State Regulatory Support: Pesticides - California
California
has the most extensive and complex pesticide regulation program in the
United States. Pesticides are regulated by the California Environmental
Protection Agency (Cal-EPA), which has departments that oversee chemical and
pesticide issues. The Department of Pesticide Regulation (DPR) is
responsible for pesticide registration, although pesticides are also subject
to
air and
water quality requirements, and oversight by other state and
county officials. Manufacturers and distributors of pesticides may also be
subject to additional regulations arising from requirements imposed upon
them under the Safe Drinking Water and Toxic Enforcement Act (Proposition
65), the California Environmental Quality Act (CEQA) and California’s Unfair
Competition Law (UCL).
Data Requirements
Rather than accept federal registration as the basis for licensing in
California, DPR conducts a comprehensive review of all the data submitted to
support federal registration and imposes additional data requirements of its
own, in order to determine whether applicants have satisfied criteria for
registration that are embodied in state statutes and regulations.
Additional
data that are required by DPR, and not typically required by EPA, include
the following:
▲ Efficacy Data. California requires applicants to submit
efficacy data to support all pesticidal claims made on the product label.
The scope of this requirement is much broader than that imposed by EPA,
which generally waives the submission of efficacy data for all products
other than antimicrobial products, products that are used to promote or
protect health, and other products on a case-by-case basis.
▲ Phytotoxicity Data. Data are required for all products that come
into contact with plants. These data typically are produced as part of
efficacy studies.
▲ Volatile Organic Compound (VOC) Data. Data showing the potential for volatile emissions (thermogravametric
analysis) are required for most agricultural use products. VOC data for
consumer products is regulated by the
California Air Resources Board (CARB).
Labeling Requirements
California strictly enforces labeling requirements and established federal
regulations under FIFRA. Typically, these requirements and prohibitions
mirror those established by EPA under FIFRA. However, California also
imposes requirements that are different, which requires registrants to seek
EPA approvals for labeling mandates by California law. To the extent that
any requirements imposed under California law differ from or add to
requirements imposed under FIFRA, they should be preempted under FIFRA
24(b).
California prohibits misbranding, which should be avoided if a pesticides
label conforms to the label approved by EPA and DPR. Nevertheless,
misbranding provisions give DPR broad authority to prosecute “misbranding,”
such as mistakes in labeling, application of an approved label to the wrong
product, or sale of a product with an altered label.
TSG’s state
specialists know the intricacies of the Cal-EPA and work closely with
regulatory staff, scientists and management to promote timely registration
and address issues that could impact a product registration. TSG provides
registration assistance for all types of products, including antimicrobial,
biopesticide, conventional pesticides, plant and insect growth regulators,
as well as adjuvants. With a California office located near the state
capitol, TSG’s dedicated state staff use their substantial knowledge of
California pesticide regulation to provide comprehensive support for
companies with the most complex, or routine, issues that arise in
California.
TSG’s California pesticide services include:
▲ Developing
registration strategies
▲ Identifying data requirements
▲ Coordinating
pre-registration meetings
▲ Preparing and submitting applications for
registration
▲ Providing scientific and technical support
▲ Addressing
data call-ins and maintaining on-going product compliance and defense
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