Key Takeaways
What Happened: On May 15, 2026, the California Department of Pesticide Regulation (DPR) formally released a proposed regulation that would, for the first time, expressly define pesticide-treated seeds under California law, specify when pesticide-treated seeds are exempt from California pesticide registration requirements, and require monthly reporting of pesticide-treated seed planted in California.
Who’s Impacted: Agricultural pesticide industry stakeholders in California, including pesticide product registrants, applicators, and property owners.
What Companies Should Consider Doing in Response: Review DPR’s proposed regulations and consider submitting comments by June 29, 2026.
Background
Our December 2025 alert discussed DPR’s draft pesticide-treated seed regulations, which were released for informal public review late last year. On May 15, 2026, DPR officially released its proposed regulations to define pesticide-treated seeds, specify conditions under which such seeds will be exempt from pesticide registration requirements, and establish certain reporting requirements. The proposed regulations largely track the draft text released last year with certain changes, which we discuss below.
DPR’s Proposed Regulations
1. Define “pesticide-treated seed.” “Pesticide-treated seed” would mean “any seed treated with one or more pesticides.”
2. Exempt pesticide-treated seed from California registration requirements, subject to certain conditions. A pesticide-treated seed would be exempt from DPR registration if: (1) the seed is treated with a pesticide to protect the seed; and (2) the pesticides used to treat the seed are registered by DPR for that use. DPR states that this approach is intended to harmonize California’s regulation of pesticide-treated seed with the U.S. Environmental Protection Agency’s (EPA) treated article exemption under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), while closing what DPR describes as a “loophole” that currently may allow unregistered seed treated with an EPA-registered, but not DPR-registered, pesticide to be planted in California.
Notably, the proposed regulations do not expressly retain the seed-labeling requirement included in the 2025 draft materials. Instead, DPR explains that the obligation to label treated seed with the EPA registration number of the treatment substance will apply under recently enacted AB 1042, which takes effect on January 1, 2027.
3. Require monthly pesticide use reporting for treated seed planted in California. DPR’s proposal would require treated seed users to report a monthly summary of pesticide-treated seed use, by crop or commodity, to the county agricultural commissioner. Reports would be due by the 10th day of the month following the month in which the seed was planted. If the county has no commissioner, the submitter must provide the report to DPR’s Director.
The report would need to include:
- the name and address of the person or business/organization that planted the pesticide-treated seed;
- the county where the seed was planted;
- the month and year of planting;
- the type of seed;
- the amount of pesticide-treated seed planted;
- the pesticide(s) used to treat the seed, including the EPA or state registration number for each product and the quantity applied by weight or amount per seed; and
- the total area planted during the month.
If a pest control business plants the pesticide-treated seed, the business would be responsible for submitting the report to the county agricultural commissioner and providing a copy to the property operator. Reports must be retained for two years.
4. Exempt pesticide-treated seed from otherwise applicable pesticide use restrictions near school sites.
5. Exempt below-soil planting from certain field worker safety requirements. The proposed regulation would exempt fields where only pesticide-treated seeds have been planted below the soil surface from certain requirements governing field entry after pesticide applications, early entry, restricted entry intervals, restricted entry interval adjustments, and field postings. DPR states that this exemption reflects the limited risk of contact with field workers when seeds are planted below the soil surface. This exemption was not included in the 2025 draft materials.
What Comes Next: Formal Comment Period Underway
DPR opened a 45-day public comment period on May 15, 2026. Interested parties must submit written comments by June 29, 2026. DPR has not yet scheduled a public hearing but will do so if requested by an interested person at least 15 days before the close of the comment period.
After the comment period closes, DPR may finalize the regulation if it remains substantially the same as described in the Notice. If DPR makes substantial changes, it will make the modified text available for at least 15 days before adoption and accept comments on those changes.
Why This Matters
DPR’s proposed rule would create California-specific compliance obligations for pesticide-treated seed that go beyond the federal framework under FIFRA.
Stakeholders should evaluate whether DPR’s proposal creates practical compliance challenges across the seed supply chain. The proposal may also have broader implications, as DPR states that the new reporting data would allow the agency to better assess potential environmental and human health impacts and, if needed, pursue mitigation measures. DPR states it will have “greater authority to mitigate any identified adverse impacts of treated seeds through cancellation, suspension, or modification of the treating pesticide’s registration.”
