To buy or apply any pesticide on California’s restricted materials list, you need a California restricted materials permit issued by the County Agricultural Commissioner in the county where the application will happen. The Department of Pesticide Regulation (DPR) sets the list under California Code of Regulations Title 3, Section 6400; the county handles applications, inspections, and enforcement.1CalAgPermits. CalAgPermits – Contact Information The permit itself is only the beginning. You also need a certified applicator behind the work, detailed site documentation up front, a notice before each application, and a use report after.
Who Needs a Permit
The general rule: if you want to purchase or apply anything on the Section 6400 restricted materials list, you need a permit, and the application must be made by or under the direct supervision of a certified applicator.2Department of Pesticide Regulation. California’s Restricted Materials Permitting Program The list is broader than the federal restricted-use list because California adds substances through its own rulemaking.3Legal Information Institute. California Code of Regulations Title 3 Section 6400 – Restricted Materials
Section 6414 carves out several exceptions. You do not need a state permit if:
- The pesticide is on the list only because of its federal restricted-use designation under Section 6400(a), and you hold a certified private or commercial applicator credential (unless your local commissioner requires a permit anyway).
- You are a commercial carrier transporting the material.
- The material is a tributyltin-containing antifouling paint.
- You are a college or university researcher operating under your institution’s policy, or you hold a research authorization under Section 6260.
- You are a licensed pesticide broker holding restricted materials for sale to registrants, dealers, or other brokers.
- You are certified under a U.S. EPA-approved plan and working exclusively on Tribal land.
Structural pest control operators licensed by the Structural Pest Control Board are also exempt, along with certain certified applicators using specific groundwater-risk pesticides outside designated Ground Water Protection Areas.4Department of Pesticide Regulation. California Restricted Materials and Permits If none of these fits your situation, the permit is mandatory.
Certification Behind the Permit
A permit does not authorize just anyone on the property to handle the chemicals. Someone with a Qualified Applicator License (QAL), a Qualified Applicator Certificate (QAC), or a Private Applicator Certificate (PAC) must apply the material or directly supervise the work.
A QAL is the standard commercial credential. It requires passing DPR’s “Laws, Regulations, and Basic Principles” exam plus at least one pest control category exam at 70 percent or higher.5Department of Pesticide Regulation. Qualified Applicator License Packet A PAC covers growers applying restricted materials on their own property. One recent change matters: as of January 1, 2024, PAC holders cannot use or supervise fumigants without additional certification. Burrowing vertebrate pest fumigants (usually aluminum or magnesium phosphide) require a separate Burrowing Vertebrate Pest Fumigation certification, and any other fumigant requires a QAC or QAL in the appropriate fumigation category.6Department of Pesticide Regulation. Certification and Training Rulemaking – Private Applicator Questions and Answers
What to Gather Before You Apply
Missing paperwork is the most common reason a permit stalls. Assemble the following before you approach the commissioner’s office or the CalAgPermits portal.
Operator Identification Number and Site IDs
Every property operator must get an Operator Identification Number (OIN) from the commissioner in each county where pest control work will occur. The OIN stays valid for up to 36 months and appears on every restricted material permit you hold.7Legal Information Institute. California Code of Regulations Title 3 Section 6622 – Operator Identification Numbers With the OIN come site identification numbers for each treatment location. Those site IDs must appear on all pesticide use reports, and you must give them to any pest control business you hire.8Department of Pesticide Regulation. Compendium Volume 1, Chapter 4 – Pesticide Use Reporting and Operator Identification Numbers
Site Maps
Detailed maps of each treatment location are required. They must show property boundaries, lot numbers, acreage, adjacent neighbors, wells, reservoirs, access points, cross streets, and compass orientation. You also have to identify every sensitive site within a quarter-mile, including homes, schools, daycare centers, nursing homes, hospitals, farmworker housing, and certified organic operations.9County of Fresno. Pesticide Use Permits The commissioner will check your maps against actual field conditions.
Alternatives Considered Worksheet
Under 3 CCR Section 6426, both the applicant and the pest control adviser must consider alternatives to using restricted materials before filing.10Department of Pesticide Regulation. Update to Compendium Volume 3 – Restricted Materials and Permitting Alternatives Considered Template You’ll complete an alternatives worksheet for each restricted active ingredient you’re requesting. The point isn’t to block your permit; it’s to document that you evaluated other options and have a legitimate reason for choosing the restricted product.
Pest Control Adviser Recommendation
If a licensed Agricultural Pest Control Adviser (PCA) is involved, they must provide a signed written recommendation before any application. That recommendation identifies the target pest, the pesticide and dosage, the crop and acreage, the treatment schedule, and any foreseeable risk of damage. Copies go to you, the pesticide dealer, and the applicator, and the PCA keeps their own copy for at least one year.11Department of Pesticide Regulation. Agricultural Pest Control Adviser License Packet Growers making decisions on property they control don’t need a separate PCA license, but commercial operations usually rely on a licensed PCA recommendation as part of the package.
Application Method Details
Forms require the target pest, the crop or site, dilution rates, total volumes per treatment area, and the application method (ground equipment, aircraft, or irrigation system). You also flag proximity to water bodies and endangered species habitat. Forms are available through the county commissioner or the CalAgPermits online portal.
How the Commissioner Reviews Your Application
Completed applications go to the County Agricultural Commissioner for the county where the work will occur. Many counties accept electronic submissions through CalAgPermits; in-person appointments are still available.
Under 3 CCR Section 6432, the commissioner must evaluate whether the proposed use could cause a substantial adverse environmental impact. If significant harm is likely, the commissioner has to look for feasible alternatives or mitigation measures that would substantially reduce the impact. Where those exist, the permit is denied or conditioned on using them.12Legal Information Institute. California Code of Regulations Title 3 Section 6432 – Permit Evaluation Your alternatives worksheet feeds directly into this decision.
A pre-site inspection is common, especially for new applicants and complex treatment areas. An inspector checks your maps against actual field conditions and verifies sensitive-site distances. Review times vary with complexity and workload, but expect several days to two weeks.
Approved permits generally run through December 31 of the year they’re issued and must be renewed annually. The commissioner can attach conditions such as wind speed limits during application, wider buffer zones, or a requirement to distribute pesticide safety information leaflets to anyone named on the permit.
If Your Permit Is Denied
You have 20 days from a denial to submit a written request for a hearing. The commissioner must give at least 10 days’ advance notice of the hearing date, and you’ll receive a written decision. If you appeared at the hearing and still disagree, you can appeal to the DPR Director within 10 days, and court review is available after that. Miss the 20-day window and the denial becomes final.13Department of Pesticide Regulation. Volume 3, Chapter 10 – Due Process Related to Permits
After Approval: Notice of Intent and Use Reports
A valid permit doesn’t let you spray whenever you want. Two obligations apply to every single application.
Notice of Intent
Before applying any restricted material, file a Notice of Intent (NOI) with the commissioner. For most restricted materials, the NOI must be submitted at least 24 hours before the application is scheduled to begin.14Legal Information Institute. California Code of Regulations Title 3 Section 6434 – Notice of Intent The advance notice lets the county verify current weather conditions, confirm no new sensitive sites have appeared near the treatment area, and decide whether an inspector should be present.
Pesticide Use Reports
After the application, you file a Pesticide Use Report (PUR) documenting the material used, the exact amount, and the date and time. Deadlines differ by role: a pest control business must submit within seven days of completing the application; a property operator producing an agricultural commodity has until the 10th of the month following the month the work was done.15Legal Information Institute. California Code of Regulations Title 3 Section 6626 – Pesticide Use Reports for Production of an Agricultural Commodity All application records must be kept for at least two years and made available for inspection by federal or state agencies on request.16Office of the Law Revision Counsel. 7 USC 136i-1 – Pesticide Recordkeeping
Field Posting and Worker Safety
Restricted material applications trigger posting and worker protection requirements that go beyond general-use pesticides. Failing them exposes you to the same enforcement as permit violations.
Whenever the label requires it, or whenever the application creates a restricted entry interval longer than 48 hours, you must post bilingual warning signs around the treated field. Signs must be readable from 25 feet, display a skull and crossbones symbol, and carry “DANGER/PELIGRO,” “PESTICIDES/PESTICIDAS,” and “KEEP OUT/NO ENTRE” in contrasting colors. For restricted entry intervals longer than seven days, signs must also show the re-entry date, the property operator’s name, and the field identification.17Legal Information Institute. California Code of Regulations Title 3 Section 6776 – Field Postings Signs go up no earlier than 24 hours before the application and must stay visible through the restricted entry interval, placed at all usual entry points and along any unfenced public right-of-way bordering the treated area, spaced no more than 600 feet apart. Different rules apply for chemigation and fumigation; fumigation signs require the applicator’s contact information, the fumigant name, and the application date and time.
Employers must ensure anyone mixing, loading, or applying restricted materials wears chemical-resistant gloves and protective eyewear at a minimum. Pesticides carrying “DANGER” or “WARNING” require coveralls, except for fumigants unless the label says otherwise. Where a full chemical-resistant suit is required, California adds a temperature limit: if the ambient temperature exceeds 80°F during the day or 85°F at night, the employer must provide cooled suits or engineering controls to bring the effective working temperature down to those thresholds.18Legal Information Institute. California Code of Regulations Title 3 Section 6738.1 – Personal Protective Equipment Use
Penalties for Getting It Wrong
Enforcement runs at multiple levels. Administrative civil penalties under Food and Agricultural Code Section 12999.5 reach $3,000 per violation, and Class A violations under the regulations carry fines up to $15,000 per violation.19California Legislative Information. California Food and Agricultural Code Section 12999-5 Civil court actions for Division 7 violations (which govern restricted materials) range from $3,000 to $75,000 per violation, and criminal prosecution can bring fines up to $100,000 per violation and up to one year in jail.20Department of Pesticide Regulation. Enforcement and Compliance Options Chart
Beyond dollar amounts, the commissioner can suspend or revoke your restricted material permit, refuse to issue future permits (including where a prior penalty is unpaid or a lawful order was ignored), refuse county registration, and issue cease and desist orders halting all pesticide operations until violations are corrected. Late or missing use reports, skipping the Notice of Intent, applying outside permit conditions, and working without proper certification each count as separate violations, and each instance can be penalized on its own. The ongoing obligations carry the same weight as the permit itself.