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State of California DATE OF ORIGINAL INCIDENT INCIDENT#OR ID COUNTY PAGE Department of Pesticide Regulation Pesticide£nforccment ono.04 DAY 18 YR. 2006 INV 13-24 San Joaquin 5 PESTICIDE EPISODE LOCATION/SUBJECT INVESTIGATIVE REPORT (9 NARRATIVE CONTINUATION San Joaquin County Mosquito Abatement District White Slough Facility ❑ SUPPLEMENTAL REPORT ❑ OTHER: Records show that the last time SJCMAD used Parasite-S was on March 12, 2009 so the material would not be on 2010 records. When I asked if the applicators that used the Parasite-S in 2009 were trained on the label,they replied that the employees that handled that material were trained on it. Further research into the Parasite-S label shows that according to California Food and Agricultural Code (FAC) sections 12753 and 12754.5 (b) this material is not a pesticide. FAC section 12753 states"Pesticide" includes any of the following: (a)Any spray adjuvant. (b)Any substance, or mixture of substances which is intended to be used for defoliating plants, regulating plant growth, or for preventing, destroying, repelling, or mitigating any pest, as defined in Section 12754.5, which may infest or be detrimental to vegetation, man, animals, or households,or be present in any agricultural or nonagricultural environment whatsoever. FAC section 12754.5 states "Pest" means any of the following that is, or is liable to become, dangerous or detrimental to the agricultural or nonagricultural environment of the state: (a)Any insect,predatory animal, rodent,nematode, or weed. (b)Any form of terrestrial, aquatic, or aerial plant or animal virus, fungus, bacteria,or other microorganism (except viruses,fungi, bacteria, or other microorganisms on or in living roan or other living animals). (c)Anything that the director,by regulation, declares to be a pest. The lack of EPA registration number and code section 12754.5 (b)make Parasite—S a material that the Agricultural Commissioner's office does not have any regulatory jurisdiction over. On September 25, 2013 11:00 and 11:57 am 1 spoke with Tiffany Anderson about her complaint about SJCMAD. In our conversations we discussed that I was not able to answer all of the questions in her complaint because the Agricultural Commissioners Office only regulates pesticides and their use. We then discussed how Parasite-S the material with the Formalin is not considered a pesticide by California Department of Pesticide Regulations (CDPR). When we discussed her direct use of the Parasite-S she said that she had noticed that the workers doing the application were wearing respirators but she did not imply that she had done an application herself During the conversation I tried to make it clear that I was only able to regulate pesticide regulations and tried to answer any other questions and concerns she may have with those materials, but most of the questions I did not have jurisdiction over and could not answer them. At the end of our conversations I let Ms. Anderson know that if she thought of any more questions or had more concerns to contact me and that I may be contacting her with more questions concerning her complaint. In regard to Ms. Anderson's concerns, SJCMAD had a complete Handler Training program for the required two year period, hazard communication for pesticide handlers, obtained Operator Identification numbers and submitted monthly summary pesticide use reports to the proper agencies. SJCMAD was found in violation of CCR Section 6674, posting of pesticide storage areas. Violation Notice number 101-814507 was issued to SJCMAD on October 2, 2013. PREPARED BY PREPARED REVTEWELVAPPROVED BY APPROVED NAMEf1ULE MOIDAY(YR NAMUTITLE MOIDAYf" Kimberly D. Martin Barbara. Huecksteadt DAC 33-E27A(EST. I0-79)(Rev SJC I196)