8551.6.
(a) For purposes of this section, all of the following definitions shall apply:
(1) “Direct supervision” means the direction of actions authorized by this section by a licensed operator or field representative who shall be physically present on location and immediately available to intervene.
(2) “Outdoor applications” means pesticide applications made to exterior areas, including exterior structural surfaces, exterior perimeters, landscape areas, hardscape areas, and other outdoor areas associated with a structure. “Outdoor applications” does not include applications made within the interior of any structure, including occupied spaces, food-handling areas, attics, crawlspaces, subareas, wall voids, or other enclosed interior areas.
(3) “Supervision” means either direct supervision or the direction of actions authorized by this section by a licensed operator or field representative who is immediately available to the unlicensed individual during pesticide application, either by being physically present at the site or through audio and video communication with access to the customer’s relevant information and the ability to intervene by directing onsite personnel.
(b) Notwithstanding any other law, an unlicensed individual employed by a registered company who has applied for a structural pest control applicator examination in Branch 2 and Branch 3 may apply pesticides included in Branch 2 and Branch 3 outdoors under the supervision of a licensed operator or field representative for a period of up to 60 days, commencing upon approval from the board, if both of the following conditions are met:
(1) The unlicensed individual has submitted a complete structural pest control applicator examination application to the board, as evidenced by written or electronic confirmation of receipt.
(2) The unlicensed individual has completed documented training in pesticide application as described in subdivision (c).
(c) (1) The training shall, at a minimum, be relevant to Branch 2 and Branch 3 structural pest control work and include sufficient instruction to ensure safe and competent pesticide application. The training shall include, for each pesticide or chemically similar group of pesticides, all of the following:
(A) The unlicensed individual’s responsibility to consumer safety to protect persons, animals, and property while applying pesticides, including sensitive populations such as pregnant women and children.
(B) The format and meaning of information contained in pesticide product labeling and safety data sheets applicable to the safe use of pesticides, including how to identify if a product is either a federal restricted use pesticide or a California restricted material as described in Section 6400 of Title 3 of the California Code of Regulations.
(C) Site preparation requirements, proper pesticide application equipment use, and the necessity and appropriate use of any required personal protective equipment and measures.
(D) Safety requirements and procedures, including decontamination procedures.
(E) Hazards of pesticides, hazard communication, and hazard exposure routes for pesticides, including signs and symptoms of overexposure.
(F) Employee rights.
(2) (A) In addition to the requirements described in paragraph (1), the training pursuant to this subdivision shall include a minimum of 80 hours of documented in-person training in pesticide application under the direct supervision of a licensed operator or field representative.
(B) The training shall be in a manner the employee can understand and in a format or combination of formats determined appropriate by the registered company or supervising licensee, including classroom, field, audiovisual, electronic, written, demonstrative, supervised practical, or other substantially equivalent training methods. The training shall be provided by, or under the direction of, a licensed operator, licensed field representative, registered company, or their designee.
(3) The board may adopt regulations to further specify or modify the training components and competencies required pursuant to this subdivision. The training shall focus on pesticide handling, pesticide application, pesticide safety, label compliance, and the applicable laws and regulations.
(d) The authorization period provided by this section shall:
(1) Be granted once per individual.
(2) Commence upon approval from the board.
(3) Not be renewed or granted again, including after failure of the examination, submission of a subsequent application, or change in employment.
(4) Terminate upon license issuance, application denial, failure of the examination, or expiration of the 60-day period, whichever occurs first.
(e) The authorization period provided by this section shall not extend any training or supervision period authorized under Section 8551.5.
(f) This section does not expand or limit any laws authorizing or prohibiting an unlicensed individual from applying a pesticide classified as a restricted use pesticide pursuant to Section 3 of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. Sec. 136a) or a California restricted material as described in Section 6400 of Title 3 of the California Code of Regulations.
(g) Any pesticide application performed by the unlicensed individual pursuant to this section shall be limited to outdoor applications only.
(h) (1) The registered company and supervising licensee shall maintain for not less than three years documentation demonstrating compliance with paragraphs (1) and (2) of subdivision (b). This documentation shall include, at a minimum, all of the following:
(A) The date or date range during which training was completed and the total number of hours of training completed.
(B) The type or types of training provided.
(C) A brief description of the subject matter covered.
(D) The name and signature, which may include an electronic signature, of the licensed operator or licensed field representative responsible for the training.
(E) Proof of completion of the training required by subdivision (c).
(2) The registered company and supervising licensee shall retain the documentation described in this subdivision for not less than three years and shall make that documentation available to the board, the Department of Pesticide Regulation, the county agricultural commissioner, or the applicant upon request.
(i) This section is operative on January 1, 2028.