Do I have to post a warning sign when I apply pesticides in public spaces?

In California, pesticide applicators are required to post signage when pesticide labels require posting notices as is outlined in CCR 6776 and Food & Agricultural Code 12973.  Schools are a little different and are required to post notices regardless of the label requirements (See Healthy Schools Act of 2000).

6776. Field Postings.

(a) The operator of the property shall assure that signs are posted around treated fields in the following circumstances:

(1)Whenever required by pesticide product labeling, unless access to the treated field is controlled in a manner that assures no employee (other than the handlers making the application) will enter, work in, remain in, or walk within 1/4 mile during the application and the restricted entry interval;

(2) All greenhouse applications, unless access is controlled in a manner that assures no employee (other that the handlers making the application) will enter, work in, remain in, or pass through the greenhouse during the application and the restricted entry interval; and

(3) Any application that results in a restricted entry interval of greater than seven days (after adjustment pursuant to Section 6774).

(b) The signs shall be of a size so that the wording specified in (2) and (3) is readable and the skull and crossbones symbol is clearly visible, to a person with normal vision, from a distance of 25 feet. Signs complying with the size requirements of Title 40 Code of Federal Regulations, Part 170.120 are considered to be readable at 25 feet. The signs shall contain the following:

(1) The skull and crossbones symbol near the center of the sign;
(2) The words “DANGER” and “PELIGRO” and “PESTICIDES” and “PESTICIDAS” in the upper portion of the sign;
(3) The words “KEEP OUT” and “NO ENTRE” in the lower portion on the sign;
(4) Whenever the sign is used to indicate a restricted entry interval of more than 7 days, the following information in the lower portion of the sign:
(A) The date of unrestricted entry;
(B) The name of the operator of the property; and
(C) The field identification, (if any); and
(5) All letters and the symbol shall be of a color which sharply contrasts with their immediate background
(6) The Spanish portion of the sign may be replaced with another non-English language which is read by a majority of workers who do not read English. The replacement sign must be in the same format and meet the same size and other requirements as the original.

(c) The signs shall:

(1) Be posted before the application begins but shall not be posted unless a pesticide application is scheduled within the next 24 hours;

(2) Remain posted and clearly legible throughout the application and the restricted entry interval; and,

(3) Be removed within three days after the end of the restricted entry interval and before any entry prohibited during a restricted entry interval.

(d) The signs shall be posted so that they are visible at all usual points of entry to the treated area, including each road, footpath, walkway, or aisle that enters the treated field, and each border with any labor camp adjacent to the treated field. If there are no identified usual points of entry to the treated field, signs shall be posted at the corners of the treated field. When a treated field is adjacent to an unfenced public right-of-way, such as a road, trail, or path, additional signs shall be posted at each end of the treated field and at intervals not exceeding 600 feet along the treated field’s border with the right-of-way.

(e) When a pesticide product with the signal word “DANGER” on the label, or a minimal exposure pesticide listed in Section 6790, is being applied to a field through an irrigation system, signs shall be posted in the manner specified in (d). These signs shall contain the following:

(1) An octagon stop sign symbol at least eight inches in diameter containing the word “STOP” in English;

(2) The words “KEEP OUT” and “NO ENTRE” above the symbol and the words “PESTICIDES IN IRRIGATION WATER” and “PESTICIDAS EN AGUA de RIEGO” below the symbol;

(3) All letters shall be at least 2-1/2 inches tall; and

(4) All letters and the symbol shall be of a color which sharply contrasts with their immediate background.

(f) When a fumigant is applied to a field, signs shall be posted in the manner specified in (d). These signs shall contain the following information instead of the information specified in (b):

(1) The skull and crossbones symbol; and

(2) The following statements:

(A) “DANGER/PELIGRO”;

(B) “Area under fumigation, DO NOT ENTER/NO ENTRE”;

(C) “(Name of Fumigant) Fumigant in use”;

(D) The date and time of the fumigation; and

(E) The name, address, and telephone number of the applicator.

 

NOTE: Authority cited: Section 12981, Food and Agricultural Code.

 

Reference: Sections 12980 and 12981, Food and Agricultural Code.

 

 

Food and Ag Code 12973.  

The use of any pesticide shall not conflict with labeling registered pursuant to this chapter which is delivered with the pesticide or with any additional limitations applicable to the conditions of any permit issued by the director or commissioner.

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