperative agreement.
I. DEFINITIONS
A. “Episode” means any event, which appears to involve a violation of the pesticide use provisions of the Federal Insecticide, Fungicide, and Rodenticide Act (hereinafter FIFRA), or potential or actual illness, damage, harm, loss, or contamination where there is a reasonable possibility that the event could have resulted from the use or presence of a pesticide.
B. “Priority Investigation’ means the investigation of an episode that appears to meet one or more of the effects criteria listed in Appendix A of this agreement.
II. LEGAL AUTHORITY
A. U.S. EPA is responsible for administering and enforcing FIFRA, as amended (7 U. S. C. Section 136 et seq.)
FIFRA section 26 specifies that for the purposes of this Act, a State shall have primary enforcement responsibility for pesticide use violations (primacy) when the State has adopted and is implementing adequate use regulations or has entered into a cooperative agreement with U.S. EPA specific to pesticide enforcement.
FIFRA section 27 addresses failure of a State to assume enforcement of State pesticide regulations and authorizes U.S. EPA to override or rescind a grant of primacy in certain situations.
CACASA Handbook 109 May, 2008 Appendix B, the Section 26/27 Final Interpretive Rule (published in the Federal Register on January 5, 1983), clarifies U. S. EPA’s interpretation of FIFRA section 26 and FIFRA section 27 regarding procedures for issuing, overseeing, and rescinding a State’s primacy over pesticide use violations. The rule outlines under what conditions U. S. EPA may act upon pesticide use complaints.
FIFLA section 12(a)(2)(G) sets forth as an unlawful act the use of any federally registered pesticide in a manner inconsistent with its labeling.
FIFRA section 9(c)(3) and FIFRA section 14 provide for written warnings, and for civil and criminal penalties for violations of FIFRA provisions.
FIFRA section 23(a)(1) empowers the Administrator of U.S. EPA to “enter into cooperative agreements with States... to cooperate in the enforcement of this Act.” The authority to enter into such agreements has been delegated to the Regional Administrators of U.S. EPA.
DPR and County Agricultural Commissioners (hereinafter CACs), are responsible for administering and enforcing the provisions of Division 6 and Division 7, of the California Food and Agricultural Code (hereinafter FAC) (FAC section 1 et seq.).
FAC section 12973 provides that “the use of any pesticide shall not conflict with labeling… which is delivered with the pesticide.”
FAC section 12931 provides the Director of DPR shall make such investigations as are necessary for the full enforcement of Division 7, Chapter 2.
FAC section 11737 empowers the CACs to determine whether any person is operating any equipment or facility in violation of Division 7 of the FAC.
FAC section 482 empowers the Director of DPR to enter into cooperative agreements with CACASA for the purpose of enforcing Divisions 6 and 7.
Business and Professions Code (hereinafter B&P Code) sections 8616, 8616.4, and 8616.5 designates DPR and CACs as the lead in the investigation of the structural use of pesticides.
CACASA Handbook 110 May, 2008 Health and Safety Code (hereinafter H&S Code) section 105200 authorizes the CAC to be involved in the investigation of illnesses suspected of being caused by pesticides.
III. COORDINATION
A. Each party in this agreement will designate an individual whose function shall be to coordinate the activities set forth in this cooperative agreement.
B. Any party to this agreement may request a meeting for purposes of consulting by contacting the other parties to the agreement.
IV. EPISODE REFERRAL
U.S. EPA, DPR, and CACASA, by signing this document, each agree to promptly report, as outlined below, all episodes meeting or appearing to meet one or more of the priority investigation effects criteria listed in Appendix A.
I dentifying Party Will Notify______
U.S. EPA DPR who will notify CAC DPR CAC and U.S. EPA CAC DPR who will notify U.S. EPA
V. INVESTIGATIONS
A. The party normally responsible for the investigation of an episode shall be the CAC where the event occurred. For episodes that involve more than one county, or where it is not appropriate for the CAC of occurrence to investigate, DPR will designate the agency that will conduct the investigation.
B. DPR will advise the CAC in the investigation upon request from the CAC. DPR may elect to become involved and/or take the lead role in an investigation after consulting with the CAC.
C. The U.S. EPA will assist, advise, or conduct investigations or inspections only after consulting with DPR and the involved CAC.
D. Priority investigations, will commence immediately, whenever possible, but in no event will the investigation commence later than three working days from the referral to the CAC.
CACASA Handbook 111 May, 2008 E. The U.S. EPA may participate in at least one priority investigation per year in cooperation with DPR and CAC.
VI. INVESTIGATION REPORTS
A. The CAC conducting the field investigation will keep DPR apprised of the major developments in all priority investigations. DPR will, in turn, keep U.S. EPA apprised of the major developments in all priority investigations.
B. The reports and summaries, and any enforcement action resulting from any priority investigations, will be promptly filed with DPR, and the U.S. EPA upon conclusion of the investigation. The investigative reports will contain all available evidence to support state and federal enforcement action when violations are indicated.
C. DPR will provide the U.S. EPA with a summary report for each episode that resulted in a priority investigation. The manner in which the DPR will track and report on priority investigations is outlined in Section VIII - Implementation Plan.
VII. ENFORCEMENT
A. Nothing in this agreement will preclude DPR and/or the CAC from undertaking any enforcement action with respect to any act that constitutes a violation of State law. Nothing in this agreement will preclude the U.S. EPA from undertaking any enforcement action with respect to any act that constitutes a violation of FIFRA
B. The U.S. EPA will discuss with DPR and the CAC involved the appropriateness of initiating federal enforcement action against pesticide users alleged to be in violation of FIFRA section 12(a)(2) (G). Any enforcement action that may be taken by the U.S. EPA will conform to the guidance of the Final Interpretive Rule pertaining to State primacy for use enforcement responsibility.
VIII. IMPLEMENTATION PLAN
A. When DPR learns of an episode that appears to meet one or more of the priority investigation effects criteria, it will complete the Pesticide Episode Notification Record (Appendix C) and send it to the U.S. EPA, the CAC, and other agencies as appropriate as soon as possible.
CACASA Handbook 112 May, 2008 B. Within 15 days of receipt of the Pesticide Episode Notification Record, DPR will prepare an updated report of the CAC’s preliminary findings and forward it to U S. EPA. This report should include an update of the initial information reported, the CAC’s projected completion date of the investigation, any suspected violations that contributed to the episode, and any contemplated enforcement action.
C. U. S. EPA will notify DPR of episodes for which additional status updates are desired. DPR, in cooperation with the CACs, will provide either oral or written updates of the investigation findings, suspected violations, and contemplated enforcement actions, including penalty amounts under consideration. The frequency of the additional updates will be mutually agreed upon by U. S. EPA, DPR, and CAC on a case-by-case basis and will depend, in part, upon how the investigation is proceeding.
D. The CAC shall submit the completed investigation report; including all supporting documents, to DPR within 45 days of completion of the investigation. DPR will provide a final Pesticide Episode Investigation Report summarizing the CAC’s findings and enforcement action to the U.S. EPA within 30 days of receipt of the completed investigation. The report form may be submitted indicating pending enforcement action.
IX. DISPUTE AND CONFLICT RESOLUTION
It is the desire of all parties to establish a speedy, efficient, and informal method for the resolution of conflicts. In the event of a disagreement about the interpretation or implementation of any section of this agreement, that cannot be resolved informally, a joint meeting of the Manager of the Pesticides Office of U.S. EPA Region 9, the DPR Enforcement Branch Chief and the CAC involved, will be convened to resolve the conflict. If the conflict is not resolved at this level, the issue will be elevated to the next level of management at U.S. EPA and DPR.
X. TERMS
This cooperative agreement, when accepted by all parties, will be valid until modified or terminated. This cooperative agreement may be modified, at any time, by the mutual written consent of all parties, or terminated by any party upon a 30-day advance written notice to the other parties. Any party may initiate a review of the agreement, for the purpose of modification, at any time,
CACASA Handbook 113 May, 2008 XI. PROGRAM EVALUATION
The U.S. EPA and DPR will review Pesticide Episode Notification Records, 15-day Reports, Final Pesticide Investigation Reports and other available summary information periodically through the year. The focus of this evaluation will be on investigative techniques and resultant enforcement action to assure U.S. EPA that the State is meeting the requirements of Section 26 of FIRFA. The U. S. EPA may request a copy of the complete investigation and/or inspection file for any episode. U. S. EPA may also review DPR county oversight activities when appropriate.
XII. REVIEW
Annually, DPR will initiate a meeting of U.S. EPA, DPR, and CACASA to review the performance of all parties to the agreement and discuss issues pertaining to the agreement and any desired modifications.
CACASA Handbook 114 May, 2008 CACASA Handbook 115 May, 2008 Appendix A PRIORITY INVESTIGATION EFFECTS CRITERIA
HUMAN EFFECTS Death, serious injury or illness (any injury or illness requiring hospital admission as ‘inpatient status”) or any single injury or illness episode involving five or more persons. Investigations of suicides and suicide attempts shall follow procedures outlined in the DPR Investigation Procedures Manual.
ENVIRONMENTAL EFFECTS
Water Contamination of drinking water supply affecting 10 or more households.
Air Contamination of air resulting in issuance of a recommendation by a representative of a legally authorized agency to evacuate five or more persons.
Land Contamination of land or soil resulting in one-half (1/2) acre or more not usable for intended purposes for one year or more.
Animals and Wildlife Any episode with an associated level of mortality, estimated by an appropriate agency or official, that exceeds the following:
Non-target birds - 50 Non-target fish - 500 Listed endangered or threatened species - 1 (to be determined on a case by case basis as described under the SPECIAL INCIDENTS section of this document.) Domesticated, game, or other non-target animals - 5
ECONOMIC LOSS Damage to any property, equipment, or livestock (including bees) that is estimated to represent a $20,000 loss, or 20% crop yield loss (whichever is appropriate).
CACASA Handbook 116 May, 2008 SPECIAL INCIDENTS
Episodes occurring within Oregon, Nevada, Arizona, or tribal land that have effects in California that meet priority criteria. Episodes occurring within California that have effects in Oregon, Nevada, Arizona, or tribal land that meet applicable priority criteria. The appropriate agency to investigate these special incidents shall be determined pursuant to Section V, INVESTIGATIONS, paragraph A of this agreement. Investigations of these special incidents shall follow procedures outlined in the DPR Investigation Procedures Manual.
Any pest control equipment accidents that occur while handling pesticides and result in serious injury or illness, death, environmental effects, or economic loss (not including the involved equipment) exceeding the amounts shown above. Investigation of accidents shall follow procedures outlined in the DPR Investigation Procedures Manual.
Any episode, including those involving endangered species, which through discussion between the three parties of this agreement is determined to be of high priority.
CACASA Handbook 117 May, 2008 MASTER AGREEMENT: THE AGRICULTURE AND SERVICES AGENCY, THE DEPARTMENT OF INDUSTRIAL RELATIONS, AND AGRICULTURAL COMMISSIONERS ASSOCIATION RELATING TO PESTICIDES
Cooperative and Complementary Program to develop and Maintain Healthful Working Conditions for all Persons Who in the Course of their work are, or may be, exposed to Pesticides
A. GENERAL STATEMENT
1. This document identifies and delineates the responsibilities of the Agriculture and Services Agency (A&S), the Department of Industrial Relations (DIR), the Division of Industrial Safety (DIS) within DIR, the Department of Food and Agriculture (DFA), and County Agricultural Commissioners (CAC) for the purpose of joining in a Cooperative and Complementary Program to develop and Maintain Healthful Working Conditions for all Persons Who in the Course of their work are, or may be, exposed to Pesticides
2. DIR, DIS, DFA AND CAC shall contribute to the joint program those skills, experience, manpower, and facilities as may be necessary to effect a coordinated program conducted in such a manner as to minimize duplication of effort and successfully establish an efficient and effective program of worker protection.
3. A&S is the Agency designated by the California Labor Code to be responsible for administering and developing California's Occupational Safety and Health plan. A&S has specifically been given the authority and charged with the responsibility of assuring that the CAL/OSHA activities of DIR AND DIS are conducted in conformity with the Labor Code and the State Occupational Safety and Health Plan. A&S also exercises general policy supervision and budgetary control over DFA.
B. COOPERATIVE RELATIONSHIP
1. It is recognized that some overlap may occur in the application of regulations based on the State Food and Agricultural Code and occupational health and safety standards and safety orders based on the State Labor Code. To avoid jurisdiction conflicts and provide for greater coordination in the prevention of injuries associated with the manufacture, formulation and application of pesticides, the term Occupational Safety and Health Standards as used in this agreement shall include standards promulgated by the CAL/OSHA Standards Board and special orders issued by DIS pursuant to the Labor Code; the term Pesticide Use Regulations shall include all regulations promulgated by the DFA pursuant to the Food and Agricultural Code. Occupational Safety and Health Standards and Pesticide Use Regulations shall be enforced as described in this agreement.
CACASA Handbook 118 May, 2008 2. The Directors of DIR and DFA shall each designate a responsible administrator as a principal liaison officer with the other. They and other staff members shall meet periodically to:
a. Develop and keep up-to-date procedures for interdepartmental assistance.
b. Develop procedures for exchange of information, reports, and data.
c. Develop joint training programs.
d. Deal with other matters of mutual concern consistent with the cuties of the Departments.
C. RESPONSIBILITIES OF PARTICIPANTS
1. The DIR, through its Division of Industrial Safety (DIS), may inspect and investigate any place of employment in order to determine compliance with Occupational Safety and Health Standards. Whenever problems involving Pesticide Use Regulations are discovered, the DIS shall notify DFA.
2. DFA and CAC may inspect and investigate any operations where pesticides are applied, handled, stored, or used in order to determine compliance with Pesticide Use Regulations, whenever problems involving Occupational Safety and Health Standards are discovered, DFA shall notify DIS.
3. This agreement does not restrict the authority of DFA, DIR DIS, or CAC to prosecute violations of law pursuant to their respective authorities, nor restrict action against licensees by DFA and County Agricultural Commissioners.
4. To develop and maintain the necessary level of public and worker protection and to prevent unnecessary duplication of effort, the DIS shall have primary responsibility for routine inspection and enforcement of Occupational Safety and Health Standards in industrial pesticide.
1/ The respective authorities, responsibilities, and DFA and CAC in the enforcement of pesticide use regulations are delineated in Division 2, Chapter 2 of the Food and Agricultural Code and rules, regulations, and procedural manuals adopted pursuant thereto. In addition to its specific statutory duties, DFA provides assistance to CAC in the form of training, preparation of forms, equipment, statewide publicity and emergency services. Manufacturing and formulating operations; the Department of Food and Agriculture and County Agricultural Commissioners shall have primary responsibility for routine inspection and enforcement of laws and regulations pertaining to the application and use of pesticides.
5. All questions dealing with the appropriate interpretations of provisions of this agreement which cannot be resolved between DIR and DFA shall be brought to the attention of A&S.
CACASA Handbook 119 May, 2008 D. DEFINITIONS
1. A Fatality/Catastrophe investigation is an investigation of any employment accident which is fatal to one or more employees or causes injuries or illness to five or more employees. See Labor Code Sections 6313 (a) and 6409 (c) for more detailed definitions.
2. A Complaint Investigation is an investigation triggered by an employee, an employee representative or an employer of an employee as described in Section 6309 of the Labor Code.
3. A Routine Inspection is an investigation initiated by the DIS. Such investigations may involve target industries, target health hazards, selected employers with poor safety records or other reasons consonant with the Labor Code.
4. A Complaint as used here is a complaint alleging violation of job safety and/or health standards by an employees an employee representative or an employer of an employee as described in Section 6309 of the Labor Code.
5. A Consultative Investigation is an investigation having as its purpose, education and voluntary compliance. Such investigations may be conducted by DIS as provided in the Labor Code as may be appropriate.
E. INSPECTION PROCEDURES
1. Fatality/Catastrophe Investigations. These will be conducted as provided in the Labor Code by DIS. DFA and CAC will provide technical assistance To DIS and may extend the investigation as may be required by the Food and Agricultural Code.
2. Complaint Investigations. All Complaints received by DIS will be handled according to instructions in the Labor Code. All violations of Occupational Safety and Health Standards will be cited. The complainant will be notified in writing by DIS of the results of the inspection, citations will be posted, etc., as described in the Labor Code and subsequent regulations. Violations and complaints relating to Pesticide Use Regulations will be referred to DFA or CAC for investigation and action under authority of the Food and Agricultural Code. DFA will develop a written inspection protocol regarding employee rights for investigations involving enforcement of pesticide use regulations where complaints from employees or employee representatives may be involved or where the work by DFA or CAC is associated with a DIS investigation. This protocol will parallel that used by the Department of Health in its CAL/OSHA support activity.
3. DFA will develop an enforcement check list for Pesticide Use Regulations which will document actual compliance whenever complaints are involved. This document will be forwarded to DIS for insertion in the appropriate project file folder. At this point, DFA or CAC will notify the complainant in writing of their findings and of the fact that compliance has been accomplished.
CACASA Handbook 120 May, 2008 4. Routine Inspections may be conducted in agricultural operations by DIS as prescribed by the Labor Code. DIS will refer apparent or alleged violations of Pesticide Use Regulations to DFA or CAC. DFA and CAC will, on a priority basis, investigate these alleged violations using the inspection protocol described under paragraph 2 above. Findings will be forwarded to DIS for insertion into appropriate files.
5. DFA and CAC may conduct routine inspections as required by the Director of DFA to enforce the Pesticide Use Regulations and other aspects of the Food and Agricultural Code. Apparent or alleged violations of Occupational Safety and Health Standards will be referred to DIS.
6. Consultative Investigations are not restricted by this Agreement.
F. TRAINING
1. DFA, with appropriate input from CAC, DIR and DIS, will develop a written protocol and necessary forms and worksheets for conducting support activities in response to Complaint referrals or other requests from DIS.
2. DFA will train field staff assigned to enforcement of Pesticide Use Regulations in the use of the above forms and protocol and in addition will make this staff available for training by DIS in the conduct of inspections, worker rights, employer rights, and other aspects of CAL/OSHA.
/S/ Date 6/16/76 /S/ Date 6/14/76 Rose E. Bird, Secretary Donald Vial, Director Agriculture and Services Agency Department of Industrial Relations
/S/ Date 5/18/76 /S/ Date 6/17/76 L. T. Wallace, Director William Fitchen Department of Food and Agriculture California Agricultural Commissioners Association
CACASA Handbook 121 May, 2008 Agricultural Pest Control Advisor Suggested Study Material Source List (Please retain for your information.)
The purpose of this list is to provide you with reference materials to help you prepare for the Agricultural Pest Control Adviser Examination. Please keep this listing for future reference. Listed below are the recommended study materials for the Laws, Regulations and Basic Principles Examination, and each Agricultural Pest Control Adviser License Examination.
Laws, Regulations & Basic Principles and All Categories (A through G) +1. Laws and Regulations Study Guide (now includes the Pesticide Safety Series) (Sale Publication #626 - $10.00. tax included.) Available from the Department of Pesticide Regulation, 830 K Street Mall, Sacramento, California 95814-3510, (916) 323-3885. Make check or money order payable to Cashier, Department of Pesticide Regulation. VISA or MasterCard accepted as payment. *2. The Safe and Effective Use of Pesticides (Sale Publication #3324 - $30.00, plus 8.25% State sales tax & shipping and handling.) Included in Volume 1 (400 pages) are chapters dealing with pest identification, pest management, pesticides, pesticide laws and regulations, hazards associated with pesticide use, protecting people and the environment, pesticide emergencies, effective use of pesticides, pesticide application equipment, and calibration of pesticide equipment.
(A) Insects, Mites & Other Invertebrates (Plant) * 1. Destructive and Useful Insects. Their Habits and Control by Robert L. Metcalf & Robert A. Metcalf (Published by McGraw-Hill, Inc.) This publication may be available at public libraries or purchased through a used book store. NOTE: If the Destructive and I Useful Insects. Their Habits and Control is unavailable, the publication Entomology and Pest Management is a satisfactory alternative. 2. Entomology and Pest Management (2nd Edition) by Larry P. Pedigo (Sale Publication - $91.00 - ISBN: 0133735311.) (Published by Prentice-Hall, Upper Saddle River, N.J.) This publication can be purchased through the Internet at www.amazon.com or at book stores. This publication may be available at public libraries.
(A) Insects, Mites & Other Invertebrates (Animal) +1. Common Parasites and Pests of Livestock & Poultry in California by Edmond C. Loomis. (Sale Publication - $8.00, tax included.) Available from Cashier, Department of Pesticide Regulation, 830 K Street Mall, Sacramento, California 95814-3510, (916) 323-3885. Make check or money order payable to Cashier, Department of Pesticide Regulation. VISA or MasterCard accepted as payment.
(B) Plant Pathogens *1. Plant Pathology. 3rd Edition by G. N. Agrios (Published by Academic Press, New York.) This publication may be available at public libraries or purchased through a book store.
(C) Nematodes 1. Plant Nematology. An Agricultural Training Aid by Sadek M. Ayoub (Sale
CACASA Handbook 122 May, 2008 Publication - $12.90, tax included.) Available from Nemaid Publication, P. O. Box 231354, Sacramento, California 95823-1354. *2. Phylonematology Study Guide (Sale Publication #4045 - $5.00, plus 8.25% Suite sales tax & shipping and handling.)
(D) Vertebrate Pests 1. Vertebrate Pests Control Handbook (Sale Publication #410 - $20.00. tax included.) Available from the Department of Food and Agriculture, P.O. Box 942872, Sacramento, California 94271 -2872. Make check or money order payable to Cashier, Department of Food and Agriculture. +2. Vertebrate Pest Control Study Guide (Sale Publication - $8.00, tax included.) Available from Cashier, Department of Pesticide Regulation, 830 K Street Mall, Sacramento, California 95814-3510, (916) 323-3885. Make check payable to Cashier, Department of Pesticide Regulation. VISA or MasterCard accepted as payment. *3. Wildlife Pest Control Around Gardens and Homes (Sale Publication # 21385 - $8.00, plus 8.25% State sales tax & shipping and handling.)
(E) Weed Control *1. The Growers Weed Identification Handbook (Rev. 1992) (Sale Publication #4030 - $80.00, plus 8.25% State sales tax & shipping and handling.) 2. Principles of Weed Control in California (Rev. 1989) Available at most libraries. 3. Weed Ecology: Implications for Management (2nd Edition) (Sale Publication - $98.95 - ISBN: 0471116068.) (Published by John Wiley & Son) This publication can be purchased through the Internet at www.amazon.com or at book stores. This publication may be available at public libraries. 4. Herbicide Handbook of the Weed Science Society of America (7lh Edition) (Sale Publication - $25.00 - ISBN: 0911733132.) (Authored and published by the Weed Society of America) This publication can be purchased through the Internet at www.amazon.com or at book stores. This publication may be available at public libraries. NOTE: If Principles of Weed Control in California is unavailable, the publications Weed Ecology: Implications for Management and Herbicide Handbook in combination with The Growers Weed Identification Handbook will comprise the recommended study guides for the Weed Control Examination.
(F) Defoliation *1. Defoliation and Other Harvest Aid Practices (Sale Publication #4043 - $2.00, plus 8.25% State sales tax & shipping and handling.)
(G) Plant Growth Regulators * 1. Plant Growth Regulators (Sale Publication #4047 - $4.00, plus 8.25% State sales tax & shipping and handling.)
Other Helpful Reference Materials for Your Future Consideration *1. Integrated Pest Management for Citrus (Sale Publication #3303 - $22.00, plus 8.25% State sales tax & shipping and handling.) *2. Integrated Pest Management for Almonds (Sale Publication #3308 - $22.00, plus 8.25% State sales tax & shipping and handling.) *3. Integrated Pest Management for Walnuts (Sale Publication #3270 - $22.00, plus 8.25% State sales tax & shipping and handling.)
CACASA Handbook 123 May, 2008 *4. Integrated Pest Management for Cotton in the Western Region of the United States (Sale Publication #3305 - $22.00. plus 8.25% State sales tax & shipping and handling.) ♦5. Integrated Pest Management for Cole Crops and Lettuce (Sale Publication #3307 - $22.00, plus 8.25% State sales tax & shipping and handling.) *6. Sugarbeet Pest Management Series. Nematodes (SalePublication#3272- $3.00, plus 8.25%State sales tax & shipping and handling.) *7. Integrated Pest Management for Tomatoes (Sale Publication #3274 - $22.00, plus 8.25% State sales tax & shipping and handling.) *8. Integrated Pest Management for Alfalfa Hay (Sale Publication #3312 - $22.00, plus 8.25% State sales tax & shipping and handling.) *9. Integrated Pest Management for Potatoes in the Western United States (Sale Publication #3316 - $22.00, plus 8.25% State sales tax & shipping and handling.) *10.Grape Pest Management (Sale Publication #3343 - $68.00, plus 8.25% State sales tax & shipping and handling.) *11.Integrated Pest Management for Small Grains (Sale Publication #3333 - $22.00, plus 8.25% State sales tax & shipping and handling.) * 12. UC Pest Management Guidelines (Sale Publication #3339 - $80.00, plus 8.25% State sales tax & shipping and handling.) * 13. Pests of the Garden and Small Farm (Sale Publications #3332 - $30.00, plus 8.25% State sales tax & shipping and handling.) +14. Parkland's Pest Management Handbook (Sale Publication #516 $11.00) +15. Stone Fruit Orchard Pests: Identification. Biology. Control (Sale Publication #518 - $12.00) *16.Integrated Pest Management for Strawberries (Sale Publication #3351 -$30.00, plus 8.25% State sales tax & shipping and handling.) *17.Integrated Pest Management for Apples and Pears (Sale Publication #3340 - $30.00, plus 8.25% State sales tax & shipping and handling.) *18.Integrated Pest Management for Rice (Sale Publication #3280 - $22.00, plus 8.25% State sales tax & shipping and handling.) *19.Pests of Landscaped Trees and Shrubs (Sale Publication #3359 - $32.00, plus 8.25% State sales tax & shipping and handling.) Reference for the Footnotes: The references identified by a "*" mark next to the number and title of the publication can be ordered from Publications, Division of Agriculture & Natural Resources, University of California, 6701 San Pablo Avenue, Oakland, California 94608-1239,1-800-994-8849 (within California), or (510) 642-2431 or contact your local County Farm Advisor's Office (University of California Cooperative Extension) for current information. Please make the check or money order payable to: THE REGENTS OF THE UNIVERSITY OF CALIFORNIA. California customers add 8.25% sales tax to the Merchandise Total: for shinning and handling . Orders from other States. DO NOT add sales tax: for shipping and handling charges, Shipping- Expect delivery of publication orders within 2 weeks of ordering.
CACASA Handbook 124 May, 2008 Shipping Table (to U.S. Addresses)
Merchandise Total Shipping Charge $1 - $4.99 $1 $5-$9.99 $2 $10-$19.99 $3 $20 - $29.99 $4 $30 - $39.99 $5 $40 - $49.99 $6 $50 - $79.99 $7 $80 - $99.99 $8 $100 and more $10
All packages are sent either U.S. Postal Service 1st Class or UPS Ground. To arrange overnight or a second-day delivery, call 1-800-994-8849.
+ The references identified by a “+” mark next to the number and title of the publication can be ordered from Cashier, Department of Pesticide Regulation,830KStreetMall, Sacramento, California 95814-3510. Please make the check or money order payable to Cashier. Department of Pesticide Regulation. VISA and MasterCard are acceptable as payment. When ordering, please include the Sale Publication Number. State sales tax & handling and shipping are already included.
(REV. 7/98)
CACASA Handbook 125 May, 2008 Qualified Applicator Certificate Suggested Study Material Source List
The purpose of this list is to provide you with reference material to help you prepare for the Qualified Applicator Certificate Examination. Please keep this listing for future reference. Suggested study material for the Laws, Regulations and Basic Principles Exam, and each Pest Control Category Exam is listed below. Instructions on how to order the publications can be found in the footnotes on page 8 . You are not required to purchase any of the suggested study material. Prices are current until 6/30/99, thereafter, prices are subject to change. Laws and Regulations and All Categories (A through N) 1. Laws and Regulations Study Guide (now includes the Pesticide Safety Series) (Sale Publication #626, cost - SI0.00, includes tax and postage). © 2. The Safe and Effective Use of Pesticides (Sale Publication #3324, cost - $30.00, plus 8.25% State sales tax & postage and handling). A. Residential, Industrial, and Institutional 1. Standards for Approved Fumigation Facilities (Q.C. Circular #218 - Will be sent to all applicants upon receipt and processing of the application and fees.) 2. Residential. Industrial, and Institutional Pest Control (Sale Publication #3334, cost - $25.00, plus 8.25% Suite sales tax & postage and handling). 3. Principles of Weed Control in California (Rev. 1989). Available at most libraries. 4. The Growers Weed Identification Handbook (Sale Publication #4030 [Rev. 1992], cost - $80.00, plus 8.25% State sales tax & postage and handling). 5. Weed Ecology: Implications for Management (2nd Edition), Published by John Wiley & Son (Sale Publication - $98.95 - ISBN: 0471116068.) This publication can be purchased through the Internet at www.amazon.com and book stores. This book may be available at libraries. 6. Herbicide Handbook of the Weed Science Society of America (7th Edition) Authored and Published by the Weed Science Society of America (Sale Publication Price - $25.00 - ISBN: 0911733132). This publication can be purchased through the Internet at www.amazon.com and book stores. This book may be available at libraries. NOTE: If Principles of Weed Control in California is unavailable, the publications Weed Ecology: Implications for Management and Herbicide Handbook in combination with The Growers Weed Identification Handbook will comprise the recommended study guides. B. Landscape Maintenance 1. Turfgrass Pests (Sale Publication #4053, cost - $20.00, plus 8.25% State sales tax & postage and handling). 2. Mushroom in Lawns and Landscape (Leaflet #21050, cost - $1.50, plus 8.25% State sales tax & postage and handling). 3. Wildlife Pest Control Around Gardens and Homes (Sale Publication #21385, cost - $8.00, plus 8.25% State sales tax & postage and handling). 4. Plants Indoors: Their Care and Feeding (Leaflet #2941, cost - $1.50, plus 8.25% State sales tax & postage and handling). 5. Pests of Landscape Trees and Shrubs (Sale Publication #3359, cost - $32.00, plus 8.25% State sales tax & postage and handling). © C. Right-of-Way 1. Forest and Right-of-Wav Pest Control (Sale Publication #3336, cost - $30.00, plus 8.25% State sales tax & postage and handling). 2. Vertebrate Pest Control Handbook (Sale Publication #410. cost - $20.001 ©
CACASA Handbook 126 May, 2008 3. Principles of Weed Control in California (Rev. 1989). Available at most libraries. 4. The Growers Weed Identification Handbook (Sale Publication #4030 [Rev. 1992], cost - $80.00, plus 8.25% State sales tax & postage and handling). © 5. Weed Ecology: Implications for Management (2nd Edition), Published by John Wiley & Son (Sale Publication - $98.95 - ISBN: 0471116068.) This publication can be purchased through the Internet at www.amazon.com and book stores. This book may be available at libraries. 6. Herbicide Handbook of the Weed Science Society of America (7th Edition) Authored and Published by the Weed Science Society of America (Sale Publication Price - $25.00 - ISBN: 0911733132). This publication can be purchased through the Internet at www.amazon.com and book stores. This book may be available at libraries. NOTE: If Principles of Weed Control in California is unavailable, the publications Weed Ecology. Implications for Management and Herbicide Handbook in combination with The Growers Weed Identification Handbook will comprise the recommended study guides. D. Plant Agriculture 1. Standards for Approved Fumigation Facilities (Q.C. Circular #218 - Will be sent to all applicants upon receipt and processing of the application and fees.) 2. Vertebrate Pest Control Handbook (Sale Publication #410. cost - $20.00). 3. Principles of Weed Control in California (Rev. 1989). Available at most libraries. 4. The Safe and Effective Use of Pesticides (Sale Publication #3324, cost - $30.00, plus 8.25% State sales tax & postage and handling). 5. The Growers Weed Identification Handbook (Sale Publication #4030 [Rev. 1992], cost - $80.00, plus 8.25% State sales tax & postage and handling). 6. Weed Ecology: Implications for Management (2nd Edition), Published by John Wiley & Son (Sale Publication - $98.95 - ISBN: 0471116068.) This publication can be purchased through the Internet at www.amazon.com and book stores. This book may be available at libraries. 7. Herbicide Handbook of the Weed Science Society of America (7th Edition) Authored and Published by the Weed Science Society of America (Sale Publication Price - $25.00 - ISBN: 0911733132). This publication can be purchased through the Internet at www.amazon.com and book stores. This book may be available at libraries. NOTE: If Principles of Weed Control in California is unavailable, the publications Weed Ecology: Implications for Management and Herbicide Handbook in combination with The Growers Weed Identification Handbook will comprise the recommended study guides. E. Forest 1. Vertebrate Pest Control Handbook (Sale Publication #410, cost $26.00). © 2. Forest and Right-of-Wav Pest Control (Sale Publication #3336, cost - $30.00, plus 8.25% State sales tax & postage and handling). F. Aquatic 1. Aquatic Pest Control (Leaflet #2961. cost - $1.25. plus 8.25% State sales tax & postage and handling). 2. Aquatic Weed Control by Terry McNabb and Lars W.J. Anderson (excerpt from Principles of Weed Control in California [Rev.1989], Sale Publication #631, cost - $3.00). © 3. An Assessment of the Use of Chemical Fish Toxicants in California (Will be sent to all applicants upon receipt and processing of the application and fees.)
CACASA Handbook 127 May, 2008 G. Regulatory 1. Phytonematology Study Guide (Sale Publication #4045 [Rev. 1985], cost - $5.00, plus 8.25% State sales tax & postage and handling). 2. Plant Growth Regulators (Sale Publication #4047 |Rev. 1988], cost - $4.00, plus 8.25% Stale sales tax & postage and handling). 3. Principles of Weed Control in California (Rev. 1989). Available at most libraries. 4. Plant Industry Food and Agricultural Code Extracts (Sale Publication #475. cost - $9.00). © 5. Vertebrate Pest Control Handbook (Sale Publication #410. cost - $20.00). © 6. An Assessment of the Use of Chemical Fish Toxicants in California (Will be sent to all applicants upon receipt and processing of the application and fees.) 7. Standards for Approved Fumigation Facilities (Q.C. Circular #218 - Will be sent to all applicants upon receipt and processing of the application and fees.) 8. Common Parasites and Pest of Livestock and Poultry in California by Edmond C. Loomis, (Sale Publication, cost - $8.00 tax included). This publication is available from the Department of Pesticide Regulation. Make check or money order payable to the Cashier, Department of Pesticide Regulation. © 9. Quarantine Commissioner's Circular and Plant Quarantine Manual Available for review from the County Agricultural Commissioner's Office or the California Department of Food and Agriculture Pest Detection headquarters and district offices. 10. Commissioner-Department Memoranda of Understanding on Control of Injurious Field Rodents Available from the California Department of Food and Agriculture, Plant Health and Pest Prevention Services, 1220 N Street, Room A357, Sacramento, California 94814. 11. The Safe and Effective Use of Pesticides (Sale Publication #3324, cost - $30.00, plus 8.25% State sales tax & postage and handling). 12. The Growers Weed Identification Handbook (Sale Publication #4030 [Rev. 1992], cost - $80.00, plus 8.25% State sales tax & postage and handling). 13.Weed Ecology: Implications for Management (2nd Edition), Published by John Wiley & Son (Sale Publication - $98.95 -ISBN: 0471116068.) This publication can be purchased through the Internet at www.amazon.com and book stores. This book may be available at libraries. 14.Herbicide Handbook of the Weed Science Society of America (7th Edition) Authored and Published by the Weed Science Society of America (Sale Publication Price - $25.00 - ISBN: 0911733132). This publication can be purchased through the Internet at www.amazon.com and book stores. This book may be available at libraries. NOTE: If Principles of Weed Control in California is unavailable, the publications Weed Ecology: Implications for Management and Herbicide Handbook in combination with The Growers Weed Identification Handbook will comprise the recommended study guides. H. Seed Treatment 1. 1. Seed Treatment (Leaflet #2966. cost - $1.00. plus 8.25% State sales tax & postage and handling). O /. Animal Agriculture 1. Common Parasites and Pest of Livestock and Poultry in California by Edmond C. Loomis (Sale Publication, cost - $8.00 tax included). This publication is available from the Department of Pesticide Regulation. Make check payable to the Cashier, Department of Pesticide Regulation.© 2. Vertebrate Pest Control Handbook (Sale Publication #410, cost - $20.00) © J. Demonstration and Research 1. Research Authorization Program (Will be sent to all applicants upon receipt and
CACASA Handbook 128 May, 2008 processing of the application and fees.) 2. Any textbook dealing with experimental design and statistical procedures. K. Health Related 1. Residential. Industrial, and Institutional Pest Control (Sale Publication #3334, cost - $25.00, plus 8.25% State sales tax & postage and handling). 2. Any textbook dealing with community pests and related vector control.
L. Wood Preservative (Subcategory of A and C) 1. Volume III - Wood Preservation (Sales Publication #3335 [Est. 1992], Cost - $15.00, plus 8.25% State sales tax & postage and handling). M. Antifouling Paints or Coatings Containing Tributyltin (Subcategory of A) 1. Tributyltin (TBT) Regulations - Title 3. Chapter 6. Subchapter 2. Group 4. Article 1 This publication will be sent to all applicants upon receipt and processing of the application and fees. 2. Certification Training for Safe Handling and Use of Antifouling Paints Containing TBT (Sale Publication. Cost $15.00). © N. Sewer Line Root Control (Subcategory of A) 1. Sewer Line Pest Control This publication will be sent by the Department of Pesticide Regulation to all applicants testing in this category upon receipt and processing of the application and fees. Footnotes: Designates the name and address where the publications can be ordered. 1. This publication can be ordered by writing or calling one of the following locations: Publication, Division of Agriculture and Natural Resources, University of California, 6701 San Pablo Avenue, Oakland, California 94608-1239, or call 1-800-994-8849 (within California) or (510) 642-2431; Agricultural Information Publications, University of California, Davis, California 95616, or call (530) 757-8930; or the local County Farm Advisor's Office (University of California Cooperative Extension). Make check or money order payable to: The Regents of the University of California; or by telephone using your credit card. California customers add 8.25% State sales tax to the Merchandise Total; for shipping and handling, see Shipping Table below. Orders from other States, DO NOT add sales tax; for shipping and handling charges, see the Shipping Table below. Expect delivery of publication orders within 2 weeks of ordering.
Shipping Table (to U.S. Addresses)
Merchandise Total Shipping Charge $1 - $4.99 $1 $5-$9.99 $2 $10-$19.99 $3 $20 - $29.99 $4 $30 - $39.99 $5 $40 - $49.99 $6 $50 - $79.99 $7 $80 - $99.99 $8 $100 and more $10
CACASA Handbook 129 May, 2008 All packages are sent either U.S. Postal Service 1st Class or UPS Ground. To arrange overnight or a second-day delivery, call 1-800-994-8849. 2 This publication can be ordered from the Department of Pesticide Regulation, 830 K Street, Sacramento, California 95814-3510. Make check or money order payable to the Cashier, Department of Pesticide Regulation. Sales tax is already included. 3 This publication can be ordered by writing to the California Department of Food and Agriculture, P.O. Box 942872, Sacramento, California 94271-2872. Please make check or money order payable to the Cashier, California Department of Food and Agriculture. Sales tax is already included.
(Rev. 7/98)
CACASA Handbook 130 May, 2008 CALIFORNIA AGRICULTURAL COMMISSIONERS & SEALERS ASSOCIATION MEMORANDUM OF UNDERSTANDING BETWEEN THE STATE WATER RESOURCES CONTROL BOARD AND THE CALIFORNIA DEPARTMENT OF PESTICIDE REGULATION For the protection of water quality (surface and groundwater) from potentially adverse Effects of Pesticides BACKGROUND The State Water Resources Control Board (SWRCB) and the California Department of Pesticide Regulation (CDPR) have responsibilities relating to the protection of water quality from the potentially adverse effects of pesticides. Both agencies believe that the State will benefit by a unified and cooperative program to address water quality problems related to the use of pesticides. The purpose of this Memorandum of Understanding (MOU) between the SWRCB and CDPR is to ensure that pesticide B registered in California are used in a manner that protects water quality and the beneficial uses of water while recognizing the need for pest control. The Food and Agricultural Code, as amended by the 1991 Governor’s Reorganization Plan No. 1, charges CDPR with the responsibility of ensuring the orderly regulation of pesticides while protecting the quality of the total environment (including water quality) and the health, and safety of the public. SCOPE This MOU is intended to assure that the respective authorities of the SWRCB and CDPR, relative to the protection of water quality and beneficial uses from impairment by the use of pesticides, will be exercised in a coordinated and cohesive manner designed to eliminate overlap of activities, duplication of effort, and inconsistency of action. To that end, this MOU establishes principles of agreement regarding activities of the signatory agencies, identifies primary areas of responsibility and authority between these agencies, and provides methods and mechanisms necessary to assure ongoing coordination of activities relative to such purposes. This MOU also describes how the agencies will work cooperatively to achieve the goals of the respective agencies. STATUTORY AUTHORITIES The Porter-cologne Water Quality Control Act establishes a comprehensive water quality control program for California. The Federal Clean Water Act adds additional water quality control provisions to be implemented nationwide. The SWRCB and the nine California Regional Water Quality Control Boards (CRWQCB) are responsible for protecting the beneficial uses of water in California and for controlling all discharges of waste into waters of the State. The SWRCB sets overall State policy, adopts or approves all water quality control plans, and hears petitions to review CRWQCB decisions. The CRWQCB5 have primary responsibility for permitting, inspection, and enforcement actions. The CRWQCBs implement and enforce the policies adopted by
CACASA Handbook 131 May, 2008 the SWRCB. CDPR is the lead agency for pesticide regulation in California. California law requires CDPR to register and regulate the use of pesticides and protect public health and safety by providing for environmentally sound pest management. The Pesticide Contamination Prevention Act of 1985(Article 15, Chapter 2, Division 7 of the Food and Agricultural Code) authorizes CDPR to: 1. Collect and analyze environmental fate data on all pesticides registered for agricultural use in California to determine ground water data gaps and identify and monitor potential ground water contaminants; 2. Review any pesticide or related chemical found in ground water or in soil under certain conditions to determine if that chemical pollutes or threatens to pollute ground water as a result of legal agricultural use and take appropriate corrective action when necessary; and 3. Compile and maintain a statewide database of wells sampled for pesticide active ingredients and to make an annual report on that inventory and any corrective actions taken by CDPR and/or the SWRCB. The Pesticide Contamination Prevention Act (Act) also prescribes a cooperative working relationship between CDPR, as the lead agency, and the SWRCB for the purpose of protecting ground water from pesticide pollution as a result of agricultural uses. A subcommittee of CDPR’s Pesticide Registration and Evaluation Committee (PREC) is established by the Act for this purpose. The local administration of CDPR’s pesticide regulatory program is the responsibility of the County Agricultural Commissioners (Commissioners), with coordination, supervision, and training provided by CDPR. The Commissioners enforce pesticide laws and regulations and evaluate permit requests for the use of restricted pesticides. In addition, the Commissioners monitor and inspect pesticide handling and use operations, investigate suspected pesticide misuse, and take enforcement action against violators. PRINCIPLES OF AGREEMENT The SWRCB and CDPR agree that the use of certain pesticides may degrade water quality and threaten beneficial uses. To protect the State’s water, it is necessary to prevent water pollution by pesticides by establishing water quality objectives and by implementing control measures for those pesticides which have a potential to unreasonably affect beneficial uses. In order to provide for better protection of water quality and beneficial uses for the people of California, the SWRCB and CDPR mutually agree to: 1. Promote both technical and policy consultations concerning pesticide water quality issues through formal channels, such as standing interagency committees and SWRCB workshops and meetings, as well as through informal staff exchanges of information. The SWRCB and CRWQCBs and CDPR will consult during the early stages of planning any investigation related to pesticides and water quality. The agencies will provide technical assistance to each other upon request.
CACASA Handbook 132 May, 2008 2. Implement a pesticide detection notification system to ensure mutual awareness of pesticide finds in the waters of the State. Results of pesticide monitoring will be provided in an expeditious manner. Results of pesticide monitoring related to ground water will be provided in compliance with “Minimum Reporting Requirements for Well Sampling’s approved by the SWRCB, California Department of Food and Agriculture, and California Department of Health Services in July 1986. Reporting requirements and procedures for data referrals relative to surface water will be described in an implementation document. 3. Collect, exchange, and disseminate information on (a) the use of pesticides, (b) impacts on the quality of the State’s waters from such uses, and (C) any efforts to mitigate those impacts. 4. Share information on pesticide formulations and environmental fate and toxicity of active ingredients, inert ingredients, and break-down products. Procedures to protect proprietary information will be described in an implementation document. 5. Consult each other in developing or revising water quality objectives for pesticides and in developing or revising regulations which may impact water quality. 6. Participate in the development of State policies, guidelines, and management plans relative to pesticide use and water quality control. 7. Promote the development and implementation of Best Management Practices (EMPs) whenever necessary to protect the beneficial uses of the waters of the State from the potentially adverse effects of the use of certain pesticides. CDPR’s plans. to implement BMPs, as furnished to the SWRCB and/or CRWQCBs, should (a) describe the nature of the actions which are necessary to achieve the objectives, including recommendations for appropriate actions by any entity, public or private; (b) set a time schedule for actions to be taken; and (C) describe the points of application and the monitoring to be undertaken to determine compliance with the water quality objectives. 8. Implement BMPs initially upon voluntary compliance to be followed by regulatory-based encouragement of BNPs as circumstances dictate. Mandatory compliance will be based, whenever possible, on CDPR’s implementation of regulations and/or pesticide use permit requirements. However, the SWRCB and CRWQCB5 retain ultimate responsibility f or compliance with water quality objectives. This responsibility may be implemented through the SWRCB and CRWQCBs’ Basin Planning Programs or other appropriate regulatory measures consistent with applicable authorities and the provisions of the Nonpoint Source Management Plan approved by the SWRCB in November1988. 9. Develop an implementation plan to (a) provide uniform guidance and direction to the CRWQCBs and to the Commissioners regarding the implementation of this MOU, (b) describe in detail procedures to implement specific sections of this MOU, and (c) make specific the respective roles of
CACASA Handbook 133 May, 2008 units within the signatory agencies. DISPUTE AND CONFLICT RESOLUTION It is the desire of both agencies to establish a speedy, efficient, and informal method for the resolution of interagency conflicts. Conflicts between the SWRCB and CRWQCBs, CDPR, and the Commissioners which cannot otherwise be informally resolved will be referred to the Executive Director of the SWRCB and the Director of CDPR. Conflicts which cannot be resolved at this level will be elevated to the Secretary of the California Environmental Protection Agency. To assist the Executive Director of the SWRCB and the Director of CDPR in resolving conflicts, two staff persons will be appointed by the Chairman of the SWRCB and the Director of CDPR representing the interests of the SWRCB and CRWQCBs and CDPR and Commissioners, respectively. This MOU shall become effective upon the date of final signature and shall continue in effect until modified by the mutual written consent of both parties or until terminated by either party upon a thirty (30) day advance written notice to the other party.
STATE WATER RESOURCES CONTROL BOARD ______12/23/1991 W. Don Maughánk Date
CALIFORNIA DEPARTMENT OF PESTICIDE REGULATION 12/23/1991 James W. Wells, Interim Director Date
CACASA Handbook 134 May, 2008 MEMORANDUM OF AGREEMENT BETWEEN STATE OF CALIFORNIA DEPARTMENT OF FOOD AND AGRICULTURE (COOPERATOR) AND UNITED STATES DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service Plant Protection and Quarantine (Service)
The purpose of this Agreement is to permit employees certified under the Service's certification plan approved by the Administrator of the Environmental Protection Agency (EPA) to purchase restricted-use pesticides in the State of California and to use or supervise the use of such pesticides on lands under the control of the United States Government and upon private lands within California when such pesticide application activities are conducted within the Federal employees specific job assignment.
Such Agreement is made pursuant to applicable provisions of the State of California laws, policies, and regulations thereto, and includes the following provisions:
1. An employee of PPQ/APHIS/USDA may purchase from a licensed pesticide dealer, possess, or use a restricted use pesticide or pesticides with State restricted uses in California if the following are possessed:
a. A valid, qualified applicator certificate issued by the State of California. Federal employees possessing current federal certification certificates would be granted the specific California pest control category without further examination. But, in order to receive California certification (qualified applicator certificate), federal employees would be required to take and pass California's pesticide laws and regulations examination.
b. A valid restricted materials permit obtained from the county agricultural commissioner.
2. The Service agrees to permit authorized personnel of the Cooperator to enter upon any Federal lands under its conditions upon arrangement with Federal personnel at such installations for purpose of:
a. Inspecting any equipment used in the application of restricted-use pesticides or pesticides with State-restricted pesticide uses and to inspect the premises on which the equipment is held.
b. Inspecting and sampling land exposed or alleged to be exposed to restricted-use pesticides with State-restricted pesticide uses.
c. Inspecting areas where restricted-use pesticides or pesticides with State- restricted pesticide uses are stored have been disposed of or are alleged to have been disposed of.
CACASA Handbook 135 May, 2008 d. Observing the use and application of restricted-use pesticides or pesticides with State-restricted pesticide uses.
e. Sampling any restricted-use pesticides or pesticides with State-restricted uses.
3. All information, records, and documents relating to any violation by personnel of the Cooperator will be furnished to EPA for appropriate action under the Federal Insecticide, Fungicide, and Rodenticide Act, as amended. This Agreement shall become effective upon date of final signature and may be amended at any time by mutual consent. It will remain in effect until terminated upon written notice by either party.
CALIFORNIA DEPARTMENT OF FOOD AND AGRICULTURE
/S/ 6/4/90 Date
UNITED STATES DEPARTMENT OF AGRICULTURE ANIMAL AND PLANT HEALTH INSPECTION SERVICE PLANT PROTECTION AND QUARANTINE
Deputy Administrator Date
CACASA Handbook 136 May, 2008 MEMORANDUM OF UNDERSTANDING
California Department of Food and Agriculture And the California Agricultural Commissioners and Sealers Association
Policy regarding Administrative Levy of Civil Penalties
PURSUANT TO DIVISION 4 OF THE FOOD AND AGRICULTURAL CODE
January 8, 1997
It is unlawful for any person to refuse to comply with any quarantine regulation established to carry out the provisions of the Food and Agricultural Code (Code). In addition to any other applicable penalties, any person who violates any requirement of Division 4 of the code, or any regulation adopted pursuant to that Division, may be prosecuted civilly in any appropriate court in this State. In lieu of civil action, the Secretary or the Commissioner may levy a civil penalty not to exceed $2,500 for each violation.
A mutual objective of the California Department of Food and Agriculture and the California Agricultural Commissioners and Sealers Association is the uniform, fair and equitable enforcement of all laws for which each agency is responsible. This memorandum of understanding (MOU) will serve as a policy and set of guidelines for the administrative levy of civil penalties in this area.
The following guidelines categorize, by severity, the unlawful sections of the Food and Agricultural Codes. They are provided to promote uniformity in the assessment of penalties for quarantine and other violations. They do not preempt the need for state officials or individual counties to analyze quarantine violations on an individual basis and to levy appropriate civil penalties as determined by the facts of the case.
I. AUTHORITY
A summary of applicable authority for the administration of civil penalties can be found in the following cited sections of the Food and Agriculture Code. For purposes of enforcement in all civil actins, the provisions of the Code shall be liberally interpreted (Food and Agricultural Code, Section 3). The due process provisions of Section 5311 must be followed.
Division 4. Authority exists under Section 5311 to levy a civil penalty up to $2,500 for any violation of any requirement of this division except as provided in part 1, Chapter 8, Article 5 (commencing with Section 5781) relating to host-free periods and districts. Those sections which specifically provide for civil penalties are:
CACASA Handbook 137 May, 2008 A. Section 5028 – Maximum civil liability of $25,000 for causing an infestation
B. Section 5311 – In lieu of civil action, civil penalties, not exceeding $2,500, may be levied for each violation of a regulation of this division.
C. Section 5341 .5 - Maximum civil liability of $1,000 for failure to obtain a required certificate of inspection
II. VIOLATION CATEGORIES
The degree of "seriousness" of any offense shall be determined based on the degree of actual or potential damage which occurred, or could have occurred, as a consequence of the violation
Violations may be determined to be minor, moderate, or serious. This MOU defines each of these categories and gives examples for each. However, the final decision on the severity of any violation must be made on a case-by-case basis
A. Minor Violations - Violations which are primarily procedural and result in no or minimal adverse impact on the environment, on the agricultural industry or on enforcement. The appropriate penalty range is $50 to $750.
Examples of minor violations include: first time violations of a procedural nature from someone with little or no experience with quarantines, or violations of public nuisance standards.
Section 6155-6157 Caprifig violations.
B. Moderate Violations - Violations which are repeat minor violations, or those which cause significant damage, undermine enforcement, or pose a reasonable possibility of harming the agricultural industry or the environment. The appropriate penalty range is $750 to $1,500. Examples of moderate violations include: repeat minor violations or first time violations which might have an impact on the agricultural industry or the environment. Section 5307 Public servant's failure to report Section 6304-6305 Prohibited exotic animal importation without permit Section 6925 Nursery stock movement Section 7207 Noxious weed violation Section 7501 Unlawful seed dissemination C. Serious violations - Violations which are repeat moderate violations, those which preclude or significantly interfere with enforcement, or those which cause major harm to the agricultural industry or the environment. The
CACASA Handbook 138 May, 2008 appropriate penalty range is $1,500 to $2,500. However, there may be cases where criminal and/or civil prosecution may be more appropriate. The decision as to how to proceed should be made jointly by the Secretary and the Commissioner Examples of serious violations include: repeat moderate violations, unauthorized certificate use, failure to hold for inspection, and deliberate circumvention of quarantine laws. These might include violations of the following sections':
Section 5208 Certificate violation1; Section 5306 Refusal to comply with quarantine regulations Section 5344-6 Failure to stop and declare at a border station Section 5349 Deliberately bypassing a border station Section 5402 Public nuisance violation Section 5553 Abandonment of a public nuisance Section 5704-5 Movement under hold, compliance agreement violations Section 5803 Nursery stock propagation violation Section 5826 Nursery stock certificate misuse Section 6048 Hydrilla violations Section 6303-5 Quarantine shipment violations Section 6321 Fruit fly host importation prohibition Section 6401 Interstate shipment quarantine violations Section 6721 Nursery stock license requirement Section 6921-3 General nursery stock requirements Section 6926-7 Nursery stock manifest requirement Section 6970 Yielding of nursery stock permit Section 7206-7 Harboring of noxious weeds Section 7501 Pest seed dissemination Section 7534 Seed certificate misuse
2/5/97 Date Harry A Krug, President California Agricultural Commissioners and Sealers Association
Ann Veneman, Secretary 1/28/97 California Department of Food and Date Agriculture
CACASA Handbook 139 May, 2008 MEMORADUM OF UNDERSTANDING BETWEEN THE DEPARTMENT OF PESTICIDE REGULATION AND CALIFORNIA DEPARTMENT OF FOOD AND AGRICULTURE
BACKGROUND AND SCOPE
Food and Agricultural Code (FAC) section 11454.2
Pursuant to the Governor's Reorganization Plan No. 1 of 1991, effective July 17, 1991 [Food and Agricultural Code (FAC) section 11454.2], the California Environmental Protection Agency's Department of Pesticide Regulation (DPR) is required to consult with the California Department of Food and Agriculture (CDFA) regarding any action relating to special local need registrations pursuant to Section 136v of Title 7 of the United States Code, emergency exemptions from registration pursuant to Section 136p of Title 7 'of the United States Code, denial of new pesticide active ingredient registrations, suspension or cancellation of pesticide registrations or uses, or other measures adopted to mitigate unacceptable adverse pesticidal effects. The purpose of this agreement is to define the consultative relationship- between DPR and CDFA in order to ensure a smooth working relationship between the two departments and to ensure that CDFA is provided an opportunity to submit information to DPR, including, but not limited to, the impacts on agriculture resulting from "the specified actions, benefits derived from the use of a pesticide, and any recommended alternative action. This agreement establishes principles of agreement regarding the activities of the signatory agencies, identifies timelines for submission of information, and the types of information to be provided to DPR. This agreement does not limit CDFA in the lawful exercise of authority provided to CDFA pursuant to any other provision of law. PRINCIPLES OF AGREEMENT DPR and CDFA mutually agree that it is essential for CDFA to provide a consultative function to DPR regarding actions in the following areas. 1. Special Local Need Registrations and Section 18 Exemptions.
a. DPR will notify CDFA when an application for a special local need registration or a Section 18 exemption from registration is intended to be returned without evaluation, and will identify the deficiency.
b. DPR will provide CDFA with a copy of the weekly notice of registration applications that are being entered into evaluation, in a timely manner.
c. DPR will provide CDFA with a copy of the weekly Notice of Proposed Decisions, in a timely manner. This notice includes proposed decisions on special local need and Section IS exemption applications that have
CACASA Handbook 140 May, 2008 been submitted to, and have completed, the evaluation process. DPR will notify CDFA of any proposed decision to deny registration of a special local need or Section 18 exemption application. CDFA will he afforded 30 days to comment to DPR regarding the proposed decision. CDFA comments nay include the impacts on agriculture resulting from the proposed action, benefits derived from the use of the pesticide, and any recommended alternative action. DPR will respond in writing to all comments made by CDFA. 2. Denial of New Active Ingredient Registrations.
a. DPR will request in writing comments from CDFA regarding a possible decision to deny an application for. Registration of a new pesticide active ingredient. For new pesticide active ingredients which have bto the risk characterization process, DPR will notify CDFA of the possible decision no later than the time the draft risk characterization days, within which CDFA may comment to DPR. CDFA comments may include the impacts on agriculture resulting from the proposed action, benefits derived from the use of the pesticide, and any recommended alternative action. DPK will respond in writing to all comments made by CDFA.
b. For new pesticide active ingredients which have not been submitted to the risk characterization process, DPR will notify CDFA of -a possible decision to deny an application and request comments in writing, as soon as practicable. but in no event later than the notice of a proposed decision. In this case, CDFA will be afforded 30 days to comment. DPR will respond in writing to all comments made by CDFA. 3. Suspension or Cancellation of Pesticide Registration.
Except for emergency actions taken pursuant to FAC Section 12826, DPR will request in writing comments from CDFA regarding any of the proposed decisions to suspend or cancel pesticide registrations pursuant to the actions below. DPR will specify a time period, not less than 30 days, within which CDFA may comment. Comments may include impacts on agriculture resulting from the proposes action, benefits derived from the use of the pesticide, and any recommended alternative action. DPR will respond in writing to all comments made by CDFA.
(1) Actions taken pursuant to FAC Section 12825, relating to adverse effects on the environment, the public health and safety, or social welfare;
(2) Actions taken pursuant to FAC Section 12988, relating to the collection of worker health and safety data;
(3) Actions taken pursuant to FAC Section 13060, relating to the submission of necessary acute toxicity studies and modification of pesticide use necessary to prohibit a dietary risk that is deleterious to the health of humans;
CACASA Handbook 141 May, 2008 (4) Actions taken pursuant to FAC Section 13061, relating to modifications in the pesticide regulatory program necessary to further protect children from dietary exposure to pesticides;
(5) Actions taken pursuant to FAC Sections 13127 or 13127.2, relating to the failure to provide mandatory health effects studies on pesticides;
(6) Actions taken pursuant to FAC Section 13146, relating to failure to provide groundwater protection data. 4. Emergency Suspension Actions.
DPR will to the fullest extent practicable notify and consider comments from CDFA regarding emergency actions taken pursuant to FAC Section 12826*
5. Other Measures Adopted to Mitigate Unacceptable Adverse Pesticidal Effects.
a. DPR will notify CDFA of the development of regulations relating to pesticides and worker safety prior to the issuance of a notice of proposed rulemaking, i.e., at the same time the University of California and the Department of Industrial Relations are consulted pursuant to FAC Section 12980. DPR will specify a time period within which CDFA may comment prior to the issuance of the notice of the proposed rulemaking. DPR will respond in writing to all comments made by CDFA.
b. DPR will notify CDFA of the development of regulations relating to the possession and use of any restricted material pesticide prior to the issuance of a notice of proposed rulemaking. DPR will specify a time period within which CDFA may comment prior to the issuance of the notice of the proposed rulemaking. DPR will respond in writing to all comments made by CDFA comments made by CDFA.
c. DPR will provide CDFA with a copy of any proposed regulation which would declare a pesticide to be a toxic air contaminant. DPR will notify CFA that a determination of the need for, and appropriate degree of control measures is being considered, pursuant to FAC Section 14023(e). DPR will notify CDFA of the development of regulations relating to control measures, including best practicable control techniques, prior to the issuance of a notice of proposed rulemaking pursuant to FAC Section 14023(e). DPR will notify CDFA of the development of regulations relating to control measures, including best practicable control techniques, prior to the issuance of a notice of proposed rulemaking pursuant to FAC Section 14024. DPR will specify a time period within which CDFA may comment relevant to any of the above proposed action to DPR. DPR will respond in writing to all comments made by CDFA.
d. DPR will provide CDFA with a copy of the notification to a registrant that an economic poison meets the conditions specified in FAC Section 13149(a), relating to groundwater contamination prevention. DPR will inform when the subcommittee submits its findings to DPR. CDFA may submit information to
CACASA Handbook 142 May, 2008 DPR relevant to any of the findings that may be made pursuant to FAC Section 13150, at any time; however, if CDFA submits information within seven days after the subcommittee submits its findings to the director, then DPR will respond in writing to the comments made by CDFA. Comments may include: (1) possible modifications of a pesticide use so that there would be a high probability that the pesticide would not pollute the groundwaters of the state; or (2) possible severe economic impacts that would be caused on the state’s agricultural industry if the pesticide use was modified pursuant to (1) or cancelled, and that no alternative products or practices can be effectively used so that there is a high probability that pollution of the groundwaters of the state would not occur.
e. DPR will notify CDFA of other measures adopted to mitigate unacceptable adverse pesticidal effects. DPR will specify a time period within which CDFA may comment. DPR, will respond in writing to all comments made by CDFA.
6. CDFA will be granted access, comparable to that afforded to other state agencies, to DPR data on pesticides, on the condition that all rules governing the treatment of confidential information are properly observed.
This agreement shall become effective upon the date of final signature and shall continue in effect until modified by the mutual consent of both parties or until terminated by either party upon a thirty (3 0) day advance written notice to the other party.
California Department of Food and Agriculture
_2/6/1992 Henry .J. Vess, Director Date
Department of Pesticide Regulation
2/6/1992 James W. Wells, Director Date
CACASA Handbook 143 May, 2008 MEMORANDUM OF UNDERSTANDING BETWEEN THE DEPARTMENT OF HEALTH SERVICES AND THE DEPARTMENT OF PESTICIDE REGULATION FOR THE Protection of Human Health from the Adverse Effects of Pesticides
June 10, 1992
BACKGROUND
The Department of Health Services (DHS) within the Health and Welfare Agency of the State of California and the Department of Pesticide Regulation (DPR) within the California Environmental Protection Agency both have responsibilities relating to the protection of human health from the potentially adverse effects of pesticides. Both departments believe that the State will benefit from a unified and cooperative program to address problems of human health related to vectorborne disease and the use of pesticides.
The purpose of this Memorandum of Understanding (MOU) is to assure that the two departments exercise their respective authorities for protection of the public health, in a coordinated and cohesive manner, eliminating unnecessary overlap of activities or duplication of effort, and providing a consistent and protective public health stance.
SCOPE
This MOU establishes principles of agreement regarding activities of the signatory departments, identifies primary areas of responsibility and authority between them, and provides methods necessary to assure ongoing coordination of activities relative to such purposes. This MOU also describes how the agencies will work in cooperation to achieve the goals of the respective departments.
PRINCIPLES OF AREEMENT
I. Vector Control In order to ensure that pesticides registered for use in California are used in a manner that protects human health while recognizing the need for vector control, DHS and DPR mutually agree to comply with the following specific agreements concerning public health vector control and applicator certification.
A. Public Health Vector Control 1. DHS agrees:
CACASA Handbook 144 May, 2008 (a) to require that agencies which establish cooperative agreements with DHS, pursuant to Health and Safety Code Section 2426, seek the assistance of DPR in interpreting pesticide labeling;
(b) to require that agencies which establish cooperative agreements with DHS, pursuant to Health and Safety Code Section 2426, maintain adequate records of pesticide applications and to determine that such agencies maintain records that pesticide application equipment is correctly calibrated;
(c) to forward to DPR, and to a county agricultural commissioner on request, monthly pesticide use reports received from agencies which establish cooperative agreements with DHS, pursuant to Health and Safety Code Section 2426; •
(d) that the legal requirements associated with the use of restricted materials are in no way altered by (b) and (c) above.
2... DPR agrees:
(a) to notify DHS of any violations of pesticide laws or regulations by agencies which establish cooperative agreements with DHS, pursuant to Health and Safety Code, Section 2426.
(b) to consider the needs of public health vector control in regulations development and amendment.
3. DPR and DHS agree:
(a) to work cooperatively with persons who have registered or who wish to register pesticides with DPR in developing pesticide labeling which meets the needs of public health vector control programs;
(b) to cooperate in achieving compliance with legal requirements relating to pesticide use by agencies which establish cooperative agreements with DHS, pursuant to Health and Safety Code Section 2426.
B. Applicator Certification
1. DPR delegates to DHS responsibility for training, examining, certifying and continuing education of employees of governmental agencies who use or supervise the use of restricted use pesticides in public health programs for the management and control of vectors;
2. DHS agrees to develop training, examination and certification programs and materials in a manner which will ensure that federal and state standards and schedules are met. All such programs and materials will be subject to review and approval by DPR.
CACASA Handbook 145 May, 2008 II. Food and Drugs A. DPR and DHS agree:
1. that DPR has authority over the use of pesticides on produce and processed food, but there is overlapping authority for monitoring pesticide residues;
2. that DPR has authority to conduct pesticide monitoring of fresh market produce destined for processing, (Section 12534, Food and Agricultural Code), and produce which has an unknown destination (Sections 12581 and 12582, Food and Agricultural Code);
3. that DHS has authority to detect and prevent the adulteration food, including the authority to conduct pesticide monitoring of processed food (Section 26505.5, Health and Safety Code);
4. that the two departments will develop jointly a notification plan to be used when produce destined for processing carries an illegal pesticide residue or when fresh market produce carries a residue that presents a health concern.
B. DPR agrees to develop a plan to make available results of monitoring under Section 12534 of the Food and Agricultural Code. III. Drinking Water
A. DHS agrees:
1. that Section 13152 (c), Food and Agricultural Code, requires state agencies to supply well monitoring data to DPR;
2. to supply such data at least every 6 months, and to observe the June 30 cutoff date for DPR's annual report pursuant to Section 13152 (e), Food and Agricultural Code.
B. DPR agrees:
1. to provide DHS with ground water monitoring results which are confirmed positive for pesticide residues;
2. that Section 13148(c), Food and Agricultural Code, requires DPR to report to DHS all monitoring results conducted pursuant to this section;
3. to send to DHS the information specified in Section 13144(b), Food and Agricultural Code.
C. DPR and DHS agree to develop jointly a plan to cooperate in regulating water filters for which the manufacturer makes both health or safety claims, and antimicrobial claims other than mechanical filtration.
CACASA Handbook 146 May, 2008 IV. Clinical Laboratory Testing
A. DPR and DHS, in order to strengthen DPR's requirement for medical supervision, including required testing for cholines-terase inhibition, agree to:
1. develop jointly a plan to require certified clinical laboratories to use a validated test method for cholinesterase inhibition which will allow comparison of results between laboratories;
2. develop jointly a plan to require a quality control program in certified clinical laboratories to ensure the precision and accuracy of this method.
V. Control of Infectious Disease via Disinfection
A. DPR and DHS agree: 1. that disinfectants are defined as pesticides (Sections 11404, 12753 and 12754.5, Food and Agricultural Code) and are regulated by DPR and that DHS is concerned primarily with the prevention and spread of infectious disease in institutions, such as hospitals, through the use of disinfectants;
2. to establish jointly a plan for mutual consultation and sharing of information regarding disinfection-related health problems.
VI. Environmental and Occupational Morbidity and Mortality Investigations
DPR and DHS each agree to establish jointly a plan for collaboration and cooperation during pesticide-related environmental and occupational morbidity and mortality investigations.
VII Environmental Epidemiology and Exposure Assessment
A. DPR agrees that there are investigations of health effects, other than those noted in Section VI of this MOU, that are initiated by DHS for the purpose of determining associations between disease and environmental exposure to agents, including pesticides.
B. DHS and DPR agree to establish jointly a plan for cooperating in these investigations.
VIII. Formal Consultation
DPR and DHS agree: A. to develop a plan for consulting in the preparation of regulations pertaining to pesticides as defined in Sections 11404, 12753 and 12754.5, Food and Agricultural Code, prior to the issuance of public notice;
B. that DHS will have one representative each on the Pesticide Advisory Committee
CACASA Handbook 147 May, 2008 and the Pesticide Registration and Evaluation Committee, established in Section 6252, Title 3, California Code of Regulations;
C. that DPR will have one representative on the Vector Control Advisory Committee established by DHS;
D. to establish jointly a plan to assure that DHS has an appropriate role in the operation of the subcommittee of the Pesticide Registration and Evaluation Committee (Section13150 (b), Food and Agricultural Code), established to investigate pesticide residues in ground water.
IX. Communication of Health Information
A. DPR and DHS agree to establish jointly a plan for consulting prior to issuing health alerts, or press releases concerning health concerns relating to persons exposed to pesticide residues.
1. The above agreement is not meant to interfere with the ability of either department to respond to emergencies prior to consultation
X. Implementation Plan
DHS and DPR agree to develop jointly an implementation plan to describe in detail procedures to implement this MOU, and make specific the respective roles of units within the two departments. The goal is to accomplish this within six (6) months from the date this MOU is approved by both parties.
XI. Funding
Establishment of this agreement does not commit any interagency funding. In the event funds become available from any source which could involve interagency utilization, a separate agreement may be prepared.
XII. Effective Date
This agreement shall become effective upon the date of final signature and shall continue in effect until modified by the mutual consent of both parties or until terminated by either party upon a thirty (30) day advance written notice to the other party.
XIII. Dispute and Conflict Resolution
It is the desire of both agencies to establish a speedy, efficient, and informal method for the resolution of interagency conflicts. Conflicts which cannot otherwise be informally resolved will be referred to the Director of DHS and the Director of DPR.
CACASA Handbook 148 May, 2008 Department of Health Services
June 10, 1992
Department of Pesticide Regulation
June 10, 2002
CACASA Handbook 149 May, 2008 MEMORANDUM OF UNDERSTANDING BETWEEN THE CALIFORNIA CANTALOUPE ADVISORY BOARD AND THE DEPARTMENT OF FOOD AND AGRICULTURE Shipping Point Inspection Service
It is agreed and understood that the Shipping Point Inspection Branch of the California Department of Food and Agriculture has been employed as the Inspection Agency of the California Cantaloupe Advisory Board to perform the inspection services required by the Board through seasonal regulations which were effective as of April 15, 1991. The inspection and certification of cantaloupes in accordance with the provisions of the Cantaloupe Program, and the aforesaid Rules and Regulations established thereunder, shall be performed by the Inspection Agency in accordance with the following expressed conditions:
ARTICLE I
The Inspection Agency will issue Federal-State inspection certificates showing compliance on all inspected lots of cantaloupes which comply with the marketing order and the Rules and Regulations. Copies of such certificates shall be distributed to the Board and to the persons tendering cantaloupes for inspection. The Inspection Agency will issue certificates indicating all inspected lots which do not comply, and such certificates shall be distributed to the Board and to the persons tendering such cantaloupes for inspection. Such forms shall be furnished by the Inspection Agency. The Inspection Agency will apply or cause the application of (under direct supervision of Inspection Agency personnel) a Federal-State Lot number to each container of cantaloupes which comply with the provisions of the marketing order. This Federal- State Lot number shall be applied at the inspection point and immediately subsequent to inspection. This number will provide a positive link between the product inspected and the Federal-State Certificate on which it is certified to comply with said marketing order.
ARTICLE II
The Inspection Agency will provide necessary personnel at all inspection points to maintain a' free flow of fruit, in order to avoid undue delay and inconvenience in the packing of such fruit. Staffing levels and supervision of inspectors will be the responsibility of the Inspection agency only. The Board shall, at ail times and with sufficient notice to accomplish compilation of reports or records, have free access to any of the Inspection Agency's reports or records pertaining to services performed pursuant to this Memorandum.
ARTICLE III
The Inspection Agency agrees to exercise adequate supervision over employees engaged in this work to insure reasonably efficient service to the industry. Charges for
CACASA Handbook 150 May, 2008 inspection will be billed to handlers and shall be subject to review for conformity with this Memorandum upon the request of said handler or either signatory hereto. Inspections will be performed at time of packing ("In-Line") for both field and shed operations, however, when a considerable decrease in volume of production is anticipated for field packers, block inspections (at handler's shed or cooler) will be performed at the discretion of the inspection service. The method of inspection determined by the inspection service (field vs. block) for a specific handler shall apply to all product packed during that day by said handler. It is the responsibility of each handler to notify the local inspection agency office (list attached) of when and where inspection coverage is necessary, 24 hours in advance of time of packing.
ARTICLE IV
Affected cantaloupe handlers will pay the correct and proper bills submitted by the Inspection Agency for services rendered in performing necessary duties pursuant to this Memorandum. Handlers who maintain cash accounts with the Inspection Agency will be required to pay at time of inspection or present the inspection agency with a cash advance, the amount of which will be determined by the Inspection Agency supervisor. Handlers who maintain accounts guaranteed via use of a Surety Bond will be required to pay on invoice. Surety bonds for inspection services will be adequate to cover charges accrued during the two contiguous periods (60 days) of highest packed volume. late payment penalty will be charged on the past due unpaid balance of any account using the rate and accrual method stated in the Shipping Point Inspection Fee Schedule.
ARTICLE V
It is mutually agreed that the expenses and charges that are required by State laws or State regulations shall be in accordance with such laws and regulations. Services performed by the Inspection Agency will be at a rate of $31.00 per hour. Only hours expended traveling to and from the inspection point (portal to portal, beginning travel time from residence or office, whichever is closer) and those hours actually providing inspection and certification services will be charged at the $31.00/hour rate. All training and supervision costs will be included in this rate. There will be no additional overtime or mileage charges for services pursuant to the marketing order.
CACASA Handbook 151 May, 2008 MEMORANDUM OF UNDERSTANDING Between the CALIFORNIA AGRICULTURAL COMMISSIONERS AND SEALERS ASSOCIATION And The National Agricultural Statistics Service
PROJECT Exchange of California Agricultural Statistical Information
LEADERS President, California Agricultural Commissioner and Sealers Association, and the Administrator, National Agricultural Statistics Service, untied States Department of Agriculture.
LOCATION Sacramento, California
DATE EFFECTIVE July 1 1997
LEGAL AUTHORITY Organic Act: National Agricultural Research, Extension, and Teaching Policy Act of 1977, as amended; and the applicable laws of the United States and the State of California.
OBJECT To establish and maintain a cooperative agreement to coordinate activities between the National Agricultural Statistics Service and the California Agricultural Commissioners and Sealers Association in the collection, analysis and publication of statistical data for California counties. The agreement would reduce respondent burden and limit duplication of effort.
FUNCTIONAL BASIS The National Agricultural Statistics Service, United States Department of Agriculture, hereinafter referred to as "NASS", is charged with the responsibility for a National program of work of long standing in the collection and publication of production marketing statistics. In the conduct of the Federal program, established in accord with Congressional authority and appropriations, the NASS is primarily concerned with National estimates and estimates for individual States.
The California Agricultural Commissioners and Sealers Association, hereinafter referred to as the "CACASA", has numerous responsibilities for managing programs and agricultural enforcement
CACASA Handbook 152 May, 2008 activities at the county level. These programs include, amongst others, compiling an annual crop report and carrying out the 100 percent pesticide use reporting requirement.
The NASS and the CACASA, cognizant of their basic authorities and responsibilities, recognize that certain goals can be most efficiently and economically accomplished by combining their efforts.
METHOD OF PROCEDURE: Part 1 The NASS
a) Through the California State Statistical Office,will work with CACASA to eliminate, extent possible, duplicate requests for crop report information from producers and processors.
b) Will provide county agricultural commissioners with commodity data, when available through NASS Federal surveys, that are of value to counties in compiling the county annual crop report when requested in writing by those commissioners
c) Will provide training requested by county agricultural commissioners on a regional basis, to further enhance the crop reporting process.
METHOD OF PROCEDURE: Part 2 The CACASA a) Will provide to the NASS California State Statistical Office data collected by the County Agricultural Commissioners and useful to the Federal program.
b) Will make available pesticide permit names, addresses and ID numbers on an annual basis.
METHOD OF PROCEDURE: Part 3 Mutual Understanding It is mutually understood and agreed that:
a) This Memorandum of Understanding is to define in general terms the basis on which the parties concerned will cooperate, and does not constitute a financial obligation to serve as a basis
CACASA Handbook 153 May, 2008 for expenditures. The responsibilities assumed by each of the cooperative parties are contingent upon their respective authorizations under Federal or State statutes.
b) It is of the utmost importance to protect confidential information, including the data itself as well as the source. In the case of Federally- collected information, counties will a bide by U.S. Code, Title 7, Section 2276 which (1) prohibits use of voluntarily supplied data for any purpose other than the development or reporting of aggregate data, (2) prohibits disclosing information to the public which does not protect the identity of the person supplying the data, (3) specifically states that individual reports shall be immune from mandatory disclosure, including the legal process, and (4) shall not be admitted as evidence or for any other purpose in any action, suit, or other judicial or administrative proceeding. For county-collected information, NASS will adhere to the same confidentiality requirements.
c) Nothing herein or in the performance of the work contemplated hereunder shall be used for the political advancement or advantage of any official or employee of either party to this Memorandum of Understanding.
d) Both the NASS and the CACASA reserve their respective rights to collect other information than that relating to the joint program of work covered by this agreement, and such data may be obtained from any sources and by any means available.
MEMBER OF CONGRESS No member of or delegate to Congress, or resident commissioner, shall be admitted to any share or part of this agreement or to any benefit that may arise there from.
DURATION This Memorandum of Understanding shall continue in force indefinitely; PROVIDED, however, that this Memorandum of Understanding may be terminated or amended at any time by mutual consent, or by either party hereto, by giving written notice to the other party not less than 30 days in advance of the desired date of termination.
CACASA Handbook 154 May, 2008
Mark Togrfazzini, President Date California Agricultural Commissioners and Sealers Association
Donald Bay, Administrator Date National Agricultural Statistics Service U.S. Department of Agriculture
CACASA Handbook 155 May, 2008 MEMORANDUM OF UNDERSTANDING between CALIFORNIA DEPARTMENT OF FOOD AND AGRICULTURE CALIFORNIA AGRICULTURAL COMMISSIONERS AND SEALERS ASSOCIATION CALIFORNIA RESOURCES AGENCY U.S. DEPARTMENT OF AGRICULTURE, ANIMAL PLANT HEALTH INSPECTION SERVICE U.S. DEPARTMENT OF AGRICULTURE, FOREST SERVICE U.S. DEPARTMENT OF DEFENSE, AIR FORCE U.S. DEPARTMENT OF THE DEFENSE, ARMY DEPARTMENT OF THE ARMY, U.S. CORPS OF ENGINEERS, SOUTH PACIFIC DIVISION U.S. DEPARTMENT OF INTERIOR, FISH AND WILDLIFE SERVICE U.S. DEPARTMENT OF INTERIOR, BUREAU OF INDIAN AFFAIRS U.S. DEPARTMENT OF INTERIOR, BUREAU OF LAND MANAGEMENT U.S. DEPARTMENT OF INTERIOR, BUREAU OF RECLAMATION AND OTHERS
Noxious Weed Act
AUTHORITY
The Federal agencies are entering into this Memorandum of Understanding pursuant to the Federal Noxious Weed Act of 1974 (P.L. 93-629) (7 U.S.C. 2801 et seq.) as amended by the Food, Agriculture, Conservation and Trade Act of 1990; Section 1453 ("Section 15, Management of Undesirable Plants on Federal Lands"); and the Carson- Foley Act (Public Law 90-583). The California agencies are entering into this Memorandum of Understanding pursuant to the California Food and Agriculture Code, Section 403 and Title 3, California Code of Regulations, Section 4500
PURPOSE The purpose of this Memorandum of Understanding is to coordinate the management of undesirable plants on Federal and State Lands. Additional agreements between agencies or groups for this purpose may be developed to outline activities by and between individual work units as needed for specific tasks. Such agreements will provide for the use of facilities, personnel, reimbursements for personnel expenses, cooperative projects, transfer of funds, and other activities as appropriate and be subject to the laws and regulations pertaining to the respective agencies. Priority will be placed on the eradication, control or containment of "A" rated weed species and localized infestations of "B" and "C" rated weed species according to California Administrative Code 4500 and as defined in other undesirable plant species will be addressed on a case by case basis. A common goal for all parties is to minimize the populations of undesirable and noxious plants and to enhance the overall natural bio- diversity of ecosystems in concert with the Memorandum of Understanding titled "The Agreement on Biological Diversity" of September 19, 1991.
CACASA Handbook 156 May, 2008 INTENT
This Memorandum of Understanding is to further the intent of the Federal Noxious Weed Act of 1974, as amended and the parties agree to regulatory or other requirements where doing so would further this intent.
OBJECTIVES
1. Coordinate the management of undesirable plants on federal land, state and private lands where such lands are associated together with manageable infestations or threats of infestations of undesirable plant species.
2. Promote and implement an integrated management system with consideration of using all available methods for the prevention, eradication, control and containment of undesirable plants.
3. Exchange information and awareness among the parties to the Memorandum of Understanding regarding locations of infestations, management techniques, and strategies for managing undesirable plants.
4. Identify opportunities between agencies for the further development of joint or cooperative management projects for specific locations needing undesirable plant management.
ROLES OF THE PARTIES
CALIFORNIA DEPARTMENT OF FOOD AND AGRICULTURE
1. Provide a current list of "Pest Ratings of Noxious Weed Species and Noxious Weed Seed" from the California Department of Food and Agriculture to all signing agencies.
2. Recommend the proper treatment method for "A" rated weeds, in coordination with the County Agriculture Commissioner and the affected agency.
3. Call together the annual meeting for all signing agencies to the Memorandum of Understanding.
4. Provide technical assistance to agencies requesting control methods available for undesirable plant management.
5. Identify biological control organisms that could be introduced or that have become established and could be disseminated to other locations.
4. Send out annual reports concerning eradication activities and acreage to all signing agencies.
CACASA Handbook 157 May, 2008 CALIFORNIA AGRICULTURAL COMMISSIONERS
1. Monitor herbicide use and applications for compliance with state and federal regulations.
2. Contact local private property owners as necessary for survey or treatment of noxious weeds.
3. Conduct or assist in surveys and treatments of noxious weeds, when labor and funding are available.
CALIFORNIA RESOURCES AGENCY
1. Inventory and control undesirable or noxious plant species on lands managed by the departments under the Resources Agency, including the California Department of Forestry and Fire Protection, California Department of Parks and Recreation, and California Department of Fish and Game. All actions will be undertaken only within the limits of existing funds and authority of these departments.
2. Encourage means for providing shared funding for undesirable or noxious plant management through individual cooperative agreements between the respective department and the California Department of Food and Agriculture.
3. Consult and cooperate with other agencies as appropriate in the development of necessary environmental documents and the resulting decisions.
FEDERAL AGENCIES
1. Inventory and control undesirable or noxious plant species on lands within the jurisdiction of that respective agency, in coordination with the California Department of Food and Agriculture, California Agriculture Commissioners, and other agencies and land owners as appropriate.
2. Encourage means for providing shared funding for undesirable or noxious plant management through individual cooperative agreements between the respective agency and the California Department of Food and Agriculture and/or the California Agriculture Commissioners. All actions by the federal agencies are subject to the availability of funding.
3. Consult and cooperate with other agencies as appropriate in the development of necessary environmental documents and the resulting decisions concerning management of undesirable or noxious plants.
CACASA Handbook 158 May, 2008 THE UNDERSIGNED PARTIES MUTUALLY AGREE To:
1. Designate an individual from each agency to coordinate undesirable plant management with other agencies. Each agency should appoint a designated individual within 30 days of signing this memorandum and identify any replacement thereafter.
2. Create a working group among the groups represented in this Memorandum of Understanding to share information on undesirable plant species and various methods of prevention and control. This group will meet at least annually.
3. Cooperate with each other in the eradication or containment of state-rated "A" noxious weeds and "B" and "C" rated noxious weed species where feasible opportunities exist. The California Department of Food and Agriculture may be limited by statute and/or funding to participate in the management of undesirable plant species not identified on the above lists.
4. Promote and implement an integrated pest management approach to undesirable plants using all available methods, including, but not limited to:
a. education
b. preventative measures
c. physical or mechanical methods
d. biological agent
e. herbicide methods
f. cultural methods
g. general land management practices e.g., manipulation of grazing, reseeding with native species, etc.
5. Identify further opportunities among the appropriate agencies for the development of site specific management projects to be implemented at the local level within the agencies jurisdictional and financial capabilities for the management of undesirable plants.
6. Allow for the development of cooperative agreements between cooperating agencies for the management of undesirable plants on a local basis.
SOVEREIGN IMMUNITY
Each party specifically reserves any claim it may have to sovereign immunity as a defense to any action arising in conjunction with this Memorandum of Understanding.
CACASA Handbook 159 May, 2008 MEMORANDUM OF UNDERSTANDING
This agreement may be amended by written mutual agreement of all parties. This agreement shall be effective upon signing by the respective party, which should continue unless terminated by all signed parties. Any signatory may withdraw from this agreement at any time by providing a 90 day notice to all other signatories. This agreement shall be reviewed together by all participating parties annually for clarity or for modification.
AGENCY DATE
/S/ 12/6/94 /S/ 4-5-95 Director of Plant Industry Department of the Army California Department of Food and U.S. Army Corps of Engineers Agriculture South Pacific Division
/S/ 12/6/94 /S/ 11/30/94 Director of Plant Industry Acting Regional Director California Department of Food and U.S. Department of Interior Agriculture Fish and Wildlife Service
/S/ Dec. 15, 1994 /S/ 2/14/95 President Area Director California Agriculture Commissioners and U.S. Department of Interior Sealers Association Bureau of Indian Affairs
/S/ 3-20-95 /S/ 11/23/94 Secretary California State Director The Resources Agency U.S. Department of Interior Bureau of Land Management
/S/ 12-8-94 /S/ 11/28/94 Regional Director, Western Region Regional Director U.S. Department of Agriculture U.S. Department of Interior Animal Plant Health Inspection Service Bureau of Reclamation
/S/ 3/28/95 /S/ Feb 18, 1995 Regional Forester, Pacific Southwest Region Deputy Assistant of the Air Force U.S. Department of Agriculture Forest Service (Environment, Safety and Occupational Health)
CACASA Handbook 160 May, 2008 California Agricultural Commissioners and Sealers Association Memorandum of Understanding California Department of Food and Agriculture And California Agricultural Commissioners and Sealers Association
Compilation of Agricultural Statistics The functions and responsibilities of the California Department of Food and Agriculture shall include the following: 1) To promote uniformity in all phases of county crop reporting, as resources allow, so that the annual reports submitted to the Secretary will be compatible. 2) To publish agricultural statistics in the CDFA Annual Resource Directory as provided by county Agricultural commissioners and summarized by USDA. 3) To provide funding to USDA/California Agricultural Statistics to handle mailing and subscription services for the Annual Resource Directory. 4) To provide funding to USDA/California Agricultural Statistics to help offset Agricultural Statistics expenses incurred in analyzing and preparing the Agricultural Commissioner’s Data publication each year. 5) To compile and publish disaster damage totals submitted by County Agricultural Commissioners and other sources as the need arises in a manner consistent with other agencies. 6) To provide counties with commodity data that becomes available through State statistical programs. 7) To consult with County Agricultural Commissioners on mutual problems. 8) To honor the confidentiality of county data provided by the county for special purposes. 9) To promote the maximum use of the published county data among the State’s agencies. private individuals, and business organizations. The functions and responsibilities of the County Agricultural Commissioner shall include the following: 1) To collect and prepare the basic annual crop report data in a manner that will provide the most reliable and accurate estimates of acreage, yield, production, and value. 2) To present the material to the Secretary in a uniform manner so those reports are comparable and will be of the maximum value to the Department. 3) To consult with Department representatives on problems concerning data collection and statistical methods of compilation. 4) To maintain confidentiality of basic data obtained from individuals and firms providing such data.
CACASA Handbook 161 May, 2008 5) To compile and report crop disaster damage totals to the Secretary as needed. (Replaces CPS-AS1 originally adopted in Sacramento, January 11, 1956; reaffirmed December 5, 1968. Edited and revised December, 1974. Reaffirmed May 23, 1975.Revised at Lake Tahoe, May 24, 1999)
Paul Boch, Executive Secretary-CACASA Date
Concurred in by the Director, California Department of Food and Agriculture:
William L. Lyons, Director-CDFA Date
CACASA Handbook 162 May, 2008 POLICY The County Agricultural Commissioner in California
As prescribed by state law, the County Agricultural Commissioner is responsible for the local administration of statewide enforcement programs which protect the agricultural industry and environment of the State and protect the public health, safety and welfare.
In fulfilling this responsibility and to preserve a viable system of production and delivery of an abundant supply of wholesome food and fiber to domestic and export consumers, the County Agricultural Commissioner shall:
1. Protect the agricultural resources and environment of California in a manner that will result in the greatest long-term benefit to all;
2. Preserve local determination in administering statewide laws and regulations, and insure that all interagency and joint policies provide adequate flexibility to accommodate local concerns and resources;
3. Protect the agricultural industry, the public, and the environment through enforcement of existing laws and regulations; support beneficial legislation and oppose that which is not;
4. Protect the agricultural industry and the environment from the introduction and spread of damaging pests, and abate pest infestations based on statutory authority when it is in the public interest and welfare;
5. Encourage and promote the suppression of pests by biological, cultural, mechanical, chemical, or any combination of these methods, and use regulatory authority to suppress pests by the interruption of their life cycles;
6. Protect people, animals, property and the environment from exposure to harmful pesticides by the enforcement of all laws and regulations which provide for their appropriate, safe, and efficient use;
7. Protect consumers from fraud and deception and assure marketing equity among producers and among shippers in the distribution of fruits, nuts, vegetables, eggs, and honey by the uniform enforcement of minimum standards of quality, packaging, and labeling established for these commodities;
8. Encourage development of alternate disposal methods for substandard commodities to prevent waste;
9. Publish an annual report of each county's agricultural production as a basis for the logistical support of the industry, and compile special reports as required; and 10. Provide, without political bias, effective, uniform, and objective administration of the responsibilities and functions over which the Commissioner has jurisdiction. Adopted 5/24/79
CACASA Handbook 163 May, 2008 POLICY
Political Reform Act
It is the policy of the California Agricultural Commissioners Association to conform explicitly with the Political Reform Act of 1974.
Adopted July 27, 1977
CACASA Handbook 164 May, 2008 MODEL POLICY
Vertebrate Pest Management
COUNTY
1. Purpose: The purpose of this policy is to establish a uniform and equable procedure for providing assistance invertebrate pest management to landholders in County.
2. Responsibility: The Agricultural Commissioner of County has the responsibility for implementing this policy and enforcing all the applicable laws and regulations pertaining to vertebrate pest management.
Safety to man, domestic animals, the environment, and non-target wildlife will be stressed in all programs of vertebrate pest management.
3. Definitions:
a. "Vertebrate Pests" includes rodents, crop depredating birds, and other animal pests which cause losses to the agricultural industry and the general public or are of public health significance.
b. "Control Material" means any economic poison or device used for vertebrate pest management,
c. "Plague Areas" means those areas designated by the State Department of Health, in accordance with Sections 6021-6024, California Food and Agricultural Code.
4. Authorization: Section 6024 Food and Agricultural Code, subject to applicable State laws, the Agricultural Commissioner is hereby authorized to:
a. Prepare and sell control materials at cost. Sale to irresponsible persons shall be refused and quantities sold may be limited to actual needs.
b. Prescribe and enforce conditions for the safe and effective use and storage of control materials as may be deemed necessary.
c. Conduct vertebrate pest management operations when feasible and necessary for the protection of agriculture, public health and natural resources within the county.
(Adopted December 3, 1970. Amended and reaffirmed May 17, 1983.)
CACASA Handbook 165 May, 2008 Weed Control Policy
Controlling and eradicating noxious weeds in the State contributes to the public welfare by increasing agricultural production, improving our environment, improving our health and safety, conserving soil and water, increasing farm income, reducing crop production costs and thereby reducing commodity costs to the consumer.
The policy of the California Department of Food and Agriculture is to:
(1) Prevent the establishment and spread of noxious weeds,
(2) Encourage and implement eradication of infestations of certain weed species,
(3) Encourage and assist in the organization of noxious weed control programs,
(4) Cooperate with the University of California in coordinated weed control trials,
(5) Cooperate with the county, agricultural commissioners and others in developing weed control measures, conducting weed surveys, and making project analysis,
(6) Cooperate in developing necessary weed control legislation, and,
(7) Promote the biological control of weeds.
DESIGNATION OF SPECIES
Noxious weeds for the purpose of this policy include pest designations "A", "B" and "C", as described in Division of Plant Industry Pest Rating List of Noxious Weeds, An "A" pest is a weed of known economic importance not known to be established in the state or, a weed occurring as a localized infestation, and is subject to eradication, quarantine regulation, containment, rejection or other holding action at the state-county level,
A "B" pest is a weed of known economic importance and of limited distribution in the state that is subject to intensive control or eradication, containment or other holding action at the discretion of the commissioner,
A "C" pest is a weed of known economic importance and of general distribution subject to state endorsed holding action and eradication only when found in a nursery. Action to retard spread outside of nurseries is at the discretion of the commissioner. The criteria for determining the classification of a noxious weed shall be based upon:
(1) Economic importance, (2) Ability to spread, (3) Difficulty Of control, and (4) Distribution.
CACASA Handbook 166 May, 2008 PROCEDURE
The Department shall encourage locally financed programs for the purpose of eradicating noxious weed species. When the Director, after consultation and investigation, finds that a county cannot undertake eradication of an "A" pest without assistance from the Department, he may then enter into a cooperative agreement with the Board of Supervisors or, in cooperation with the agricultural commissioner take other action necessary to eradicate the pest or prevent its spread.
The extent of the Department's financial and physical participation in an eradication program, unless such participation is specified by provisions of the Food and Agricultural Code, shall be determined on the following additional factors:
(1) The actual or potential economic importance of the designated species to the county or counties where the infestation occurs.
(2) The actual or potential economic importance of the designated species to the remainder of the state.
(3) The cost and difficulty of control or eradication.
(4) The budgeted funds available for such purposes.
The Department shall make control recommendations, assist in project surveys and evaluations, and extend other assistance as required.
/S/ , 9/30/83 (Executive Secretary) (Date)
/S/ , 9/30/83 (Director) (Date)
CACASA Handbook 167 May, 2008 POLICY
Pesticide Policy
WHEREAS, pesticides are required for the control of many destructive insects, diseases, nematodes and weeds; and
WHEREAS, these plant pests interfere with the production of an ample supply of clean, wholesome and safe food so necessary to feed our expanding population; and
WHEREAS, these plant pests are destructive to ornamental and other valuable landscape plants which enhance the beauty and esthetic value of our homes, parks and recreational areas; and
WHEREAS, there is indisputable evidence that these pesticides can be used safely based on directions and registrations for their use as established through painstaking and valid research; and
WHEREAS, pesticides are constantly under attack charging them with being a major source of pollution of the nation's waters, as being a serious contaminant of our food supply, and as being a serious threat to wildlife and other values in the ecosystem; and
WHEREAS, there are pressures from some sources to completely ban the manufacture and use of certain pesticides which are of unquestioned value and furthermore are the only pesticides available for the control of specific destructive pests; and
WHEREAS, there are no problems associated with the use of pesticides which cannot be resolved by the elimination of certain uses and the careful regulation of other approved uses; and
WHEREAS, the California Agricultural Commissioners Association does recognize the above principles, as adopted by the Western Plant Board at its 50th Annual Meeting at Boise, Idaho, on the 24th day of April, 1969, as necessary and vital to our economic well being and to the protection of the public and the consumer,
NOW THEREFORE BE IT RESOLVED, that the California Agricultural Commissioners Association at its 57th Annual Meeting at Kelseyville, California, on the 16th day of May, 1969, does accept and adopt the principles as outlined by the Western Plant Board; and
BE IT FURTHER RESOLVED, that the California Agricultural Commissioners Association recommends strong opposition to the arbitrary banning of pesticides by legislative action and instead advocates the establishment of proper and adequate controls on pesticide use which will preclude any hazard to human health, and which will afford protection and prevent damage to other values in the total ecosystem.
CACASA Handbook 168 May, 2008 /S/ WILLIAM FITCHEN Executive Secretary
Adopted May 16, 1969 Reaffirmed May 23, 1975
CACASA Handbook 169 May, 2008 POLICY
Crop Report Deadline
April 1 shall be established as the target date for the submission of crop report information to the California Department of Food and Agriculture.
Adopted May 16, 1960 Reaffirmed November 20, 1964 Reaffirmed May ll, 1973 Reaffirmed May 23, 1975
Uniformity of Egg Reinspection
When a lot of eggs has been rejected and returned to the point of origin for reconditioning, the inspector at point of origin shall require the lot to be reconditioned before he makes any inspection.
Adopted February 25, 1965 Amended May 23, 1975
CACASA Handbook 170 May, 2008 1993 WINTER CONFERENCE FOUNTAIN SUITES
TO: BOARD OF DIRECTORS CACASA EXECUTIVE COMMITTEE
FROM: MONTY H. HOPPER, CACASA DEVICE CHAIRMAN
SUBJECT: PAPER SEALS; HISTORY/PROPOSAL
At the combined meeting of the Sacramento Valley, San Joaquin and Southern Groups, September 2, 2003, it was proposed to your Board that a color rotation for Weights and Measures seals be adopted by 1995 (see attached).
The following is a list of year and color of the paper seals:
YEAR COLORS YEAR COLORS 1973 BLACK/ORANGE 1984 BLACK/YELLOW 1974 BLACK/GREEN 1985 GREEN/WHITE 1975 BLACK/YELLOW 1986 BLACK/GOLD 1976 RED/BLUE SQUARE 1987 ORANGE/WHITE 1977 BLACK/YELLOW SQUARE 1988 BLUE/WHITE 1978 BLACK/BLUE SQUARE 1989 BLACK/YELLOW 1979 BLACK/DARK GREEN 1990 AQUA/WHITE 1980 BLACK/YELLOW 1991 BLACK/ORANGE 1981 GREEN/WHITE 1992 BLACK/BLUE 1982 ORANGE/WHITE 1993 RED/WHITE 1983 BLUE/WHITE 1994 BLACK/WHITE
As you can see, there is no pattern. For purpose of discussion and resolution of this issue, I propose the following color rotation beginning with the year 1995:
YEAR COLORS YEAR COLORS
1995 BLACK ON YELLOW 1998 BLUE ON WHITE 1996 GREEN ON WHITE 1999 REPEAT 1997 RED AND WHITE
Once decided upon, I recommend that the rotation of seal colors be entered into our By-laws for reference, with provisions for changing the sequence by democratic procedure.
CACASA Handbook 171 May, 2008 Agricultural Commissioner
Position
The Agricultural Commissioner is a county officer responsible for the County Department of Agriculture, as a department head. Acting under general administrative direction of the County Board of Supervisors, and/or their delegated officers; and under program supervision of the Director, California Department of Food and Agriculture, provides for the enforcement of all laws, rules, and regulations which pertain to the office of the County Department of Agriculture within his/her area of jurisdiction. This position may, at county option, be assigned administrative responsibility over other county departments and/or programs.
The Agricultural Commissioner is often required to discuss and clarify agricultural issues of interest to the community. This county officer is commonly held forth as the principle local authority on matters pertaining to/or affecting agriculture.
Typical Tasks
1. Plan, develop, staff, direct, and control countywide programs.
2. Develop and implement policies which complement State agricultural laws and regulations; and those laws and regulations pertaining to a county department,
3. Interviews applicants for employment, hires new employees, evaluates employee performance, hears grievances, and is responsible for employee discipline.
4. Provides for and maintains an in-service training program and stimulates employee development and advancement.
5. Reviews the procedures and practices followed in the Department, conferring with subordinates to plan, develop, and initiate changes when advisable.
6. Conducts staff meetings to explain and interpret directives, to discuss the work of the Department and keep employees informed.
7. Directs the maintenance of official records, documents, and correspondence.
8. Directs the preparation and submission of periodic and special reports required by the Department of Food and Agriculture or the county relating to official actions and county conditions.
9. Prepares, submits, and justifies the Department's budget; and effectively utilizes resources provided by the approved budget.
10. Documents, safeguards, and dispenses funds received from sale of materials, services rendered, or professional registration.
CACASA Handbook 172 May, 2008 11. Conducts hearings on violations. Determines enforcement sanctions and initiates other enforcement options.
12. Represents the county at local and State meetings and conferences; and confers with State and federal personnel and other agricultural commissioners.
13. Appears and testifies before local, State and federal political bodies.
14. Meets and works cooperatively with other county department representatives, other agricultural commissioners, Department of Food and Agriculture, and other State and federal personnel; and provides leadership when selected or necessary.
15. Maintains contact with community organizations, the press and other media, and the public generally. Provides agricultural and other information of general interest to the community.
Required Qualifications
A. Knowledge of:
1. State laws, regulations, policies, and agreements pertaining to the function of the County Department of Agriculture.
2. California Agricultural Commissioners Association policies, agreements, memorandums of understanding, and code of ethics.
3. County government organization and Department responsibilities.
4. State laws, county ordinances, policies, procedures, and methods of operations of a county department.
5. Principles of effective administrative management and organization.
6. Personnel management and training including emphasis on safe working conditions, affirmative action, performance appraisals, and favorable morale.
7. Principles of county budgeting including funding sources and operating procedures.
8. Rules of evidence, investigating techniques, and court procedures.
9. Duties performed by the Department's various programs.
10.Resources available to perform duties.
11.General agricultural practices and issues.
CACASA Handbook 173 May, 2008 12.Personal conduct expected of a county official.
B. Ability to:
1. Provide effective leadership at all times.
2. Interpret and apply laws, regulations, ordinances, agreements, contracts, and policies applicable to the position.
3. Work cooperatively with other public agencies and with groups and individuals affected by activities of the Department.
4. Analyze situations accurately and take effective action.
5. Communicate ideas clearly, both orally and in writing.
6. Direct the work of others and train subordinates.
7. Identify key issues/problems and propose creative, problem-solving solutions.
8. Develop supportive relationships with county government leaders.
9. Maintain a management perception and stance in county and departmental operations.
10.Obtain a civil bond.
C. Experience:
1.Demonstrated leadership and/or management ability.
2.Demonstrated speaking and writing abilities.
3.Worked effectively as a deputy agricultural commissioner or supervising biologist/inspector.
CACASA Handbook 174 May, 2008 Deputy Agricultural Commissioner
Position
The Deputy County Agricultural Commissioner is a supervisory and/or management- level position that assists the County Agricultural Commissioner in the enforcement of all laws, rules and regulations which pertain to the County Department of Agriculture, and does other work as required.
The Deputy Agricultural Commissioner may function as:
1. An assistant to the Agricultural Commissioner, middle management with full-staff supervisory responsibilities, budget preparation and management of the Department in the absence of the commissioner.
2. An area or district supervisor planning, organizing, directing, and coordinating all or a portion of the commissioner's programs in an assigned region.
3. A program supervisor in a headquarters assignment, planning, training, coordinating and maintaining a countywide uniformity of program operations.
Typical Tasks
1. Plans work schedules and makes job assignments.
2. Trains or makes arrangements for training of new employees.
3. Communicates changes in operations to employees.
4. Monitors work practices to assure effectiveness and conformity with established legal requirements, job standards, and safety measures.
5. Prepares periodic performance appraisals or reports on employees.
6. Assists in the selection of employees either directly or through preparation of job descriptions.
7. Takes disciplinary action when necessary, either directly or through recommendation.
8. Supervises or handles remedial legal actions required to obtain compliance with laws and regulations.
9. Prepares a portion of the Department's annual budget and operates within it.
10. Compiles information to determine costs of performing various tasks, services, or providing supplies.
CACASA Handbook 175 May, 2008 11. Supervises some clerical functions.
12. Maintains an inventory of equipment and supplies.
13. Gives talks to various groups on departmental activities.
14. Leads and/or serves on interdepartmental committees.
15. Prepares reports and correspondence.
16. Works with members of agricultural industry and other industries, and agencies.
17. Obtains compliance, preferably by education rather than from enforcement.
Required Qualifications
A. Knowledge of:
1. State laws, regulations, policies, and agreements pertaining to the function of the County Department of Agriculture.
2. California Agricultural Commissioners Association policies and agreements.
3. Principles of effective supervision.
4. Personnel management and training including emphasis on safe working conditions, affirmative action, and disciplinary measures.
5. Basic principles of county budgeting methods including funding sources.
6. Principles of administrative organization.
7. County organization and general operations.
8. Rules of evidence, investigating techniques, and court procedures.
9. The normal duties performed in the Department's programs.
10. General agricultural practices and issues.
B. Ability to:
1. Interpret and apply laws, regulations, ordinances, agreements, contracts,
and policies applicable to the position.
CACASA Handbook 176 May, 2008 2. Work cooperatively with other public agencies and with groups and individuals affected by activities of the Department. 3. Analyze situations accurately and take effective action.
4. Speak and write effectively.
5. Direct the work of others and train subordinates.
6. Provide leadership to small groups.
7. Identify key issues/problems and propose creative, problem-solving solutions.
8. Maintain bearing under pressure.
9. Work supportively with the Department head.
10. Maintain a management perception and stance in departmental operations.
11. Work with a minimum of supervision--"self-starter" type.
C. Experience:
1. Demonstrated leadership and/or supervision.
2. Demonstrated speaking ability.
3. Worked as an agricultural biologist/inspector.
CACASA Handbook 177 May, 2008 GUIDELINES
Safety Guidelines for Facilities and Equipment Used in the Formulation of Vertebrate Pest Control Baits
These guidelines may be used in determining needs for vertebrate pest control facilities and equipment. Further investigation is advised to comply with current requirements of other Federal, State or County agencies.
A. GENERAL WAREHOUSE WORKROOM
1. Passageways, storerooms, service rooms and work areas should be clean and aisles should be clear.
2. All stairs with four or more risers should have standard hand rails.
3. Portable step ladders should be in good condition,
4. Portable rung ladders should have safety feed securely bolted or fastened.
5. Wood ladders should be equipped with non-slip material on rungs.
6. Metal ladders should be equipped with non-slip material on rungs.
7. Metal ladders should not be used in areas where exposed to electric circuits.
8. Exits should be visible and clearly marked and illuminated by a reliable light source,
9. Work areas should have at least two exits.
10. Where exits are not clearly visible from work areas, signs pointing to exits should be posted.
11. Approved containers for flammable materials should be available and used.
12. Hard hats should be provided and used in areas where impact of falling object hazards exist.
13. Employees handling heavy solid objects should be provided with protective footwear.
14. Fire extinguishers for necessary classes of fire should be visibly mounted.
CACASA Handbook 178 May, 2008 15. Extinguisher tops should not be more than five feet above the floor. Those over 40 pounds should not be over 3 1/2 feet above the floor.
16. Access to extinguishers should not be hindered in any way.
17. All materials should be piled, racked or stored in a safe manner.
18. High lift trucks should have overhead guards and a working horn.
19 Lift trucks should have load limit posted visible to operator.
20. Operators of lift trucks should be instructed and trained as to use, and no one under 18 years of age should operate them.
21. Identity of all materials should be maintained at all times.
22. Compressed air cleaning equipment should be limited to less than 30 psi and should be chip guarded.
23. Unused or abandoned electric receptacles should be plate covered.
24. Drop cords, trouble lights and extension cords should be of three wire, rubber coated and three prong type.
25. Circuit breaker switches should identify which circuits they control.
26. Access to electrical panels should be unobstructed.
27. Employee safety meetings should be scheduled and held at regular intervals.
28. Proper signs indicating hazards should be posted. (Fire extinguishers, air compressor, poison storage areas, eyewash and emergency shower, high voltage, first aid kit, grinders, poison storage containers and equipment, etc.)
29. Storage of flammable materials should be in separate area from non- flammable materials.
30. Floors (in formulating area) should be sealed with an impervious and non- skid type material to prevent slippage.
31. If flammable materials are used, spark proof motors/switches and explosion proof motors should be used.
CACASA Handbook 179 May, 2008 B. POISON MIXING EQUIPMENT AND AREA
1. Floor pits (to bucket elevators),where provided, should be covered with a guard over pit (maximum opening 3"), or guarded over chain drive and bucket shear points.
2. Pullies (on equipment) should be guarded to prevent any access to moving parts.
3. Adequate lighting should be provided to illuminate the work area.
4. Septic system (for poisonous wastes) should be the enclosed type and able to be pumped out, It should be used for original rinse and storage of poisonous waste materials, for disposal at a Class I disposal site.
5. Poison storage room, where poisonous concentrates are stored, should be locked separately, and properly ventilated, to prevent accumulation of hazardous fumes.
6. All equipment which is used in formulating poison baits, should be plainly labeled or color coded to indicate possible contamination of poisons. (Tubs, spoons, mixers, pans, etc.)
7. Lab bench tops, hoods, tables, etc., should be made of non-absorbent material, and be easily cleanable.
8. No smoking should be permitted during formulating, mixing or sacking rodenticides.
9. Open type mixers (batch) should be equipped with lids, fan or vented hood to prevent poisonous dusts from becoming air-borne during operation.
10. Emergency eye wash and emergency shower should be provided in the mixing area, where spills or splashes are likely to occur.
11. A current inventory of toxic materials should be maintained.
12. Eating, smoking and drinking should be prohibited in the formulating, mixing or storage area.
13. Provisions should be made for cleaning of protective equipment and laundering of protective clothing after daily use by employees who mix and handle poisons.
14. Emergency medical information should be posted at the work site. (Phone numbers of doctors, ambulance, poison control center, etc,)
CACASA Handbook 180 May, 2008 15. Water in volume and approved cleaning compounds should be provided to wash down and decontaminate equipment and floor after mixing operation.
16. Packaging counter should be provided with air registers vented into dust collecting system, or exhaust fans, to exhaust toxic dust particles away from worker.
17. Upon completion of mixing operation, equipment used for other poisons should be cleaned after usage and all waste material should be collected and stored for disposal in a Class I dump site.
18. Potable water (approved for drinking) should not be located in the immediate mixing or formulating area.
19. Poison containers, should be plainly marked with a warning legend or painted a distinctive color.
20. If mixing or formulating of poisonous concentrates is conducted without the aid of a fume hood and ventilating system, the following personal protective equipment should be provided, used and cleaned regularly: a. Respirator b. Face shield or goggles c. Rubber or vinyl gloves d. Vinyl apron or coveralls
21. If mixing or formulating of poisonous concentrates is conducted with the aid of a fume hood and ventilating system, the following personal protective equipment should be provided, used and cleaned regularly: a. Face shield or goggles b. Rubber or vinyl gloves c. Vinyl apron or coveralls
22. The names, phone numbers, etc. of emergency medical facilities (doctor, ambulance, etc.) should be clearly posted in the formulating area and by the closest telephone.
23. Prothrombin Tests (determination of blood coagulation) should be given to each employee at least yearly who routinely mixes anticoagulant baits.
24. The employees engaged in poison preparation and their supervisor should be trained in safety precautions and good hygiene measures.
25. Poisonous waste material should be segregated according to the method of disposal.
CACASA Handbook 181 May, 2008 26. After usage, containers of rodenticides should be triple rinsed and the waste water used in the mixing formula or disposed of in a closed septic system.
27. All employees should wash hands before eating, smoking or using toilet and immediately after mixing, loading, transferring, or handling rodenticides and at the end of the day.
C. GENERAL WAREHOUSE - RESTROOM
1. Toilets and showers, where provided, should be in a separate room.
2. Individual towels or drying equipment for employees in wash rooms should be provided.
3. Where disposable drinking cups are provided, a container should be provided for their disposal.
4. Toilet facilities should be adequate for number of employees. (1-15=1 16- 30=2, 31-45=3).
5. Clean toilet facilities should be provided for each sex.
6. An area for changing and storing clothes should be provided for employees.
7. Rest area should be separated by a partition from other warehouse area.
8. Sanitary facilities should be well maintained, and provided with lavatories, having hot and cold running water and cleanser for proper cleanup after mixing.
D. GENERAL WAREHOUSE - LUNCHROOMS, ETC.
1. Drinking water should be within 200 feet of all employee stations.
2. Where a lunch room is provided, it should be adequate for maximum number of employees who may use it.
3. Covered receptacles should be provided in lunch room and emptied after usage or daily.
4. Physician approved first aid kit should be accessible.
5. Safety and health protection posters should be displayed.
6. Log of occupational injuries or illnesses should be up to date.
CACASA Handbook 182 May, 2008 7. Passageways, store rooms, service rooms and work areas should be clean and aisles clear.
(Adopted December 8, 1977, Reaffirmed May 17, 1983.)
CACASA Handbook 183 May, 2008 GUIDELINES
California Department of Food and Agriculture and the California Agricultural Commissioners Association
Procedures and Recommendations for Baiting Field Rodents
These guidelines pertain to field rodent control practices performed by the State Department of Food and Agriculture and County Departments of Agriculture. Part A contains procedures common to nearly all rodent control programs and includes comments on aerial application of toxic baits and general safety precautions. Part B is a summary of procedures and recommendations for specific control programs.
A. GENERAL PROCEDURES
1. Bait acceptance plots should be established in locations representative of the area or district to be treated.
2. The kind of bait chosen should be based on selectivity as well as acceptance value.
3. Control operations should not be undertaken until test plots indicate satisfactory bait acceptance.
4. Toxic baits used in all control operations are to be colored in accordance with departmental recommendations.
5. Toxic bait quantities exposed should be regulated so that residual bait will be minimal.
6. Fumigants or anticoagulants should be considered in preference to toxic baits around inhabited buildings or suburban areas as a safeguard to children and domestic animals.
7. Property owners or tenants should be advised to dispose of rodent carcasses on the ground surface immediately adjacent to inhabited areas. A shovel or fork should be used to minimize possible contact with ectoparasites.
8. In the absence of specific statutory provisions requiring the posting of warning signs for rodent control, many counties follow a procedure to post "Poison out" signs. If premises are posted in accordance with county policy, they are to be posted as prescribed by law. (Section 596 Penal Code "----- signs located at intervals of distance not greater than one-third of a mile apart and in any case not less than three
such signs having words with letters at least one inch high reading
CACASA Handbook 184 May, 2008 ‘WARNING--POISON BAIT PLACED OUT ON THESE PREMISES,'....").
9. All rodent bait containers shall be labeled as required by the Food and Agricultural Code.
10. Supervision of county field rodent control projects is mandatory when " Compound 1080" bait is used.
11. When County Agricultural Commissioners anticipate control programs involving other than established practices or enter into a research program with the University of California or other agencies, the State Department of Food and Agriculture shall be advised.
12. Aerial application of rodenticides for the control of ground squirrels, meadow mice and kangaroo rats should be made only upon the Agricultural Commissioner's determination that the necessary field work such as determining the density of infestation, bait acceptance, and hazard to other forms of animal life has been done. Aerial application of bait shall not be made over campgrounds, dwellings, streams, or water storage supplies.
13. Safety Precautions: The safe handling and use of rodenticides is a responsibility of the Agricultural Commissioners. All other program participants should follow policy and directions. *Commissioners shall inform employees involved in field rodent control as to the provisions of Regulations Concerning Sale, Use and Possession of Sodium Fluoroacetate (Compound 1080) and the following precautionary procedures:
a. Sodium Fluoroacetate (Compound 1080) is a federally restricted material and requires a commercial applicator certificate (category G) for its use.
b. Toxic baits and concentrates shall be stored in an adequately locked space at all times when not in use. Such space shall be entirely separate from any space where food or drink for humans or animals is kept or stored.
c. All persons handling toxic baits or concentrates should be advised as to:
(1) The characteristics of these materials.
(2) The necessity of adequate protective clothing and devices and washing thoroughly before eating or smoking.
(3) The necessity for keeping all skin abrasions and cuts adequately protected.
CACASA Handbook 185 May, 2008 (4) The secondary effects.
(5) The possibility of inadvertent poisoning of wildlife and domestic animals by improper bait exposure.
d. To prevent the accidental spillage of toxic grain, containers, including sacks, shoulder bags and saddle bags, should be so designed and in such repair that leakage or spillage does not occur. Shoulder bags should be equipped with a zipper or other device for closing. Equip saddle bags with either a zipper or drawstring to facilitate quick closing.
*All other program participants should follow policy and directions.
e. Discarded or used containers should be disposed of in a safe manner.
B. PROCEDURES AND RECOMMENDATIONS FOR SPECIFIC CONTROL PROGRAMS
1. Microtus. Squirrel oat groats is the most satisfactory bait aerial and mechanical broadcast application, although crimped whole oats or barley are at times effective. Zinc phosphide treated bait (2 lbs. Zn3P2/100 lbs.) applied at 5 to 10 lbs. per acre (2-4 kernels per square foot), depending upon the density of the infestations, is recommended for broadcast baiting of meadow mice, Microtus spp.
Broadcast bait will fall through most vegetation to the ground surface, Bait should not be applied when trees or grass are wet, or when rain is likely to occur within 24 hours, For hand baiting satisfactory results may be obtained by scattering teaspoon sized baits lightly in runway near burrows where meadow mice are active. For hand baiting .8% (1 lb/100) zinc phosphide treated bait is adequate.
2. Kangaroo Rats. When baited by airplane or mechanical broadcasting methods, kangaroo rats can be controlled with strychnine treated crimped or rolled barley, at 3 oz/100 lbs, or crimped whole oats or squirrel oat groats applied in 100 foot wide strips, 100 feet apart, at a rate of 1/2 to 3/4 lbs, per acre. For hand baiting spread 3 to 4 tablespoonfuls of toxic grain on a bare piece of ground common to several dens. The dens may be 30 to 40 yards from bait spots Scatter grain as much as possible.
3. Ground Squirrel Control. There are several equally important steps to consider before a ground squirrel control program is undertaken. The selection of a grain bait often requires field test plots to show actual bait preference. The period and intensity of activity is variable; therefore, it becomes mandatory to determine correctly the peak of activity if optimum results are to be achieved.
CACASA Handbook 186 May, 2008 Period of High Squirrel Activity. A period of high activity occurs during the breeding season and varies with geographic and climatic conditions as well as species. It is necessary that specimens be obtained for examination to determine this period. This is usually done by shooting, although there may be some particular situation that would require trapping, Examination of the specimens will indicate whether males or females predominate or whether the desirable nearly 50% ratio is reached. Males are usually more active than females following hibernation. As the peak breeding period nears the ratio tends to equalize. Sufficient specimens should be collected from the area to be treated to make certain that the timing is correct.
Trials to Determine Preference of Baits. Bait preference plots are standard procedure when it is not known what grain bait squirrels will readily accept. The actual selection of grain to be used is made only after exposure of two or more kinds of untreated grain. Degree of acceptance is more easily interpreted if the untreated grain is placed in small piles at least six to eight inches apart. In order to prevent the bait being scattered by squirrels or covered with dirt during burrow cleaning, placement is made at the rear or sides of the burrows and on hard bare ground. When placing and reading these plots consideration must be given to the possibility of other rodent or bird interference which would cause an, incorrect evaluation, Bait acceptance should indicate that approximately 90% of the untreated bait will be taken within 24 hours following exposure.
Test Area to Determine Effectiveness of Treated Bait. The next step is the application of the rodenticide to the indicated grain for further plot work. For this purpose an area on which the approximate number of squirrels is known is selected. This plot must be a sufficient distance from the bait preference plot to preclude the feeding in the toxic bait area by prebaited squirrels. In no case is one plot used for both purposes. Ideal conditions include pasture, cereal, truck, and orchard lands of as many of these which are applicable to the area to be finally treated. Exposure of toxic baits for plots or routine control is made in the same manner as are the non-toxic baits, except that the toxic material is scattered not piled. At least two days should be allowed in which to determine maximum kill. Inspection of the treated plots must conform to the time of day the highest activity is known to occur. This period usually includes several hours in the morning and afternoon. Routine observation prior to establishing the plot will have determined the time more closely. Field control procedure is begun as soon as it is determined that the kill is satisfactory.
Amount of Bait to Use. The matter of proper bait size is highly important from an economic as well as a conservation standpoint. Ideally it would be perfect work if only that amount of toxic bait required to kill each rodent was exposed. A slight residue of a few kernels of the original bait quantity following a 24-hour exposure period is not detrimental or hazardous, and normally indicates that bait exposure is adequate. When less-than-satisfactory results are obtained the condition cannot be corrected by repeated treatments within the year. It may be necessary to allow a rest period of at least a year during which no grain baits should be exposed. Baiting of any area should not normally be done more often than annually.
CACASA Handbook 187 May, 2008 Timing of Control Program. It is necessary to know when to stop ground squirrel control work. Shooting or trapping during the period when embryo counts are made, make it possible to fix closely the time the early work must be stopped as well as determining when it may be resumed, Control work must be stopped before the young are old enough to survive death of the adults and should not be resumed until the young are above ground and large enough to take bait. There should be no further interruptions until inspection determines a slow-down of activity indicating aestivation on the untreated areas. This normally can be expected following a few days of unusually hot weather, and may continue in some districts on into the winter period of partial to complete hibernation. In other areas there may be a brief period of very high activity in the fall during which effective control measures may be applied.
Proper Supervision Important. The ultimate success of a ground squirrel control program is entirely dependent on the effort expended. The person in charge should carefully watch all phases of the field work, including daily rodent activity, bait acceptance and degree of kill. Any condition that could interfere with the desired control should be corrected immediately, even to stopping any job that is not progressing satisfactorily.
(Replaces CPS-V3 originally adopted at Bijou, May 21, 1965; amended May 24, 1968; and reaffirmed December 5. 1968. Edited and revised December, 1974. Amended and reaffirmed May 23, 1975. Amended and reaffirmed May 17, 1983.)
CACASA Handbook 188 May, 2008 GUIDELINES Procedure for Applying Rodent Baits by Aircraft
Pre-Treatment
1. Actual damage or threat of damage must be sufficient to warrant aerial application of rodent baits. Alternative methods shall always be considered.
2. There shall be adherence to recognized methods and techniques of determining bait acceptance. No baiting shall be implemented unless tests indicate satisfactory bait acceptance in representative areas.
3. The pilot shall be thoroughly familiar with the application site. Maps (topographic/aerial) identifying boundaries and sensitive areas shall be provided to the pilot prior to application.
4. Property lines and boundaries shall be clearly visible from the air.
5. The aircraft shall be calibrated with placebo baits under the supervision of the agricultural commissioner or his staff.
6. A general evaluation shall be made of non-target wildlife. This evaluation should be documented.
Treatment
1. Ground to air communication shall be in use during treatment.
2. Provisions shall be made to eliminate spillage of bait at the loading site. Unless automatic loading equipment is utilized, a ground cloth or canvas must be used.
3. No treatment shall be made when wind velocity impairs effective bait placement.
4. Treated bait shall not be applied near farm buildings or over water supplies.
5. Aerial baiting for the control of ground squirrels should not occur on the same parcel of land more often than once every two years with the same toxicant.
6. The aircraft bait hopper shall be:
(a) Cleaned with hot water and detergent or steam cleaned before the first baiting of the program, after final baiting of the program, and if baiting hopper has been used for other pesticides during the program.
(b) Emptied of bait at the end of each day's operation unless properly secured.
7. The rate of application shall be monitored daily by measuring bait dispersal in the treated area.
CACASA Handbook 189 May, 2008 8. Direct supervision by the county agricultural commissioner or his staff means the presence of at least two supervisors. One man shall oversee bait handling and record keeping at the landing strip; another man shall monitor the operation in each area under treatment.
Post-Treatment
An evaluation should be made of representative areas to determine the degree of control and the effects on non-target wildlife.
(Adopted May 11, 1972. Amended and reaffirmed May 17, 1983.)
CACASA Handbook 190 May, 2008 GUIDELINES
Approval of County Operated Predatory Animal Damage Control Programs
1. Program objectives and policy shall be established and be in writing.
2. Laws and regulations relating to predatory animal damage shall be adhered to.
3. A county operated bounty system shall not be in effect in the county.
4. Control work shall be done only upon the request or approval of the landowner or his agent.
5. The need for control shall be recorded by the county trapper or his supervisor.
6. Control operations shall be directed only toward the offending animal or local populations.
7. Control techniques and devices shall be as selective and humane as possible and shall minimize hazards to non-target animals.
8. Warning signs shall be used where control techniques might pose a hazard.
9. Traps and other devices (except M-44's) shall be serviced not less than twice a week.
10. Sodium cyanide capsules are to be used in M-44 devices to control coyotes, Canis latrens, that depredate livestock and poultry.
11. M-44 devices shall be serviced in accordance with EPA Use Regulations.
12. M-44 devices and sodium cyanide capsules shall be restricted to use by only t rained applicators (State and County officials) in predatory animal damage control programs approved by the Department, Landowners or farm livestock operators will not be authorized to use sodium cyanide or to place or retrieve M-44 devices.
13. Pelts of animals taken in any county predatory animal damage control program shall not be used for commercial purposes.
14. Uninjured non-target animals (except dogs) shall be released from traps.
15. Trapped dogs shall be released to the county poundmaster or to the landowner.
16. Records shall be kept showing:
a. Landowners request for control.
b. Kind of offending predator
CACASA Handbook 191 May, 2008 . c. Kind of animal or crop damaged.
d. Number and value of animals lost or value of crop lost.
e. Number and kind of predators taken and methods of take used for each kind.
17. A report of losses shall be submitted to the Department of Food and Agriculture on Report Form 3C.
18. The county predatory animal damage program shall be reviewed annually by the Department of Food and Agriculture.
(Adopted December 6, 1973. Amended and reaffirmed May 17, 1983.)
CACASA Handbook 192 May, 2008 GUIDELINES
California Department of Food and Agriculture and the California Agricultural Commissioners Association
Evaluation of Pests New to California
INTRODUCTION
Newly detected pest infestations, which are or may become harmful in California, are of primary concern to federal, state, and county agencies. These agencies are responsible for the protection of agriculture, public health, ornamental plantings, forests, wood products, wildlife, soil, and water by eradication or containment of harmful plant diseases, insects, weeds, vertebrates, and other pests.
The Food and Agricultural Code provides that the Director shall thoroughly investigate the existence of any pest, the probability of spread, the feasibility of control or eradication; and that he may establish, maintain, and enforce quarantines and such other regulations as he deems necessary. Any investigation taken in line with these guidelines must not in any manner preclude the Director or a Commissioner from taking any other joint or separate action.
The following guidelines for the analysis and evaluation of pests new to California provide for a consistent, orderly study of such pests, including a rapid fact finding study, pest rating and follow-up action, and a review and recommendation by a permanent Pest Evaluation Committee.
GUIDELINES
I. Fact finding Study
The first step in the valuative procedure is a rapid study by a Division Study Team*. (All or a part of this study will already have been completed for certain Detection "Target Pests.") The Study Team can seek information and support from other federal, state, county or university specialists. This investigation should result in sufficient data to establish a pest rating for follow-up action. Timely action against serious pests requires that this study receive high priority so that conclusions can be reached in the shortest time. Results of this study shall be completed within 10 days beyond the date that the organism or disease is found and identified. The study should utilize information obtained from:
A. Evaluation of pest status outside of California.
1. Host plants, stating preferences or principal associations.
CACASA Handbook 193 May, 2008 *The Division Study Team for each pest will be organized by the appropriate Principal Staff Professional and chaired by him or his Assistant, and will include a representative appointed by each of the other units.
2. Life history, including:
a. Description of life stages, seasonal occurrences, etc.
b. Biotic potential (capacity for population buildup).
c. Known environmental and habitat requirements, especially those that favor or limit.
d. Means of spread, dissemination, or transmission.
3. Known distribution.
4. Reported pest status, including location, type, and economic impact with
and without controls.
5. Reported biological and chemical or other controls, including materials
and methods used, and effectiveness achieved.
6. Annotated bibliography covering all pertinent information about the pest
and its occurrence.
B. Evaluation of pest status in California.
1. Factors affecting likelihood of spread, dissemination, or transmission:
a. Availability of hosts and host continuity.
b. Favorable environment and habitat (climate, elevation, latitude, etc.).
c. Means of natural or artificial spread.
d. Probability of spread.
2. Ability to detect the pest.
3. Added impact on cost of control of pests already established.
4. Natural control factors available, and estimate of their effectiveness.
CACASA Handbook 194 May, 2008 5. Principal impact, including losses with and without control; control costs;
quarantine impacts; and any other costs or losses.
a. General public.
b. Structures, yards, street sides, parks, or urban communities.
c. Commercial crops, including ornamentals, floriculture, and livestock
d. Agribusiness.
e. Forests, rangelands, roadsides, or general environment (air, water, soil).
f. Wildlife.
C. Feasibility of control, suppressions or eradication.
1. Ability to prevent reintroduction.
2. Ability to prevent spread, dissemination, or transmission.
3. Environmental impact of control or eradication methods.
4. Capability of materials and methods referred to in I, A, 5, to eradicate or hold the pest pending investigation.
5. Other factors, such as public relations, adequate personnel, training of personnel, time considerations, etc.
6. Estimate of cost/benefit ratio.
D. An evaluation of the pest from the USDA and other sources.
II. Pest Rating and Follow-up ActionThe next step in the evaluation procedure, based on the fact finding study, is recommendation of a pest rating by the Division Study Team. The Division of Plant Industry will then establish the pest rating and determine the need for further action as follows:
A. If the organism or disease is beneficial or clearly non-economic, no action is required.
B. If the organism or disease is of great economic significance, and emergency action seems advisable, a recommendation by the Division Study Team will be made within five days to the Chairman of the Pest Evaluation Committee, who may authorize emergency action. Regardless of the action taken, the Chairman within five days of
CACASA Handbook 195 May, 2008 receiving the recommendations shall report to the Pest Evaluation Committee documenting and establishing:
1. Pest status. 2. Federal-state-county responsibility.
3. Action necessary to hold or eradicate.
4. Type, sequence, and estimated extent of program actions to be taken to alleviate or eliminate the problem, including environmental impact statements if necessary.
5. Recommended period for research or method development.
C. If further study is needed to eliminate uncertainties (identity, economic significance, spread of infestation, feasibility of required actions, areas of responsibility, etc.), these certainties and means to overcome them shall be reported by the Division Study Team to the Chairman of the Pest Evaluation Committee within five days after completion of the fact finding study. This report should show:
1. Findings of the study conducted under I.
2. The continuation of the "X" rating.
3. Recommendations to authorize suppressive action at federal-state- county level, pending further investigation.
4. Recommended type, sequence, and estimated time and extent of investigation, and, as needed, suppressive action.
III. Pest Evaluation Committee Review and Recommendation
The final step is a review by the Pest Evaluation Committee of the data documented in the course of the fact finding study and additional information developed. The review should include a reconsideration of environmental, biological, and economic impacts that would result from widespread occurrence of the pest in California and a reevaluation of available technology to detect, contain, eradicate, and prevent recurrence of the infestation.
The Pest Evaluation Committee, appointed by the Director of Food and Agriculture, will have as its Chairman the Assistant Director-Plant Industry, Department of Food and Agriculture. Other members will include:
A. A representative of the Pest Prevention Committee of the California Agricultural Commissioners Association.
CACASA Handbook 196 May, 2008 B. A representative of the Animal and Plant Health Inspection Services, United States Department of Agriculture.
C. A representative of the Agricultural Experiment Stations, University of California. D. A representative of the Resources Agency, State of California.
E. A representative of the California Department of Public Health.
F. A representative of the Agricultural Extension Service.
G. A representative nominated by each of the following agricultural organizations:
California Grain and Feed Association, Calcot Limited, California Rice Growers Association, California Beet Growers Association, Western Growers Association, California Association of Nurserymen, California-Arizona Citrus League, California Tomato Growers Association, California Grape and Tree Fruit League, San Joaquin Hay Growers Association, Cattlemen's Association, Agricultural Council of California, and Council of California Growers.
An alternate representative should be selected by each of the above groups to attend meetings in lieu of the representative. Each member and alternate of the Committee should be appointed for a three-year term and may be reappointed at the pleasure of the Director.
All members and alternates of the Committee will attend an annual meeting to be oriented on the procedures of pest evaluation and brought up-to-date on the pest problems handled by the Department during the preceding year. When a Committee meeting is called to discuss a particular pest problem, at least two industry groups most closely involved with the problem will be selected by the Chairman to send their representatives to the meeting. If the most closely involved industry groups are not in the above list, the Chairman may invite such groups to be represented.
CACASA Handbook 197 May, 2008 Committee action on any pest may be taken either (1) through transmittal of questionnaires and reports, or (2) through convening of members at the call of the Chairman or at the request of four or more members, within ten days of the Chairman's receipt of the Division Study Team's report. A questionnaire similar to Appendix A may be sent by the Chairman to each public agency member and to the representative of each interested industry group, and should be accompanied by a copy of the Division Study Team's report on the pest. The questionnaires should be returned to the Chairman within ten days.
A. If the new organism or disease is of great economic significance and emergency action has been taken as indicated in II, B, the Committee may approve the emergency action taken and/or recommend additional action.
B. If the organism or disease is of known importance or of questionable status, and further study or action is recommended by the Division Study Team, the Committee may:
1. Augment the initial study data provided by the Department by calling upon specialists from any source to supplement or clarify items.
2. Recommend that federal, state, or county observations, investigations, or research be carried out when information or data critical to deliberations is lacking.
3. Review the assigned pest rating.
4. Recommend necessary actions.
C. The Committee shall make progress reports to the Director on any actions or deliberations taken under III at 30-day intervals until its final conclusions and recommendations are submitted.
D. The Committee shall be informed of the decisions and actions taken by the Department.
E. The committee may be reconvened by the Chairman to reconsider the status of a pest.
Approved by the Director, Department of Food and Agriculture:
/S/ C.B. CHRISTENSEN , June 6, 1973 . (Director) (Date)
Concurred in by the California Agricultural Commissioners Association:
/S/ WILLIAM FITCHEN , July 10, 1973 .
CACASA Handbook 198 May, 2008 (Executive Secretary) (Date)
CACASA Handbook 199 May, 2008 GUIDELINES
Adoption of Local Pest Control Regulations (Agricultural Code 11503)
1. Prepare notice of intention to adopt regulations (form attached). Notice must contain:
a. Statement of time, place and nature of proceedings.
b. Express terms of informative summary of the proposed regulations.
2. At least 10 days prior to date set for adoption, amendment or repeal of regulations:
a. Publish the notice one time in a newspaper of general circulation in the county (i.e., a newspaper which has obtained a judicial decree establishing it as having such status).
b. Mail a copy of the notice to every person who has registered with the commissioner as required by Sec. 11732, and to any other interested person who has filed with the commissioner a request for such notices. (Ordinary first-class mail is sufficient).
3. At the time and place set for the hearing and preliminary to receiving statements:
a. If a stenographic or phonographic record is not to be made, arrange to have the hearing officer or some other designated person record minutes of the proceedings.
b. The hearing officer should identify himself as the Agricultural Commissioner of the county or, if the conduct of the hearing is delegated to another person, introduce a written statement from the Commissioner authorizing such person to conduct the hearing.
c. Announce the purpose of the hearing and introduce a copy of the proposed regulations.
This simplified procedure for the adoption of local pest control regulations under the provisions of Section 11503, Food and Agricultural Code, was prepared by Ethelbert Johnson on December 12, 1960.
d. Introduce proof of publication of notice of intention to adopt regulations (affidavit from publisher certifying date of publication).
e. Introduce proof of mailing (affidavit of person mailing notices certifying that on a specified date notices enclosed in sealed envelopes with postage thereon fully prepared, were deposited in the U. S. mail, addressed to the persons
CACASA Handbook 200 May, 2008 named at the addresses set opposite their respective names). f. Introduce any relevant written statements received prior to the time of the hearing.
4. Afford any person present the opportunity to present statements, arguments or contentions in writing, with or without opportunity to present the same orally. If oral testimony is offered, the hearing officer should administer the oath to each person before testifying, either singly or in a group.
5. After all testimony is completed, announce either:
a. That all relevant matters presented at the hearing have been considered and the regulations are adopted as proposed (or with specified modifications).
b. That all relevant matters presented at the hearing, together with any further matters presented on or before a specified time, will be considered before adopting the regulations.
c. That the hearing is continued to another time and place, at which additional statements, arguments or contentions may be presented.
6. Adjourn the hearing.
7. After the final text is adopted:
a. Submit the regulations to the Director for review and approval as to reasonableness.
b. File the regulations, when approved, with the Director.
c. Notify all interested persons that the regulations have been adopted and approved, and become effective on a certain date (30 days after approval; except emergency regulations, which become effective on the date of approval).
d. Keep the record of the proceedings, on file in the office of the Commissioner
CACASA Handbook 201 May, 2008 PROCEDURAL GUIDE Report of Disaster Damage to Crops
A. DESCRIPTION OF DISASTER
(1) Type: Frost, flood, drought, windstorm, earthquake, or other. A brief statement establishing the fact that a circumstance hazardous to agriculture has occurred, including a delineation of the general area involved whether local, district-wide or other. It is also strongly recommended that this opening paragraph indicate the estimated total financial loss for your county.
(2) Severity: A short description of the intensity of the disaster; area and depth of floodwater, lowest freezing temperature, duration of freeze, force of wind, Richter scale of earthquake, duration of drought, etc.
(3) Comparison of current disaster to those occurring previously - a brief historical background illustrating that this is an unusual circumstance which could not reasonably have been foreseen. Tables or exhibits may be attached to the report.
B. CROPS EFFECTED
(1) List of damaged crops with a brief explanation of how damage has occurred to each. Since many of the persons reading the report may not necessarily be connected with agriculture, a concise description of damage symptoms to each crop involved is desirable. Photographs, drawings or other examples may be included to illustrate damage.
C. METHODS OF EVALUATION
(1) Since disaster reports, particularly those involving emergency loans, will be closely scrutinized, it follows that a methodical approach be demonstrated in evaluating damage. The probability that methods will vary from time to time and from place to place is of little consequence so long as the method used in a current report is clearly described. Tables or exhibits attached to the report are suggested.
(2) Discussion of the difficulties inherent in evaluating crop damage. Again, many readers of the report may have little knowledge of the problems. For their benefit, certain aspects should be explained. This applies particularly to damages which, at the moment of the report, remain hidden; interior fruit damage, root damage and the like are matters which should be discussed.
(3) (a) Application of estimated "normal" yields and production in assessing losses. This should not be established on the basis of the highest possible yield, since that would be an inflated figure. Nor should it be based on the lowest possible yield, as that would unfairly minimize loss. The use of five- year averages is more satisfactory, although even that may be misleading.
CACASA Handbook 202 May, 2008 Perhaps the use of nut or fruit counts in certain permanent "control" or "indicator" orchards would provide the best estimate of what the crop would have been had not the disaster occurred. The latter method would involve frequent inspections throughout the growing season and hence greater expense, but the data so obtained would also be usable in routine crop and condition reports. The method chosen for a particular disaster report, however, should be carefully detailed - either in the body of the report itself or by means of attached tables or exhibits.
(b) Establishing the estimated "normal" value of the crops involved may be handled in several ways. Where seasonal prices have already been announced, use them. If not, then other approaches must be considered; five-year averages, market trends, information from brokers, and so forth. Where several adjacent counties have suffered in the same disaster, it would be wise for the commissioners to contact one another in the matter of projected prices since uniformity among counties is important in this part of the report. The method used must be detailed as in paragraph (3)(a), above.
(4) Long-term damages. This paragraph is concerned with those damages which will only become apparent with the passage of time. One example would be next year's weed problem after this year's flood. Another might be the permanent stunting of trees and vines after a severe freeze. Although the extent of financial loss may be difficult to analyze in these cases, the fact that they possibly do exist should be emphasized.
D. ANALYSIS OF LOSS
(1) Crop-by-crop use of data and formulas to determine the extent of damage and financial loss. Here, all of the facts and estimates developed in the preceding paragraphs are applied to each damaged crop. It is suggested that, for each crop. the report show total bearing acres, acres affected by the disaster, acres sampled, percent of loss in sample, estimated total acreage lost, estimated "normal" yield/acre, estimated total production lost, estimated "normal" value/ton, and estimated total financial loss. Of course, any other pertinent material may be added at will. This section should be contained in the body of the report itself, rather than through the use of tables.
E. CONCLUSION
(1) A summation of damages and losses, including a recapitulation of loss to individual crops and a grand total. Indicate where the main losses will occur and, if desirable, discuss any extra-serious impacts on the local agricultural economy.
(2) Review of hidden and long-term damages or other points where emphasis may be needed. F. MODEL REPORT See attached.
CACASA Handbook 203 May, 2008 MODEL REPORT
MEMO TO: Board of Supervisors, County DATE: 1 MAY 1972
FROM: Agricultural Commissioner
SUBJECT: Report of freeze damage to crops, County
A. DESCRIPTION OF DISASTER
(1) Unusually low temperatures were experienced throughout the Northern San Joaquin Valley on the nights of 25, 26 and 27 April,1972. The resulting damage to crops in County is estimated to be $8,179,000.
(2) Temperatures in County reached a low of 17F. on each of the nights indicated. The lowest readings were recorded in the Patterson area, where temperatures remained below 20F. for eight hours at a time. The Modesto-Turlock fruit belt was somewhat warmer, but lows of 24F. were sustained there for six to seven hours on each of the three nights. Areas of damage were scattered throughout the County, with the severest occurring in the Patterson, Denair and Salida regions. River bottom and other low-lying areas suffered universally.
(3) These temperatures are the lowest recorded, and of longer duration, than any since January, 1945. The average nighttime low in County during the month of April is 52F. See Table I, attached.
B. CROPS EFFECTED
(1) Apricots: Suffered most damage due to freezing of newly formed fruit. Peaches: Much damage to young growth and developing fruit. Grapes: New growth and berries frozen. Almonds: Small nuts frozen and blackened. Walnuts: Most severe damage among paynes, an early variety. Many orchards blackened to a height of 10 to 12 feet above ground.
(2) Photographs of certain walnut orchards and grape plantings are attached.
C. METHODS OF EVALUATION
(1) Tables II through VII show the methods used in evaluating the extent of damage to the crops listed in paragraph B(l).
(2) It should be remembered that there is no exact method of determining the extent of freeze damage in agricultural crops. Much of the damage cannot be assessed at this time simply because it is invisible. Past
CACASA Handbook 204 May, 2008 experience has shown that a large amount of interior damage, particularly to peaches and apricots, will not be apparent until the fruit nears harvest. It is also believed that extensive fruit drop will occur later.
(3) (a) An important aspect of this evaluation is the anticipated "normal" harvest for 1972. Determination of loss has been made on the basis of what crop production would have been had not the freeze occurred. In all cases except almonds this has been done by means of five-year averages, there being little else to go on. In the case of almonds, however, certain "indicator" orchards have been established which provide closer analysis. Tables VII through XII illustrate the methods used in estimating normal 1972 production for each of the damaged crops.
(b) Since no firm market prices have yet been announced, establishing financial loss was necessarily done through the use of five-year averages. Tables XIII through XVII apply.
(4) Still another factor is that of long-term damage. A freeze such as this will frequently set back the growth of immature trees and vines, and in some cases full growth may never be achieved at all. This obviously amounts to a hidden loss to the grower. Pruning to cut back burned shoots and other damaged growth must also be taken into account, as must the replacing of trees which have been totally destroyed.
D. ANALYSIS OF LOSS
(1) Applying the data contained in the attached tables, it will be seen that crop losses in County may be estimated as follows:
Apricots: total bearing acres in County: 7,000 acres acres effected by freeze: 5,000 acres acres sampled: 500 acres percent of loss in sample: 20% (estimated acreage lost: 5,000 x .20 = 1,000 acres) estimated 1972 yield/acre: 11.00 tons (estimated production loss: 1,000 x 11.00 - 11,000 tons) estimated 1972 value/ton: $ll3.OO (estimated financial loss: 11,000 x $113.00 - $1,243,000)
Peaches: total bearing acres in County: 20,000 acres acres effected by freeze: 10,000 acres acres sampled: 1,000 acres percent of loss in sample: 25% (estimated acreage lost: 10,000 x .25 = 2,500 acres) estimated 1972 yield/acre: 11.98 tons (estimated production loss: 2,500 x 11.98 = 29,950 tons)
CACASA Handbook 205 May, 2008 estimated 1972 value/ton: $30.00 (estimated financial loss: 29,950 x $80.00 = $2,396,000) Grapes: total bearing acres in County: 15,000 acres acres effected by freeze: 7,500 acres acres sampled: 750 acres percent of loss in sample: 30% (estimated acreage lost: 7,500 x .30 = 2,250 acres) estimated 1972 yield/acre: 9.00 tons (estimated production loss: 2,250 x 9.00 = 20,200 tons) estimated 1972 value/ton: $100.00 (estimated financial loss: 20,200 x $100.00 = $2,020,000)
Almonds: total bearing acres in County: 17,000 acres acres effected by freeze: 10,000 acres acres sampled: 1,000 acres percent of loss in sample: 40% (estimated acreage lost: 10,000 x .40 = 4,000 acres) estimated 1972 yield/acre: 1.0 tons (estimated production loss: 4,000 x 1.00 = 4,000 tons) estimated 1972 value/ton $500.00 (estimated financial loss: 4,000 x $500.00 = $2,000,000)
Walnuts: total bearing acres in County: 18,000 acres acres effected by freeze: 9,000 acres acres sampled: 900 acres percent of loss in sample: 15% (estimated acreage lost: 9,000 x .15 = 1,300 tons) estimated 1972 yield/acre: 1.0 tons (estimated production loss: 1,300 x 1.00 = 1,300 tons) estimated 1972 value/ton: $400.00 (estimated financial loss: 1,300 x $400.00 = $520,000)
E. CONCLUSION
(1) As has been shown, the agricultural interests in this County have suffered severe losses. Some individuals farming the effected crops will lose their entire 1972 production. Many others will lose as much as 80%. The average loss, where loss has been sustained, is expected to be 30%. The total estimated loss is as follows:
Apricots: $1,243,000 Peaches: $2,396,000 Grapes: $2,020,000 Almonds: $2,000,000 Walnuts: $520,000 $8,l79,000
(2) It should be remembered that, due to the circumstances outlined in paragraphs
CACASA Handbook 206 May, 2008 C(2) and C(4), this is only a preliminary (and conservative) estimate. A more accurate assessment could be made at a later date as further damage becomes evident.
Agricultural Commissioner
County
Encl: Table I 30-year nighttime temperature record for the month of April, County Tables II - VII Evaluation .methods and .formulas for various crop losses Tables VIII - XII Estimated normal production .for 1972 Tables XIII - XVII Estimated normal value for 1972 Photographs, damaged crops
TABLE I: NIGHTTIME TEMPERATURE AVERAGES, MONTH OF APRIL, COUNTY
Year Average. Temp.
1941-45 50F.
1946-50 53F.
1951-55 54F.
1956-60 51F.
1961-65 54F.
1966 53F.
1967 52F.
1968 51F.
1969 53F.
1970 54F.
1971 50 F.
CACASA Handbook 207 May, 2008 5750 5750 11 = 52.2.
TABLE II: Estimating crop loss in Almond orchards.
A. RANDOM SELECTION OF TREES:
(1) Determine the number of rows in the orchard in the directions in which the varieties are planted. (Rows selected should give a cross-section of all varieties.)
(2) Divide the number of rows by four.
(3) Make random selection of one row in each part. Outside rows are considered a typical and should be omitted from sample.
(4) Divide number of trees in each row by five, using the result as a unit in selecting sample trees in each row. (i.e., in an orchard having 100 trees per row, the unit is 20.) The first tree in a row would be selected from number 1 to 20; each sample thereafter would be selected using the next tree in the row as number one. A minimum of five trees per row should be selected, with a larger number of samples being taken from the orchard when the damage is not uniform.
B. ESTIMATING PERCENTAGE OF CROP ON TREES:
(1) Divide the tree into three horizontal zones of production:
a - lower 1/3 of tree = 25% of production. b - middle 1/3 of tree =40% of production. c - upper 1/3 of tree =35% of production.
(2) Using 15 nuts per foot of terminal growth as a normal average, a representative sample of terminals are counted in each zone. Estimates of each zone are then averaged for an estimated percentage of crop on the tree.
(3) An average of all sampled trees will give the estimated percentage of crop in the orchard. For example:
Row 1: Tree 1=13% Row 2: Tree 1=80% 2=07% 2=10% 3=35% 3=30% 4=10% 4=15% 5=35% 5=25% 6=20% 6=10% 120 6 = 20% 170 6=28.
Row 3: Tree 1=15% Row 4: Tree 1=60%
CACASA Handbook 208 May, 2008 2=02% 2=25% 3=01% 3=25% 4=05% 4=20% 5=04% 5=02% 6=05% 6=03% 32 6 = 05.3% 135 6=22.5% total estimated production for orchard: 76.l% 4 = 19% Estimated loss therefore 81% (Note: This method is accurate but time-consuming.)
TABLE VIII: ESTIMATED 1972 "NORMAL" YIELD, CLING PEACHES
Year Yield
1967 9.50
1968 13.63
1969 13.60
1970 11.70
1971 11.47
59.90
Five-year average: 59.90 5 = 11.98 tons/acre
TABLE XIII: ESTIMATED 1972 "NORMAL" VALUE/TON, APRICOTS
Year Value
1967 $128.96
1968 150.00
1969 139.00
1970 83.80
1971 60.95 $562.71
Five-year average: $562.71 5 = $112.54/ton
November 29, 1972
CACASA Handbook 209 May, 2008 MEMORANDUM OF UNDERSTANDING BETWEEN THE DEPARTMENT OF PESTICIDE REGULATION AND THE CALIFORNIA AGRICULTURAL COMMISSIONERS AND SEALERS ASSOCIATION FOR DISBURSMENT OF RESIDUAL MILL ASSESSMENT FUNDS TO ENHANCE LOCAL PESTICIDE ENFORCEMENT PROGRAMS
BACKGROUND
The Department of Pesticide Regulation (DPR) protects human health and the environment by regulating pesticide sales and use and fostering reduced-risk pest management. To ensure compliance with the nation’s toughest pesticide laws, California has the largest and best-trained enforcement organization in the country. Local use enforcement of pesticide laws and regulations is carried out at the local level through the county agricultural commissioners (CACs). CACs (and their staffs) have primary responsibility for local enforcement activities. The California Agricultural Commissioners and Sealers Association (CACASA) is the official representative body on the behalf of the CACs and Sealers (California Food and Agriculture Code [FAC] section 2003).
Funding fir local pesticide field enforcement activities comes from four sources--mill assessment, locally generated fees and penalties, county general fund, and unclaimed gas tax. Mill assessment is a fee levied on the sale of pesticides sold for use in California. Under statute and regulation, DPR collects and distributes mill assessment to the counties as partial reimbursement for their cost of carrying out the pesticide enforcement program.
SCOPE
The purpose of the Memorandum of Understanding (MOU) between DPR and CACASA is to establish the process and procedures that shall be followed by the parties to this agreement relative to invoicing for work performed, and distribution and accounting if the CAC’s residual mill assessments funds, which are to be used to support county initiatives that will enhance local county pesticide enforcement programs. This MOU is intended to establish the roles and responsibilities that the respective authorities of DPR and CACASA shall comply with in carrying out the mutually agreed upon objectives associated with expenditures of residual mill assessment funds.
STATUTORY AND REGULATORY AUTHORITIES
DPR is mandated by California and federal law to protect human health and the environment by regulating pesticide sales and use and fostering reduced-risk pest management. DPR’s strict oversight includes extensive scientific product evaluation and
CACASA Handbook 210 May, 2008 registration; and statewide licensing and certification of commercial applicators, dealers, and advisers. The field enforcement of regulations governing pesticide use is carried out by the CACs under DPR's supervision.
A significant portion of a county's funding for the local pesticide field enforcement activities comes from mill assessment. Mill assessment is a fee levied on the sale of pesticides sold for use in California. Under statute and regulation, DPR collects and distributes mill assessment to the counties as partial reimbursement for their cost of carrying out the pesticide enforcement program.
All persons who are the first to sell DPR-registered pesticide products in California are assessed a mill ($0.001) fee. This fee is established by statute, and the rate is set through regulation. The current mill assessment rate is 21 mills, or $0.021 per dollar of pesticides sold. Existing law requires DPR to reimburse counties (from the revenue collected from mill assessment) for the cost incurred in enforcing FAC Division 6 (commencing with section 11401) and FAC Division 7, Chapter 2 (including section 12979, as enacted by Chapter 1200, Statutes of 1989), Chapter 3 (commencing with section 14001), Chapter 3.4 (commencing with section l4090), Chapter 3.5 (commencing with section 14010), and Chapter 7 (commencing with section 15201). The amount distributed to the counties equals the revenue derived from 7.6 mills of the total mill assessment revenue collected by DPR.
FAC section 12844 requires the Director and CACs to jointly develop regulations specifying the criteria to be used in allocating the mill assessment funds to the counties. These regulations are established in Title 3, California Code of Regulations (CCR) sections 6391 through 6396.
Title 3 CCR section 6396 (effective February 11, 2006) was established to provide a mechanism for disbursement of mill funds remaining after the application of CCR section 6395, minimum reimbursement (CAC baseline amount). CCR section 6396 provides that any, or all, of the residual funds may be allocated for support of restricted- materials permitting and reporting system activities or any other program element mutually agreed upon by the DPR Director and CACASA. Remaining residual funds not specifically agreed upon may be distributed proportionately to each county pursuant to the criteria in CCR section 6393, or deposited into a trust account for front-loading future projects.
PRINCIPLES OF AGREEMENT
In accordance with CCR section 6396, the CACASA President will annually send a letter to the DPR Director requesting acceptance of the proposed county projects and initiatives to be supported by the residual mill funds.
CACASA Handbook 211 May, 2008 CACASA will, as necessary, designate project-manager counties (PMC) to collaborate with DPR to secure mutually beneficial program enhancements that will result in improved pesticide use enforcement programs.
Residual mill assessment funds dedicated to these county projects and initiatives will be held in trust by the county of choice, designated by CACASA, for future disbursement as directed by the mutual agreement of the designated PMC, CACASA President, and DPR Director. The appointed CAC for the designated PMC, the CACASA President, and the DPR Enforcement Branch Chief will be authorized to request disbursement.
A formal letter with all of the appropriate authorized signatures of the appointed CAC for the designated PMC, the CACASA President, and the DPR Enforcement Branch Chef will be required to issue a warrant for payment from the related trust account.
DPR agrees to:
1. Work with the designated PMCs to append to their pesticide enforcement work plans project-related tasks, priorities, and time lines required to complete the county projects and initiatives agreed upon between DPR and CACASA.
2. Coordinate with PMCs to provide details for the payment to be disbursed, an appropriate description of the payment requested, and the appropriate party signatures authorizing the payment to support the county projects and initiatives annually agreed upon between DPR and CACASA.
3. Work with PMCs to provide the necessary information to report to DPR and CACASA the status of county projects and initiatives annually agreed upon between DPR and CACASA.
4. Work with CACASA to carry out the protocols established and approved by CACASA on May 5, 2006 (see Attachment A).
CACASA and its PMCs agree to:
1. Coordinate with DPR to monitor county project implementation, ongoing project status, and associated funding requests for the annually agreed upon projects and initiatives between DPR and CACASA.
2. Follow the protocols for submitting project proposals as outlined in Attachment A.
3. Follow acceptable administrative and accounting practices; and at least annually, provide a full accounting of all expenditures to DPR.
4. Charge all PMC administrative costs to the unallocated remaining residual mill funds held in the designated trust account.
CACASA Handbook 212 May, 2008 5. Deposit into the designated trust account any funds remaining after the completion of the county projects and initiatives.
DISPUTE AND CONFLICT RESOLUTION
It is the desire of the parties to establish a speedy, efficient, and informal method for the resolution of interagency conflicts. Conflicts between DPR and CACASA that cannot otherwise be informally resolved will be referred to the DPR Director and the CACASA President.
To assist the parties in resolving conflicts, one staff person will be appointed by the DPR Director and the CACASA President to represent the interests of the signatories of this MOU. This MOU shall become effective upon the date of final signature and shall continue in effect until modified by the mutual written consent of the parties or until terminated by any party upon a thirty-day advance written notice to the other party.
SIGNATORIES
CACASA Handbook 213 May, 2008 Attachment A
California Code of Regulations Section 6396 Draft Protocol for Residual Mill-Funded Activities to Enhance County Pesticide Enforcement Programs
California Code of Regulations (CCR) section 6396 (effective February 11 ,2006) was established to provide a mechanism for disbursement of the mill funds remaining after the application of CCR section 6395, minimum reimbursement (county agricultural commissioner baseline amount). CCR section 6396 provides that any, or all, of the residual funds may be allocated for support of restricted-materials permitting and reporting system activities, or any other program element mutually agreed upon by the Director of the Department of Pesticide Regulation (DPR) and the California Agricultural Commissioners and Sealers Association (CACASA). Remaining residual funds not specifically agreed upon may be distributed proportionately to each county pursuant to the criteria in CCR section 6393 or deposited into a county trust account, as designated by CACASA, for county projects and initiatives. The following draft protocol outlines the time lines for facilitating commissioner proposals for residual-funded activities.
1. April Mill disbursement to the counties is made including residual funds.
2. CACASA Spring Conference (May) DPR and CACASA will discuss and consider joint program priorities for funding projects to begin the following July. These areas have been generally identified and include, but are not limited to: a. Staffing to augment local enforcement programs in a county. b. Pesticide safety training for applicators and outreach for the general public. c. Staffing to support multiple counties. d. Specific project proposals by individual counties.
CACs will receive instructions for the development of project proposals from the Pesticide Regulatory Affairs Committee (PRAC) Chair. All proposals should be forwarded to the PRAC Chair. All projects shall be submitted no later than two weeks prior to the fall interim meeting. The Chair will forward proposals to PRAC's mill subcommittee for review and consideration for handing. DPR and designated project counties will report on ongoing projects.
3. CACASA Interim meeting (August) PMC's mill subcommittee will discuss: a. Project proposals received for the following year, and will begin review and prioritization for recommendation at the Winter Conference. b. Project-manager counties will report on the programmatic and fiscal status of residual-fund projects.
4. CACASA Winter Conference (November) Topics of discussion will be:
CACASA Handbook 214 May, 2008 a. The PRAC's mill subcommittee recommendations for approval of projects by CACASA Board of Directors. b. Preliminary report on residual mill fund estimate for the current year issued by DPR.
5. January 1 The CACASA President will send a letter to the DPR Director recommending approval of projects to begin the following July. The letter must indicate the project scope, funding amount, and county for disbursement.
6. February 1 The DPR Director will send a response letter to the CACASA President on agreed- upon recommendations for the remaining residual-funded projects to begin July.
7. CACASA Interim Meeting (February) a. Project-manager counties will report on the programmatic and fiscal status of ongoing projects. b. A decision regarding the April 1 disbursement of residual funds will be made. c. DPR will provide an update on the availability of residual mill funds for projects beginning in July of the following year.
8. March 1 The CACASA President will send a letter to the DPR Director recommending actions for the April 1 disbursement of residual funds.
9. March 15 The DPR Director will send a response letter to the CACASA President on agreed- upon recommendations fox the disbursement of residual funds.
10. April 1 Mill and residual funds will be disbursed to the counties.
11. REPEAT PROCESS.
CACASA Handbook 215 May, 2008 MEMORANDUM OF UNDERSTANDING BETWEEN THE LOS ANGELES COUNTY AGRICULTURAL COMMISSIONER AND THE CALIFORNIA AGRICULTURAL COMMISSIONERS AND SEALERS ASSOCIATION FOR DISBURSEMENT OF RESIDUAL MILL ASSESSMENT FUNDS TO ENHANCE LOCAL PESTICIDE ENFORCMENT PROGRAMS
BACKGROUND
The California Department of Pesticide Regulation (DPR) together with the County Agricultural Commissioners (CACs) protect human health and the environment by regulating pesticide sales and use and fostering reduced-risk pest management. To ensure compliance with the nation’s toughest pesticide laws, California has the largest and best- trained enforcement organization in the country. Local use enforcement of pesticide laws and regulations is carried out at the local level through the County Agricultural Commissioners. CACs and their staffs have primary responsibility for local enforcement activities. The California Agricultural Commissioners and Sealers Association (CACASA) is the official representative body on behalf of the CACs and sealers (California Food and Agricultural Code [FAC] section 2003).
Funding for local pesticide field enforcement activities comes from four sources: pesticide mill assessment, locally generated fees and penalties, county general fund, and unclaimed gas tax. Mill assessment is a fee levied on the sale of pesticides sold for use in California. Under statute and regulation, DPR collects and distributes mill assessment to the counties as partial reimbursement for their cost of carrying out the pesticide enforcement program.
SCOPE The purpose of this Memorandum of Understanding (MOU) between CACASA and the Los Angeles County Agricultural Commissioner (LACAC) is to establish the processes and procedures that shall be followed by the parties to this agreement relative to holding in trust, invoicing for work performed, and distribution and accounting of the CACs’ residual mill assessments funds, which are to be used to support county initiatives that will enhance local county pesticide enforcement programs. This MOU is intended to establish the roles and responsibilities with which the respective authorities of CACASA and LACAC shall comply in carrying out the mutually agreed upon objectives associated with expenditures of residual mill assessment funds.
STATUTORY AND REGULATORY AUTHORITIES
DPR is mandated by California and federal law to protect human health and the environment by regulating pesticide sales and use and by fostering reduced-risk pest management. DPR’s strict oversight includes extensive scientific product evaluation and registration as well as statewide licensing and certification of commercial applicators,
CACASA Handbook 216 May, 2008 dealers, and advisers. Field enforcement of regulations governing pesticide use is carried out by the CACs under DPR’s supervision.
A significant portion of each county’s funding for local pesticide field enforcement activities comes from mill assessment. Mill assessment is a fee levied on the sale of pesticides sold for use in California. Under statute and regulation, DPR collects and distributes mill assessment to the counties as partial reimbursement for their cost of carrying out the pesticide enforcement program.
All persons who are the first to sell DPR-registered pesticide products in California are assessed a mill ($0.001) fee. This fee is established by statute and the rate is set through regulation. The current mill assessment rate is 21 mills, or $0.021 per dollar of pesticides sold. Existing law requires DPR to reimburse counties (from the revenue collected from mill assessment) for the cost incurred in enforcing FAC Division 6 (commencing with section 11401) and FAC Division 7, Chapter 2 (including section 12979, as enacted by Chapter 1200, Statutes of 1989), Chapter 3 (commencing with section 14001), Chapter 3.4 (commencing with section 14090), Chapter 3.5 (commencing with section 14010), and Chapter 7 (commencing with section 15201). The amount distributed to the counties equals the revenue derived from 7.6 mills of the total mill assessment revenue collected by DPR.
FAC section 12844 requires the Director of DPR and CACs to jointly develop regulations specifying the criteria to be used in allocating the mill assessment funds to the counties. These regulations are established in Title 3 California Code of Regulations (CCR) sections 6391 through 6396.
Title 3 CCR section 6396 (effective February 11, 2006) was established to provide a mechanism for disbursement of mill funds remaining after the application of CCR section 6395, minimum reimbursement (CAC baseline amount). CCR section 6396 provides that any, or all, of the residual funds may be allocated for support of restricted- materials permitting and reporting system activities or any other program element mutually agreed upon by the DPR Director and CACASA. Remaining residual funds not specifically agreed upon may be distributed proportionately to each county pursuant to the criteria in CCR section 6393 or be deposited into a trust account for use in funding future projects.
PRINCIPLES OF AGREEMENT
LACAC will hold in trust residual mill assessment funds that have been distributed to LACAC by DPR for future disbursement to CAC members of CACASA. As stipulated in the March 30, 2006, letter from CACASA to the Director of DPR (Attachment A) and as amended by the May 24, 2006, letter of proposed changes from CACASA to DPR (Attachment B) and the May 25, 2006, letter of acceptance from DPR to CACASA (Attachment C), CACASA will, in regard to the residual 2005 mill assessment funds, designate project-manager counties (PMCs) to collaborate with DPR to secure mutually
CACASA Handbook 217 May, 2008 beneficial program enhancements that will result in improved pesticide use enforcement programs. Thereafter, in regard to residual mill funds for each year following 2005, project proposals, evaluations of proposals, disbursement approvals, and directives for disbursement will be in accordance with the Protocol for Residual Mill-Funded Activities to Enhance County Pesticide Enforcement Programs approved and adopted by CACASA (Attachment D).
In accordance with CCR section 6396, the CACASA President will annually send a letter to the DPR Director requesting acceptance of proposed county projects and initiatives to be supported by the residual mill funds. Residual mill assessment funds dedicated to these county projects and initiatives will be held in trust by LACAC for future disbursement as directed by the mutual agreement of the designated PMC, CACASA President, and DPR Director. The appointed CAC for the designated PMC, the CACASA President, and the DPR Enforcement Branch Chief will be authorized to request disbursement.
A formal letter of authorization to disburse funds from the trust account will be sent from the CACASA President to the Los Angeles County Agricultural Commissioner, bearing each of the appropriate authorized signatures of the appointed CAC for the designated PMC, the DPR Enforcement Branch Chief, and the CACASA President. Receipt of such letter by the LACAC will be required to issue a warrant for payment from the related trust account.
LACAC agrees to:
1. Hold in trust the designated residual mill fund money and administer payments from the trust account for use as specified in this agreement and in Attachments A, B, C and D.
2. Follow acceptable administrative and accounting practices.
3. Provide a quarterly accounting report to CACASA and DPR of all expenditures from the trust account.
4. Immediately inform the CACASA President whenever there exists a discrepancy in the trust fund balance.
CACASA agrees to:
1. Coordinate with DPR and PMCs to monitor and evaluate county project implementation, ongoing project status, and associated funding requests for the annually agreed upon projects and initiatives between DPR and CACASA.
2. Provide LACAC with timely notification of authorization for residual mill fund disbursement and appropriate documentation of approval and directives for such disbursements in accordance with this agreement and Attachments A, B, C, and D.
CACASA Handbook 218 May, 2008 INDEMNIFICATION
To the extent allowable by law, each party to this MOU hereby agrees to hold harmless each and one another and the respective agencies, officers, agents and employees of each from any liability imposed for injury or damage to property caused by any act or omission arising out of the performance of this MOU by any party, but only in proportion to, and to the extent that, such liability arises as a result of the negligence or willful misconduct of the party, its agencies, officers, agents, and/or employees or anyone acting under the party’s direction or control or on the respective party’s own behalf.
INSURANCE
Both parties shall maintain proof of an adequate insurance policy and/or self-insurance through the term of the MOU.
This MOU shall become effective upon the date of final signature and shall continue in effect until modified by the mutual written consent of the parties or until terminated by any party upon a thirty-day advance written notice to the other party.
SIGNATORIES
Los Angeles County Agricultural Commissioner
______June 7, 2006
Kurt Floren, Commissioner Date
California Agricultural Commissioner and Sealers Association
______June 7, 2006_
Jerry Prieto Jr., President Date
Contact CACASA’s Executive Secretary for Attachments A - C
CACASA Handbook 219 May, 2008 Attachment D
California Code of Regulations Section 6396 Protocol for Residual Mill-Funded Activities to Enhance County Pesticide Enforcement Programs
California Code of Regulations (CCR) section 6396 (effective February 11, 2006) was established to provide a mechanism for disbursement of the mill funds remaining after the application of CCR section 6395, minimum reimbursement (county agricultural commissioner baseline amount). CCR section 6396 provides that any, or all, of the residual funds may be allocated for support of restricted-materials permitting and reporting system activities, or any other program element mutually agreed upon by the Director of the Department of Pesticide Regulation (DPR) and the California Agricultural Commissioners and Sealers Association (CACASA). Remaining residual funds not specifically agreed upon may be distributed proportionately to each county pursuant to the criteria in CCR section 6393 or deposited into a county trust account, as designated by CACASA, for county projects and initiatives. The following protocol outlines the time lines for facilitating commissioner proposals for residual-funded activities.
1. April Mill disbursement to the counties is made including residual funds.
2. CACASA Spring Conference (May) DPR and CACASA will discuss and consider joint program priorities for funding projects to begin the following July. These areas have been generally identified and include, but are not limited to: a. Staffing to augment local enforcement programs in a county. b. Pesticide safety training for applicators and outreach for the general public. c. Staffing to support multiple counties. d. Specific project proposals by individual counties.
CACs will receive instructions for the development of project proposals from the Pesticide Regulatory Affairs Committee (PRAC) Chair. All proposals should be forwarded to the PRAC Chair. All projects shall be submitted no later than two weeks prior to the fall interim meeting. The Chair will forward proposals to PRAC’s mill subcommittee for review and consideration for funding. DPR and designated project counties will report on ongoing projects.
3. CACASA Interim Meeting (August) PRAC’s mill subcommittee will discuss: a. Project proposals received for the following year, and will begin review and prioritization for recommendation at the Winter Conference. b. Project-manager counties will report on the programmatic and fiscal status of residual-fund projects.
CACASA Handbook 220 May, 2008 4. CACASA Winter Conference (November) Topics of discussion will be: a. The PRAC’s mill subcommittee recommendations for approval of projects by CACASA Board of Directors. b. Preliminary report on residual mill fund estimate for the current year issued by DPR.
5. January 1 The CACASA President will send a letter to the DPR Director recommending approval of projects to begin the following July. The letter must indicate the project scope, funding amount, and county for disbursement.
6. February 1 The DPR Director will send a response letter to the CACASA President on agreed- upon recommendations for the remaining residual-funded projects to begin July.
7. CACASA Interim Meeting (February) a. Project-manager counties will report on the programmatic and fiscal status of ongoing projects. b. A decision regarding the April 1 disbursement of residual funds will be made. c. DPR will provide an update on the availability of residual mill funds for projects beginning in July of the following year.
8. March 1 The CACASA President will send a letter to the DPR Director recommending actions for the April 1 disbursement of residual funds.
9. March 15 The DPR Director will send a response letter to the CACASA President on agreed- upon recommendations for the disbursement of residual funds.
10. April 1 Mill and residual funds will be disbursed to the counties.
11. REPEAT PROCESS.
CACASA Handbook 221 May, 2008