Fillable DATE: November 19, 2020 TO: San Joaquin County (San Joaquin County California )

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DATE: November 19, 2020 TO: San Joaquin County (San Joaquin County California )

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MAIN OFFICE
2101 E. Earhart Avenue, Suite 100
Stockton, California 95206
P: 209-953-6000 F: 209-953-6022
LODI OFFICE
10 W. Locust St.
Lodi, California 95240
P: 209-331-7287 F: 209-331-7288
SIMMS STATION
17620 E. Hwy. 120
Ripon, California 95366
P: 209-468-5542 F: 209-468-5544
DATE: November 19, 2020
TO: San Joaquin County Restricted Materials Permit Applicants
FROM: Tim Pelican, Agricultural Commissioner/Sealer
SUBJECT: ALTERNATIVES CONSIDERED FOR RESTRICTED MATERIALS PERMITS
Dear San Joaquin County Growers and PCA’s,
Statewide, county agricultural commissioners have received clarification from the California Department of
Pesticide Regulation on the requirements of the California Environmental Quality Act (CEQA) as it relates to
the restricted materials permitting process. As we enter into the 2021 pesticide permit season, I would like to
update you on the existing requirements for obtaining your new or renewed restricted materials permit.
The consideration of other alternatives to restricted materials has always been a requirement of the CEQA
process and, as a result, the permitting process. The California Code of Regulations (Title 3 CCR, section
6426), requires all permit applicants (growers) and pest control advisers to consider and use feasible
alternatives before applying for any restricted material, and a restricted material permit, with the county
agricultural commissioner.
What’s a feasible alternative?: A feasible alternative is defined as, “Other chemical or non-chemical
procedure which can reasonably accomplish the same pest control function with comparable effectiveness and
reliability, taking into account economic, environmental, social, and technological factors and timeliness of
control.” (Title 3 CCR, section 6000).
What does this mean to you?: To comply with both CEQA and the California Code of Regulations (Title 3
CCR, section 6426) requirements, documentation of the feasible alternatives considered by a grower and/or
pest control adviser is required for each restricted material listed on a restricted material permit. Starting
immediately with all 2021 pesticide permit applications, you must provide our office documentation that you
have considered feasible alternatives for each restricted material (pesticide) that you request be placed on your
permit.
How do I do that?: An “Alternatives Worksheet” is available to document the feasible alternatives you
considered for each restricted material you request on your permit. To help provide you guidance in completing
the form, please refer to the “Alternatives Worksheet Applicant Information and Instructions” document. Our
office will consider the information you provided on feasible alternatives and mitigation measures in its
independent review of your permit application, per Title 3, CCR section 6432.
We understand this new requirement may create an added workload for you; therefore, we pledge to
work with you to ensure you can continue to protect your crops while maintaining full compliance
with California’s pesticide laws and regulations. Please contact our office at (209) 953-6000 with
questions.
MAIN OFFICE
2101 E. Earhart Avenue, Suite 100
Stockton, California 95206
P: 209-953-6000 F: 209-953-6022
LODI OFFICE
10 W. Locust St.
Lodi, California 95240
P: 209-331-7287 F: 209-331-7288
SIMMS STATION
17620 E. Hwy. 120
Ripon, California 95366
P: 209-468-5542 F: 209-468-5544
Alternatives Worksheet Applicant Information & Instructions
Title 3 of the California Code of Regulations (CCR), section 6426 requires a permit applicant
(grower) and their pest control adviser to consider feasible alternatives to the use of
restricted materials before applying for a restricted material permit with the county
agricultural commissioner (CAC). This section provides:
6426 (a) Each licensed agricultural pest control adviser and grower, when determining
if and when to use a pesticide that requires a permit, shall consider, and if feasible,
adopt any reasonable, effective and practical mitigation measure or use any feasible
alternative which would substantially lessen any significant adverse impact on the
environment.
The consideration of alternatives to restricted materials during the permit process fulfills one
of the requirements of the California Environmental Quality Act (CEQA) (Pub. Resources
Code, §§ 21000 et seq.; 21080.5.) To document compliance, we are asking you, the permit
applicant, to identify the alternative pest management practices (feasible alternatives) that you
considered before submitting your restricted material permit application.
A feasible alternative is defined in Title 3, CCR section 6000 as:
6000 Other chemical or non-chemical procedure which can reasonably accomplish
the same pest control function with comparable effectiveness and reliability, taking
into account economic, environmental, social, and technological factors and
timeliness of control.
Therefore, when determining the feasibility of alternatives you should consider the following:
a. Effectiveness (consider: broad control vs. selectivity, allowable applications per
season, delivery mechanism, etc.)
b. Reliability (consider: weather effects, resistance development, effects of other
species such as argentine ants when attempting to control mealybugs, etc.)
And you should take into account the following:
a. Economic Factors (consider: cost-benefit of application, quality metrics, harvest
timing, trade restrictions, etc.)
b. Environmental Factors (consider: how alternative could avoid or substantially lessen
any significant environmental effect)
c. Social Factors (consider: nearby buildings or institutions, availability of labor
and PPE, likeliness of drift, etc.)
MAIN OFFICE
2101 E. Earhart Avenue, Suite 100
Stockton, California 95206
P: 209-953-6000 F: 209-953-6022
LODI OFFICE
10 W. Locust St.
Lodi, California 95240
P: 209-331-7287 F: 209-331-7288
SIMMS STATION
17620 E. Hwy. 120
Ripon, California 95366
P: 209-468-5542 F: 209-468-5544
d. Technological Factors (consider: delivery mechanism, type of sprayer
available, acreage and topography, automation, etc.)
The CAC will consider the information you provided above in its independent
review of your permit application and in the CAC’s consideration of feasible
alternatives and mitigation measures, per Title 3, CCR section 6432. That section
provides:
6432 (a) Each commissioner, prior to issuing any permit to use a pesticide and
when evaluating a notice of intent, shall determine if a substantial adverse
environmental impact may result from the use of such pesticide. If the
commissioner determines that a substantial adverse environmental impact will
likely occur from the use of the pesticide, the commissioner shall determine if
there is a feasible alternative, including the alternative of no pesticide
application, or feasible mitigation measure that would substantially reduce the
adverse impact. If the commissioner determines that there is a feasible
alternative or feasible mitigation measure which significantly reduces the
environmental impact, the permit or intended pesticide application shall be
denied or conditioned on the utilization of the mitigation measure.
As noted above, the CAC must consider alternatives to the pesticide application,
including a no project alternative of denying or postponing the requested application.
The CAC may select this alternative if the CAC determines that there are no feasible
mitigation measures that are capable of avoiding or minimizing any potentially
substantial adverse impact of the pesticide application. The CAC may also condition
permit approval on the inclusion of additional specific and binding permit conditions in
order to lessen or avoid any potentially substantial adverse impacts of the pesticide
application.
Where can I get further assistance in filling out the Alternatives Worksheet and
describing the alternatives that I considered? As noted above, your pest control
advisor is required to certify that all feasible alternatives have been considered, and
so may have a list of alternatives that he or she considered for your review and
assistance in completing in the Alternatives Worksheet. The University of California
also maintains a list of Integrated Pest Management (IPM) practices at
http://ipm.ucanr.edu/, which describes alternatives to using restricted use materials in
the management of pests in multiple settings (including home, garden, turf,
landscape, agricultural and natural environment).
(November 2020)
MAIN OFFICE
2101 E. Earhart Avenue, Suite 100
Stockton, California 95206
P: 209-953-6000 F: 209-953-6022
LODI OFFICE
10 W. Locust St.
Lodi, California 95240
P: 209-331-7287 F: 209-331-7288
SIMMS STATION
17620 E. Hwy. 120
Ripon, California 95366
P: 209-468-5542 F: 209-468-5544
Alternatives Considered - Restricted Materials Permit
Permit Number:
Permittee Name:
Agent Name & Title:
Telephone Number:
Title 3 of the California Code of Regulations (CCR), section 6426 requires a permit applicant
(grower) and their pest control adviser to consider feasible alternatives to the use of restricted
materials before applying for a restricted material permit with the county agricultural
commissioner (CAC). This section provides:
6426 (a) Each licensed agricultural pest control adviser and grower, when
determining if and when to use a pesticide that requires a permit, shall consider,
and if feasible, adopt any reasonable, effective and practical mitigation measure or
use any feasible alternative which would substantially lessen any significant
adverse impact on the environment.
Please complete the following, and include this information with your restricted material permit
application. This information is necessary in order for your application to be deemed complete.
The CAC’s office will not process incomplete permit applications. For each restricted material
requested, please list the feasible alternatives that you considered before applying for a
restricted material permit, including:
1.
Non-chemical pest management practice alternatives such as, but not limited to, hand
weeding or mowing; orchard floor sanitation to remove mummy nuts or berries; timing
pruning to minimize chance of fungal infection; or trapping, habitat modification, and
use of predators for rodent control. [Attach additional pages if necessary].
More than one restricted material -see attached multi-material review form(s).
2.
Reduced risk chemical alternatives such as, but not limited to, non- restricted
pesticide products, certified organic or FIFRA section 25(b) exempt/minimum risk
pesticide products. [Attach additional pages if necessary].
More than one restricted material -see attached multi-material review form(s).
MAIN OFFICE
2101 E. Earhart Avenue, Suite 100
Stockton, California 95206
P: 209-953-6000 F: 209-953-6022
LODI OFFICE
10 W. Locust St.
Lodi, California 95240
P: 209-331-7287 F: 209-331-7288
SIMMS STATION
17620 E. Hwy. 120
Ripon, California 95366
P: 209-468-5542 F: 209-468-5544
Alternatives Considered - Restricted Materials Permit
(Continued)
MULTI-MATERIAL REVIEW FORM Page _____ of _____
Permit Number:
Permittee Name:
Restricted
Material
Code on
Permit
Non-chemical pest
management practice
alternatives considered.
Reduced risk chemical
alternatives
considered.
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DATE: November 19, 2020 TO: San Joaquin County (San Joaquin County California )

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Completed 26 December 2020

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