Is Paraquat Still Being Sold in California?

Is Paraquat Still Being Sold in California? What Families Need to Know

For families across California, the link between the herbicide Paraquat and Parkinson’s disease is a deeply personal and urgent concern. It raises a critical question: is this highly toxic chemical still being sold and used in our state? The answer is complex, and understanding it is vital for anyone who works or lives near agricultural or industrial areas.

If you or a loved one has been diagnosed with Parkinson’s disease and you suspect Paraquat exposure is to blame, you deserve answers. The team at Walch Law is here to provide clarity and compassionate legal guidance. Our consultations are always free and confidential, and we work on a contingency fee basis, meaning you pay nothing unless we secure a financial recovery for your family.

The Short Answer: Yes, But With Strict Controls

Paraquat is still sold and used in California, but it is not available to the general public. You cannot walk into a hardware store and buy it. It is a federally classified “Restricted Use Pesticide” (RUP), and California imposes even stricter controls on top of that.

This means:

• Sales are Tightly Controlled: Only licensed dealers can sell Paraquat to certified, licensed applicators.
• Application is Restricted: Only trained and certified applicators who have obtained a special permit can apply it.
• Use is Documented: Every application must be reported to the local County Agricultural Commissioner, creating a paper trail of its use.

How Paraquat Sales and Use Work in California

California has one of the most robust pesticide regulatory systems in the world, managed by the Department of Pesticide Regulation (DPR) and enforced at the local level by County Agricultural Commissioners.

Here’s how the system for a chemical like Paraquat works:

1. Registration and Permitting: The product must be registered with the DPR. To use it, a certified applicator must obtain a Restricted Materials Permit from their local County Agricultural Commissioner.
2. Notice of Intent (NOI): Before many applications, the permit holder must file a “Notice of Intent” with the county, detailing when and where they plan to spray.
3. Dealer Rules: Licensed dealers must verify the purchaser’s permit and license before selling the product.
4. Training and Safety: Applicators must complete specific Paraquat safety training. Since 2020, regulations also require “closed-system” packaging to reduce the risk of spills and splashes during mixing and loading.
5. Application Reporting: After use, the applicator must submit a detailed Pesticide Use Report to the county, documenting the product, date, location, and amount applied.
6. Storage and Transport: Strict rules govern how Paraquat must be stored and transported to prevent accidents and contamination.

This is fundamentally different from general-use herbicides like many glyphosate-based products (e.g., Roundup), which can be purchased by the public.

Where and Why Is It Still Used?

Despite the health concerns and ongoing litigation, Paraquat remains a tool for some agricultural and industrial operations due to its effectiveness as a fast-acting, broad-spectrum herbicide. Its use persists for:

• Controlling weeds in orchards and vineyards.
• Preparing fields for row crops like cotton and vegetables.
• Managing vegetation along industrial rights-of-way for railroads and utilities.

While many responsible operators have sought safer alternatives, Paraquat is still used in certain situations, often during specific seasonal windows when weed pressure is high.

How to Verify Local Paraquat Use

If you want to know if Paraquat is being used near your home or workplace, you have a right to find out.

• Request Pesticide Use Reports: You can file a Public Records Act request with your local County Agricultural Commissioner’s office for use reports for a specific address or area.
• Check for Permits and NOIs: These documents are also often available through a public records request.
• Ask Employers or Contractors: Workers have a right to know what chemicals they are using and to see the Safety Data Sheets (SDS) for those products.
• For Residents: In addition to public records requests, you can speak with neighboring property owners or managers about their pest control practices. Do not trespass onto private property to investigate.

Exposure Pathways and Safety Basics

Even with strict rules, exposure can happen.

• Workers are at highest risk from spills during mixing, spray drift, equipment failure, and cleaning contaminated gear.
• Re-entry Intervals (REI): After an area is sprayed, a legally required waiting period must pass before people can re-enter. Posted signs should indicate this interval.
• Contaminated Clothing: Bringing home work clothes or boots covered in Paraquat residue can expose family members.
• Workers’ Rights: Employees have a right to safety training, access to records about the chemicals they use, and appropriate Personal Protective Equipment (PPE).

What to Do If You Suspect Exposure

1. Document Everything: Write down the date, time, location, and weather conditions.
2. Take Photos: Capture images of any posted signs, application equipment, or visible residue.
3. Preserve Evidence: Keep the clothing you were wearing in a sealed bag.
4. Wash Your Skin: Thoroughly wash any exposed skin with soap and water immediately.
5. Get a Medical Evaluation: See a doctor, explain what happened, and report any symptoms.
6. Report the Incident: Notify your employer (if applicable) and the County Agricultural Commissioner’s office. A workplace exposure may also trigger a workers’ compensation claim.
7. Keep a Symptom Journal: Track any health changes over time.

Building a Potential Legal Claim

A successful lawsuit requires connecting a Parkinson’s diagnosis to a history of Paraquat exposure. Key evidence includes:

• Permits, NOIs, and Pesticide Use Reports from the county.
• Purchase invoices and application logs.
• Applicator licenses and training records.
• Witness statements from co-workers or neighbors.
• A formal diagnosis of Parkinson’s disease or parkinsonism from a neurologist, supported by medical records that rule out other potential causes.

Deadlines Matter: Do Not Wait to Act

California’s statute of limitations sets a strict deadline for filing a lawsuit. Under the “discovery rule,” this clock usually starts running from the time you were diagnosed and had reason to suspect a link to Paraquat. It is critical to contact an attorney as soon as you have a suspicion to protect your rights. The best California paraquat lawyer can advise on whether to file in the federal Multidistrict Litigation (MDL) or in California state court.

How Walch Law Helps

Navigating the complex world of pesticide regulations and personal injury law is a heavy burden, especially when you are dealing with a serious illness. Our team is here to handle it for you. We will:

• Investigate compliance with California’s strict pesticide use laws.
• Collect all necessary records to build a powerful evidence file.
• Consult with our network of top experts in toxicology, industrial hygiene, and neurology.
• Coordinate all aspects of medical proof required for your claim.
• Provide clear, compassionate communication every step of the way.

If you believe your Parkinson’s diagnosis is connected to Paraquat exposure, contact Walch Law today. We are here to listen to your story and help your family seek the justice you deserve. It only takes one call and no money upfront to get top notch legal representation from a law firm that knows how to win these cases.