California Department of Pesticide Regulation Announces Limited Enforcement Discretion for Licensing Requirements to Support COVID-19 Control for the Next 90 Days

On April 3, 2020, the California Department of Pesticide Regulation (DPR) announced it would allow enforcement discretion by County Agricultural Commissioners (CAC) for licensing and certification requirements for pesticide applicators who perform sanitization services to control the spread of COVID-19.

DPR states in its announcement that, under normal circumstances, a “Pest Control Business (PCB) must always have a Qualified Applicator License (QAL) holder to supervise pest control services.  Generally, where a PCB performs sanitization services, the QAL must also be certified in Category A, P, or K” described as follows:

• Category A allows PCBs to perform sanitization or disinfection in residential, industrial, or institutional (RII) use settings such as hospitals, schools, or prisons;
• Category P allows PCBs to perform microbial pest control in RII use settings; and
• Category K allows PCBs to perform health related pest control services under a government-sponsored program.

DPR acknowledges that due to Governor Newsom’s March 4, 2020, “Stay at Home” Executive Order, DPR cannot proctor in-person licensing examinations to certify licensees.  DPR thus announced that it will use enforcement discretion by allowing “licensed and registered PCBs to perform sanitization services for the control of COVID-19 if they have a designated individual at each business location with a valid QAL in any category” (emphasis added by DPR).  DPR specifies that enforcement discretion applies when all of the following conditions are met:

1. The professional sanitization service is performed for COVID-19 control and only during the next 90 days.
2. The PCB without the specific QAL license category notifies the CAC in writing with an explanation for why the sanitization work is necessary.
3. Examples of necessary work may include situations in which the PCB is the only licensee registered to do business in the county or where other properly licensed PCBs are unavailable to perform COVID-19-related work.
4. The QAL holder ensures that all applicators applying antimicrobials are properly trained and are in strict compliance with label directions and all other applicable laws and regulations.

The announcement states that those who wish to obtain more information should contact Joe Marade, DPR’s County/State Liaison, at joe.marade@cdpr.ca.gov.