| (a) Except as provided in subsection (n) of this section,
the farm operator shall be responsible for meeting prior notification
requirements. Responsibility may be transferred by contract to a second
party. However, if the effective date of the transfer is unclear,
both the farm operator and the second party may be held liable for
any violation of these regulations.
(b) All applications of pesticides by ground application
equipment, except airblast or mistblowing equipment, are exempted
from this section.
(c) The following persons may request prior notification
of a pesticide application:
(1) any person who works or resides in a building,
house, or other structure located on land adjoining and within 1/4
mile of a field on which pesticides may be applied;
(2) persons in charge of licensed day-care centers,
primary and secondary schools, hospitals, inpatient clinics, or nursing
homes within 1/4 mile of the field on which pesticides are to be applied.
The parent of a primary or secondary school student may for good cause
request notification from the department if the person in charge of
the school has refused to request notification. If the department
determines that notification should be given, the department shall
notify the farm operator to give notification to the person in charge
of the school; and
(3) any person with chemical hypersensitivities, allergies,
or other medical conditions which may be aggravated by pesticide exposure
and whose residence or place of employment is within 1/4 mile of the
field on which pesticides are to be applied.
(d) Except as provided in subsection (n) of this section,
requests for prior notification under this section shall be made in
writing to the farm operator, and should include:
(1) the name and address of the person making the request;
(2) one home and business telephone number at which
the person making the request can be reached and the hours that such
person is normally at each number;
(3) the date of the request;
(4) the location of the field for which the request
for notification is being made;
(5) a request to be notified prior to the application
of any pesticides to the area described in paragraph (4) of this subsection
or the trade name and/or common chemical name of specific pesticides
for which prior notification is requested; and
(6) a request to be notified because of a medical condition
that may be aggravated by pesticide exposure. Such requests must contain
a licensed physician's signed confirmation of the medical condition.
(e) Requests for prior notification should be sent
by certified mail. It shall be the responsibility of the person making
the request to retain copies of the request and the return receipts
of certified letters.
(f) A request for prior notification shall be effective
through December 31 of the year that the request is received. A farm
operator shall commence notifying a requesting party of scheduled
pesticide applications within ten days of receipt of a request for
notification. The department may extend the time to begin notifying
a requesting party upon a showing of sufficient cause by the farm
operator. The department shall notify the requesting party of any
such extension.
(g) The following methods may be used for giving notification
of a scheduled pesticide application:
(1) Except as provided by subsection (n) of this section
if the request for notification is made pursuant to this section,
the notification may be made by:
(A) raising a flag/sign;
(i) The EPA WPS warning flag/sign as shown in §7.36
of this chapter (relating to Application of Worker Protection Standard)
shall be raised to a height of at least approximately five feet, with
the bottom of such flag/sign always at least two feet above the top
of the crop, in or about the field to which pesticides are scheduled
to be applied so that the flag/sign is located no farther than 650
yards from the nearest property line of any person requesting notification.
(ii) In the event of unusually tall crops, such as
citrus, corn, or sugar cane, or limited access fields, the farm operator
may raise a flag/sign at a distance greater than 650 yards from the
nearest property line of the party requesting notification on a permanent
pole to a height visible from the property line of the requesting
party.
(iii) The telephone number of the farm operator shall
be on or near the flag/sign, and the flag/sign shall be raised on
the border of the field at a location to which the public has access
for the purpose of reading the telephone number. The farm operator
shall provide the name of the pesticide and the intended date and
approximate time of the scheduled application when requested by the
requesting party;
(B) giving notification in writing, in person, or by
telephone in English or, when appropriate, Spanish; or
(C) other means mutually agreed upon by both parties.
This agreement must be in writing and a copy filed with the department.
(2) If the request for notification is made pursuant
to a medical condition, notification must be given in person or by
telephone in English or, when appropriate, Spanish.
(A) If the farm operator is unable to reach a person
entitled to notification under this paragraph after making reasonable
efforts, the farm operator may immediately notify the department by
telephone of the following information:
(i) the name and telephone number(s) of the farm operator;
(ii) the name and telephone number(s) of the requesting
party;
(iii) the location of the field scheduled to be treated;
(iv) the intended date and approximate time of the
pesticide application; and
(v) the trade and common chemical name of the pesticide.
(B) The department shall maintain a record of the information
provided by the farm operator for the duration of the notification
request.
(C) If the farm operator telephones the department
between 8:00 a.m. and 5:00 p.m., Monday through Friday, the department
shall immediately attempt to telephone the requesting party and give
notification of the scheduled application. A record showing the date
and time of all such attempts shall be maintained by the department
for the duration of the notification request.
(3) If the request for notification is made pursuant
to subsection (c)(2) of this section, notification may be given in
person or by telephone in English or, when appropriate, Spanish. Alternatively,
if mutually agreed by the farm operator and the person in charge of
any such facility, notification may be given by posting a flag/sign
at a designated location.
(4) No request is necessary for prior notification
of camps owned, managed, or controlled by the farm operator and located
on the field or licensed farm labor camps located on the field or
within 1/4 mile of the field on which pesticides are to be applied.
Notification shall be provided by telephone or in person to the head
of each household. Alternatively, the farm operator may provide notification
in writing by placing a written notice on a bulletin board to which
the camp has access.
(5) A farm operator may notify the department that
the farm operator has given or been unable to give a notification
by telephone or in person to establish a record of such notice. The
department shall maintain a record of such notifications. It is a
violation of this section to provide false information to the department
about efforts to reach a requesting party or about failure to receive
such notification.
(h) Notice given in writing, in person, or by telephone
shall include:
(1) the intended date and approximate time of application;
(2) the trade and common chemical name, if requested,
of the pesticide to be applied; and
(3) the location of the field on which the application
is to be made.
(i) Notice shall be given not later than 24 hours prior
to a scheduled pesticide application.
(1) Notice shall be deemed given pursuant to subsection
(g)(1) and (3) of this section:
(A) at the time of delivery of notification to the
requesting person or at the time of delivery of notification to the
address provided in the request for prior notification;
(B) when the required flag/sign is raised; or
(C) as mutually agreed upon pursuant to an agreement
authorized by subsection (g)(1)(C) of this section.
(2) Notice shall be deemed given pursuant to subsection
(g)(4) of this section:
(A) at the time of delivery of notification in person
or by telephone; or
Cont'd... |
