Food and Agricultural Code — Part 2 | FAC — United States — California law | Esheria

Food and Agricultural Code

Part 2 of 48 · provisions 201–400

This section says the act is to be known as the “Food and Agricultural Code.”

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A person may not alter a record or document filed in a commissioner’s office under this code unless the commissioner or an authorized deputy approves it. The department may establish and maintain tuberculosis control areas within this state. When the department establishes a tuberculosis control area, the affected industry must be notified. The State Veterinarian may authorize testing of cattle in a tuberculosis control area to identify animals affected with tuberculosis. Owners of cattle in a tuberculosis control area must, when the department asks, provide facilities and help for tuberculosis testing.

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Provisions of Food and Agricultural Code

Showing 200 of 9,557

  1. 11737.5.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 4. Pest Control [11701 - 11897] ( Heading of Chapter 4 amended by Stats. 1993, Ch. 620, Sec. 4. ) ## ARTICLE 2. Registration [11731 - 11741] ( Article 2 enacted by Stats. 1967, Ch. 15. )

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    A person must not violate an order issued by the commissioner or director under Section 11737.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 4. Pest Control [11701 - 11897] ( Heading of Chapter 4 amended by Stats. 1993, Ch. 620, Sec. 4. ) ## ARTICLE 2. Registration [11731 - 11741] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 11737.5. It is unlawful for any person to violate any order of a commissioner or the director made pursuant to Section 11737. The commissioner or director may bring an action to enjoin the violation or the threatened violation of any order made pursuant to Section 11737 in the superior court in the county in which the order was issued or the violation has occurred or is threatened, and the court may enjoin such violation or threatened violation upon such showing and without further evidence of irreparable injury. The court may compel specific performance of any acts or course of conduct necessary to protect persons, animals, crops, or property. (Added by Stats. 1971, Ch. 1187.)
  2. 11738.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 4. Pest Control [11701 - 11897] ( Heading of Chapter 4 amended by Stats. 1993, Ch. 620, Sec. 4. ) ## ARTICLE 2. Registration [11731 - 11741] ( Article 2 enacted by Stats. 1967, Ch. 15. )

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    The commissioner may adopt regulations to qualify certain people by examination or other means.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 4. Pest Control [11701 - 11897] ( Heading of Chapter 4 amended by Stats. 1993, Ch. 620, Sec. 4. ) ## ARTICLE 2. Registration [11731 - 11741] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 11738. The regulations of the commissioner may provide for the qualification, by examination or otherwise of the following persons: (a) Registrants. (b) Persons in charge of the pest control operations of registrants within the county. (c) Persons employed by registrants to operate pest control equipment, other than aircraft, within the county. (Enacted by Stats. 1967, Ch. 15.)
  3. 11739.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 4. Pest Control [11701 - 11897] ( Heading of Chapter 4 amended by Stats. 1993, Ch. 620, Sec. 4. ) ## ARTICLE 2. Registration [11731 - 11741] ( Article 2 enacted by Stats. 1967, Ch. 15. )

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    The commissioner may make regulations treating county pest-control equipment operations as grounds for cancellation of registration unless a qualified person is in charge or each unit is personally directed by a qualified person.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 4. Pest Control [11701 - 11897] ( Heading of Chapter 4 amended by Stats. 1993, Ch. 620, Sec. 4. ) ## ARTICLE 2. Registration [11731 - 11741] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 11739. The regulations of the commissioner may provide that it is a ground for cancellation of registration to operate pest control equipment within the county unless either: (a) A person qualified pursuant to Section 11738 is in charge of the operations. (b) Each unit which is operated within the county is under personal direction of a person qualified pursuant to Section 11738. (Enacted by Stats. 1967, Ch. 15.)
  4. 11740.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 4. Pest Control [11701 - 11897] ( Heading of Chapter 4 amended by Stats. 1993, Ch. 620, Sec. 4. ) ## ARTICLE 2. Registration [11731 - 11741] ( Article 2 enacted by Stats. 1967, Ch. 15. )

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    The commissioner may revoke, suspend, or refuse to issue or renew a certificate of qualification if the applicant or holder is incompetent, violates the division or its regulations, or disobeys a lawful order.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 4. Pest Control [11701 - 11897] ( Heading of Chapter 4 amended by Stats. 1993, Ch. 620, Sec. 4. ) ## ARTICLE 2. Registration [11731 - 11741] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 11740. Any certificate of qualification which is issued pursuant to Section 11738 may be revoked or suspended, or its issuance or renewal refused, if the commissioner finds that the applicant or holder of the certificate is incompetent or has violated any provision of this division, or any regulation which is issued pursuant to it, or has not complied with any lawful order of the commissioner. (Enacted by Stats. 1967, Ch. 15.)
  5. 11741.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 4. Pest Control [11701 - 11897] ( Heading of Chapter 4 amended by Stats. 1993, Ch. 620, Sec. 4. ) ## ARTICLE 2. Registration [11731 - 11741] ( Article 2 enacted by Stats. 1967, Ch. 15. )

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    A person whose certificate was revoked, suspended, or refused may appeal to the director for a hearing within 10 days.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 4. Pest Control [11701 - 11897] ( Heading of Chapter 4 amended by Stats. 1993, Ch. 620, Sec. 4. ) ## ARTICLE 2. Registration [11731 - 11741] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 11741. Any person whose certificate has been revoked, suspended, or refused may appeal to the director within 10 days for a hearing. (Enacted by Stats. 1967, Ch. 15.)
  6. 11761.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 4. Pest Control [11701 - 11897] ( Heading of Chapter 4 amended by Stats. 1993, Ch. 620, Sec. 4. ) ## ARTICLE 3. Report of Damage From Pesticides [11761 - 11765] ( Article 3 enacted by Stats. 1967, Ch. 15. )

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    A person claiming pesticide-related loss, nonperformance, or damage must file a verified report with the county commissioner within 30 days after learning of the occurrence.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 4. Pest Control [11701 - 11897] ( Heading of Chapter 4 amended by Stats. 1993, Ch. 620, Sec. 4. ) ## ARTICLE 3. Report of Damage From Pesticides [11761 - 11765] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 11761. Any person that alleges any loss, nonperformance, or damage as a result of the use or application of any pesticide, or of any substance, method, or device for pesticidal purposes; or for the purpose of preventing, destroying, repelling, mitigating, or correcting any disorder of plants; or for the purpose of inhibiting, regulating, stimulating, or otherwise altering plant growth by direct application to plants or soil shall, within 30 days from the time that the occurrence of such loss, nonperformance, or damage became known to such person, file with the commissioner of the county in which the loss, nonperformance, or damage, or some part of the loss, nonperformance, or damage, is alleged to have occurred, a verified report of the loss, nonperformance, or damage. (Amended by Stats. 1974, Ch. 774.)
  7. 11762.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 4. Pest Control [11701 - 11897] ( Heading of Chapter 4 amended by Stats. 1993, Ch. 620, Sec. 4. ) ## ARTICLE 3. Report of Damage From Pesticides [11761 - 11765] ( Article 3 enacted by Stats. 1967, Ch. 15. )

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    If a crop is alleged to have been damaged by activities in Section 11761, a verified report of loss, nonperformance, or damage must be filed before 50% of the crop is harvested, unless the damage is not known until after harvest.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 4. Pest Control [11701 - 11897] ( Heading of Chapter 4 amended by Stats. 1993, Ch. 620, Sec. 4. ) ## ARTICLE 3. Report of Damage From Pesticides [11761 - 11765] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 11762. If a growing crop is alleged to have been damaged as a result of the activities which are described in Section 11761, the verified report of loss, nonperformance, or damage shall be filed prior to the time 50 percent of the crop is harvested, unless the loss, nonperformance, or damage is not known until after the crops are harvested. (Amended by Stats. 1974, Ch. 774.)
  8. 11763.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 4. Pest Control [11701 - 11897] ( Heading of Chapter 4 amended by Stats. 1993, Ch. 620, Sec. 4. ) ## ARTICLE 3. Report of Damage From Pesticides [11761 - 11765] ( Article 3 enacted by Stats. 1967, Ch. 15. )

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    A claimant’s verified report of loss, nonperformance, or damage must include specified information, but only as far as the claimant knows it.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 4. Pest Control [11701 - 11897] ( Heading of Chapter 4 amended by Stats. 1993, Ch. 620, Sec. 4. ) ## ARTICLE 3. Report of Damage From Pesticides [11761 - 11765] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 11763. The verified report of loss, nonperformance, or damage shall set forth, so far as known to the claimant, all of the following: (a) Name and address of the claimant. (b) Type, kind and location of property which is allegedly injured or damaged. (c) Date the alleged loss, nonperformance, or damage occurred. (d) Name of pest control operator that is allegedly responsible. (e) Name of the owner or occupant of the property for whom the person or pest control operator was rendering labor or services. (Amended by Stats. 1974, Ch. 774.)
  9. 11764.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 4. Pest Control [11701 - 11897] ( Heading of Chapter 4 amended by Stats. 1993, Ch. 620, Sec. 4. ) ## ARTICLE 3. Report of Damage From Pesticides [11761 - 11765] ( Article 3 enacted by Stats. 1967, Ch. 15. )

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    A complaint does not have to allege whether the verified report was filed or not filed, and failing to file the verified report does not block a civil damages action.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 4. Pest Control [11701 - 11897] ( Heading of Chapter 4 amended by Stats. 1993, Ch. 620, Sec. 4. ) ## ARTICLE 3. Report of Damage From Pesticides [11761 - 11765] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 11764. The filing of the verified report, or the failure to file it, need not be alleged in any complaint which may be filed. The failure to file the verified report of loss, nonperformance, or damage is not a bar to the maintenance of a civil action for the recovery of damages for the loss, nonperformance, or damage. (Amended by Stats. 1974, Ch. 774.)
  10. 11765.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 4. Pest Control [11701 - 11897] ( Heading of Chapter 4 amended by Stats. 1993, Ch. 620, Sec. 4. ) ## ARTICLE 3. Report of Damage From Pesticides [11761 - 11765] ( Article 3 enacted by Stats. 1967, Ch. 15. )

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    If a verified report of loss is not filed, that failure counts as evidence that no loss, nonperformance, or damage occurred.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 4. Pest Control [11701 - 11897] ( Heading of Chapter 4 amended by Stats. 1993, Ch. 620, Sec. 4. ) ## ARTICLE 3. Report of Damage From Pesticides [11761 - 11765] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 11765. The failure to file a verified report of loss is evidence that no loss, nonperformance, or damage occurred. (Amended by Stats. 1974, Ch. 774.)
  11. 11791.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 4. Pest Control [11701 - 11897] ( Heading of Chapter 4 amended by Stats. 1993, Ch. 620, Sec. 4. ) ## ARTICLE 4. Violations [11791 - 11792] ( Article 4 enacted by Stats. 1967, Ch. 15. )

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    People subject to this division must not make false or fraudulent claims, act carelessly or negligently, ignore required rules or orders, or fail to keep records and make reports when required.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 4. Pest Control [11701 - 11897] ( Heading of Chapter 4 amended by Stats. 1993, Ch. 620, Sec. 4. ) ## ARTICLE 4. Violations [11791 - 11792] ( Article 4 enacted by Stats. 1967, Ch. 15. ) ## 11791. It is unlawful for any person subject to this division to do any of the following: (a) Make any false or fraudulent claim, or misrepresent the effects of material or method to be applied, apply any worthless or improper material, or otherwise engage in any unfair practices. (b) Operate in a faulty, careless, or negligent manner. (c) Refuse or neglect to comply with this division, or any regulation issued pursuant to this division, or any lawful order of the commissioner or the director. (d) Refuse or neglect to keep and maintain the records which are required by this division, or to make reports when and as required. (Amended by Stats. 1990, Ch. 1192, Sec. 1.)
  12. 11792.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 4. Pest Control [11701 - 11897] ( Heading of Chapter 4 amended by Stats. 1993, Ch. 620, Sec. 4. ) ## ARTICLE 4. Violations [11791 - 11792] ( Article 4 enacted by Stats. 1967, Ch. 15. )

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    People subject to this division must not make false records, operate in a county without registering with the commissioner, use unqualified equipment operators, commit fraud in licensing matters, cheat or subvert a licensing exam, or ignore Chapter 3 of Division 7.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 4. Pest Control [11701 - 11897] ( Heading of Chapter 4 amended by Stats. 1993, Ch. 620, Sec. 4. ) ## ARTICLE 4. Violations [11791 - 11792] ( Article 4 enacted by Stats. 1967, Ch. 15. ) ## 11792. It is also unlawful for any person that is subject to this division to do any of the following: (a) Make any false or fraudulent record or report. (b) Operate in any county without first having registered with the commissioner. (c) Operate equipment with incompetent or unqualified persons in charge of the equipment. (d) Make any false or fraudulent statement, record, or report or use any fraud or misrepresentation in connection with meeting any license requirement found in this division. (e) Cheat on or subvert a licensing examination. As used in this subdivision, “subvert” includes, but is not limited to, the unauthorized possession, reproduction, or distribution of any portion of the licensing examination. (f) Fail to comply with the provisions of Chapter 3 (commencing with Section 14001) of Division 7. (Amended by Stats. 2018, Ch. 92, Sec. 74. (SB 1289) Effective January 1, 2019.)
  13. 11891.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 4. Pest Control [11701 - 11897] ( Heading of Chapter 4 amended by Stats. 1993, Ch. 620, Sec. 4. ) ## ARTICLE 5. Penalties and Injunctive Relief [11891 - 11895.5] ( Heading of Article 5 amended by Stats. 1993, Ch. 624, Sec. 3. )

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    A person who violates this division or any regulation under it commits a misdemeanor and may be fined, imprisoned, or both.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 4. Pest Control [11701 - 11897] ( Heading of Chapter 4 amended by Stats. 1993, Ch. 620, Sec. 4. ) ## ARTICLE 5. Penalties and Injunctive Relief [11891 - 11895.5] ( Heading of Article 5 amended by Stats. 1993, Ch. 624, Sec. 3. ) ## 11891. Every person who violates this division, or any regulation issued pursuant to this division, is guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than five thousand dollars ($5,000) nor more than fifty thousand dollars ($50,000), or by imprisonment of not less than 10 days nor more than six months, or by both that fine and imprisonment. Each violation constitutes a separate offense. (Amended by Stats. 2022, Ch. 574, Sec. 1. (AB 211) Effective September 27, 2022.)
  14. 11892.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 4. Pest Control [11701 - 11897] ( Heading of Chapter 4 amended by Stats. 1993, Ch. 620, Sec. 4. ) ## ARTICLE 5. Penalties and Injunctive Relief [11891 - 11895.5] ( Heading of Article 5 amended by Stats. 1993, Ch. 624, Sec. 3. )

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    The director may pursue civil prosecution for a violation of this division, and the commissioner may impose civil penalties instead of seeking misdemeanor prosecution.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 4. Pest Control [11701 - 11897] ( Heading of Chapter 4 amended by Stats. 1993, Ch. 620, Sec. 4. ) ## ARTICLE 5. Penalties and Injunctive Relief [11891 - 11895.5] ( Heading of Article 5 amended by Stats. 1993, Ch. 624, Sec. 3. ) ## 11892. In lieu of seeking prosecution of any violation of this division as a misdemeanor, and the penalty prescribed in Section 11891, the director may prosecute civilly pursuant to Sections 11893 and 11894 or the commissioner may levy civil penalties pursuant to Section 12999.5. (Amended by Stats. 1985, Ch. 943, Sec. 1.)
  15. 11893.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 4. Pest Control [11701 - 11897] ( Heading of Chapter 4 amended by Stats. 1993, Ch. 620, Sec. 4. ) ## ARTICLE 5. Penalties and Injunctive Relief [11891 - 11895.5] ( Heading of Article 5 amended by Stats. 1993, Ch. 624, Sec. 3. )

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    A person who violates this division or a regulation under it is civilly liable for $3,000 to $30,000 per violation.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 4. Pest Control [11701 - 11897] ( Heading of Chapter 4 amended by Stats. 1993, Ch. 620, Sec. 4. ) ## ARTICLE 5. Penalties and Injunctive Relief [11891 - 11895.5] ( Heading of Article 5 amended by Stats. 1993, Ch. 624, Sec. 3. ) ## 11893. Any person who violates this division, or any regulation issued pursuant to this division, is liable civilly in an amount not less than three thousand dollars ($3,000) nor more than thirty thousand dollars ($30,000) for each violation. Any money recovered under this section shall be paid into the Department of Pesticide Regulation Fund for use by the department in administering and enforcing this division pursuant to Section 11513, and in administering Division 7 (commencing with Section 12501). (Amended by Stats. 2022, Ch. 574, Sec. 2. (AB 211) Effective September 27, 2022.)
  16. 11894.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 4. Pest Control [11701 - 11897] ( Heading of Chapter 4 amended by Stats. 1993, Ch. 620, Sec. 4. ) ## ARTICLE 5. Penalties and Injunctive Relief [11891 - 11895.5] ( Heading of Article 5 amended by Stats. 1993, Ch. 624, Sec. 3. )

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    The Attorney General may seek civil penalties against people who violate this division or its regulations.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 4. Pest Control [11701 - 11897] ( Heading of Chapter 4 amended by Stats. 1993, Ch. 620, Sec. 4. ) ## ARTICLE 5. Penalties and Injunctive Relief [11891 - 11895.5] ( Heading of Article 5 amended by Stats. 1993, Ch. 624, Sec. 3. ) ## 11894. Upon a complaint by the director, the Attorney General may bring an action for civil penalties in any court of competent jurisdiction in this state against any person violating any provision of this division, or any regulation issued pursuant to it. The Attorney General may bring an action for civil penalties on his own initiative if, after examining the complaint and the evidence, he or she believes a violation has occurred. (Added by Stats. 1978, Ch. 1051.)
  17. 11895.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 4. Pest Control [11701 - 11897] ( Heading of Chapter 4 amended by Stats. 1993, Ch. 620, Sec. 4. ) ## ARTICLE 5. Penalties and Injunctive Relief [11891 - 11895.5] ( Heading of Article 5 amended by Stats. 1993, Ch. 624, Sec. 3. )

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    Certain public officials must start an action under this article within the stated time limits.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 4. Pest Control [11701 - 11897] ( Heading of Chapter 4 amended by Stats. 1993, Ch. 620, Sec. 4. ) ## ARTICLE 5. Penalties and Injunctive Relief [11891 - 11895.5] ( Heading of Article 5 amended by Stats. 1993, Ch. 624, Sec. 3. ) ## 11895. An action brought pursuant to this article shall be commenced by the director, the Attorney General, the district attorney, the city prosecutor, or the city attorney, as the case may be, within two years of the occurrence of the violation. However, when an investigation is completed and submitted to the director, the action shall be commenced within one year of that submission. (Added by Stats. 1987, Ch. 791, Sec. 1.)
  18. 11895.5.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 4. Pest Control [11701 - 11897] ( Heading of Chapter 4 amended by Stats. 1993, Ch. 620, Sec. 4. ) ## ARTICLE 5. Penalties and Injunctive Relief [11891 - 11895.5] ( Heading of Article 5 amended by Stats. 1993, Ch. 624, Sec. 3. )

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    The commissioner or director may ask the superior court to stop a violation or threatened violation of an order under this division, and the court may also require specific acts to protect people, animals, crops, or property.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 4. Pest Control [11701 - 11897] ( Heading of Chapter 4 amended by Stats. 1993, Ch. 620, Sec. 4. ) ## ARTICLE 5. Penalties and Injunctive Relief [11891 - 11895.5] ( Heading of Article 5 amended by Stats. 1993, Ch. 624, Sec. 3. ) ## 11895.5. The commissioner or director may bring an action to enjoin the violation or the threatened violation of any order made pursuant to this division in the superior court in the county in which the order is issued or the violation occurs or is threatened, and the court may enjoin the violation or threatened violation upon that showing and without further evidence of irreparable injury. The court may compel specific performance of any acts or course of conduct necessary to protect persons, animals, crops, or property. (Added by Stats. 1993, Ch. 624, Sec. 4. Effective January 1, 1994.)
  19. 11896.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 4. Pest Control [11701 - 11897] ( Heading of Chapter 4 amended by Stats. 1993, Ch. 620, Sec. 4. ) ## ARTICLE 6. Cease and Desist [11896 - 11897] ( Article 6 added by Stats. 1978, Ch. 1051. )

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    The director may order responsible persons to stop a pesticide-related violation when one is happening or about to happen and it would create immediate hazard or irreparable damage.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 4. Pest Control [11701 - 11897] ( Heading of Chapter 4 amended by Stats. 1993, Ch. 620, Sec. 4. ) ## ARTICLE 6. Cease and Desist [11896 - 11897] ( Article 6 added by Stats. 1978, Ch. 1051. ) ## 11896. The director, upon a finding that the use, handling, delivery, or sale of a pesticide in violation of any provision of this division, or any regulation issued pursuant to it, is taking place, or appears imminent, and that activity if allowed to proceed will present an immediate hazard or cause irreparable damage, may issue an order to the persons responsible for such activity to cease and desist from further commission of the violation. (Amended by Stats. 1996, Ch. 361, Sec. 16. Effective January 1, 1997.)
  20. 11897.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 4. Pest Control [11701 - 11897] ( Heading of Chapter 4 amended by Stats. 1993, Ch. 620, Sec. 4. ) ## ARTICLE 6. Cease and Desist [11896 - 11897] ( Article 6 added by Stats. 1978, Ch. 1051. )

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    An agricultural commissioner may order responsible persons to stop pesticide-related violations when the activity is already happening or imminent and poses immediate hazard or irreparable damage.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 4. Pest Control [11701 - 11897] ( Heading of Chapter 4 amended by Stats. 1993, Ch. 620, Sec. 4. ) ## ARTICLE 6. Cease and Desist [11896 - 11897] ( Article 6 added by Stats. 1978, Ch. 1051. ) ## 11897. The agricultural commissioner, upon a finding that the use, handling, delivery or sale of a pesticide in violation of any provision of this division, or any regulation issued pursuant to it, is taking place, or appears imminent, and that activity if allowed to proceed will present an immediate hazard or cause irreparable damage, may issue an order to the persons responsible for the activity to cease and desist from further commission of the violation. Any person aggrieved by a cease and desist order issued by an agricultural commissioner may appeal the order to the director, who shall affirm, modify, or rescind the order. The order of the agricultural commissioner shall remain in force during the appeal to the director, and until the director’s decision has been rendered. (Amended by Stats. 1996, Ch. 361, Sec. 17. Effective January 1, 1997.)
  21. 11901.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 5. Aircraft Operation Regulation [11901 - 11940] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Generally [11901 - 11911] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    It is unlawful to use manned aircraft or unmanned aircraft systems for pest control unless the pilot has the required certificates and FAA authorization.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 5. Aircraft Operation Regulation [11901 - 11940] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Generally [11901 - 11911] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 11901. (a) It is unlawful for any person to operate a manned aircraft in pest control unless the pilot operating the aircraft holds a valid manned pest control aircraft pilot’s certificate issued by the director and an appropriate and valid commercial pilot’s certificate and a current appropriate medical certificate issued by the Federal Aviation Administration. (b) It is unlawful for any person to operate an unmanned aircraft system in pest control unless the pilot operating the unmanned aircraft system holds a valid manned pest control aircraft pilot’s certificate or a valid unmanned pest control aircraft pilot’s certificate issued by the director and is certified or otherwise authorized by the Federal Aviation Administration to operate an unmanned aircraft system approved by the Federal Aviation Administration to conduct pest control. (Amended by Stats. 2017, Ch. 404, Sec. 1. (AB 527) Effective January 1, 2018.)
  22. 11902.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 5. Aircraft Operation Regulation [11901 - 11940] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Generally [11901 - 11911] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Pilot certificates for manned and unmanned pest control aircraft must list the pilot’s status in the categories specified by this section.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 5. Aircraft Operation Regulation [11901 - 11940] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Generally [11901 - 11911] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 11902. (a) Each manned pest control aircraft pilot’s certificate shall designate the manned pest control aircraft pilot’s status as a journeyman or apprentice. (b) Each unmanned pest control aircraft pilot’s certificate shall designate the unmanned pest control aircraft pilot’s status as a journeyman, apprentice, private applicator, or vector control technician. (Amended by Stats. 2023, Ch. 354, Sec. 1. (AB 1016) Effective January 1, 2024.)
  23. 11902.1.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 5. Aircraft Operation Regulation [11901 - 11940] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Generally [11901 - 11911] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A pilot with a private applicator unmanned pest control aircraft pilot’s certificate may apply pesticides only to produce an agricultural commodity on property owned, leased, or rented by the pilot or the pilot’s employer.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 5. Aircraft Operation Regulation [11901 - 11940] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Generally [11901 - 11911] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 11902.1. An individual with a private applicator unmanned pest control aircraft pilot’s certificate shall only apply pesticides for the purpose of producing an agricultural commodity on property owned, leased, or rented by the pilot or their employer. (Added by Stats. 2023, Ch. 354, Sec. 2. (AB 1016) Effective January 1, 2024.)
  24. 11902.5.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 5. Aircraft Operation Regulation [11901 - 11940] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Generally [11901 - 11911] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A pilot is eligible for an unmanned pest control aircraft pilot’s certificate only if the pilot meets the specified certification or proof requirements for the applicable status.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 5. Aircraft Operation Regulation [11901 - 11940] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Generally [11901 - 11911] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 11902.5. (a) To be eligible for an unmanned pest control aircraft pilot’s certificate under the status of vector control technician, a pilot shall be certified by the State Department of Public Health as a vector control technician in the category of mosquito control pursuant to paragraph (1) of subdivision (a) of Section 2052 of the Health and Safety Code. (b) To be eligible for an unmanned pest control aircraft pilot’s certificate under the status of private applicator, a pilot shall submit satisfactory documentary proof demonstrating the pilot’s completion of a program accredited by the director and possession of a valid private applicator certificate. (Amended by Stats. 2023, Ch. 354, Sec. 3. (AB 1016) Effective January 1, 2024.)
  25. 11903.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 5. Aircraft Operation Regulation [11901 - 11940] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Generally [11901 - 11911] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    An application for an initial certificate must include a fee set by the director.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 5. Aircraft Operation Regulation [11901 - 11940] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Generally [11901 - 11911] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 11903. A fee as prescribed by the director pursuant to Section 11502.5 shall accompany each application for an initial certificate. (Amended by Stats. 2003, Ch. 741, Sec. 51. Effective January 1, 2004.)
  26. 11904.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 5. Aircraft Operation Regulation [11901 - 11940] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Generally [11901 - 11911] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Certificates expire on December 31 of the last year they are issued, may be renewed before expiry if the director’s form is used and the proper fee is paid, and late renewal applicants face a penalty set by the director.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 5. Aircraft Operation Regulation [11901 - 11940] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Generally [11901 - 11911] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 11904. Every certificate shall expire on December 31 of the last year for which it is issued. Certificates may be renewed before their expiration through application in the form prescribed by the director and upon payment of the proper fee as prescribed by the director pursuant to Section 11502.5. A penalty as prescribed by the director pursuant to Section 11502.5 shall be assessed against any applicant who applies for renewal after the expiration date. (Amended by Stats. 2022, Ch. 60, Sec. 7. (AB 203) Effective June 30, 2022.)
  27. 11905.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 5. Aircraft Operation Regulation [11901 - 11940] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Generally [11901 - 11911] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Before an initial certificate is issued, certain pest control applicants must pass an examination.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 5. Aircraft Operation Regulation [11901 - 11940] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Generally [11901 - 11911] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 11905. Before an initial manned or unmanned certificate is issued, the applicant for an apprentice, journeyman, private applicator, or vector control technician shall pass an examination to demonstrate to the director the applicant’s ability to legally and safely conduct pest control operations and the applicant’s knowledge of the nature and effect of materials that are used in pest control. (Amended by Stats. 2023, Ch. 354, Sec. 4. (AB 1016) Effective January 1, 2024.)
  28. 11906.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 5. Aircraft Operation Regulation [11901 - 11940] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Generally [11901 - 11911] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A journeyman’s certificate cannot be issued to most applicants unless they already held a director-issued journeyman’s certificate within the last two calendar years; holders of apprentice certificates are excepted.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 5. Aircraft Operation Regulation [11901 - 11940] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Generally [11901 - 11911] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 11906. A journeyman’s certificate shall not be issued to any applicant, other than the holder of an apprentice certificate, unless such applicant has had in effect a journeyman’s certificate issued by the director within the previous two calendar years. (Amended by Stats. 1979, Ch. 732.)
  29. 11907.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 5. Aircraft Operation Regulation [11901 - 11940] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Generally [11901 - 11911] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A journeyman’s certificate may not be issued unless the applicant has completed one year as an apprentice and provides documentary proof of the required supervised operating hours.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 5. Aircraft Operation Regulation [11901 - 11940] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Generally [11901 - 11911] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 11907. (a) Except as provided in subdivision (b), a journeyman’s certificate shall not be issued until both of the following have occurred: (1) The applicant has served as an apprentice under a certificate issued pursuant to this chapter for one year. (2) The applicant presents to the director satisfactory documentary proof consisting of a declaration or affidavit by the holder of a journeyman’s certificate attesting to the applicant’s performance, under the attesting journeyman’s direct and personal supervision, of not less than 150 hours of operation of fixed-wing aircraft or 50 hours of operation of nonfixed-wing aircraft within the previous two calendar years in pest control activities, together with any other evidence as the director may require. (b) (1) The director may adopt regulations to establish specific requirements for obtaining an unmanned journeyman certificate. (2) The regulations shall consider requiring that the applicant complete 50 hours of operation of nonfixed-wing aircraft, or the equivalent practical training, in pest control activities within the previous two calendar years to ensure the legal and safe application of pesticides. (Amended by Stats. 2023, Ch. 354, Sec. 5. (AB 1016) Effective January 1, 2024.)
  30. 11908.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 5. Aircraft Operation Regulation [11901 - 11940] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Generally [11901 - 11911] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    An applicant for an apprentice certificate must satisfy the director with evidence that the applicant will do pest control work only under direct and personal supervision by a journeyman certificate holder.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 5. Aircraft Operation Regulation [11901 - 11940] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Generally [11901 - 11911] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 11908. Each applicant for an apprentice certificate shall satisfy the director, through documentary evidence or other suitable information, that the applicant shall conduct pest control activities only under the direct and personal supervision of a person that holds a journeyman’s certificate. (Added by renumbering Section 11909 by Stats. 1979, Ch. 732.)
  31. 11909.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 5. Aircraft Operation Regulation [11901 - 11940] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Generally [11901 - 11911] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A holder of an apprentice certificate may not conduct pest control activities unless directly and personally supervised by a person who holds a journeyman’s certificate.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 5. Aircraft Operation Regulation [11901 - 11940] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Generally [11901 - 11911] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 11909. It is unlawful for the holder of an apprentice certificate to conduct pest control activities unless such activities are conducted under the direct and personal supervision of a person that holds a journeyman’s certificate. (Added by renumbering Section 11910 by Stats. 1979, Ch. 732.)
  32. 11910.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 5. Aircraft Operation Regulation [11901 - 11940] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Generally [11901 - 11911] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director may refuse, suspend, revoke, or condition pest control aircraft pilot certificates in specified cases.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 5. Aircraft Operation Regulation [11901 - 11940] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Generally [11901 - 11911] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 11910. (a) The director may refuse to issue a manned or unmanned pest control aircraft pilot certificate to an applicant and may revoke or suspend a manned or unmanned pest control aircraft pilot certificate after a hearing in which one or more of the following findings are made: (1) The person is not qualified to conduct the pest control operations in accordance with the certificate. (2) The application or certificate is for the operation of a manned aircraft in pest control and the person does not hold an appropriate and valid commercial pilot’s certificate and a current appropriate medical certificate issued by the Federal Aviation Administration. (3) The application or certificate is for the operation of an unmanned aircraft system in pest control and the person does not hold a certificate or other authorization issued by the Federal Aviation Administration for the operation of an unmanned aircraft system authorized by the Federal Aviation Administration for pest control. (4) The person has violated any provision of, or any regulation adopted pursuant to, this division or Division 7 (commencing with Section 12501) pertaining to pesticides, any regulation of a county agricultural commissioner, or any industrial safety order of the Department of Industrial Relations, or has not complied with any order of the director or commissioner as authorized by Section 11737. (5) The person has violated any regulation or privacy guideline adopted by the Federal Aviation Administration pertaining to the commercial operation of an unmanned aircraft system. (b) The director may, pending a hearing, suspend or condition the certificate of any pest control aircraft pilot when, upon an investigation that the director determines to be necessary and upon the receipt of affidavits by the enforcement personnel provided in Section 11501.5 or injured parties, the director finds that continuance of the certificate endangers public welfare or safety. The director may terminate the suspension or condition upon the taking of corrective action that the director determines to be satisfactory to ensure qualification or compliance with the law or regulations. In that event, the matter may proceed to hearing as though that action had not been taken. (Amended by Stats. 2017, Ch. 404, Sec. 5. (AB 527) Effective January 1, 2018.)
  33. 11911.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 5. Aircraft Operation Regulation [11901 - 11940] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Generally [11901 - 11911] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A certificate holder called to active duty is entitled to renewal of the certificate in the same category after active duty ends, if the holder applies to the director, pays the required renewal fee, and shows the required ability and knowledge.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 5. Aircraft Operation Regulation [11901 - 11940] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Generally [11901 - 11911] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 11911. Notwithstanding any other provision of this article, if the holder of a certificate is called to active duty as a member of the armed forces of the United States of America, the holder, upon the termination of such active duty, is entitled to renewal of such certificate in the same category, if he does all of the following: (a) Makes application to the director. (b) Pays the renewal fee required by the director. (c) Demonstrates to the director his ability to conduct pest control operations and his knowledge of the nature and effect of materials which are used in pest control. (Added by renumbering Section 11913 by Stats. 1979, Ch. 732.)
  34. 11920.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 5. Aircraft Operation Regulation [11901 - 11940] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1.5. Registration [11920 - 11924] ( Article 1.5 added by Stats. 1979, Ch. 732. )

    Verify source ↗

    A person may not act as a pest control aircraft pilot in any county unless first registered with the appropriate county agricultural commissioner.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 5. Aircraft Operation Regulation [11901 - 11940] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1.5. Registration [11920 - 11924] ( Article 1.5 added by Stats. 1979, Ch. 732. ) ## 11920. It is unlawful for any person to act as a pest control aircraft pilot in any county without first registering with the appropriate county agricultural commissioner. (Added by Stats. 1979, Ch. 732.)
  35. 11921.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 5. Aircraft Operation Regulation [11901 - 11940] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1.5. Registration [11920 - 11924] ( Article 1.5 added by Stats. 1979, Ch. 732. )

    Verify source ↗

    A pest control aircraft pilot must register in person with the county agricultural commissioner, or with the director if the county has no agricultural commissioner.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 5. Aircraft Operation Regulation [11901 - 11940] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1.5. Registration [11920 - 11924] ( Article 1.5 added by Stats. 1979, Ch. 732. ) ## 11921. Each pest control aircraft pilot shall register in person with the agricultural commissioner of the county where he intends to work or with the director if the county does not have an agricultural commissioner. Registration in any additional county may be made in person or by mail on prescribed forms which may be obtained and processed in the county where personal registration is made. (Added by Stats. 1979, Ch. 732.)
  36. 11922.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 5. Aircraft Operation Regulation [11901 - 11940] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1.5. Registration [11920 - 11924] ( Article 1.5 added by Stats. 1979, Ch. 732. )

    Verify source ↗

    All pest control aircraft pilots must renew their registration every year.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 5. Aircraft Operation Regulation [11901 - 11940] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1.5. Registration [11920 - 11924] ( Article 1.5 added by Stats. 1979, Ch. 732. ) ## 11922. Registration shall be renewed annually by all pest control aircraft pilots. (Added by Stats. 1979, Ch. 732.)
  37. 11923.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 5. Aircraft Operation Regulation [11901 - 11940] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1.5. Registration [11920 - 11924] ( Article 1.5 added by Stats. 1979, Ch. 732. )

    Verify source ↗

    County boards of supervisors may charge registration fees for pest control aircraft pilots, but the fees are capped at $10 per year in one case and $5 per year in another.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 5. Aircraft Operation Regulation [11901 - 11940] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1.5. Registration [11920 - 11924] ( Article 1.5 added by Stats. 1979, Ch. 732. ) ## 11923. County boards of supervisors may set fees for registration to cover the cost of registering pest control aircraft pilots but in no case shall such fee total more than ten dollars ($10) per year for a pilot who registers in person in the county in which he intends to work, and five dollars ($5) per year for a pilot already registered in another county and who is now registering in an additional county as provided in Section 11921. (Added by Stats. 1979, Ch. 732.)
  38. 11924.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 5. Aircraft Operation Regulation [11901 - 11940] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1.5. Registration [11920 - 11924] ( Article 1.5 added by Stats. 1979, Ch. 732. )

    Verify source ↗

    The agricultural commissioner may refuse, revoke, or suspend a pest control aircraft pilot registration for the reasons listed in Section 11910.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 5. Aircraft Operation Regulation [11901 - 11940] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1.5. Registration [11920 - 11924] ( Article 1.5 added by Stats. 1979, Ch. 732. ) ## 11924. A pest control aircraft pilot registration may be refused, revoked, or suspended by the agricultural commissioner for the reasons indicated in Section 11910 for the refusal, revocation, or suspension of a pest control aircraft pilot certificate. (Added by Stats. 1979, Ch. 732.)
  39. 11931.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 5. Aircraft Operation Regulation [11901 - 11940] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Financial Responsibility [11931 - 11940] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section defines key terms used in the article: “judgment,” “operator,” and “pest control operation.”

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 5. Aircraft Operation Regulation [11901 - 11940] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Financial Responsibility [11931 - 11940] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 11931. As used in this article: (a) “Judgment” means a final judgment of any court of competent jurisdiction in this or any other state, or of the United States, against a person as defendant upon a cause of action which arises out of any pest control operation. (b) “Operator” means any person that is required to be licensed pursuant to this division who is authorized to apply any pest control material or substance by dusting, spraying, or any other manner whereby such material or substance is applied through the medium of aircraft. (c) “Pest control operation” means the application of any pest control material or substance by an operator. (Enacted by Stats. 1967, Ch. 15.)
  40. 11932.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 5. Aircraft Operation Regulation [11901 - 11940] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Financial Responsibility [11931 - 11940] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section defines when a judgment is treated as satisfied and when a bond or similar pledged obligation counts as a deposit of money.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 5. Aircraft Operation Regulation [11901 - 11940] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Financial Responsibility [11931 - 11940] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 11932. For the purposes of this article: (a) A judgment is satisfied when twenty-five thousand dollars ($25,000) has been credited upon any judgment in excess of that amount which arises out of any one accident or occurrence. (b) A deposit of bond or other obligation for the payment of which the full faith and credit of the United States or of this state is pledged is considered a deposit of money. (Enacted by Stats. 1967, Ch. 15.)
  41. 11933.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 5. Aircraft Operation Regulation [11901 - 11940] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Financial Responsibility [11931 - 11940] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director must suspend an operator’s license when the director receives the required judgment documents showing the operator has not satisfied a final judgment for 30 days.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 5. Aircraft Operation Regulation [11901 - 11940] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Financial Responsibility [11931 - 11940] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 11933. The director shall suspend the license of any operator upon receiving a copy of a judgment and a certificate of facts relative to such judgment, upon a form that is provided by the director, which indicate that the operator has not for a period of 30 days satisfied a final judgment rendered against him. (Enacted by Stats. 1967, Ch. 15.)
  42. 11934.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 5. Aircraft Operation Regulation [11901 - 11940] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Financial Responsibility [11931 - 11940] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A suspension stays in place, and no license may be issued to the operator, until the judgment is satisfied or the operator shows the director proof of financial ability to pay damages under the judgment.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 5. Aircraft Operation Regulation [11901 - 11940] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Financial Responsibility [11931 - 11940] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 11934. The suspension shall remain in effect and no license shall be issued to the operator unless and until the judgment is satisfied, or the operator submits to the director proof of his financial ability to respond in damages pursuant to the judgment. (Enacted by Stats. 1967, Ch. 15.)
  43. 11935.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 5. Aircraft Operation Regulation [11901 - 11940] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Financial Responsibility [11931 - 11940] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    An operator may prove financial responsibility by posting security of at least $25,000.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 5. Aircraft Operation Regulation [11901 - 11940] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Financial Responsibility [11931 - 11940] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 11935. Proof of such financial responsibility may be made by furnishing security in an amount not less than twenty-five thousand dollars ($25,000). The security may consist of any of the following: (a) A surety bond in favor of any person that may suffer damage by reason of any pest control operation by the operator which is executed by an admitted surety insurer. (b) An insurance policy which insures the operator against liability for damages pursuant to the judgment. (Amended by Stats. 1982, Ch. 517, Sec. 233.)
  44. 11936.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 5. Aircraft Operation Regulation [11901 - 11940] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Financial Responsibility [11931 - 11940] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    If required security is reduced by a recovery, it must be replenished to at least $25,000.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 5. Aircraft Operation Regulation [11901 - 11940] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Financial Responsibility [11931 - 11940] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 11936. If the security which is required by Section 11934 is diminished in amount by reason of any recovery against it, the security shall be replenished so that it amounts to not less than twenty-five thousand dollars ($25,000). (Enacted by Stats. 1967, Ch. 15.)
  45. 11937.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 5. Aircraft Operation Regulation [11901 - 11940] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Financial Responsibility [11931 - 11940] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A court clerk must send the director certain judgment documents within 30 days after a final damages judgment, if the judgment is not stayed or satisfied.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 5. Aircraft Operation Regulation [11901 - 11940] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Financial Responsibility [11931 - 11940] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 11937. Upon the expiration of 30 days after any judgment becomes final, which is not stayed or satisfied in any action which results in a judgment for damages, the clerk of a court shall forward to the director a certified copy of the judgment or a certified copy of the register of actions, and a certificate of facts relative to the judgment, on a form which is provided by the director. (Amended by Stats. 2001, Ch. 44, Sec. 8. Effective January 1, 2002.)
  46. 11938.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 5. Aircraft Operation Regulation [11901 - 11940] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Financial Responsibility [11931 - 11940] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A person whose license is suspended, about to be suspended, or subject to suspension may avoid the suspension by filing an affidavit with the director stating certain insurance facts.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 5. Aircraft Operation Regulation [11901 - 11940] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Financial Responsibility [11931 - 11940] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 11938. Any person whose license has been suspended, is about to be suspended, or becomes subject to suspension pursuant to this article, may relieve himself from the suspension by filing with the director an affidavit which states all of following: (a) That at the time of the incident upon which the judgment was rendered he was insured. (b) That the insurer is liable to pay the judgment. (c) The reason, if known, why the insurance company has not paid the judgment. (Enacted by Stats. 1967, Ch. 15.)
  47. 11939.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 5. Aircraft Operation Regulation [11901 - 11940] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Financial Responsibility [11931 - 11940] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A person filing the affidavit must also file the insurance policy, or a certified copy if available, and any additional documents the director requires to show coverage.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 5. Aircraft Operation Regulation [11901 - 11940] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Financial Responsibility [11931 - 11940] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 11939. The person that files the affidavit pursuant to Section 11938 shall also file the original policy of insurance or a certified copy of the policy, if available, and such other documents as the director may require to show that the loss, injury, or damage for which the judgment was rendered, was covered by the policy of insurance. (Enacted by Stats. 1967, Ch. 15.)
  48. 11940.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 5. Aircraft Operation Regulation [11901 - 11940] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Financial Responsibility [11931 - 11940] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    If the director is satisfied with the filed papers and the insurer’s authorization and liability, the director must not suspend the license, and must reinstate it if it was already suspended.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 5. Aircraft Operation Regulation [11901 - 11940] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Financial Responsibility [11931 - 11940] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 11940. If the director is satisfied from the papers which are filed pursuant to Sections 11938 and 11939 that the insurer was authorized to issue the policy of insurance in this state at the time of issuing the policy and that the insurer is liable to pay the judgment, at least to the extent and for the amounts which are provided in this article, the director shall not suspend the license or, if the license has already been suspended, he shall reinstate it. (Enacted by Stats. 1967, Ch. 15.)
  49. 12.

    ## Food and Agricultural Code - FAC ## GENERAL PROVISIONS AND DEFINITIONS ( General Provisions enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    If a document must or may be recorded under this code, it must be recorded in the county recorder’s office of the county where the affected property or thing is located, unless another rule specifically provides otherwise.

    ## Food and Agricultural Code - FAC ## GENERAL PROVISIONS AND DEFINITIONS ( General Provisions enacted by Stats. 1967, Ch. 15. ) ## 12. Unless otherwise specifically provided, whenever any document is required or permitted by this code to be recorded, it shall be recorded in the office of the county recorder of the county in which the property or thing which is affected is situated. (Enacted by Stats. 1967, Ch. 15.)
  50. 12001.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 6. Agricultural Pest Control Advisers [12001 - 12054] ( Chapter 6 repealed and added by Stats. 1971, Ch. 1276. ) ## ARTICLE 1. General Provisions [12001 - 12005] ( Article 1 added by Stats. 1971, Ch. 1276. )

    Verify source ↗

    A person may not act or offer to act as an agricultural pest control adviser unless licensed by the director.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 6. Agricultural Pest Control Advisers [12001 - 12054] ( Chapter 6 repealed and added by Stats. 1971, Ch. 1276. ) ## ARTICLE 1. General Provisions [12001 - 12005] ( Article 1 added by Stats. 1971, Ch. 1276. ) ## 12001. No person shall act, or offer to act, as an agricultural pest control adviser without first having secured an agricultural pest control adviser license from the director. Officials of federal, state, and county departments of agriculture and the University of California personnel engaged in official duties relating to agricultural use are exempt from this section if any recommendation by any of these persons as to a specific application on a specific parcel is made in writing. Officials of districts formed pursuant to Chapter 4 (commencing with Section 5780) of Division 5 of the Public Resources Code are exempt from this section until July 1, 1995, if any recommendation by any of these persons as to a specific application on a specific parcel is in writing. (Amended by Stats. 1994, Ch. 216, Sec. 1. Effective January 1, 1995.)
  51. 12002.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 6. Agricultural Pest Control Advisers [12001 - 12054] ( Chapter 6 repealed and added by Stats. 1971, Ch. 1276. ) ## ARTICLE 1. General Provisions [12001 - 12005] ( Article 1 added by Stats. 1971, Ch. 1276. )

    Verify source ↗

    A person may not act or offer to act as an agricultural pest control adviser in a county if they make agricultural-use recommendations there unless they first register with the county agricultural commissioner.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 6. Agricultural Pest Control Advisers [12001 - 12054] ( Chapter 6 repealed and added by Stats. 1971, Ch. 1276. ) ## ARTICLE 1. General Provisions [12001 - 12005] ( Article 1 added by Stats. 1971, Ch. 1276. ) ## 12002. No person shall act, or offer to act, as an agricultural pest control adviser in any county wherein he makes any recommendation for agricultural use without first registering with the county agricultural commissioner. (Amended by Stats. 1974, Ch. 901.)
  52. 12003.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 6. Agricultural Pest Control Advisers [12001 - 12054] ( Chapter 6 repealed and added by Stats. 1971, Ch. 1276. ) ## ARTICLE 1. General Provisions [12001 - 12005] ( Article 1 added by Stats. 1971, Ch. 1276. )

    Verify source ↗

    Agricultural pest control advisers must put agricultural-use recommendations in writing and give copies to the property operator, and in pesticide cases also to the dealer and applicator before application.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 6. Agricultural Pest Control Advisers [12001 - 12054] ( Chapter 6 repealed and added by Stats. 1971, Ch. 1276. ) ## ARTICLE 1. General Provisions [12001 - 12005] ( Article 1 added by Stats. 1971, Ch. 1276. ) ## 12003. Agricultural pest control advisers shall put all recommendations concerning any agricultural use in writing. One copy of each such written recommendation shall be signed and dated and shall be furnished to the operator of the property prior to the application. Where a pesticide use is recommended a copy shall also be furnished to the dealer and the applicator prior to the application. Each written recommendation shall include, when applicable, the following: (a) The name and dosage of each pesticide to be used or description of method recommended. (b) The identity of each pest to be controlled. (c) The owner or operator, location of and acreage to be treated. (d) The commodity, crop, or site to be treated. (e) The suggested schedule, time, or conditions for the pesticide application or other control method. (f) A warning of the possibility of damages by the pesticide application that reasonably should have been known by the agricultural pest control adviser to exist. (g) The signature and address of the person making the recommendation, the date, and the name of the business such person represents. (h) Any other information the director may require. (Amended by Stats. 1988, Ch. 1118, Sec. 4.)
  53. 12004.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 6. Agricultural Pest Control Advisers [12001 - 12054] ( Chapter 6 repealed and added by Stats. 1971, Ch. 1276. ) ## ARTICLE 1. General Provisions [12001 - 12005] ( Article 1 added by Stats. 1971, Ch. 1276. )

    Verify source ↗

    Agricultural pest control advisers and operators must keep one copy of each written recommendation for one year and must provide a copy to the agricultural commissioner on request.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 6. Agricultural Pest Control Advisers [12001 - 12054] ( Chapter 6 repealed and added by Stats. 1971, Ch. 1276. ) ## ARTICLE 1. General Provisions [12001 - 12005] ( Article 1 added by Stats. 1971, Ch. 1276. ) ## 12004. Agricultural pest control advisers and agricultural pest control operators shall retain one copy of each written recommendation for one year following the date of such recommendation. A copy of a recommendation shall be immediately furnished to the agricultural commissioner upon his request. (Repealed and added by Stats. 1971, Ch. 1276.)
  54. 12005.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 6. Agricultural Pest Control Advisers [12001 - 12054] ( Chapter 6 repealed and added by Stats. 1971, Ch. 1276. ) ## ARTICLE 1. General Provisions [12001 - 12005] ( Article 1 added by Stats. 1971, Ch. 1276. )

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    The director may adopt rules and regulations that are reasonably necessary to carry out this chapter and effectuate this division.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 6. Agricultural Pest Control Advisers [12001 - 12054] ( Chapter 6 repealed and added by Stats. 1971, Ch. 1276. ) ## ARTICLE 1. General Provisions [12001 - 12005] ( Article 1 added by Stats. 1971, Ch. 1276. ) ## 12005. The director may adopt such rules and regulations in order to carry out the provisions of this chapter as are reasonably necessary to effectuate the purposes of this division. (Repealed and added by Stats. 1971, Ch. 1276.)
  55. 12021.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 6. Agricultural Pest Control Advisers [12001 - 12054] ( Chapter 6 repealed and added by Stats. 1971, Ch. 1276. ) ## ARTICLE 2. Licensing [12021 - 12024] ( Article 2 added by Stats. 1971, Ch. 1276. )

    Verify source ↗

    Applicants for an agricultural pest control adviser license must use the director’s form, provide required information, and include the prescribed fee. Licenses expire on December 31 of the last year issued, and late renewal applicants can be penalized.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 6. Agricultural Pest Control Advisers [12001 - 12054] ( Chapter 6 repealed and added by Stats. 1971, Ch. 1276. ) ## ARTICLE 2. Licensing [12021 - 12024] ( Article 2 added by Stats. 1971, Ch. 1276. ) ## 12021. An application for an agricultural pest control adviser license shall be in the form prescribed by the director. Each application shall state the name and address of the applicant specified on the application and any other information required by the director. The application shall be accompanied by a fee as prescribed by the director pursuant to Section 11502.5 to be paid into the State Treasury to the credit of the Department of Pesticide Regulation Fund. All licenses issued under this article shall expire on December 31 of the last year for which they are issued. Licenses may be renewed before their expiration through application in the form prescribed by the director and upon payment of a fee as prescribed by the director pursuant to Section 11502.5. A penalty as prescribed by the director pursuant to Section 11502.5 shall be assessed against any applicant who applies for a renewal of the license after the expiration date. (Amended by Stats. 2022, Ch. 60, Sec. 8. (AB 203) Effective June 30, 2022.)
  56. 12022.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 6. Agricultural Pest Control Advisers [12001 - 12054] ( Chapter 6 repealed and added by Stats. 1971, Ch. 1276. ) ## ARTICLE 2. Licensing [12021 - 12024] ( Article 2 added by Stats. 1971, Ch. 1276. )

    Verify source ↗

    Applicants for licensing must choose to be examined for certification in one or more listed categories, and the director must prepare and administer the examination.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 6. Agricultural Pest Control Advisers [12001 - 12054] ( Chapter 6 repealed and added by Stats. 1971, Ch. 1276. ) ## ARTICLE 2. Licensing [12021 - 12024] ( Article 2 added by Stats. 1971, Ch. 1276. ) ## 12022. Applicants for licensing shall elect to be examined for certification in one or more of the following categories: (a) Control of insects, mites, and other invertebrates. (b) Control of plant pathogens. (c) Control of nematodes. (d) Control of vertebrate pests. (e) Control of weeds. (f) Defoliation. (g) Plant growth regulation. The examination shall be prepared and administered by the director. (Added by Stats. 1971, Ch. 1276.)
  57. 12023.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 6. Agricultural Pest Control Advisers [12001 - 12054] ( Chapter 6 repealed and added by Stats. 1971, Ch. 1276. ) ## ARTICLE 2. Licensing [12021 - 12024] ( Article 2 added by Stats. 1971, Ch. 1276. )

    Verify source ↗

    The director may refuse, revoke, or suspend an agricultural pest control adviser license when needed to carry out this division’s purposes.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 6. Agricultural Pest Control Advisers [12001 - 12054] ( Chapter 6 repealed and added by Stats. 1971, Ch. 1276. ) ## ARTICLE 2. Licensing [12021 - 12024] ( Article 2 added by Stats. 1971, Ch. 1276. ) ## 12023. An agricultural pest control adviser license may be refused or may be revoked or suspended by the director as necessary to carry out the purposes of this division. Cause for refusal, revocation, or suspension shall include, but shall not be limited to the following: (a) Failure to put a recommendation in writing. (b) The making of false or fraudulent statements in any written recommendation. (c) Failure or refusal to comply with any provision of this chapter, or any other regulation adopted by the agricultural commissioner. (d) Failure or refusal to comply with any provisions of this division or of Division 7 (commencing with Section 12501) relating to pesticides or regulation of the department adopted pursuant to such provisions. (e) Failure to qualify by examination in at least one of the categories in Section 12022. (f) Unprofessional conduct, as defined in Section 12023.5. (Amended by Stats. 1980, Ch. 894.)
  58. 12023.5.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 6. Agricultural Pest Control Advisers [12001 - 12054] ( Chapter 6 repealed and added by Stats. 1971, Ch. 1276. ) ## ARTICLE 2. Licensing [12021 - 12024] ( Article 2 added by Stats. 1971, Ch. 1276. )

    Verify source ↗

    Unprofessional conduct can be grounds to refuse, revoke, or suspend an agricultural pest control license.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 6. Agricultural Pest Control Advisers [12001 - 12054] ( Chapter 6 repealed and added by Stats. 1971, Ch. 1276. ) ## ARTICLE 2. Licensing [12021 - 12024] ( Article 2 added by Stats. 1971, Ch. 1276. ) ## 12023.5. In addition to any other provision of this code, unprofessional conduct shall constitute a basis for refusal, revocation, or suspension of an agricultural pest control license. “Unprofessional conduct” means either of the following: (a) Repeated acts of recommending the clearly excessive use of a pesticide or any method or device for the control of plant, animal, or other pests. (b) Repeated acts of recommending the use of an ineffective pesticide or any ineffective method or device for the control of plant, animal, or any other pests. (Added by Stats. 1980, Ch. 894.)
  59. 12024.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 6. Agricultural Pest Control Advisers [12001 - 12054] ( Chapter 6 repealed and added by Stats. 1971, Ch. 1276. ) ## ARTICLE 2. Licensing [12021 - 12024] ( Article 2 added by Stats. 1971, Ch. 1276. )

    Verify source ↗

    The director must adopt regulations setting minimum education, experience, and examination requirements for pest control advisers.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 6. Agricultural Pest Control Advisers [12001 - 12054] ( Chapter 6 repealed and added by Stats. 1971, Ch. 1276. ) ## ARTICLE 2. Licensing [12021 - 12024] ( Article 2 added by Stats. 1971, Ch. 1276. ) ## 12024. The director by regulation shall establish the minimum requirement for pest control adviser by education, experience, and examination to carry out the purposes of this division. (Amended by Stats. 1980, Ch. 676.)
  60. 12031.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 6. Agricultural Pest Control Advisers [12001 - 12054] ( Chapter 6 repealed and added by Stats. 1971, Ch. 1276. ) ## ARTICLE 3. Registration [12031 - 12035] ( Article 3 added by Stats. 1971, Ch. 1276. )

    Verify source ↗

    Agricultural pest control advisers who make agricultural recommendations must register with the county agricultural commissioner, or with the director if there is no commissioner.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 6. Agricultural Pest Control Advisers [12001 - 12054] ( Chapter 6 repealed and added by Stats. 1971, Ch. 1276. ) ## ARTICLE 3. Registration [12031 - 12035] ( Article 3 added by Stats. 1971, Ch. 1276. ) ## 12031. Each agricultural pest control adviser who makes any recommendation for agricultural use shall register in person with the agricultural commissioner in the county listed in the adviser’s address on the license issued pursuant to Article 2 (commencing with Section 12021) or with the director if the county does not have an agricultural commissioner. If the address of the adviser on the state license is not within this state, the registration shall be in the county of occupational choice. Registration in any additional county shall be made by mail or in person, at the discretion of the commissioner of the additional county. The additional registration by mail shall be made on prescribed forms which may be obtained and processed in the county listed in the address of the adviser on the state license or the county of occupational choice, as the case may be. (Amended by Stats. 1985, Ch. 95, Sec. 1.)
  61. 12033.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 6. Agricultural Pest Control Advisers [12001 - 12054] ( Chapter 6 repealed and added by Stats. 1971, Ch. 1276. ) ## ARTICLE 3. Registration [12031 - 12035] ( Article 3 added by Stats. 1971, Ch. 1276. )

    Verify source ↗

    All agricultural pest control advisers must renew their registration every year.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 6. Agricultural Pest Control Advisers [12001 - 12054] ( Chapter 6 repealed and added by Stats. 1971, Ch. 1276. ) ## ARTICLE 3. Registration [12031 - 12035] ( Article 3 added by Stats. 1971, Ch. 1276. ) ## 12033. Registration shall be renewed annually by all agricultural pest control advisers. (Added by Stats. 1971, Ch. 1276.)
  62. 12034.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 6. Agricultural Pest Control Advisers [12001 - 12054] ( Chapter 6 repealed and added by Stats. 1971, Ch. 1276. ) ## ARTICLE 3. Registration [12031 - 12035] ( Article 3 added by Stats. 1971, Ch. 1276. )

    Verify source ↗

    County boards of supervisors may set pest control adviser registration fees, but the yearly fee is capped at $10 for in-county in-person registration and $5 for registration in an additional county.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 6. Agricultural Pest Control Advisers [12001 - 12054] ( Chapter 6 repealed and added by Stats. 1971, Ch. 1276. ) ## ARTICLE 3. Registration [12031 - 12035] ( Article 3 added by Stats. 1971, Ch. 1276. ) ## 12034. County boards of supervisors may set fees for registration to cover the cost of registering pest control advisers, but in no case shall the fee total more than ten dollars ($10) per year for a pest control adviser to register in person in the county listed in the adviser’s address on the license issued pursuant to Article 2 (commencing with Section 12021) or the county of occupational choice, as the case may be, and five dollars ($5) per year for an adviser to register in an additional county as provided in Section 12031. (Amended by Stats. 1985, Ch. 95, Sec. 2.)
  63. 12035.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 6. Agricultural Pest Control Advisers [12001 - 12054] ( Chapter 6 repealed and added by Stats. 1971, Ch. 1276. ) ## ARTICLE 3. Registration [12031 - 12035] ( Article 3 added by Stats. 1971, Ch. 1276. )

    Verify source ↗

    The agricultural commissioner may refuse, revoke, or suspend a pest control adviser registration.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 6. Agricultural Pest Control Advisers [12001 - 12054] ( Chapter 6 repealed and added by Stats. 1971, Ch. 1276. ) ## ARTICLE 3. Registration [12031 - 12035] ( Article 3 added by Stats. 1971, Ch. 1276. ) ## 12035. A pest control adviser registration may be refused, revoked, or suspended by the agricultural commissioner. Cause for such refusal, revocation, or suspension may be for the same reasons prescribed in Section 12023 for the refusal, revocation, or suspension for a pest control adviser license. (Added by Stats. 1971, Ch. 1276.)
  64. 12041.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 6. Agricultural Pest Control Advisers [12001 - 12054] ( Chapter 6 repealed and added by Stats. 1971, Ch. 1276. ) ## ARTICLE 4. Agricultural Pest Control Advisory Committee [12041 - 12047] ( Article 4 repealed and added by Stats. 1983, Ch. 459, Sec. 4. )

    Verify source ↗

    The Agricultural Pest Control Advisory Committee is abolished.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 6. Agricultural Pest Control Advisers [12001 - 12054] ( Chapter 6 repealed and added by Stats. 1971, Ch. 1276. ) ## ARTICLE 4. Agricultural Pest Control Advisory Committee [12041 - 12047] ( Article 4 repealed and added by Stats. 1983, Ch. 459, Sec. 4. ) ## 12041. The Agricultural Pest Control Advisory Committee, which was established by Chapter 1276 of the Statutes of 1971, is hereby abolished. (Repealed and added by Stats. 1983, Ch. 459, Sec. 4.)
  65. 12042.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 6. Agricultural Pest Control Advisers [12001 - 12054] ( Chapter 6 repealed and added by Stats. 1971, Ch. 1276. ) ## ARTICLE 4. Agricultural Pest Control Advisory Committee [12041 - 12047] ( Article 4 repealed and added by Stats. 1983, Ch. 459, Sec. 4. )

    Verify source ↗

    A departmental Agricultural Pest Control Advisory Committee exists and is appointed by the secretary or director.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 6. Agricultural Pest Control Advisers [12001 - 12054] ( Chapter 6 repealed and added by Stats. 1971, Ch. 1276. ) ## ARTICLE 4. Agricultural Pest Control Advisory Committee [12041 - 12047] ( Article 4 repealed and added by Stats. 1983, Ch. 459, Sec. 4. ) ## 12042. There is in the department an Agricultural Pest Control Advisory Committee, appointed by the secretary or director, consisting of the following members: (a) One member representing agricultural pest control advisers. (b) One member representing agricultural pest control businesses. (c) One member representing pest control maintenance gardeners. (d) One member representing pest control aircraft pilots. (e) One member representing pesticide dealers. (f) One member representing commercial applicator certificate holders. (g) One member representing registrants, as defined in Section 12755. (h) One member representing the California Agricultural Commissioners and Sealers Association. (i) One member representing the University of California, Division of Agriculture and Natural Resources, who is nominated by the board of regents and who specializes in pest management. (j) One member representing the Board of Trustees of the California State University system. (k) One member representing the Board of Governors of the California Community College system. (l) One member representing producers, as defined in Section 56110. (m) One member representing the general public. (Amended by Stats. 2004, Ch. 460, Sec. 4. Effective January 1, 2005.)
  66. 12043.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 6. Agricultural Pest Control Advisers [12001 - 12054] ( Chapter 6 repealed and added by Stats. 1971, Ch. 1276. ) ## ARTICLE 4. Agricultural Pest Control Advisory Committee [12041 - 12047] ( Article 4 repealed and added by Stats. 1983, Ch. 459, Sec. 4. )

    Verify source ↗

    The director must appoint the public member to the committee from nominees recommended by the committee, and the public member must represent the general public and has the same voting rights and immunities as other committee members.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 6. Agricultural Pest Control Advisers [12001 - 12054] ( Chapter 6 repealed and added by Stats. 1971, Ch. 1276. ) ## ARTICLE 4. Agricultural Pest Control Advisory Committee [12041 - 12047] ( Article 4 repealed and added by Stats. 1983, Ch. 459, Sec. 4. ) ## 12043. The public member shall be appointed to the committee by the director from nominees recommended by the committee. The public member shall represent the interests of the general public in all matters coming before the committee and shall have the same voting and other rights and immunities as other members of the committee. (Repealed and added by Stats. 1983, Ch. 459, Sec. 4.)
  67. 12044.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 6. Agricultural Pest Control Advisers [12001 - 12054] ( Chapter 6 repealed and added by Stats. 1971, Ch. 1276. ) ## ARTICLE 4. Agricultural Pest Control Advisory Committee [12041 - 12047] ( Article 4 repealed and added by Stats. 1983, Ch. 459, Sec. 4. )

    Verify source ↗

    This section states that appointed committee members are meant to represent a particular agricultural industry and that this serves the public interest.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 6. Agricultural Pest Control Advisers [12001 - 12054] ( Chapter 6 repealed and added by Stats. 1971, Ch. 1276. ) ## ARTICLE 4. Agricultural Pest Control Advisory Committee [12041 - 12047] ( Article 4 repealed and added by Stats. 1983, Ch. 459, Sec. 4. ) ## 12044. It is hereby declared, as a matter of legislative determination, that members appointed to the Agricultural Pest Control Advisory Committee pursuant to this article are intended to represent and further the interest of a particular agricultural industry concerned, and that this representation and furtherance is intended to serve the public interest. Accordingly, the Legislature finds that, with respect to persons who are appointed to the committee, the particular agricultural industry concerned is tantamount to, and constitutes, the public generally within the meaning of Section 87103 of the Government Code. (Added by Stats. 1983, Ch. 459, Sec. 4.)
  68. 12045.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 6. Agricultural Pest Control Advisers [12001 - 12054] ( Chapter 6 repealed and added by Stats. 1971, Ch. 1276. ) ## ARTICLE 4. Agricultural Pest Control Advisory Committee [12041 - 12047] ( Article 4 repealed and added by Stats. 1983, Ch. 459, Sec. 4. )

    Verify source ↗

    Committee members serve a three-year term, except as provided in Section 12046.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 6. Agricultural Pest Control Advisers [12001 - 12054] ( Chapter 6 repealed and added by Stats. 1971, Ch. 1276. ) ## ARTICLE 4. Agricultural Pest Control Advisory Committee [12041 - 12047] ( Article 4 repealed and added by Stats. 1983, Ch. 459, Sec. 4. ) ## 12045. Except as provided in Section 12046, the term of office of the members of the committee is three years. Vacancies shall be filled for the unexpired term. (Added by Stats. 1983, Ch. 459, Sec. 4.)
  69. 12046.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 6. Agricultural Pest Control Advisers [12001 - 12054] ( Chapter 6 repealed and added by Stats. 1971, Ch. 1276. ) ## ARTICLE 4. Agricultural Pest Control Advisory Committee [12041 - 12047] ( Article 4 repealed and added by Stats. 1983, Ch. 459, Sec. 4. )

    Verify source ↗

    The section sets the initial appointment terms for members of the Agricultural Pest Control Advisory Committee.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 6. Agricultural Pest Control Advisers [12001 - 12054] ( Chapter 6 repealed and added by Stats. 1971, Ch. 1276. ) ## ARTICLE 4. Agricultural Pest Control Advisory Committee [12041 - 12047] ( Article 4 repealed and added by Stats. 1983, Ch. 459, Sec. 4. ) ## 12046. Initial appointments to the committee shall be made as follows: (a) Representatives for the public, the California Community College system, the State University system, and the pest control maintenance gardeners shall be appointed for one year. (b) Representatives for pest control aircraft pilots, commercial applicator certificate holders, pesticide dealers, registrants as defined in Section 12755, and the California Agricultural Commissioners and Sealers Association shall be appointed for two years. (c) Representatives for agricultural pest control advisers, agricultural pest control businesses, the University of California Extension Service, and producers shall be appointed for three years. (Amended by Stats. 2004, Ch. 460, Sec. 5. Effective January 1, 2005.)
  70. 12047.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 6. Agricultural Pest Control Advisers [12001 - 12054] ( Chapter 6 repealed and added by Stats. 1971, Ch. 1276. ) ## ARTICLE 4. Agricultural Pest Control Advisory Committee [12041 - 12047] ( Article 4 repealed and added by Stats. 1983, Ch. 459, Sec. 4. )

    Verify source ↗

    The committee must advise the director on licensing, certification, and regulation matters, and it must meet when the director calls it.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 6. Agricultural Pest Control Advisers [12001 - 12054] ( Chapter 6 repealed and added by Stats. 1971, Ch. 1276. ) ## ARTICLE 4. Agricultural Pest Control Advisory Committee [12041 - 12047] ( Article 4 repealed and added by Stats. 1983, Ch. 459, Sec. 4. ) ## 12047. The committee shall be advisory to the director in all matters concerning the licensing, certification, and regulation of persons and firms licensed or certified pursuant to this division, and shall meet on the call of the director. (Added by Stats. 1983, Ch. 459, Sec. 4.)
  71. 12051.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 6. Agricultural Pest Control Advisers [12001 - 12054] ( Chapter 6 repealed and added by Stats. 1971, Ch. 1276. ) ## ARTICLE 5. Violations [12051 - 12054] ( Article 5 added by Stats. 1971, Ch. 1276. )

    Verify source ↗

    A person may not act or offer to act as an agricultural pest control adviser unless they first get the required license from the director.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 6. Agricultural Pest Control Advisers [12001 - 12054] ( Chapter 6 repealed and added by Stats. 1971, Ch. 1276. ) ## ARTICLE 5. Violations [12051 - 12054] ( Article 5 added by Stats. 1971, Ch. 1276. ) ## 12051. It is unlawful for any person to act or offer to act as an agricultural pest control adviser without first having secured an agricultural pest control adviser’s license from the director in accordance with this chapter. (Added by Stats. 1971, Ch. 1276.)
  72. 12052.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 6. Agricultural Pest Control Advisers [12001 - 12054] ( Chapter 6 repealed and added by Stats. 1971, Ch. 1276. ) ## ARTICLE 5. Violations [12051 - 12054] ( Article 5 added by Stats. 1971, Ch. 1276. )

    Verify source ↗

    A person may not act or offer to act as an agricultural pest control adviser in a county where they make agricultural-use recommendations unless they first register with that county’s agricultural commissioner.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 6. Agricultural Pest Control Advisers [12001 - 12054] ( Chapter 6 repealed and added by Stats. 1971, Ch. 1276. ) ## ARTICLE 5. Violations [12051 - 12054] ( Article 5 added by Stats. 1971, Ch. 1276. ) ## 12052. It is unlawful for any person to act or offer to act as an agricultural pest control adviser in any county wherein the adviser makes any recommendation for agricultural use without first registering with the county agricultural commissioner of that county. (Amended by Stats. 1985, Ch. 95, Sec. 3.)
  73. 12053.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 6. Agricultural Pest Control Advisers [12001 - 12054] ( Chapter 6 repealed and added by Stats. 1971, Ch. 1276. ) ## ARTICLE 5. Violations [12051 - 12054] ( Article 5 added by Stats. 1971, Ch. 1276. )

    Verify source ↗

    It is unlawful to violate any provision of this chapter or any rule or regulation issued under it.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 6. Agricultural Pest Control Advisers [12001 - 12054] ( Chapter 6 repealed and added by Stats. 1971, Ch. 1276. ) ## ARTICLE 5. Violations [12051 - 12054] ( Article 5 added by Stats. 1971, Ch. 1276. ) ## 12053. It is unlawful to violate any provision of this chapter or any rule or regulation issued thereunder. (Added by Stats. 1971, Ch. 1276.)
  74. 12054.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 6. Agricultural Pest Control Advisers [12001 - 12054] ( Chapter 6 repealed and added by Stats. 1971, Ch. 1276. ) ## ARTICLE 5. Violations [12051 - 12054] ( Article 5 added by Stats. 1971, Ch. 1276. )

    Verify source ↗

    A pest control adviser must not make recommendations in a category unless certified for that category.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 6. Agricultural Pest Control Advisers [12001 - 12054] ( Chapter 6 repealed and added by Stats. 1971, Ch. 1276. ) ## ARTICLE 5. Violations [12051 - 12054] ( Article 5 added by Stats. 1971, Ch. 1276. ) ## 12054. It shall be unlawful for any pest control adviser to make recommendations in a category for which he is not certified. (Added by Stats. 1971, Ch. 1276.)
  75. 12101.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 7. Pest Control Dealer [12101 - 12121] ( Heading of Chapter 7 amended by Stats. 1997, Ch. 695, Sec. 2. ) ## ARTICLE 1. General Provisions [12101 - 12116] ( Article 1 added by Stats. 1969, Ch. 1414. )

    Verify source ↗

    A person may not act or hold out as a pest control dealer unless licensed under this chapter.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 7. Pest Control Dealer [12101 - 12121] ( Heading of Chapter 7 amended by Stats. 1997, Ch. 695, Sec. 2. ) ## ARTICLE 1. General Provisions [12101 - 12116] ( Article 1 added by Stats. 1969, Ch. 1414. ) ## 12101. No person shall act in the capacity of a pest control dealer or shall engage or offer to engage in the business of, advertise as, or assume to act as a pest control dealer unless he or she is licensed as a pest control dealer pursuant to this chapter. (Amended by Stats. 1993, Ch. 620, Sec. 10. Effective January 1, 1994.)
  76. 12101.5.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 7. Pest Control Dealer [12101 - 12121] ( Heading of Chapter 7 amended by Stats. 1997, Ch. 695, Sec. 2. ) ## ARTICLE 1. General Provisions [12101 - 12116] ( Article 1 added by Stats. 1969, Ch. 1414. )

    Verify source ↗

    Pest control dealers licensed under Section 12101 must keep a qualified designated agent at the principal office and each branch location.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 7. Pest Control Dealer [12101 - 12121] ( Heading of Chapter 7 amended by Stats. 1997, Ch. 695, Sec. 2. ) ## ARTICLE 1. General Provisions [12101 - 12116] ( Article 1 added by Stats. 1969, Ch. 1414. ) ## 12101.5. Each pest control dealer required to be licensed pursuant to Section 12101 shall have and maintain, at the principal office, and at each branch location, a designated agent qualified to actively supervise all operations conducted at that location. The designated agent shall be a person who holds a pest control dealer designated agent license, an agricultural pest control adviser license, a pest control aircraft pilot certificate, or a qualified applicator license issued pursuant to Chapter 8 (commencing with Section 12201). (Added by Stats. 1993, Ch. 620, Sec. 11. Effective January 1, 1994.)
  77. 12102.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 7. Pest Control Dealer [12101 - 12121] ( Heading of Chapter 7 amended by Stats. 1997, Ch. 695, Sec. 2. ) ## ARTICLE 1. General Provisions [12101 - 12116] ( Article 1 added by Stats. 1969, Ch. 1414. )

    Verify source ↗

    Section 12101 does not apply to federal, state, or county agencies that provide pesticide materials for agricultural use.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 7. Pest Control Dealer [12101 - 12121] ( Heading of Chapter 7 amended by Stats. 1997, Ch. 695, Sec. 2. ) ## ARTICLE 1. General Provisions [12101 - 12116] ( Article 1 added by Stats. 1969, Ch. 1414. ) ## 12102. The provisions of Section 12101 shall not apply to any federal, state, or county agency which provides pesticide materials for agricultural use. (Added by Stats. 1969, Ch. 1414.)
  78. 12103.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 7. Pest Control Dealer [12101 - 12121] ( Heading of Chapter 7 amended by Stats. 1997, Ch. 695, Sec. 2. ) ## ARTICLE 1. General Provisions [12101 - 12116] ( Article 1 added by Stats. 1969, Ch. 1414. )

    Verify source ↗

    License applicants must use the director’s form, include required information, pay the required fee, and add an extra fee for each covered branch location. Licenses under this article expire on December 31 of the last year issued.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 7. Pest Control Dealer [12101 - 12121] ( Heading of Chapter 7 amended by Stats. 1997, Ch. 695, Sec. 2. ) ## ARTICLE 1. General Provisions [12101 - 12116] ( Article 1 added by Stats. 1969, Ch. 1414. ) ## 12103. (a) An application for a license shall be in the form prescribed by the director. Each application shall state the name and address of the applicant specified on the application and any other information required by the director. The application shall be accompanied by a fee as prescribed by the director pursuant to Section 11502.5 to be paid into the State Treasury to the credit of the Department of Pesticide Regulation Fund. All licenses issued under this article shall expire on December 31 of the last year for which they are issued. (b) To the amount of the license fee shall be added an additional fee, in an amount prescribed by the director pursuant to Section 11502.5, for each branch salesyard, store, or sales location that is owned and operated by the applicant in this state or in other states when doing business from that out-of-state location regarding pesticides to be sold or delivered into or within this state. (Amended by Stats. 2022, Ch. 60, Sec. 9. (AB 203) Effective June 30, 2022.)
  79. 12104.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 7. Pest Control Dealer [12101 - 12121] ( Heading of Chapter 7 amended by Stats. 1997, Ch. 695, Sec. 2. ) ## ARTICLE 1. General Provisions [12101 - 12116] ( Article 1 added by Stats. 1969, Ch. 1414. )

    Verify source ↗

    A pest control dealer license may be renewed before it expires by applying in the form the director prescribes and paying the fee the director prescribes.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 7. Pest Control Dealer [12101 - 12121] ( Heading of Chapter 7 amended by Stats. 1997, Ch. 695, Sec. 2. ) ## ARTICLE 1. General Provisions [12101 - 12116] ( Article 1 added by Stats. 1969, Ch. 1414. ) ## 12104. The license for a pest control dealer may be renewed before its expiration through application in the form prescribed by the director, accompanied by a fee as prescribed by the director pursuant to Section 11502.5, for each license and for each branch salesyard, store, or sales location that does business in the state, or that does business in this state from an out-of-state location as specified in Section 12103. These fees shall be paid into the State Treasury to the credit of the Department of Pesticide Regulation Fund. (Amended by Stats. 2022, Ch. 60, Sec. 10. (AB 203) Effective June 30, 2022.)
  80. 12105.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 7. Pest Control Dealer [12101 - 12121] ( Heading of Chapter 7 amended by Stats. 1997, Ch. 695, Sec. 2. ) ## ARTICLE 1. General Provisions [12101 - 12116] ( Article 1 added by Stats. 1969, Ch. 1414. )

    Verify source ↗

    If a fee is not paid by its expiration date, a penalty prescribed by the director must be added.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 7. Pest Control Dealer [12101 - 12121] ( Heading of Chapter 7 amended by Stats. 1997, Ch. 695, Sec. 2. ) ## ARTICLE 1. General Provisions [12101 - 12116] ( Article 1 added by Stats. 1969, Ch. 1414. ) ## 12105. A penalty as prescribed by the director pursuant to Section 11502.5 shall be added to any fee that is not paid by the date of expiration. (Amended by Stats. 2003, Ch. 741, Sec. 56. Effective January 1, 2004.)
  81. 12106.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 7. Pest Control Dealer [12101 - 12121] ( Heading of Chapter 7 amended by Stats. 1997, Ch. 695, Sec. 2. ) ## ARTICLE 1. General Provisions [12101 - 12116] ( Article 1 added by Stats. 1969, Ch. 1414. )

    Verify source ↗

    Each applicant must satisfy the director about their knowledge of pesticide laws and rules, and their responsibility in running a pest control dealer business.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 7. Pest Control Dealer [12101 - 12121] ( Heading of Chapter 7 amended by Stats. 1997, Ch. 695, Sec. 2. ) ## ARTICLE 1. General Provisions [12101 - 12116] ( Article 1 added by Stats. 1969, Ch. 1414. ) ## 12106. Each applicant shall satisfy the director as to his or her knowledge of the laws and regulations governing the use and sale of pesticides, and his or her responsibility in carrying on the business of a pest control dealer. (Amended by Stats. 1993, Ch. 620, Sec. 13. Effective January 1, 1994.)
  82. 12107.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 7. Pest Control Dealer [12101 - 12121] ( Heading of Chapter 7 amended by Stats. 1997, Ch. 695, Sec. 2. ) ## ARTICLE 1. General Provisions [12101 - 12116] ( Article 1 added by Stats. 1969, Ch. 1414. )

    Verify source ↗

    The director must issue a license to each applicant who meets this article’s requirements.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 7. Pest Control Dealer [12101 - 12121] ( Heading of Chapter 7 amended by Stats. 1997, Ch. 695, Sec. 2. ) ## ARTICLE 1. General Provisions [12101 - 12116] ( Article 1 added by Stats. 1969, Ch. 1414. ) ## 12107. The director shall issue to each applicant that satisfies the requirements of this article a license that entitles the applicant to conduct the business described in the application for the calendar years for which the license is issued, unless the license is sooner revoked or suspended. (Amended by Stats. 2022, Ch. 60, Sec. 11. (AB 203) Effective June 30, 2022.)
  83. 12108.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 7. Pest Control Dealer [12101 - 12121] ( Heading of Chapter 7 amended by Stats. 1997, Ch. 695, Sec. 2. ) ## ARTICLE 1. General Provisions [12101 - 12116] ( Article 1 added by Stats. 1969, Ch. 1414. )

    Verify source ↗

    A licensed pest control dealer must immediately notify the director if their address or place of business changes.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 7. Pest Control Dealer [12101 - 12121] ( Heading of Chapter 7 amended by Stats. 1997, Ch. 695, Sec. 2. ) ## ARTICLE 1. General Provisions [12101 - 12116] ( Article 1 added by Stats. 1969, Ch. 1414. ) ## 12108. Every licensed pest control dealer who changes his or her address or place of business shall immediately notify the director. (Amended by Stats. 1993, Ch. 620, Sec. 14. Effective January 1, 1994.)
  84. 12110.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 7. Pest Control Dealer [12101 - 12121] ( Heading of Chapter 7 amended by Stats. 1997, Ch. 695, Sec. 2. ) ## ARTICLE 1. General Provisions [12101 - 12116] ( Article 1 added by Stats. 1969, Ch. 1414. )

    Verify source ↗

    A dealer is responsible for the acts of employees involved in pesticide solicitation, sales, claims, and recommendations; the dealer’s license may face disciplinary action for violations of this chapter.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 7. Pest Control Dealer [12101 - 12121] ( Heading of Chapter 7 amended by Stats. 1997, Ch. 695, Sec. 2. ) ## ARTICLE 1. General Provisions [12101 - 12116] ( Article 1 added by Stats. 1969, Ch. 1414. ) ## 12110. Each dealer shall be responsible for the acts of each person employed by him in the solicitation and sale of pesticides and all claims and recommendations for use of pesticides. The dealer’s license shall be subject to disciplinary action for any violation of this chapter whether committed by the dealer, or by any officer, agent or employee. (Added by Stats. 1969, Ch. 1414.)
  85. 12111.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 7. Pest Control Dealer [12101 - 12121] ( Heading of Chapter 7 amended by Stats. 1997, Ch. 695, Sec. 2. ) ## ARTICLE 1. General Provisions [12101 - 12116] ( Article 1 added by Stats. 1969, Ch. 1414. )

    Verify source ↗

    The director may adopt rules and regulations that are reasonably necessary to carry out this chapter’s purposes.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 7. Pest Control Dealer [12101 - 12121] ( Heading of Chapter 7 amended by Stats. 1997, Ch. 695, Sec. 2. ) ## ARTICLE 1. General Provisions [12101 - 12116] ( Article 1 added by Stats. 1969, Ch. 1414. ) ## 12111. The director may adopt such rules and regulations as are reasonably necessary to effectuate the purposes of this chapter. (Added by Stats. 1969, Ch. 1414.)
  86. 12113.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 7. Pest Control Dealer [12101 - 12121] ( Heading of Chapter 7 amended by Stats. 1997, Ch. 695, Sec. 2. ) ## ARTICLE 1. General Provisions [12101 - 12116] ( Article 1 added by Stats. 1969, Ch. 1414. )

    Verify source ↗

    The director may, after a hearing, refuse, revoke, or suspend a pest control dealer license for certain violations.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 7. Pest Control Dealer [12101 - 12121] ( Heading of Chapter 7 amended by Stats. 1997, Ch. 695, Sec. 2. ) ## ARTICLE 1. General Provisions [12101 - 12116] ( Article 1 added by Stats. 1969, Ch. 1414. ) ## 12113. The director may, after a hearing, refuse, revoke, or suspend a pest control dealer license for violation of the provisions of this division or Division 7 (commencing with Section 12501) relating to pesticides or the rules and regulations adopted pursuant to those provisions. The hearing shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. (Amended by Stats. 1993, Ch. 620, Sec. 16. Effective January 1, 1994.)
  87. 12114.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 7. Pest Control Dealer [12101 - 12121] ( Heading of Chapter 7 amended by Stats. 1997, Ch. 695, Sec. 2. ) ## ARTICLE 1. General Provisions [12101 - 12116] ( Article 1 added by Stats. 1969, Ch. 1414. )

    Verify source ↗

    Licensed pest control dealers must keep pesticide purchase/sales/distribution records for four years, let the director audit them, and file quarterly sales reports with required certifications and payment information.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 7. Pest Control Dealer [12101 - 12121] ( Heading of Chapter 7 amended by Stats. 1997, Ch. 695, Sec. 2. ) ## ARTICLE 1. General Provisions [12101 - 12116] ( Article 1 added by Stats. 1969, Ch. 1414. ) ## 12114. (a) Each licensed pest control dealer, and each person who is required to be licensed as a pest control dealer pursuant to Section 12101, shall maintain at their principal place of business the records of its purchases, sales, and distributions of pesticides into or within this state, including those of its branch locations, for four years. Each dealer shall also maintain the pesticide broker or pest control dealer license number of any pesticide broker or pest control dealer from whom the dealer purchased pesticides registered by the director and labeled for agricultural use. The records shall be available for audit by the director. (b) Each licensed pest control dealer, and each person who is required to be licensed as a pest control dealer pursuant to Section 12101, shall report quarterly to the director the total dollars of sales and total pounds or gallons sold into or within this state of each pesticide subject to Sections 12841 and 12841.1. The quarterly report shall be in the form prescribed by the director and shall include information from the dealer’s licensed branch locations, if any, and any other information specified on the form or required by the director. The report shall include a certification, under penalty of perjury, that the information contained in the report is true and correct. The report shall accompany payment of assessments required by Sections 12841 and 12841.1. (Amended by Stats. 2024, Ch. 60, Sec. 7. (AB 2113) Effective July 2, 2024.)
  88. 12115.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 7. Pest Control Dealer [12101 - 12121] ( Heading of Chapter 7 amended by Stats. 1997, Ch. 695, Sec. 2. ) ## ARTICLE 1. General Provisions [12101 - 12116] ( Article 1 added by Stats. 1969, Ch. 1414. )

    Verify source ↗

    Certain licensed pest control dealers must file an annual written report to the director by December 1.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 7. Pest Control Dealer [12101 - 12121] ( Heading of Chapter 7 amended by Stats. 1997, Ch. 695, Sec. 2. ) ## ARTICLE 1. General Provisions [12101 - 12116] ( Article 1 added by Stats. 1969, Ch. 1414. ) ## 12115. Any licensed pest control dealer, or any person who is required to be licensed as a pest control dealer pursuant to Section 12101, who purchases pesticide products that are registered by the director pursuant to Chapter 2 (commencing with Section 12751) of Division 7 and labeled for agricultural use from a person other than a registrant or a licensed pest control dealer, shall report in writing the name, address, telephone number, and pesticide broker license number issued by the director, if any, of those persons to the director annually, by December 1 each year. (Added by renumbering Section 12115.5 by Stats. 1997, Ch. 695, Sec. 12. Effective January 1, 1998.)
  89. 12116.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 7. Pest Control Dealer [12101 - 12121] ( Heading of Chapter 7 amended by Stats. 1997, Ch. 695, Sec. 2. ) ## ARTICLE 1. General Provisions [12101 - 12116] ( Article 1 added by Stats. 1969, Ch. 1414. )

    Verify source ↗

    A licensed pest control dealer cannot buy an agricultural-use pesticide for resale in this state unless the purchase is from a registrant, a licensed pest control dealer, or a licensed pesticide broker.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 7. Pest Control Dealer [12101 - 12121] ( Heading of Chapter 7 amended by Stats. 1997, Ch. 695, Sec. 2. ) ## ARTICLE 1. General Provisions [12101 - 12116] ( Article 1 added by Stats. 1969, Ch. 1414. ) ## 12116. It is unlawful for a licensed pest control dealer to purchase for sale in this state a pesticide that is labeled for agricultural use except from a registrant, a pest control dealer licensed pursuant to Section 12107, or a pesticide broker licensed pursuant to Section 12402. (Added by renumbering Section 12115.6 by Stats. 1997, Ch. 695, Sec. 13. Effective January 1, 1998.)
  90. 12121.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 7. Pest Control Dealer [12101 - 12121] ( Heading of Chapter 7 amended by Stats. 1997, Ch. 695, Sec. 2. ) ## ARTICLE 2. Violations [12121- 12121.] ( Article 2 added by Stats. 1969, Ch. 1414. )

    Verify source ↗

    People subject to this chapter must not fail to show their pest control dealer qualifications, fail to notify the director of transfers or address changes, ignore applicable pesticide rules, or make false or misleading statements in license-related applications or advertising.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 7. Pest Control Dealer [12101 - 12121] ( Heading of Chapter 7 amended by Stats. 1997, Ch. 695, Sec. 2. ) ## ARTICLE 2. Violations [12121- 12121.] ( Article 2 added by Stats. 1969, Ch. 1414. ) ## 12121. It is unlawful for any person who is subject to this chapter to do any of the following: (a) Fail to demonstrate to the director qualifications to act in the capacity of a pest control dealer. (b) Fail to notify the director of any transfer or change of address. (c) Fail to comply with the provisions of this division or Division 7 (commencing with Section 12501) relating to pesticides or the rules and regulations adopted pursuant to those provisions. (d) Make false or fraudulent statements, or misrepresent or fail to disclose any material fact in making application for a license or renewal of license. (e) Make any false or misleading statements or promises of a character likely to influence, induce, or deceive, or publish, or cause to be published, or distributed or displayed any false or misleading literature or advertisement, concerning any pesticide or method of pest control. (Amended by Stats. 1993, Ch. 620, Sec. 17. Effective January 1, 1994.)
  91. 12201.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 8. Qualified Applicator License [12201 - 12206] ( Chapter 8 added by Stats. 1986, Ch. 503, Sec. 12. )

    Verify source ↗

    A qualified applicator license application must use the director’s prescribed form and be submitted with required information and a prescribed fee.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 8. Qualified Applicator License [12201 - 12206] ( Chapter 8 added by Stats. 1986, Ch. 503, Sec. 12. ) ## 12201. An application for a qualified applicator license shall be in a form prescribed by the director. Each application shall state the name and address of the applicant specified on the application and any other information required by the director. The application shall be accompanied by a fee as prescribed by the director pursuant to Section 11502.5. (Amended by Stats. 2003, Ch. 741, Sec. 57. Effective January 1, 2004.)
  92. 12201.1.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 8. Qualified Applicator License [12201 - 12206] ( Chapter 8 added by Stats. 1986, Ch. 503, Sec. 12. )

    Verify source ↗

    A person may not supervise a pest control business unless they have a qualified applicator license, except for businesses licensed only in the maintenance gardener category.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 8. Qualified Applicator License [12201 - 12206] ( Chapter 8 added by Stats. 1986, Ch. 503, Sec. 12. ) ## 12201.1. It is unlawful for any person to act in a supervisory capacity or position for a pest control business, except a business licensed only in the maintenance gardener category pursuant to Section 11705, unless the person has a qualified applicator license. (Added by Stats. 1993, Ch. 624, Sec. 6. Effective January 1, 1994.)
  93. 12202.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 8. Qualified Applicator License [12201 - 12206] ( Chapter 8 added by Stats. 1986, Ch. 503, Sec. 12. )

    Verify source ↗

    Licenses under this chapter expire on December 31 of the last year issued; renewal is allowed only before expiration and only with the director-prescribed application and fee.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 8. Qualified Applicator License [12201 - 12206] ( Chapter 8 added by Stats. 1986, Ch. 503, Sec. 12. ) ## 12202. (a) All licenses issued pursuant to this chapter expire on December 31 of the last year for which they are issued. Licenses may be renewed before their expiration through application in the form prescribed by the director and upon payment of a fee as prescribed by the director pursuant to Section 11502.5. (b) A penalty as prescribed by the director pursuant to Section 11502.5 shall be assessed against any applicant who applies for renewal after the expiration date. (Amended by Stats. 2022, Ch. 60, Sec. 12. (AB 203) Effective June 30, 2022.)
  94. 12203.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 8. Qualified Applicator License [12201 - 12206] ( Chapter 8 added by Stats. 1986, Ch. 503, Sec. 12. )

    Verify source ↗

    Applicants must be examined on pesticide-use laws and regulations and must choose one or more licensing categories set by the director.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 8. Qualified Applicator License [12201 - 12206] ( Chapter 8 added by Stats. 1986, Ch. 503, Sec. 12. ) ## 12203. Applicants shall be examined on the requirements of laws and regulations concerning pesticide use and shall elect to be examined for licensing in one or more of the categories established by the director. (Amended by Stats. 2022, Ch. 60, Sec. 13. (AB 203) Effective June 30, 2022.)
  95. 12203.1.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 8. Qualified Applicator License [12201 - 12206] ( Chapter 8 added by Stats. 1986, Ch. 503, Sec. 12. )

    Verify source ↗

    The director may designate subcategories within the categories created under Section 12203 when necessary.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 8. Qualified Applicator License [12201 - 12206] ( Chapter 8 added by Stats. 1986, Ch. 503, Sec. 12. ) ## 12203.1. The director may designate subcategories within the categories established pursuant to Section 12203, as determined to be necessary. (Amended by Stats. 2022, Ch. 60, Sec. 14. (AB 203) Effective June 30, 2022.)
  96. 12204.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 8. Qualified Applicator License [12201 - 12206] ( Chapter 8 added by Stats. 1986, Ch. 503, Sec. 12. )

    Verify source ↗

    The director must issue a qualified applicator license to each applicant who meets this chapter’s requirements.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 8. Qualified Applicator License [12201 - 12206] ( Chapter 8 added by Stats. 1986, Ch. 503, Sec. 12. ) ## 12204. The director shall issue to each applicant who satisfies the requirements of this chapter a qualified applicator license. (Added by Stats. 1986, Ch. 503, Sec. 12.)
  97. 12205.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 8. Qualified Applicator License [12201 - 12206] ( Chapter 8 added by Stats. 1986, Ch. 503, Sec. 12. )

    Verify source ↗

    The director may refuse, revoke, or suspend a qualified applicator license after a hearing, if one of the listed grounds is present.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 8. Qualified Applicator License [12201 - 12206] ( Chapter 8 added by Stats. 1986, Ch. 503, Sec. 12. ) ## 12205. A qualified applicator license may be refused, revoked, or suspended by the director, after a hearing, for any of the following: (a) Failure to comply with this division or Division 7 (commencing with Section 12501) or regulations adopted pursuant to these divisions. (b) Making any false or fraudulent record or report. (c) Failure to ensure that the responsibilities of the pest control business specified in regulations are carried out. (d) Failure to supervise operations, activities, and employees of the pest control business in a manner that ensures compliance with this division and Division 7 (commencing with Section 12501) pertaining to pesticides. (Amended by Stats. 1993, Ch. 624, Sec. 7. Effective January 1, 1994.)
  98. 12206.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 8. Qualified Applicator License [12201 - 12206] ( Chapter 8 added by Stats. 1986, Ch. 503, Sec. 12. )

    Verify source ↗

    The director may suspend or impose conditions on a qualified applicator’s license before a hearing, and may end that suspension or those conditions after satisfactory corrective action.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 8. Qualified Applicator License [12201 - 12206] ( Chapter 8 added by Stats. 1986, Ch. 503, Sec. 12. ) ## 12206. Notwithstanding Section 12205, if the director finds on the basis of affidavits submitted to the director by the enforcement personnel specified in Section 11501.5, or by injured parties, that continuance of the license endangers public welfare or safety, the director may, pending a hearing, suspend or place conditions on the license of any qualified applicator. The director may terminate the suspension of, or any condition placed upon, a license upon the taking of corrective action by the qualified applicator that the director determines satisfactory to assure compliance with statutes and regulations. In that event, the matter may proceed to hearing as though the license had not been suspended or the conditions placed upon it. (Added by Stats. 1993, Ch. 624, Sec. 8. Effective January 1, 1994.)
  99. 12251.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 9. Pesticide Dealer Designated Agent [12251 - 12258] ( Chapter 9 added by Stats. 1987, Ch. 791, Sec. 2. )

    Verify source ↗

    A person may not act as a designated agent for a licensed pest control dealer unless licensed as a pest control dealer designated agent under this article.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 9. Pesticide Dealer Designated Agent [12251 - 12258] ( Chapter 9 added by Stats. 1987, Ch. 791, Sec. 2. ) ## 12251. No person shall act as a designated agent of a pest control dealer who is licensed pursuant to Chapter 7 (commencing with Section 12101), unless that person is licensed as a pest control dealer designated agent pursuant to this article. (Amended by Stats. 1993, Ch. 620, Sec. 18. Effective January 1, 1994.)
  100. 12252.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 9. Pesticide Dealer Designated Agent [12251 - 12258] ( Chapter 9 added by Stats. 1987, Ch. 791, Sec. 2. )

    Verify source ↗

    An applicant must use the director’s form, give required information, and include the prescribed fee. Licenses expire on December 31 of the last year issued, and renewal before expiration is allowed if the prescribed form and fee are submitted; late renewal fees get a prescribed penalty.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 9. Pesticide Dealer Designated Agent [12251 - 12258] ( Chapter 9 added by Stats. 1987, Ch. 791, Sec. 2. ) ## 12252. (a) An application for a pest control dealer designated agent license shall be in the form prescribed by the director. Each application shall state the name and address of the applicant specified on the application and any other information required by the director. The application shall be accompanied by a fee as prescribed by the director pursuant to Section 11502.5. (b) All licenses issued pursuant to this chapter shall expire on December 31 of the last year for which they are issued. (c) Licenses may be renewed before their expiration through application in the form prescribed by the director and upon payment of a fee as prescribed by the director pursuant to Section 11502.5. A penalty as prescribed by the director pursuant to Section 11502.5 shall be added to any license renewal fee that is not paid by the date of expiration. (Amended by Stats. 2022, Ch. 60, Sec. 15. (AB 203) Effective June 30, 2022.)
  101. 12253.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 9. Pesticide Dealer Designated Agent [12251 - 12258] ( Chapter 9 added by Stats. 1987, Ch. 791, Sec. 2. )

    Verify source ↗

    Before an initial license is issued, the applicant must pass an examination.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 9. Pesticide Dealer Designated Agent [12251 - 12258] ( Chapter 9 added by Stats. 1987, Ch. 791, Sec. 2. ) ## 12253. Before initial license is issued, the applicant shall pass an examination to demonstrate to the director the applicant’s knowledge of the laws and regulations governing the use and sale of pesticides and the responsibility in carrying on the business of a pest control dealer. (Amended by Stats. 1993, Ch. 620, Sec. 20. Effective January 1, 1994.)
  102. 12254.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 9. Pesticide Dealer Designated Agent [12251 - 12258] ( Chapter 9 added by Stats. 1987, Ch. 791, Sec. 2. )

    Verify source ↗

    The director must issue a pest control dealer designated agent license to each applicant who meets this chapter’s requirements.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 9. Pesticide Dealer Designated Agent [12251 - 12258] ( Chapter 9 added by Stats. 1987, Ch. 791, Sec. 2. ) ## 12254. The director shall issue to each applicant who satisfies the requirements of this chapter a pest control dealer designated agent license. (Amended by Stats. 1993, Ch. 620, Sec. 21. Effective January 1, 1994.)
  103. 12255.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 9. Pesticide Dealer Designated Agent [12251 - 12258] ( Chapter 9 added by Stats. 1987, Ch. 791, Sec. 2. )

    Verify source ↗

    A licensed pest control dealer designated agent must immediately notify the director when their address changes.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 9. Pesticide Dealer Designated Agent [12251 - 12258] ( Chapter 9 added by Stats. 1987, Ch. 791, Sec. 2. ) ## 12255. Every licensed pest control dealer designated agent who changes his or her address shall immediately notify the director of the new address. (Amended by Stats. 1993, Ch. 620, Sec. 22. Effective January 1, 1994.)
  104. 12256.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 9. Pesticide Dealer Designated Agent [12251 - 12258] ( Chapter 9 added by Stats. 1987, Ch. 791, Sec. 2. )

    Verify source ↗

    The director may adopt rules and regulations that are reasonably necessary to carry out this chapter.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 9. Pesticide Dealer Designated Agent [12251 - 12258] ( Chapter 9 added by Stats. 1987, Ch. 791, Sec. 2. ) ## 12256. The director may adopt rules and regulations that are reasonably necessary to effectuate this chapter. (Added by Stats. 1987, Ch. 791, Sec. 2.)
  105. 12257.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 9. Pesticide Dealer Designated Agent [12251 - 12258] ( Chapter 9 added by Stats. 1987, Ch. 791, Sec. 2. )

    Verify source ↗

    The director may, after a hearing, refuse, revoke, or suspend a pest control dealer designated agent license for violations covered by this section.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 9. Pesticide Dealer Designated Agent [12251 - 12258] ( Chapter 9 added by Stats. 1987, Ch. 791, Sec. 2. ) ## 12257. The director may, after a hearing, refuse, revoke, or suspend a pest control dealer designated agent license for violation of this chapter or Division 7 (commencing with Section 12501). The hearing shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of the Government Code. (Amended by Stats. 1993, Ch. 620, Sec. 23. Effective January 1, 1994.)
  106. 12258.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 9. Pesticide Dealer Designated Agent [12251 - 12258] ( Chapter 9 added by Stats. 1987, Ch. 791, Sec. 2. )

    Verify source ↗

    People subject to this chapter must not miss address changes, ignore pesticide-related rules, make false or misleading license-related statements, falsify pesticide/business records, or fail to actively supervise employees.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 9. Pesticide Dealer Designated Agent [12251 - 12258] ( Chapter 9 added by Stats. 1987, Ch. 791, Sec. 2. ) ## 12258. It is unlawful for any person who is subject to this chapter to do any of the following: (a) Fail to notify the director of any change of address. (b) Fail to comply with the provisions of this division or Division 7 (commencing with Section 12501) relating to pesticides or the rules and regulations adopted pursuant to those provisions. (c) Make false or fraudulent statements, or misrepresent or fail to disclose any material fact in making an application for a license or renewal of a license. (d) Make any false or misleading statements in any written record or report relating to pesticides or involving the pest control dealer business where that person is, or was, employed. (e) Fail to supervise employees actively in the use and sale of pesticides and exercise responsibility in carrying on the business of a pest control dealer. (Amended by Stats. 1996, Ch. 435, Sec. 6. Effective January 1, 1997.)
  107. 12400.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 10. Pesticide Brokers [12400 - 12408] ( Chapter 10 added by Stats. 1997, Ch. 695, Sec. 16. )

    Verify source ↗

    Most people may not sell, offer to sell, distribute, or bring into California for sale pesticide products registered by the director unless they are licensed as a pesticide broker.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 10. Pesticide Brokers [12400 - 12408] ( Chapter 10 added by Stats. 1997, Ch. 695, Sec. 16. ) ## 12400. It is unlawful for any person, other than the registrant or pest control dealer licensed pursuant to Section 12107, to sell, offer to sell, or distribute into this state, or bring into the state for sale, any pesticide products that have been registered by the director unless the person is licensed by the director as a pesticide broker. (Amended by Stats. 2005, Ch. 612, Sec. 2. Effective January 1, 2006.)
  108. 12401.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 10. Pesticide Brokers [12400 - 12408] ( Chapter 10 added by Stats. 1997, Ch. 695, Sec. 16. )

    Verify source ↗

    License applications and renewals for pesticide brokers must use the director’s prescribed form and include the applicant’s name, address, and any other required information.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 10. Pesticide Brokers [12400 - 12408] ( Chapter 10 added by Stats. 1997, Ch. 695, Sec. 16. ) ## 12401. An application for a pesticide broker license, or renewal of a license, shall be in the form prescribed by the director. Each application for a license, or license renewal, shall state the name and address of the applicant, and any other information specified on the application or required by the director. (Amended by Stats. 2005, Ch. 612, Sec. 3. Effective January 1, 2006.)
  109. 12402.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 10. Pesticide Brokers [12400 - 12408] ( Chapter 10 added by Stats. 1997, Ch. 695, Sec. 16. )

    Verify source ↗

    The director must issue a pesticide broker license to each applicant that meets this chapter’s requirements, and the license lets the applicant do the business described in the application unless it is revoked or suspended.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 10. Pesticide Brokers [12400 - 12408] ( Chapter 10 added by Stats. 1997, Ch. 695, Sec. 16. ) ## 12402. The director shall issue to each applicant that satisfies the requirements of this chapter a pesticide broker license that entitles the applicant to conduct the business described in the application for the calendar years for which the license is issued unless the license is revoked or suspended in the interim. (Amended by Stats. 2022, Ch. 60, Sec. 16. (AB 203) Effective June 30, 2022.)
  110. 12403.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 10. Pesticide Brokers [12400 - 12408] ( Chapter 10 added by Stats. 1997, Ch. 695, Sec. 16. )

    Verify source ↗

    Licenses issued under this chapter may be renewed before they expire by applying to the director.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 10. Pesticide Brokers [12400 - 12408] ( Chapter 10 added by Stats. 1997, Ch. 695, Sec. 16. ) ## 12403. All licenses issued pursuant to this chapter may be renewed before their expiration through application to the director. (Amended by Stats. 2022, Ch. 60, Sec. 17. (AB 203) Effective June 30, 2022.)
  111. 12405.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 10. Pesticide Brokers [12400 - 12408] ( Chapter 10 added by Stats. 1997, Ch. 695, Sec. 16. )

    Verify source ↗

    Licensed pesticide brokers must immediately notify the director in writing when their business or branch address changes.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 10. Pesticide Brokers [12400 - 12408] ( Chapter 10 added by Stats. 1997, Ch. 695, Sec. 16. ) ## 12405. Each licensed pesticide broker that changes the address of its place of business, or that of a branch location, shall immediately provide the director written notification of the change. (Added by Stats. 1997, Ch. 695, Sec. 16. Effective January 1, 1998.)
  112. 12406.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 10. Pesticide Brokers [12400 - 12408] ( Chapter 10 added by Stats. 1997, Ch. 695, Sec. 16. )

    Verify source ↗

    Licensed pesticide brokers must keep specified records, allow audit by the director, and file quarterly reports; pesticide retailers must keep current-year supplier contact records and make them available for audit.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 10. Pesticide Brokers [12400 - 12408] ( Chapter 10 added by Stats. 1997, Ch. 695, Sec. 16. ) ## 12406. (a) Each licensed pesticide broker, or person who is required to be licensed as a pesticide broker pursuant to Section 12400, shall maintain at its principal place of business the records of its purchases subject to mill assessments, sales, and distributions of pesticides into or within this state, including those of its branch locations, for four years. These records shall include copies of invoices showing payment of the mill assessment. The records shall be available for audit by the director. (b) Each licensed pesticide broker, or person who is required to be licensed as a pesticide broker pursuant to Section 12400, shall report quarterly to the director the total dollars of sales and total pounds or gallons sold into or within this state of each pesticide sold and subject to Sections 12841 and 12841.1. The quarterly report shall be in the form prescribed by the director and shall include information from the broker’s licensed branch locations, if any, and any other information specified on the form or required by the director. The report shall include a certification, under penalty of perjury, that the information contained in the report is true and correct. The report shall accompany payment of assessments required by Sections 12841 and 12841.1. (c) Pesticide retailers shall maintain records that show the names and contact information of their suppliers of pesticide in the current year. These records shall be available for audit by the director. (Amended by Stats. 2005, Ch. 612, Sec. 5. Effective January 1, 2006.)
  113. 12407.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 10. Pesticide Brokers [12400 - 12408] ( Chapter 10 added by Stats. 1997, Ch. 695, Sec. 16. )

    Verify source ↗

    A pesticide broker who must be licensed under this chapter must not make false or fraudulent statements, hide material facts, or make false or misleading statements in license applications, renewals, reports to the director, or statements about certain products.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 10. Pesticide Brokers [12400 - 12408] ( Chapter 10 added by Stats. 1997, Ch. 695, Sec. 16. ) ## 12407. It is unlawful for any person required to be licensed as a pesticide broker pursuant to this chapter to make any false or fraudulent statements or misrepresent or fail to disclose any material fact in making application for a license or renewal of a license or in any reports submitted to the director, or to make any false or misleading statements concerning any products specified in Section 12847 that the person sells or distributes. (Added by Stats. 1997, Ch. 695, Sec. 16. Effective January 1, 1998.)
  114. 12408.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 10. Pesticide Brokers [12400 - 12408] ( Chapter 10 added by Stats. 1997, Ch. 695, Sec. 16. )

    Verify source ↗

    After a hearing, the director may refuse, revoke, or suspend a pesticide broker license for violations of this division, Division 7, or regulations adopted under this division.

    ## Food and Agricultural Code - FAC ## DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408] ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. ) ## CHAPTER 10. Pesticide Brokers [12400 - 12408] ( Chapter 10 added by Stats. 1997, Ch. 695, Sec. 16. ) ## 12408. The director, after a hearing, may refuse, revoke, or suspend a pesticide broker license for any violation of this division or Division 7 (commencing with Section 12500) or any regulations adopted pursuant to this division. (Added by Stats. 1997, Ch. 695, Sec. 16. Effective January 1, 1998.)
  115. 12500.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Definitions [12500 - 12500.6] ( Chapter 1 added by Stats. 1994, Ch. 545, Sec. 2. )

    Verify source ↗

    This section defines “department” to mean different agencies depending on which chapter or article is being read.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Definitions [12500 - 12500.6] ( Chapter 1 added by Stats. 1994, Ch. 545, Sec. 2. ) ## 12500. As used in Chapter 1.5 (commencing with Section 12501), Chapter 2 (commencing with Section 12751) except Article 2.5 (commencing with Section 12786), Chapter 3 (commencing with Section 14001), Chapter 3.5 (commencing with Section 14101), Chapter 3.6 (commencing with Section 14151) and Chapter 7 (commencing with Section 15201), “department” means the Department of Pesticide Regulation. As used in Article 2.5 (commencing with Section 12786) of Chapter 2, Chapter 4 (commencing with Section 14200), Chapter 5 (commencing with Section 14501), and Chapter 6 (commencing with Section 14901), “department” means the Department of Food and Agriculture. (Added by Stats. 1994, Ch. 545, Sec. 2. Effective January 1, 1995.)
  116. 12500.5.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Definitions [12500 - 12500.6] ( Chapter 1 added by Stats. 1994, Ch. 545, Sec. 2. )

    Verify source ↗

    “Director” means the Director of Pesticide Regulation.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Definitions [12500 - 12500.6] ( Chapter 1 added by Stats. 1994, Ch. 545, Sec. 2. ) ## 12500.5. “Director” means the Director of Pesticide Regulation. (Added by Stats. 1994, Ch. 545, Sec. 2. Effective January 1, 1995.)
  117. 12500.6.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Definitions [12500 - 12500.6] ( Chapter 1 added by Stats. 1994, Ch. 545, Sec. 2. )

    Verify source ↗

    “Secretary” means the Secretary of Food and Agriculture.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Definitions [12500 - 12500.6] ( Chapter 1 added by Stats. 1994, Ch. 545, Sec. 2. ) ## 12500.6. “Secretary” means the Secretary of Food and Agriculture. (Added by Stats. 1994, Ch. 545, Sec. 2. Effective January 1, 1995.)
  118. 12531.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1.5. Produce Carrying Pesticide Residue [12501 - 12674] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1994, Ch. 545, Sec. 1. ) ## ARTICLE 2. General Provisions [12531 - 12536] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director may adopt regulations that are reasonably necessary to carry out this chapter.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1.5. Produce Carrying Pesticide Residue [12501 - 12674] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1994, Ch. 545, Sec. 1. ) ## ARTICLE 2. General Provisions [12531 - 12536] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 12531. The director may adopt such regulations as are reasonably necessary to carry out this chapter. (Enacted by Stats. 1967, Ch. 15.)
  119. 12532.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1.5. Produce Carrying Pesticide Residue [12501 - 12674] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1994, Ch. 545, Sec. 1. ) ## ARTICLE 2. General Provisions [12531 - 12536] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director must interpret residue monitoring results, publish annual summaries, disclose product disposition information, identify certain counties and commodities in reports, file over-tolerance data sheets with the county commissioner, and include the pesticide identified for each illegal residue found.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1.5. Produce Carrying Pesticide Residue [12501 - 12674] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1994, Ch. 545, Sec. 1. ) ## ARTICLE 2. General Provisions [12531 - 12536] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 12532. (a) The director shall continuously interpret the results of the residue monitoring program in order to assess its general effectiveness at preventing public exposure to illegal pesticide residues. (b) The director shall release to the public, on an annual basis, comprehensive summaries of the results of the pesticide residue monitoring program. The director shall disclose information regarding the disposition of products found to contain illegal pesticide residue levels. (c) The director shall identify in his or her reports the specific county where unprocessed agricultural foods have been discovered to contain illegal pesticide residue levels, the specific commodity, and the county where the commodity was produced. (d) The director shall file copies of all data sheets for over tolerances with the commissioner for the county where the unprocessed agricultural foods have been grown. (e) The director shall include in the reports, in addition to the specific commodity affected, the pesticide identified for each illegal residue found. (Added by Stats. 1986, Ch. 1375, Sec. 2.)
  120. 12533.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1.5. Produce Carrying Pesticide Residue [12501 - 12674] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1994, Ch. 545, Sec. 1. ) ## ARTICLE 2. General Provisions [12531 - 12536] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section says this chapter does not repeal or amend certain Health and Safety Code provisions.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1.5. Produce Carrying Pesticide Residue [12501 - 12674] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1994, Ch. 545, Sec. 1. ) ## ARTICLE 2. General Provisions [12531 - 12536] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 12533. Nothing in this chapter repeals or amends any of the provisions of Part 5 (commencing with Section 109875) of Division 104 of the Health and Safety Code. (Amended by Stats. 1996, Ch. 1023, Sec. 51. Effective September 29, 1996.)
  121. 12534.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1.5. Produce Carrying Pesticide Residue [12501 - 12674] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1994, Ch. 545, Sec. 1. ) ## ARTICLE 2. General Provisions [12531 - 12536] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director must run a pesticide residue monitoring program for produce destined for processing, and the program results must be shared with the State Director of Health Services.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1.5. Produce Carrying Pesticide Residue [12501 - 12674] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1994, Ch. 545, Sec. 1. ) ## ARTICLE 2. General Provisions [12531 - 12536] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 12534. (a) Pursuant to this chapter, the director shall conduct a pesticide residue monitoring program for produce destined for processing to determine which pesticides are most likely to leave a residue and to what extent it is necessary to monitor the produce. (b) The results of the program shall be made available to the State Director of Health Services to provide accurate information to better focus sampling priorities. (Amended by Stats. 1986, Ch. 248, Sec. 44.)
  122. 12535.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1.5. Produce Carrying Pesticide Residue [12501 - 12674] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1994, Ch. 545, Sec. 1. ) ## ARTICLE 2. General Provisions [12531 - 12536] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The department must expand and maintain its focused pesticide residue monitoring program from 1990 onward.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1.5. Produce Carrying Pesticide Residue [12501 - 12674] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1994, Ch. 545, Sec. 1. ) ## ARTICLE 2. General Provisions [12531 - 12536] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 12535. (a) Commencing in 1990, the department shall substantially expand and maintain its focused pesticide residue monitoring program beyond the 1988 level. The focused monitoring program shall be prioritized to consider pesticides of greatest health concern and contribution to dietary exposure, and for various subpopulations which may be uniquely sensitive to pesticide residues, with special emphasis on infants and children. (b) The department shall consider, but not be limited to, the following lists of pesticides in establishing priorities for monitoring: (1) Pesticides identified by the federal Environmental Protection Agency as known, possible, or probable human carcinogens which are registered for use on food crops. (2) Pesticides listed as high priority for risk assessment as a result of the evaluation process of the Birth Defect Prevention Act of 1984. (3) Pesticides listed as known to cause cancer or reproductive toxicity pursuant to Section 25249.9 of the Health and Safety Code. (4) Class I and II pesticides on the United States Food and Drug Administrations’s Surveillance Index. (Amended by Stats. 1990, Ch. 1129, Sec. 1.)
  123. 12536.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1.5. Produce Carrying Pesticide Residue [12501 - 12674] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1994, Ch. 545, Sec. 1. ) ## ARTICLE 2. General Provisions [12531 - 12536] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director must create a pest management advisory committee by regulation, and the committee must help the department with environmentally sound pest management work.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1.5. Produce Carrying Pesticide Residue [12501 - 12674] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1994, Ch. 545, Sec. 1. ) ## ARTICLE 2. General Provisions [12531 - 12536] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 12536. (a) The director, by regulation, shall establish a pest management advisory committee, specifying, as appropriate, the scope and purpose of its advisory role, membership requirements, and operating procedures. The director, or his or her designee, shall serve as chairperson of the committee and the secretary, or his or her designee, shall serve as vice chairperson of the committee. At a minimum, the committee shall assist the department in identifying, facilitating, and promoting environmentally sound pest management practices and pest management systems. (b) Funds in the Department of Pesticide Regulation Fund may be expended, upon appropriation, for pest management grants, and upon the joint decision of the chairperson and vice chairperson, to carry out the recommendations of the pest management advisory committee. (Amended by Stats. 2007, Ch. 178, Sec. 2. Effective August 24, 2007.)
  124. 12561.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1.5. Produce Carrying Pesticide Residue [12501 - 12674] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1994, Ch. 545, Sec. 1. ) ## ARTICLE 3. Permissible Tolerances [12561 - 12565] ( Article 3 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director may set permissible tolerances by regulation for pesticide chemicals on produce if required findings are made.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1.5. Produce Carrying Pesticide Residue [12501 - 12674] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1994, Ch. 545, Sec. 1. ) ## ARTICLE 3. Permissible Tolerances [12561 - 12565] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 12561. The director by regulation may establish permissible tolerances for any pesticide chemical in or on produce if he or she finds each of the following: (a) The pesticide chemical is useful for the production and marketing of the produce. (b) The presence of the pesticide chemical as pesticide residue in quantities within the tolerances so established is not deleterious to the health of man or animals. (Amended by Stats. 1983, Ch. 717, Sec. 3.)
  125. 12562.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1.5. Produce Carrying Pesticide Residue [12501 - 12674] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1994, Ch. 545, Sec. 1. ) ## ARTICLE 3. Permissible Tolerances [12561 - 12565] ( Article 3 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director may exempt a pesticide chemical from the tolerance requirement if the director finds it can be safely used without a tolerance.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1.5. Produce Carrying Pesticide Residue [12501 - 12674] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1994, Ch. 545, Sec. 1. ) ## ARTICLE 3. Permissible Tolerances [12561 - 12565] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 12562. The director may exempt any pesticide chemical from the requirement of a tolerance if he finds that the pesticide chemical may safely be used without a tolerance. (Enacted by Stats. 1967, Ch. 15.)
  126. 12563.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1.5. Produce Carrying Pesticide Residue [12501 - 12674] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1994, Ch. 545, Sec. 1. ) ## ARTICLE 3. Permissible Tolerances [12561 - 12565] ( Article 3 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director may set the tolerance for any pesticide chemical on produce at zero if a higher tolerance is not justified.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1.5. Produce Carrying Pesticide Residue [12501 - 12674] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1994, Ch. 545, Sec. 1. ) ## ARTICLE 3. Permissible Tolerances [12561 - 12565] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 12563. The director may establish the tolerance for any pesticide chemical on produce at zero if he finds that a greater tolerance is not justified. (Enacted by Stats. 1967, Ch. 15.)
  127. 12565.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1.5. Produce Carrying Pesticide Residue [12501 - 12674] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1994, Ch. 545, Sec. 1. ) ## ARTICLE 3. Permissible Tolerances [12561 - 12565] ( Article 3 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director may review an existing pesticide tolerance for produce and, if it meets this chapter’s standards, may establish a matching tolerance under this chapter.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1.5. Produce Carrying Pesticide Residue [12501 - 12674] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1994, Ch. 545, Sec. 1. ) ## ARTICLE 3. Permissible Tolerances [12561 - 12565] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 12565. If a tolerance for a pesticide chemical in or on produce is established pursuant to any law of the United States, the director may review the tolerance, and if he finds that it is in accordance with the standards and provisions of this chapter, he may establish a like tolerance pursuant to this chapter. (Enacted by Stats. 1967, Ch. 15.)
  128. 12581.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1.5. Produce Carrying Pesticide Residue [12501 - 12674] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1994, Ch. 545, Sec. 1. ) ## ARTICLE 4. Inspection [12581 - 12582] ( Article 4 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director may inspect produce, take samples, and request related records if pesticide residue is suspected to exceed the permissible tolerance.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1.5. Produce Carrying Pesticide Residue [12501 - 12674] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1994, Ch. 545, Sec. 1. ) ## ARTICLE 4. Inspection [12581 - 12582] ( Article 4 enacted by Stats. 1967, Ch. 15. ) ## 12581. (a) The director may inspect and take samples of any produce grown, processed, packed, stored, shipped, transported, delivered for shipment, or sold. (b) If the director finds or suspects that a sample taken or inspected pursuant to subdivision (a) carries pesticide residue in excess of the permissible tolerance, the director may request sales records, purchase records, distribution records, or any other record related to that produce. The records shall be provided to the director within 48 hours of the request. (Amended by Stats. 2022, Ch. 574, Sec. 3. (AB 211) Effective September 27, 2022.)
  129. 12582.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1.5. Produce Carrying Pesticide Residue [12501 - 12674] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1994, Ch. 545, Sec. 1. ) ## ARTICLE 4. Inspection [12581 - 12582] ( Article 4 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    If produce destined for processing is found to violate this chapter, the director must immediately notify the State Director of Health Services by telephone and then confirm in writing right away.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1.5. Produce Carrying Pesticide Residue [12501 - 12674] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1994, Ch. 545, Sec. 1. ) ## ARTICLE 4. Inspection [12581 - 12582] ( Article 4 enacted by Stats. 1967, Ch. 15. ) ## 12582. The director shall immediately notify the State Director of Health Services by telephone, with immediate written confirmation, whenever a lot of produce destined for processing is found to be in violation of this chapter. (Amended by Stats. 1986, Ch. 248, Sec. 45.)
  130. 12591.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1.5. Produce Carrying Pesticide Residue [12501 - 12674] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1994, Ch. 545, Sec. 1. ) ## ARTICLE 4.5. Commercial Laboratories [12591 - 12595] ( Article 4.5 added by Stats. 1986, Ch. 782, Sec. 1. )

    Verify source ↗

    The director may accredit a commercial laboratory to test certain produce or environmental samples for pesticide residue purposes if stated conditions are met.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1.5. Produce Carrying Pesticide Residue [12501 - 12674] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1994, Ch. 545, Sec. 1. ) ## ARTICLE 4.5. Commercial Laboratories [12591 - 12595] ( Article 4.5 added by Stats. 1986, Ch. 782, Sec. 1. ) ## 12591. The director may accredit a commercial laboratory to test produce or environmental samples, including air, water, soil, and plant or animal tissue for regulatory pesticide residue purposes if the director finds all of the following conditions: (a) That the department laboratories cannot handle required testing in a timely manner or that the use of a commercial laboratory is more cost-effective to the department or a segment of agriculture. (b) That the laboratory agrees to and participates in a quality control oversight program as specified by the director. (c) That the laboratory’s control and analytical protocols meet criteria established by the director. (d) That, as part of the quality control oversight program, the director may conduct unannounced onsite inspections of the laboratory during normal business hours. (Added by Stats. 1986, Ch. 782, Sec. 1.)
  131. 12592.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1.5. Produce Carrying Pesticide Residue [12501 - 12674] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1994, Ch. 545, Sec. 1. ) ## ARTICLE 4.5. Commercial Laboratories [12591 - 12595] ( Article 4.5 added by Stats. 1986, Ch. 782, Sec. 1. )

    Verify source ↗

    The director may charge a fee for accreditation and quality control oversight, but the amount must be enough to cover reasonable program costs.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1.5. Produce Carrying Pesticide Residue [12501 - 12674] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1994, Ch. 545, Sec. 1. ) ## ARTICLE 4.5. Commercial Laboratories [12591 - 12595] ( Article 4.5 added by Stats. 1986, Ch. 782, Sec. 1. ) ## 12592. The director may charge a fee for accreditation and quality control oversight in an amount sufficient to cover the reasonable costs of carrying out these programs. (Added by Stats. 1986, Ch. 782, Sec. 1.)
  132. 12593.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1.5. Produce Carrying Pesticide Residue [12501 - 12674] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1994, Ch. 545, Sec. 1. ) ## ARTICLE 4.5. Commercial Laboratories [12591 - 12595] ( Article 4.5 added by Stats. 1986, Ch. 782, Sec. 1. )

    Verify source ↗

    The director may refuse accreditation or suspend it if an applicant or accredited laboratory does not meet Section 12591 requirements or fails quality control oversight standards.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1.5. Produce Carrying Pesticide Residue [12501 - 12674] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1994, Ch. 545, Sec. 1. ) ## ARTICLE 4.5. Commercial Laboratories [12591 - 12595] ( Article 4.5 added by Stats. 1986, Ch. 782, Sec. 1. ) ## 12593. The director may refuse to accredit, or may suspend any accreditation, if the applicant or the accredited laboratory, as the case may be, does any of the following: (a) Does not meet, or no longer meets, the requirements stated in Section 12591. (b) Fails to perform in accordance with the performance standards set forth in the quality control oversight program. (Added by Stats. 1986, Ch. 782, Sec. 1.)
  133. 12594.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1.5. Produce Carrying Pesticide Residue [12501 - 12674] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1994, Ch. 545, Sec. 1. ) ## ARTICLE 4.5. Commercial Laboratories [12591 - 12595] ( Article 4.5 added by Stats. 1986, Ch. 782, Sec. 1. )

    Verify source ↗

    Analysis data from an accredited laboratory must be confirmed by a department laboratory before the director takes an official regulatory action.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1.5. Produce Carrying Pesticide Residue [12501 - 12674] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1994, Ch. 545, Sec. 1. ) ## ARTICLE 4.5. Commercial Laboratories [12591 - 12595] ( Article 4.5 added by Stats. 1986, Ch. 782, Sec. 1. ) ## 12594. Analysis data developed by an accredited laboratory shall be subject to confirmation by a laboratory of the department prior to an official regulatory action of the director. (Added by Stats. 1986, Ch. 782, Sec. 1.)
  134. 12595.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1.5. Produce Carrying Pesticide Residue [12501 - 12674] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1994, Ch. 545, Sec. 1. ) ## ARTICLE 4.5. Commercial Laboratories [12591 - 12595] ( Article 4.5 added by Stats. 1986, Ch. 782, Sec. 1. )

    Verify source ↗

    A party may request an appeal analysis from the director when there is a dispute over chemical-analysis findings, and the requesting party must pay the costs.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1.5. Produce Carrying Pesticide Residue [12501 - 12674] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1994, Ch. 545, Sec. 1. ) ## ARTICLE 4.5. Commercial Laboratories [12591 - 12595] ( Article 4.5 added by Stats. 1986, Ch. 782, Sec. 1. ) ## 12595. In the event of a dispute of the findings of a chemical analysis between or among two or more accredited laboratories or between an accredited laboratory and a laboratory of the department, an appeal analysis may be requested by letter, telegram, or other writing to the director. The sample to be analyzed in the appeal analysis shall be submitted to the headquarters laboratory of the department at Sacramento. The cost of the appeal analysis, including any sampling or shipping required, shall be at the expense of the requesting party. The findings from the appeal analysis are binding on all parties. (Added by Stats. 1986, Ch. 782, Sec. 1.)
  135. 12601.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1.5. Produce Carrying Pesticide Residue [12501 - 12674] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1994, Ch. 545, Sec. 1. ) ## ARTICLE 5. Seizure [12601 - 12615] ( Article 5 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director may seize and hold produce that carries or is suspected of carrying pesticide residue or other added deleterious ingredients, including certain unharvested produce near harvest time.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1.5. Produce Carrying Pesticide Residue [12501 - 12674] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1994, Ch. 545, Sec. 1. ) ## ARTICLE 5. Seizure [12601 - 12615] ( Article 5 enacted by Stats. 1967, Ch. 15. ) ## 12601. The director may seize and hold any lot of produce, or any unharvested produce that is within one week of being in a harvestable condition, which carries or is suspected of carrying pesticide residue or other added deleterious ingredients in violation of this chapter or any regulation adopted pursuant to this chapter. (Amended by Stats. 1990, Ch. 288, Sec. 1.)
  136. 12602.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1.5. Produce Carrying Pesticide Residue [12501 - 12674] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1994, Ch. 545, Sec. 1. ) ## ARTICLE 5. Seizure [12601 - 12615] ( Article 5 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    If the director seizes a lot of produce, the director must give the owner or bailee a hold order or notice, and may attach a warning tag saying the lot is held.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1.5. Produce Carrying Pesticide Residue [12501 - 12674] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1994, Ch. 545, Sec. 1. ) ## ARTICLE 5. Seizure [12601 - 12615] ( Article 5 enacted by Stats. 1967, Ch. 15. ) ## 12602. If the director seizes any lot of produce, he shall issue to the owner or bailee a hold order or notice. He may affix to the lot a warning tag which states that the lot is so held. (Enacted by Stats. 1967, Ch. 15.)
  137. 12603.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1.5. Produce Carrying Pesticide Residue [12501 - 12674] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1994, Ch. 545, Sec. 1. ) ## ARTICLE 5. Seizure [12601 - 12615] ( Article 5 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    When a hold order or notice is issued for produce, the owner or bailee must hold it and keep it in place unless the director specifically directs otherwise.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1.5. Produce Carrying Pesticide Residue [12501 - 12674] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1994, Ch. 545, Sec. 1. ) ## ARTICLE 5. Seizure [12601 - 12615] ( Article 5 enacted by Stats. 1967, Ch. 15. ) ## 12603. Any lot of produce for which a hold order or notice is issued shall be held by the owner or bailee of the produce and shall not be disturbed or moved from the place where it is, except under the specific direction of the director, pending final disposition pursuant to this chapter. This does not prevent the owner or bailee from inspecting any produce so seized, nor from taking therefrom, in the presence of a person designated by the director, a reasonable sample for evidence. (Enacted by Stats. 1967, Ch. 15.)
  138. 12604.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1.5. Produce Carrying Pesticide Residue [12501 - 12674] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1994, Ch. 545, Sec. 1. ) ## ARTICLE 5. Seizure [12601 - 12615] ( Article 5 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Produce seized under this article must be sampled and analyzed within 24 hours, unless the director already analyzed it. The director must then immediately notify the owner or bailee of the test result by person or telegram.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1.5. Produce Carrying Pesticide Residue [12501 - 12674] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1994, Ch. 545, Sec. 1. ) ## ARTICLE 5. Seizure [12601 - 12615] ( Article 5 enacted by Stats. 1967, Ch. 15. ) ## 12604. Any produce which is seized and held pursuant to this article, unless previously analyzed by the director, shall be sampled and analyzed within 24 hours after the seizure for the purpose of determining the amount of pesticide residue on it. The owner or bailee of the produce shall be immediately notified in person or by telegram by the director that the analysis of the sample shows that the produce does or does not carry pesticide residue or other added deleterious ingredient in violation of this chapter or any regulation adopted pursuant to this chapter. (Amended by Stats. 1990, Ch. 288, Sec. 2.)
  139. 12605.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1.5. Produce Carrying Pesticide Residue [12501 - 12674] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1994, Ch. 545, Sec. 1. ) ## ARTICLE 5. Seizure [12601 - 12615] ( Article 5 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    If the owner or bailee asks at or before sampling, the drawn sample must be split into two nearly equal parts, with one sealed and left with the owner or bailee and the other taken by the director for analysis.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1.5. Produce Carrying Pesticide Residue [12501 - 12674] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1994, Ch. 545, Sec. 1. ) ## ARTICLE 5. Seizure [12601 - 12615] ( Article 5 enacted by Stats. 1967, Ch. 15. ) ## 12605. Upon the demand of the owner or bailee at or prior to the time of the sampling by the director, the sample which is drawn shall be divided into two approximately equal parts, one part of which shall be sealed and left with the owner or bailee and one part taken for analysis by the director. (Enacted by Stats. 1967, Ch. 15.)
  140. 12606.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1.5. Produce Carrying Pesticide Residue [12501 - 12674] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1994, Ch. 545, Sec. 1. ) ## ARTICLE 5. Seizure [12601 - 12615] ( Article 5 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    If the director’s chemical analysis shows the seized lot is not above the allowed pesticide residue limit, the director must release it and remove the hold order or tag.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1.5. Produce Carrying Pesticide Residue [12501 - 12674] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1994, Ch. 545, Sec. 1. ) ## ARTICLE 5. Seizure [12601 - 12615] ( Article 5 enacted by Stats. 1967, Ch. 15. ) ## 12606. If the seized and held lot, as determined by the director’s chemical analysis, does not carry pesticide residue in excess of any maximum which is provided by this chapter or in excess of a permissible tolerance, the director shall forthwith release the seized and held lot from the seizure and remove the hold order or tag. (Amended by Stats. 1983, Ch. 717, Sec. 6.)
  141. 12607.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1.5. Produce Carrying Pesticide Residue [12501 - 12674] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1994, Ch. 545, Sec. 1. ) ## ARTICLE 5. Seizure [12601 - 12615] ( Article 5 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    If seized produce has pesticide residue above a legal maximum or tolerance, the director must let the owner have it reconditioned or disposed of for lawful byproducts, if the owner requests it.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1.5. Produce Carrying Pesticide Residue [12501 - 12674] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1994, Ch. 545, Sec. 1. ) ## ARTICLE 5. Seizure [12601 - 12615] ( Article 5 enacted by Stats. 1967, Ch. 15. ) ## 12607. If the seized and held lot of produce is found to carry pesticide residue in excess of any maximum which is provided by this chapter or in excess of a permissible tolerance, the director shall, upon request of the owner, permit the lot of produce to be reconditioned or disposed of for byproducts purposes which may lawfully contain the pesticide residue found. (Amended by Stats. 1983, Ch. 717, Sec. 7.)
  142. 12608.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1.5. Produce Carrying Pesticide Residue [12501 - 12674] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1994, Ch. 545, Sec. 1. ) ## ARTICLE 5. Seizure [12601 - 12615] ( Article 5 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    If the owner or bailee asks to remove the produce for reconditioning or byproducts, the director must release it to the agricultural commissioner of a county chosen by the owner or bailee, but only if the commissioner says the needed facilities are available and will supervise the work.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1.5. Produce Carrying Pesticide Residue [12501 - 12674] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1994, Ch. 545, Sec. 1. ) ## ARTICLE 5. Seizure [12601 - 12615] ( Article 5 enacted by Stats. 1967, Ch. 15. ) ## 12608. Upon demand of the owner or bailee for permission to remove the produce for reconditioning or use for byproducts, the director shall release the produce to the custody of the agricultural commissioner of any county which is designated by the owner or bailee if the commissioner advises the director that facilities for reconditioning the produce or for converting it into byproducts are available in the county and that the commissioner will supervise the reconditioning or conversion into byproducts of the lot if it is released. (Enacted by Stats. 1967, Ch. 15.)
  143. 12608.5.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1.5. Produce Carrying Pesticide Residue [12501 - 12674] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1994, Ch. 545, Sec. 1. ) ## ARTICLE 5. Seizure [12601 - 12615] ( Article 5 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    If the owner or lawful possessor asks to remove the produce for processing, the director must release the produce to the State Director of Health Services.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1.5. Produce Carrying Pesticide Residue [12501 - 12674] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1994, Ch. 545, Sec. 1. ) ## ARTICLE 5. Seizure [12601 - 12615] ( Article 5 enacted by Stats. 1967, Ch. 15. ) ## 12608.5. Upon demand of the owner or person in rightful possession of the produce for permission to remove the produce destined for processing, the director shall release the produce to the custody of the State Director of Health Services. (Amended by Stats. 1986, Ch. 248, Sec. 46.)
  144. 12609.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1.5. Produce Carrying Pesticide Residue [12501 - 12674] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1994, Ch. 545, Sec. 1. ) ## ARTICLE 5. Seizure [12601 - 12615] ( Article 5 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Produce that has been reconditioned remains subject to this chapter until the director finally releases it under Section 12606.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1.5. Produce Carrying Pesticide Residue [12501 - 12674] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1994, Ch. 545, Sec. 1. ) ## ARTICLE 5. Seizure [12601 - 12615] ( Article 5 enacted by Stats. 1967, Ch. 15. ) ## 12609. The produce after reconditioning is subject to all the provisions of this chapter pending its final release by the director pursuant to Section 12606. (Enacted by Stats. 1967, Ch. 15.)
  145. 12610.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1.5. Produce Carrying Pesticide Residue [12501 - 12674] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1994, Ch. 545, Sec. 1. ) ## ARTICLE 5. Seizure [12601 - 12615] ( Article 5 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    If seized produce is found to have excess pesticide residue, the owner or bailee may appeal the examination result to the director in writing within three days after notice.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1.5. Produce Carrying Pesticide Residue [12501 - 12674] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1994, Ch. 545, Sec. 1. ) ## ARTICLE 5. Seizure [12601 - 12615] ( Article 5 enacted by Stats. 1967, Ch. 15. ) ## 12610. If the lot of produce which is seized and held is found to carry excess pesticide residue, the owner or bailee of the lot may appeal the result of the examination to the director by letter, telegram, or other writing, within three days of the notice to the owner or bailee which is provided for in Section 12604. (Amended by Stats. 1983, Ch. 717, Sec. 8.)
  146. 12611.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1.5. Produce Carrying Pesticide Residue [12501 - 12674] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1994, Ch. 545, Sec. 1. ) ## ARTICLE 5. Seizure [12601 - 12615] ( Article 5 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    If the owner or bailee appeals, the director must give reasonable notice and then take another sample and send it to the department’s headquarters laboratory in Sacramento for appeal chemical analysis.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1.5. Produce Carrying Pesticide Residue [12501 - 12674] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1994, Ch. 545, Sec. 1. ) ## ARTICLE 5. Seizure [12601 - 12615] ( Article 5 enacted by Stats. 1967, Ch. 15. ) ## 12611. Upon receipt of an appeal by the owner or bailee, the director shall, after reasonable notice to the owner, if known, or, if not known, to the bailee, take a further sample and submit it under an individual lot number to the headquarters laboratory of the department at Sacramento for an appeal chemical analysis. (Enacted by Stats. 1967, Ch. 15.)
  147. 12612.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1.5. Produce Carrying Pesticide Residue [12501 - 12674] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1994, Ch. 545, Sec. 1. ) ## ARTICLE 5. Seizure [12601 - 12615] ( Article 5 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director must allow the owner, or the owner’s representative, to be present when the sample is taken for appeal chemical analysis, and the owner or bailee must pay the sampling and analysis cost.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1.5. Produce Carrying Pesticide Residue [12501 - 12674] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1994, Ch. 545, Sec. 1. ) ## ARTICLE 5. Seizure [12601 - 12615] ( Article 5 enacted by Stats. 1967, Ch. 15. ) ## 12612. The director shall permit the owner to be present in person or by his representative at the taking of the sample to be submitted for the appeal chemical analysis. The cost of the sampling and analysis shall be at the expense of the owner or bailee. The findings from the appeal chemical analysis are binding on both parties. (Enacted by Stats. 1967, Ch. 15.)
  148. 12613.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1.5. Produce Carrying Pesticide Residue [12501 - 12674] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1994, Ch. 545, Sec. 1. ) ## ARTICLE 5. Seizure [12601 - 12615] ( Article 5 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    After a seizure, the director must let the owner or bailee move the produce to a suitable commercial cold storage warehouse if requested.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1.5. Produce Carrying Pesticide Residue [12501 - 12674] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1994, Ch. 545, Sec. 1. ) ## ARTICLE 5. Seizure [12601 - 12615] ( Article 5 enacted by Stats. 1967, Ch. 15. ) ## 12613. After seizure by the director pursuant to this chapter of any lot of produce upon which an appeal analysis is to be made, the director upon request shall permit the owner or bailee to move the produce to a specified commercial cold storage warehouse which is suited for preserving it against deterioration. The storage is subject, however, to the terms of any hold order or notice issued pursuant to this article. (Enacted by Stats. 1967, Ch. 15.)
  149. 12614.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1.5. Produce Carrying Pesticide Residue [12501 - 12674] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1994, Ch. 545, Sec. 1. ) ## ARTICLE 5. Seizure [12601 - 12615] ( Article 5 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    If the appeal analysis shows pesticide residue above a maximum or permissible tolerance, the produce lot may be disposed of under Sections 12607, 12608, and 12609.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1.5. Produce Carrying Pesticide Residue [12501 - 12674] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1994, Ch. 545, Sec. 1. ) ## ARTICLE 5. Seizure [12601 - 12615] ( Article 5 enacted by Stats. 1967, Ch. 15. ) ## 12614. If the appeal analysis shows that the lot of produce carries pesticide residue in excess of any maximum which is provided in this chapter or in excess of a permissible tolerance, the lot of produce may be disposed of pursuant to Sections 12607, 12608, and 12609. (Amended by Stats. 1983, Ch. 717, Sec. 9.)
  150. 12615.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1.5. Produce Carrying Pesticide Residue [12501 - 12674] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1994, Ch. 545, Sec. 1. ) ## ARTICLE 5. Seizure [12601 - 12615] ( Article 5 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    If appeal analysis shows the produce is not above the allowed pesticide residue limits, the director must promptly release the lot and remove any hold order or tag.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1.5. Produce Carrying Pesticide Residue [12501 - 12674] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1994, Ch. 545, Sec. 1. ) ## ARTICLE 5. Seizure [12601 - 12615] ( Article 5 enacted by Stats. 1967, Ch. 15. ) ## 12615. If the appeal analysis shows that the lot of produce does not carry pesticide residue in excess of any maximum which is provided by this chapter, or in excess of a permissible tolerance, the director shall forthwith release the lot from the seizure and remove the hold order or tag. (Amended by Stats. 1984, Ch. 193, Sec. 25.)
  151. 12641.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1.5. Produce Carrying Pesticide Residue [12501 - 12674] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1994, Ch. 545, Sec. 1. ) ## ARTICLE 6. Abatement as Public Nuisance [12641 - 12649] ( Article 6 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section defines “nuisance” for this article as the public nuisance specified in Section 12642.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1.5. Produce Carrying Pesticide Residue [12501 - 12674] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1994, Ch. 545, Sec. 1. ) ## ARTICLE 6. Abatement as Public Nuisance [12641 - 12649] ( Article 6 enacted by Stats. 1967, Ch. 15. ) ## 12641. As used in this article, “nuisance” means the public nuisance which is specified in Section 12642. (Enacted by Stats. 1967, Ch. 15.)
  152. 12642.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1.5. Produce Carrying Pesticide Residue [12501 - 12674] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1994, Ch. 545, Sec. 1. ) ## ARTICLE 6. Abatement as Public Nuisance [12641 - 12649] ( Article 6 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A lot of produce with pesticide residue above the chapter maximum or a permissible tolerance is a public nuisance.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1.5. Produce Carrying Pesticide Residue [12501 - 12674] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1994, Ch. 545, Sec. 1. ) ## ARTICLE 6. Abatement as Public Nuisance [12641 - 12649] ( Article 6 enacted by Stats. 1967, Ch. 15. ) ## 12642. Any lot of produce which is found to carry pesticide residue in excess of any maximum which is provided in this chapter, or in excess of a permissible tolerance, together with its containers, is a public nuisance, and if not disposed of pursuant to Article 5 (commencing with Section 12601) of this chapter, is subject to disposal on complaint of the director to a court of competent jurisdiction. (Amended by Stats. 1983, Ch. 717, Sec. 11.)
  153. 12643.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1.5. Produce Carrying Pesticide Residue [12501 - 12674] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1994, Ch. 545, Sec. 1. ) ## ARTICLE 6. Abatement as Public Nuisance [12641 - 12649] ( Article 6 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    At the director’s request, the county district attorney must bring a civil action to abate and prevent the nuisance.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1.5. Produce Carrying Pesticide Residue [12501 - 12674] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1994, Ch. 545, Sec. 1. ) ## ARTICLE 6. Abatement as Public Nuisance [12641 - 12649] ( Article 6 enacted by Stats. 1967, Ch. 15. ) ## 12643. The district attorney of the county in which the nuisance is found, at the request of the director, shall maintain, in the name of the people of the State of California, a civil action to abate and prevent the nuisance. (Amended by Stats. 1967, Ch. 26.)
  154. 12644.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1.5. Produce Carrying Pesticide Residue [12501 - 12674] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1994, Ch. 545, Sec. 1. ) ## ARTICLE 6. Abatement as Public Nuisance [12641 - 12649] ( Article 6 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    After a court judgment, the nuisance must be condemned and destroyed, denatured, processed, or released only under court-imposed conditions.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1.5. Produce Carrying Pesticide Residue [12501 - 12674] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1994, Ch. 545, Sec. 1. ) ## ARTICLE 6. Abatement as Public Nuisance [12641 - 12649] ( Article 6 enacted by Stats. 1967, Ch. 15. ) ## 12644. Upon judgment and by order of the court, the nuisance shall be condemned and destroyed in the manner directed by the court, or denatured or otherwise processed, or released upon such conditions as the court in its discretion may impose to insure that the nuisance shall be abated. (Enacted by Stats. 1967, Ch. 15.)
  155. 12645.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1.5. Produce Carrying Pesticide Residue [12501 - 12674] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1994, Ch. 545, Sec. 1. ) ## ARTICLE 6. Abatement as Public Nuisance [12641 - 12649] ( Article 6 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    If the owner does not comply with the court’s order on time, the court may order the produce or containers sold or disposed of, and may set the terms.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1.5. Produce Carrying Pesticide Residue [12501 - 12674] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1994, Ch. 545, Sec. 1. ) ## ARTICLE 6. Abatement as Public Nuisance [12641 - 12649] ( Article 6 enacted by Stats. 1967, Ch. 15. ) ## 12645. If the owner fails to comply with the order of the court within the time which is specified in the order, the court may order the disposal or sale of the produce or containers which are a nuisance, under the terms and conditions as the court may prescribe, by the director, or by the sheriff or marshal. (Amended by Stats. 1996, Ch. 872, Sec. 29. Effective January 1, 1997.)
  156. 12646.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1.5. Produce Carrying Pesticide Residue [12501 - 12674] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1994, Ch. 545, Sec. 1. ) ## ARTICLE 6. Abatement as Public Nuisance [12641 - 12649] ( Article 6 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    If a court orders salvaged produce or containers to be sold, disposal costs must be taken out of the sale proceeds before the remaining money is paid into court for the owner.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1.5. Produce Carrying Pesticide Residue [12501 - 12674] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1994, Ch. 545, Sec. 1. ) ## ARTICLE 6. Abatement as Public Nuisance [12641 - 12649] ( Article 6 enacted by Stats. 1967, Ch. 15. ) ## 12646. If the court orders the sale of any of the produce or containers which can be salvaged, the costs of disposal shall be deducted from the proceeds of sale and the balance paid into court for the owner. (Enacted by Stats. 1967, Ch. 15.)
  157. 12647.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1.5. Produce Carrying Pesticide Residue [12501 - 12674] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1994, Ch. 545, Sec. 1. ) ## ARTICLE 6. Abatement as Public Nuisance [12641 - 12649] ( Article 6 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A proceeding under this article is a limited civil case if the value of the property seized is $35,000 or less.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1.5. Produce Carrying Pesticide Residue [12501 - 12674] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1994, Ch. 545, Sec. 1. ) ## ARTICLE 6. Abatement as Public Nuisance [12641 - 12649] ( Article 6 enacted by Stats. 1967, Ch. 15. ) ## 12647. A proceeding pursuant to this article where the value of the property seized amounts to thirty-five thousand dollars ($35,000) or less is a limited civil case. (Amended by Stats. 2023, Ch. 861, Sec. 10. (SB 71) Effective January 1, 2024.)
  158. 12648.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1.5. Produce Carrying Pesticide Residue [12501 - 12674] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1994, Ch. 545, Sec. 1. ) ## ARTICLE 6. Abatement as Public Nuisance [12641 - 12649] ( Article 6 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    If produce, a plant, a crop, a commodity, or a site was treated with an unregistered pesticide, the director may seize it and must give notice, a hearing opportunity, and a written decision within the stated time limits.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1.5. Produce Carrying Pesticide Residue [12501 - 12674] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1994, Ch. 545, Sec. 1. ) ## ARTICLE 6. Abatement as Public Nuisance [12641 - 12649] ( Article 6 enacted by Stats. 1967, Ch. 15. ) ## 12648. (a) Notwithstanding any other provision of this code, a site within this state that has been treated with, or a plant, crop, or commodity, whether grown in this state or elsewhere, that has been treated with, or grown on a site treated with, a pesticide that is not registered for use on that plant, crop, commodity, or site is a public nuisance and may be seized by order of the director. (b) The unlawful treatment described in subdivision (a) creates, in favor of the director, rebuttable presumptions affecting the burden of producing evidence pursuant to Section 604 of the Evidence Code as follows: (1) That the treated plant, crop, commodity, or site, or any plant, crop, or commodity grown on the treated site, presents a hazard to human health or the environment. (2) That the pesticide was used to gain an unfair business advantage for the owner or person in possession or control of the plant, crop, commodity, or site. (c) The director shall provide notice to the owner or person in possession or control of the plant, crop, commodity, or site prior to seizure, unless the director has reason to believe that prior notice would result in the loss of control by the director of that plant, crop, commodity, or site, in which case notice shall be given as soon as practical, but in any event within five days of the seizure. The notice shall specify the grounds for the seizure and provide that the owner or person in possession or control, within 15 days of receipt of the notice, may request a hearing before the director to contest the seizure or rebut the presumptions specified in subdivision (b). The hearing shall be held not later than five days from the date the request of the owner or person is received by the director. The director shall render a written decision within five days of the hearing or within five days of the expiration of the time to request a hearing if no hearing was requested. The decision shall either release the plant, crop, commodity, or site from seizure or make any of the following orders: (1) Destruction of the plant, crop, or commodity. (2) Prohibition of harvest or sale of the plant, crop, or commodity grown on the site. (3) Prohibition of the use or planting of the site, which may be for the period of any plant back time specified for the pesticide used on the site. (4) Any other appropriate action or measure. (d) Review of the decision of the director may be sought by the owner or person in possession or control of the plant, crop, commodity, or site pursuant to Section 1094.5 of the Code of Civil Procedure. (Amended by Stats. 1997, Ch. 17, Sec. 42. Effective January 1, 1998.)
  159. 12648.5.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1.5. Produce Carrying Pesticide Residue [12501 - 12674] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1994, Ch. 545, Sec. 1. ) ## ARTICLE 6. Abatement as Public Nuisance [12641 - 12649] ( Article 6 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    An owner of a plant, crop, or commodity must not knowingly use or cause use of a pesticide that was stolen or illegally obtained. If a court finds an owner of a crop violated the section, the owner can be fined $10,000 plus half the crop’s value.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1.5. Produce Carrying Pesticide Residue [12501 - 12674] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1994, Ch. 545, Sec. 1. ) ## ARTICLE 6. Abatement as Public Nuisance [12641 - 12649] ( Article 6 enacted by Stats. 1967, Ch. 15. ) ## 12648.5. (a) It is unlawful for the owner of a plant, crop, or commodity to knowingly treat or apply to that plant, crop, or commodity, or cause that plant, crop, or commodity to be treated or applied, with a pesticide that was stolen or otherwise acquired by illegal means. (b) The owner of a crop, who is found by a court to have violated this section, in addition to any other penalties imposed by a court, shall be subject to a fine of ten thousand dollars ($10,000) plus an amount equal to one-half the value of the crop on which the illegally obtained pesticide was applied. (c) For purposes of this section, “one-half the value of the crop” means one-half the market value of the crop that was actually treated with the illegally obtained pesticide as determined by the actual sale of the crop or, if the crop is not actually sold, as determined by the director based on an average of the typical market value for such a crop sold in the normal channels of trade in the year in which the crop was produced and in the preceding two years. (d) Moneys received as a result of fines and penalties imposed pursuant to this section shall be divided and distributed as follows: (1) Fifty percent to the county in which the case was brought to court or in which a court-approved settlement of the matter was negotiated. (2) Twenty-five percent to the office of the county agricultural commissioner. (3) Twenty-five percent to the department. (Amended by Stats. 1996, Ch. 361, Sec. 24. Effective January 1, 1997.)
  160. 12648.6.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1.5. Produce Carrying Pesticide Residue [12501 - 12674] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1994, Ch. 545, Sec. 1. ) ## ARTICLE 6. Abatement as Public Nuisance [12641 - 12649] ( Article 6 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A licensed person who is found by a court to have knowingly sold, applied, or provided illegally obtained pesticides must have their license suspended for at least 18 months.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1.5. Produce Carrying Pesticide Residue [12501 - 12674] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1994, Ch. 545, Sec. 1. ) ## ARTICLE 6. Abatement as Public Nuisance [12641 - 12649] ( Article 6 enacted by Stats. 1967, Ch. 15. ) ## 12648.6. Any person who is licensed pursuant to this code and who is found by a court to have knowingly sold, applied, or provided pesticides that were stolen or otherwise obtained illegally, in addition to any other penalty that may be imposed, shall have his or her license or licenses suspended for a minimum of 18 months. (Amended by Stats. 1996, Ch. 361, Sec. 25. Effective January 1, 1997.)
  161. 12649.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1.5. Produce Carrying Pesticide Residue [12501 - 12674] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1994, Ch. 545, Sec. 1. ) ## ARTICLE 6. Abatement as Public Nuisance [12641 - 12649] ( Article 6 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director may ask a superior court to stop a violation or threatened violation of an order under Section 12648, and the court may also order specific performance to carry out that order.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1.5. Produce Carrying Pesticide Residue [12501 - 12674] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1994, Ch. 545, Sec. 1. ) ## ARTICLE 6. Abatement as Public Nuisance [12641 - 12649] ( Article 6 enacted by Stats. 1967, Ch. 15. ) ## 12649. The director may bring an action to enjoin the violation or the threatened violation of any order made pursuant to Section 12648 in the superior court in the county in which the order was issued or the violation has occurred or is threatening to occur. The court may enjoin the violation or threatened violation upon this showing and without evidence of irreparable injury. The court may compel specific performance of any acts or course of conduct necessary to implement any order made pursuant to Section 12648. (Added by Stats. 1988, Ch. 908, Sec. 3.)
  162. 12671.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1.5. Produce Carrying Pesticide Residue [12501 - 12674] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1994, Ch. 545, Sec. 1. ) ## ARTICLE 7. Violations [12671 - 12674] ( Article 7 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    It is unlawful to pack, ship, or sell produce if its pesticide residue exceeds the tolerance set by the director under this chapter.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1.5. Produce Carrying Pesticide Residue [12501 - 12674] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1994, Ch. 545, Sec. 1. ) ## ARTICLE 7. Violations [12671 - 12674] ( Article 7 enacted by Stats. 1967, Ch. 15. ) ## 12671. It is unlawful for any person to pack, ship, or sell any produce that carries pesticide residue in excess of the permissible tolerance which is established by the director pursuant to this chapter. (Amended by Stats. 1983, Ch. 717, Sec. 12.)
  163. 12672.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1.5. Produce Carrying Pesticide Residue [12501 - 12674] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1994, Ch. 545, Sec. 1. ) ## ARTICLE 7. Violations [12671 - 12674] ( Article 7 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director or commissioner may stop the harvest or seize produce if the pesticide preharvest interval has not been followed.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1.5. Produce Carrying Pesticide Residue [12501 - 12674] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1994, Ch. 545, Sec. 1. ) ## ARTICLE 7. Violations [12671 - 12674] ( Article 7 enacted by Stats. 1967, Ch. 15. ) ## 12672. The director or commissioner may prohibit the harvest of any produce or may seize and hold any lot of produce when a preharvest interval specified in the registered labeling of a pesticide applied to the produce has not been complied with. Except as provided in Section 12673, this harvest prohibition shall not extend beyond the expiration of the preharvest interval. Lots of produce so seized shall be held until the preharvest interval has expired and the director has determined that any pesticide residue is within a permissible tolerance. (Amended by Stats. 1990, Ch. 288, Sec. 3.)
  164. 12673.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1.5. Produce Carrying Pesticide Residue [12501 - 12674] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1994, Ch. 545, Sec. 1. ) ## ARTICLE 7. Violations [12671 - 12674] ( Article 7 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director or commissioner may stop the harvest of produce if its pesticide residue exceeds a permissible tolerance set by the director.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1.5. Produce Carrying Pesticide Residue [12501 - 12674] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1994, Ch. 545, Sec. 1. ) ## ARTICLE 7. Violations [12671 - 12674] ( Article 7 enacted by Stats. 1967, Ch. 15. ) ## 12673. The director or commissioner may prohibit the harvest of any produce that carries pesticide residue in excess of a permissible tolerance which is established by the director pursuant to this chapter. (Amended by Stats. 1983, Ch. 717, Sec. 13.)
  165. 12674.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1.5. Produce Carrying Pesticide Residue [12501 - 12674] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1994, Ch. 545, Sec. 1. ) ## ARTICLE 7. Violations [12671 - 12674] ( Article 7 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A person may not handle seized plants, crops, or commodities in specified ways unless doing so matches the director’s decision or the person has written permission from the director.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1.5. Produce Carrying Pesticide Residue [12501 - 12674] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1994, Ch. 545, Sec. 1. ) ## ARTICLE 7. Violations [12671 - 12674] ( Article 7 enacted by Stats. 1967, Ch. 15. ) ## 12674. It is unlawful for any person to harvest, pack, ship, sell, transport, destroy, or dispose of any plant, crop, or commodity which has been seized pursuant to Section 12648, except in accordance with the decision of the director issued pursuant to Section 12648, unless the person otherwise has received written permission from the director. (Added by Stats. 1988, Ch. 908, Sec. 4.)
  166. 12751.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Pesticides [12751 - 13192] ( Heading of Chapter 2 amended by Stats. 1996, Ch. 361, Sec. 26. ) ## ARTICLE 1. Definitions [12751 - 12759] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section says the article’s definitions control how this chapter is read, unless the context requires otherwise.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Pesticides [12751 - 13192] ( Heading of Chapter 2 amended by Stats. 1996, Ch. 361, Sec. 26. ) ## ARTICLE 1. Definitions [12751 - 12759] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 12751. Unless the context otherwise requires, the definitions in this article govern the construction of this chapter. (Enacted by Stats. 1967, Ch. 15.)
  167. 12752.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Pesticides [12751 - 13192] ( Heading of Chapter 2 amended by Stats. 1996, Ch. 361, Sec. 26. ) ## ARTICLE 1. Definitions [12751 - 12759] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    “Defoliating” includes killing or artificially accelerating the drying of plant tissues, with or without causing abscission.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Pesticides [12751 - 13192] ( Heading of Chapter 2 amended by Stats. 1996, Ch. 361, Sec. 26. ) ## ARTICLE 1. Definitions [12751 - 12759] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 12752. “Defoliating” includes killing or artifically accelerating the drying of plant tissues, with or without causing abscission. (Enacted by Stats. 1967, Ch. 15.)
  168. 12753.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Pesticides [12751 - 13192] ( Heading of Chapter 2 amended by Stats. 1996, Ch. 361, Sec. 26. ) ## ARTICLE 1. Definitions [12751 - 12759] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section defines “pesticide” to include spray adjuvants and certain substances or mixtures used to defoliate plants, regulate plant growth, or prevent, destroy, repel, or mitigate pests.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Pesticides [12751 - 13192] ( Heading of Chapter 2 amended by Stats. 1996, Ch. 361, Sec. 26. ) ## ARTICLE 1. Definitions [12751 - 12759] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 12753. “Pesticide” includes any of the following: (a) Any spray adjuvant. (b) Any substance, or mixture of substances which is intended to be used for defoliating plants, regulating plant growth, or for preventing, destroying, repelling, or mitigating any pest, as defined in Section 12754.5, which may infest or be detrimental to vegetation, man, animals, or households, or be present in any agricultural or nonagricultural environment whatsoever. (Amended by Stats. 1996, Ch. 361, Sec. 27. Effective January 1, 1997.)
  169. 12754.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Pesticides [12751 - 13192] ( Heading of Chapter 2 amended by Stats. 1996, Ch. 361, Sec. 26. ) ## ARTICLE 1. Definitions [12751 - 12759] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section defines “insect” for this chapter.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Pesticides [12751 - 13192] ( Heading of Chapter 2 amended by Stats. 1996, Ch. 361, Sec. 26. ) ## ARTICLE 1. Definitions [12751 - 12759] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 12754. “Insect” means any animal within the class of animals which are known as “Insecta” or any similar animal such as a centipede, spider, mite, tick, or louse. (Enacted by Stats. 1967, Ch. 15.)
  170. 12754.5.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Pesticides [12751 - 13192] ( Heading of Chapter 2 amended by Stats. 1996, Ch. 361, Sec. 26. ) ## ARTICLE 1. Definitions [12751 - 12759] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section defines “pest” for the code.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Pesticides [12751 - 13192] ( Heading of Chapter 2 amended by Stats. 1996, Ch. 361, Sec. 26. ) ## ARTICLE 1. Definitions [12751 - 12759] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 12754.5. “Pest” means any of the following that is, or is liable to become, dangerous or detrimental to the agricultural or nonagricultural environment of the state: (a) Any insect, predatory animal, rodent, nematode, or weed. (b) Any form of terrestrial, aquatic, or aerial plant or animal, virus, fungus, bacteria, or other microorganism (except viruses, fungi, bacteria, or other microorganisms on or in living man or other living animals). (c) Anything that the director, by regulation, declares to be a pest. (Added by Stats. 1988, Ch. 161, Sec. 2. Effective June 10, 1988. Note: See this section as modified on July 17, 1991, in Governor's Reorganization Plan No. 1 of 1991.)
  171. 12755.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Pesticides [12751 - 13192] ( Heading of Chapter 2 amended by Stats. 1996, Ch. 361, Sec. 26. ) ## ARTICLE 1. Definitions [12751 - 12759] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    “Registrant” means a person who has registered a pesticide and obtained a certificate of registration from the department.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Pesticides [12751 - 13192] ( Heading of Chapter 2 amended by Stats. 1996, Ch. 361, Sec. 26. ) ## ARTICLE 1. Definitions [12751 - 12759] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 12755. “Registrant” means a person that has registered a pesticide and has obtained a certificate of registration from the department. (Amended by Stats. 1996, Ch. 361, Sec. 28. Effective January 1, 1997.)
  172. 12756.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Pesticides [12751 - 13192] ( Heading of Chapter 2 amended by Stats. 1996, Ch. 361, Sec. 26. ) ## ARTICLE 1. Definitions [12751 - 12759] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section defines “regulating plant growth” and lists what it does and does not include.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Pesticides [12751 - 13192] ( Heading of Chapter 2 amended by Stats. 1996, Ch. 361, Sec. 26. ) ## ARTICLE 1. Definitions [12751 - 12759] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 12756. “Regulating plant growth” means the use of any substance or mixture of substances intended, through physiological action, for accelerating or retarding the rate of growth or rate of maturation, or for otherwise altering the behavior of plants or the produce thereof. However, it shall not include the use of substances to the extent that they are intended as plant nutrients, trace elements, nutritional chemicals, plant inoculants, and soil amendments. Also, “regulating plant growth” shall not be required to include at all the use of any of such of those nutriment mixtures or soil amendments as are commonly known as vitamin-hormone horticultural products, intended for improvement, maintenance, survival, health, and propagation of plants and are not for pest destruction and are nontoxic, nonpoisonous in the undiluted packaged concentration. (Repealed and added by Stats. 1974, Ch. 686.)
  173. 12757.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Pesticides [12751 - 13192] ( Heading of Chapter 2 amended by Stats. 1996, Ch. 361, Sec. 26. ) ## ARTICLE 1. Definitions [12751 - 12759] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section defines “rodent” to include all members of the order Rodentia, plus rabbits and hares.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Pesticides [12751 - 13192] ( Heading of Chapter 2 amended by Stats. 1996, Ch. 361, Sec. 26. ) ## ARTICLE 1. Definitions [12751 - 12759] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 12757. “Rodent” means all members of the order Rodentia and all rabbits and hares. (Enacted by Stats. 1967, Ch. 15.)
  174. 12757.5.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Pesticides [12751 - 13192] ( Heading of Chapter 2 amended by Stats. 1996, Ch. 361, Sec. 26. ) ## ARTICLE 1. Definitions [12751 - 12759] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A “service container” is a container used to hold, store, or transport a pesticide or its use-dilution, but not the original labeled container supplied by the registrant.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Pesticides [12751 - 13192] ( Heading of Chapter 2 amended by Stats. 1996, Ch. 361, Sec. 26. ) ## ARTICLE 1. Definitions [12751 - 12759] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 12757.5. “Service container” means any container, other than the original labeled container of a registered pesticide provided by the registrant, that is utilized to hold, store, or transport the pesticide or the use-dilution of the pesticide. (Amended by Stats. 1996, Ch. 361, Sec. 29. Effective January 1, 1997.)
  175. 12758.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Pesticides [12751 - 13192] ( Heading of Chapter 2 amended by Stats. 1996, Ch. 361, Sec. 26. ) ## ARTICLE 1. Definitions [12751 - 12759] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section defines “spray adjuvant” as certain agents used with another pesticide to help its application or effect, and sold separately from that pesticide.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Pesticides [12751 - 13192] ( Heading of Chapter 2 amended by Stats. 1996, Ch. 361, Sec. 26. ) ## ARTICLE 1. Definitions [12751 - 12759] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 12758. “Spray adjuvant” means any wetting agent, spreading agent, deposit builder, adhesive, emulsifying agent, deflocculating agent, water modifier, or similar agent, with or without toxic properties of its own, which is intended to be used with another pesticide as an aid to the application or effect of the other pesticide, and sold in a package that is separate from that of the pesticide other than a spray adjuvant with which it is to be used. (Amended by Stats. 1996, Ch. 361, Sec. 30. Effective January 1, 1997.)
  176. 12758.5.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Pesticides [12751 - 13192] ( Heading of Chapter 2 amended by Stats. 1996, Ch. 361, Sec. 26. ) ## ARTICLE 1. Definitions [12751 - 12759] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    “Use-dilution” means a dilution on the label or labeling that produces the pesticide concentration for a particular purpose or effect.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Pesticides [12751 - 13192] ( Heading of Chapter 2 amended by Stats. 1996, Ch. 361, Sec. 26. ) ## ARTICLE 1. Definitions [12751 - 12759] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 12758.5. “Use-dilution” means a dilution specified on the label or labeling that produces the concentration of the pesticide for a particular purpose or effect. (Amended by Stats. 1996, Ch. 361, Sec. 31. Effective January 1, 1997.)
  177. 12759.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Pesticides [12751 - 13192] ( Heading of Chapter 2 amended by Stats. 1996, Ch. 361, Sec. 26. ) ## ARTICLE 1. Definitions [12751 - 12759] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section defines “weed” as any plant that grows where it is not wanted.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Pesticides [12751 - 13192] ( Heading of Chapter 2 amended by Stats. 1996, Ch. 361, Sec. 26. ) ## ARTICLE 1. Definitions [12751 - 12759] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 12759. “Weed” means any plant which grows where not wanted. (Enacted by Stats. 1967, Ch. 15.)
  178. 12781.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Pesticides [12751 - 13192] ( Heading of Chapter 2 amended by Stats. 1996, Ch. 361, Sec. 26. ) ## ARTICLE 2. General Provisions [12781 - 12784] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director may adopt regulations that are reasonably necessary to carry out this chapter.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Pesticides [12751 - 13192] ( Heading of Chapter 2 amended by Stats. 1996, Ch. 361, Sec. 26. ) ## ARTICLE 2. General Provisions [12781 - 12784] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 12781. The director may adopt regulations which are reasonably necessary to carry out this chapter. (Enacted by Stats. 1967, Ch. 15.)
  179. 12782.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Pesticides [12751 - 13192] ( Heading of Chapter 2 amended by Stats. 1996, Ch. 361, Sec. 26. ) ## ARTICLE 2. General Provisions [12781 - 12784] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director must mail each registrant a copy of regulations adopted under this chapter promptly after promulgation.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Pesticides [12751 - 13192] ( Heading of Chapter 2 amended by Stats. 1996, Ch. 361, Sec. 26. ) ## ARTICLE 2. General Provisions [12781 - 12784] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 12782. A copy of the regulations which are adopted by the director pursuant to this chapter shall be mailed to each registrant promptly upon promulgation of the regulation. The failure to receive such copy is no defense to a violation of any regulation. (Enacted by Stats. 1967, Ch. 15.)
  180. 12783.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Pesticides [12751 - 13192] ( Heading of Chapter 2 amended by Stats. 1996, Ch. 361, Sec. 26. ) ## ARTICLE 2. General Provisions [12781 - 12784] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    People responsible for enforcing or executing this chapter must not have a direct or indirect interest in the sale, manufacture, or distribution of any pesticide.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Pesticides [12751 - 13192] ( Heading of Chapter 2 amended by Stats. 1996, Ch. 361, Sec. 26. ) ## ARTICLE 2. General Provisions [12781 - 12784] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 12783. Any person who is charged with the enforcement or execution of this chapter shall not be directly or indirectly interested in the sale, manufacture, or distribution of any pesticide. (Amended by Stats. 1996, Ch. 361, Sec. 32. Effective January 1, 1997.)
  181. 12784.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Pesticides [12751 - 13192] ( Heading of Chapter 2 amended by Stats. 1996, Ch. 361, Sec. 26. ) ## ARTICLE 2. General Provisions [12781 - 12784] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Money received by the director under this chapter must be paid into the State Treasury for the Department of Pesticide Regulation Fund.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Pesticides [12751 - 13192] ( Heading of Chapter 2 amended by Stats. 1996, Ch. 361, Sec. 26. ) ## ARTICLE 2. General Provisions [12781 - 12784] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 12784. Any money that is received by the director pursuant to this chapter shall be paid into the State Treasury to the credit of the Department of Pesticide Regulation Fund. Registration fees and assessments received pursuant to this chapter shall be expended only for the administration and enforcement of Chapter 2 (commencing with Section 12751), Chapter 3 (commencing with Section 14001), and Chapter 3.5 (commencing with Section 14101) of Division 7. (Amended by Stats. 1997, Ch. 695, Sec. 17. Effective January 1, 1998.)
  182. 12786.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Pesticides [12751 - 13192] ( Heading of Chapter 2 amended by Stats. 1996, Ch. 361, Sec. 26. ) ## ARTICLE 2.5. Agricultural Pest Control Research [12786 - 12798.6] ( Article 2.5 added by Stats. 1984, Ch. 1593, Sec. 1. )

    Verify source ↗

    The Legislature states findings about the importance of California’s agricultural economy, developing alternatives to existing pesticides, and controlling pest infestations.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Pesticides [12751 - 13192] ( Heading of Chapter 2 amended by Stats. 1996, Ch. 361, Sec. 26. ) ## ARTICLE 2.5. Agricultural Pest Control Research [12786 - 12798.6] ( Article 2.5 added by Stats. 1984, Ch. 1593, Sec. 1. ) ## 12786. The Legislature hereby finds and declares all of the following: (a) The continued viability of the agricultural economy is of paramount importance to the people of California. (b) The development of alternatives to existing pesticides available for the control of pests is prudent, and the development of alternatives to pesticides is important for the protection of the public health and safety. (c) The ability of the state to control, detect, exclude, and eradicate pest infestations is necessary to continue the preeminent position of this state as the leading farm state and is essential for the continuing supply of foodstuffs. (Amended by Stats. 1990, Ch. 1129, Sec. 4.)
  183. 12790.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Pesticides [12751 - 13192] ( Heading of Chapter 2 amended by Stats. 1996, Ch. 361, Sec. 26. ) ## ARTICLE 2.5. Agricultural Pest Control Research [12786 - 12798.6] ( Article 2.5 added by Stats. 1984, Ch. 1593, Sec. 1. )

    Verify source ↗

    Any person, organization, institution, or governmental agency may submit research proposals to the committee if the proposals are consistent with the purposes of this article.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Pesticides [12751 - 13192] ( Heading of Chapter 2 amended by Stats. 1996, Ch. 361, Sec. 26. ) ## ARTICLE 2.5. Agricultural Pest Control Research [12786 - 12798.6] ( Article 2.5 added by Stats. 1984, Ch. 1593, Sec. 1. ) ## 12790. Proposals for research consistent with the purposes of this article may be submitted to the committee by any person, organization, institution, or governmental agency. (Added by Stats. 1984, Ch. 1593, Sec. 1.)
  184. 12794.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Pesticides [12751 - 13192] ( Heading of Chapter 2 amended by Stats. 1996, Ch. 361, Sec. 26. ) ## ARTICLE 2.5. Agricultural Pest Control Research [12786 - 12798.6] ( Article 2.5 added by Stats. 1984, Ch. 1593, Sec. 1. )

    Verify source ↗

    Members of the research and screening committees must serve without compensation, and they may be reimbursed for necessary expenses only if those expenses were incurred in performing their duties and approved by the secretary.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Pesticides [12751 - 13192] ( Heading of Chapter 2 amended by Stats. 1996, Ch. 361, Sec. 26. ) ## ARTICLE 2.5. Agricultural Pest Control Research [12786 - 12798.6] ( Article 2.5 added by Stats. 1984, Ch. 1593, Sec. 1. ) ## 12794. Members of the research and screening committees shall serve without compensation, but shall be reimbursed for all necessary expenses incurred in the performance of their duties and approved by the secretary. (Amended by Stats. 1994, Ch. 545, Sec. 3.5. Effective January 1, 1995.)
  185. 12797.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Pesticides [12751 - 13192] ( Heading of Chapter 2 amended by Stats. 1996, Ch. 361, Sec. 26. ) ## ARTICLE 2.5. Agricultural Pest Control Research [12786 - 12798.6] ( Article 2.5 added by Stats. 1984, Ch. 1593, Sec. 1. )

    Verify source ↗

    The secretary must maintain a pesticide-residue testing research program if funding is available, may consult listed experts and agencies, and must focus review on harder-to-detect residue testing methods.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Pesticides [12751 - 13192] ( Heading of Chapter 2 amended by Stats. 1996, Ch. 361, Sec. 26. ) ## ARTICLE 2.5. Agricultural Pest Control Research [12786 - 12798.6] ( Article 2.5 added by Stats. 1984, Ch. 1593, Sec. 1. ) ## 12797. To the extent that funding is available, the secretary shall maintain a program to develop new methods and modify existing methods for testing produce for the presence of pesticide residues. The secretary may consult with representatives of the federal Food and Drug Administration, the State Department of Health Services, the Department of Pesticide Regulation, public and private institutions of higher education, other laboratories, or any other entity he or she deems appropriate. The secretary shall focus his or her review on analytical methods for pesticide residues that are not detectable on existing multiple-residue screens, and on pesticide residue detection methods that the secretary deems are difficult to accurately identify and quantify due to time, equipment, or expense. (Amended by Stats. 1994, Ch. 545, Sec. 4. Effective January 1, 1995.)
  186. 12798.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Pesticides [12751 - 13192] ( Heading of Chapter 2 amended by Stats. 1996, Ch. 361, Sec. 26. ) ## ARTICLE 2.5. Agricultural Pest Control Research [12786 - 12798.6] ( Article 2.5 added by Stats. 1984, Ch. 1593, Sec. 1. )

    Verify source ↗

    The department must run a competitive grant program for pest management research, and the secretary must create a committee to award the funds.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Pesticides [12751 - 13192] ( Heading of Chapter 2 amended by Stats. 1996, Ch. 361, Sec. 26. ) ## ARTICLE 2.5. Agricultural Pest Control Research [12786 - 12798.6] ( Article 2.5 added by Stats. 1984, Ch. 1593, Sec. 1. ) ## 12798. (a) The department shall establish a competitive grants program to make funds available to qualified public and private entities to conduct pest management research projects. All of the research related to pest management funded by the department shall be administered pursuant to this program. (b) Research conducted pursuant to this section shall have the further development of alternative pest management practices and methods and the further development of pest exclusion detection and eradication methods as priorities. Before making research awards, the department shall assess existing research activities and developments in integrated pest management, alternatives to pesticides, and other alternative pest management practices and methods, including, but not limited to, cultural, biological, and biotechnological research. (c) (1) The secretary shall establish a Pest Management Research Committee, which shall award all funds under the competitive grants program. (2) The primary objective of the committee is the further development of pest prevention activities and alternative pest management practices, techniques, and methods that exclude serious pests, as determined by the committee, detect and quickly eliminate small infestations of foreign pests, and reduce pesticide use, minimize or eliminate pesticide residues, or result in the use of safer pesticides. In achieving that objective, the committee shall encourage the development and use of biological controls, integrated pest management, biotechnology, cultural, pest prevention, and other alternative pest management methods that are environmentally sound and economically viable. (3) The committee shall consist of the following 12 persons, who shall serve at the pleasure of the secretary: (A) The Secretary of Food and Agriculture or their designee, who shall serve as chairperson. (B) The President of the University of California or their designee. (C) The Chancellor of the California State University or their designee. (D) Two members who represent the agricultural community, one of whom is an experienced organic farmer and one of whom is knowledgeable and experienced in alternative pest management techniques. (E) Two members who represent pest management researchers, one of whom represents California’s public and private colleges and universities and one of whom represents California’s independent research community, both of whom are knowledgeable in pest prevention, control, eradication, and pest management. (F) One member who represents public interest organizations, qualified in environmental or public health, or both, and knowledgeable in alternative pest management techniques. (G) One member who represents the Office of Environmental Health Hazard Assessment, with experience in public health or toxicology. (H) One member who represents county agricultural commissioners, knowledgeable and experienced in alternative pest management techniques and pest prevention, control, and eradication. (I) One member who represents the Department of Pesticide Regulation, with experience in pest management systems. (J) One member who represents the State Department of Public Health, with experience in public health. (4) The committee shall award funds based upon a competitive application process that meets the eligibility of fulfilling, and has the ability to fulfill, the objectives of this section. (5) The approval of research proposals shall be made by a majority vote of the membership of the committee. (d) For any proposals funded pursuant to this section, the department shall require reasonable accountability, including performance standards, periodic reports, deadlines, and payments conditioned on compliance with performance standards and deadlines. (e) Funding for second and subsequent years of a multiyear award shall be contingent upon satisfactory completion by the grantee of the prior year grant objectives or deliverables, as determined by the committee. (f) In order to facilitate the use of pest management practices and methods developed pursuant to this section, the secretary shall cooperate with qualified public and private entities to provide outreach consultation, information dissemination, and educational services to the agricultural community and other interested parties. (Amended by Stats. 2024, Ch. 60, Sec. 8. (AB 2113) Effective July 2, 2024.)
  187. 12798.6.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Pesticides [12751 - 13192] ( Heading of Chapter 2 amended by Stats. 1996, Ch. 361, Sec. 26. ) ## ARTICLE 2.5. Agricultural Pest Control Research [12786 - 12798.6] ( Article 2.5 added by Stats. 1984, Ch. 1593, Sec. 1. )

    Verify source ↗

    The secretary must create a Pest Science and Technology Screening Committee. The committee must review exotic pest research proposals, evaluate them, meet when asked by the secretary, and recommend which proposals should be funded.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Pesticides [12751 - 13192] ( Heading of Chapter 2 amended by Stats. 1996, Ch. 361, Sec. 26. ) ## ARTICLE 2.5. Agricultural Pest Control Research [12786 - 12798.6] ( Article 2.5 added by Stats. 1984, Ch. 1593, Sec. 1. ) ## 12798.6. The secretary shall establish a Pest Science and Technology Screening Committee, which shall function as a scientific peer review committee on exotic pest research proposals submitted pursuant to Section 12798. The screening committee shall conduct and provide a thorough evaluation of the scientific merit, environmental soundness, and economic viability of each proposal. The committee shall meet at the request of the secretary and after reviewing all current proposals shall make recommendations to the Pest Management Research Committee established pursuant to Section 12798 as to which proposals should be funded. The committee shall consist of the following members: (a) Five members who represent California’s public and private colleges and universities or private research community, each of whom possesses a degree in entomology, plant pathology, or environmental studies, and who are knowledgeable, technically qualified, and experienced in exotic pest biology and pest exclusion, detection, and eradication research. (b) One member who represents the department, with experience in pest prevention. (c) One member who represents the Office of Environmental Health Hazard Assessment, with experience in public health or toxicology. (d) One member who represents the State Department of Health Services, with experience in public health. (Amended by Stats. 1994, Ch. 545, Sec. 7. Effective January 1, 1995.)
  188. 12801.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Pesticides [12751 - 13192] ( Heading of Chapter 2 amended by Stats. 1996, Ch. 361, Sec. 26. ) ## ARTICLE 3. Exemptions [12801 - 12804] ( Article 3 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This chapter does not apply to certain preparations, drugs, chemicals, or commercial feed.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Pesticides [12751 - 13192] ( Heading of Chapter 2 amended by Stats. 1996, Ch. 361, Sec. 26. ) ## ARTICLE 3. Exemptions [12801 - 12804] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 12801. This chapter does not apply to any preparation, drug, or chemical which is intended to be used or sold solely for medicinal or cosmetic use by humans or to commercial feed as defined in Section 14925. (Amended by Stats. 1979, Ch. 732.)
  189. 12802.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Pesticides [12751 - 13192] ( Heading of Chapter 2 amended by Stats. 1996, Ch. 361, Sec. 26. ) ## ARTICLE 3. Exemptions [12801 - 12804] ( Article 3 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A person may mix or dilute a registered pesticide for personal use or use in their own business if they follow the pesticide’s registered labeling, and they do not need to become a registrant for that purpose.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Pesticides [12751 - 13192] ( Heading of Chapter 2 amended by Stats. 1996, Ch. 361, Sec. 26. ) ## ARTICLE 3. Exemptions [12801 - 12804] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 12802. A person may mix or dilute any registered pesticide in accordance with its registered labeling for his or her own use or for use in his or her own business without having become a registrant pursuant to this chapter. (Amended by Stats. 1996, Ch. 361, Sec. 33. Effective January 1, 1997.)
  190. 12803.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Pesticides [12751 - 13192] ( Heading of Chapter 2 amended by Stats. 1996, Ch. 361, Sec. 26. ) ## ARTICLE 3. Exemptions [12801 - 12804] ( Article 3 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director may exempt certain pesticides from some or all requirements of this division if federal exemption conditions are met and public health or environmental protections are preserved.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Pesticides [12751 - 13192] ( Heading of Chapter 2 amended by Stats. 1996, Ch. 361, Sec. 26. ) ## ARTICLE 3. Exemptions [12801 - 12804] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 12803. The director, by regulation, may exempt from all or part of the requirements of this division a pesticide exempted pursuant to Section 25(b) of the federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. Sec. 136w (b)) as a pesticide that is determined to be of a character unnecessary to be subject to that act, if both of the following apply: (a) The director individually evaluates each listed substance exempted pursuant to the federal authority and concurs in the decision by the United States Environmental Protection Agency Administrator to exempt that substance. (b) The director excludes from the exempting regulation those specific requirements of this division that may otherwise be applicable that are necessary to protect the public health or the environment. Notwithstanding any other provision of law, the director shall retain authority to regulate any substance exempted pursuant to this section whether registered or not. (Amended by Stats. 1998, Ch. 485, Sec. 79. Effective January 1, 1999.)
  191. 12804.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Pesticides [12751 - 13192] ( Heading of Chapter 2 amended by Stats. 1996, Ch. 361, Sec. 26. ) ## ARTICLE 3. Exemptions [12801 - 12804] ( Article 3 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director may exempt certain qualified liquid chemical sterilant products from some or all pesticide division requirements, and may still regulate any substance exempted under this section.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Pesticides [12751 - 13192] ( Heading of Chapter 2 amended by Stats. 1996, Ch. 361, Sec. 26. ) ## ARTICLE 3. Exemptions [12801 - 12804] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 12804. (a) The director, by regulation, may exempt from all or part of the requirements of this division a liquid chemical sterilant product for use on a critical or semi-critical medical device that is exempt from the federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. Sec. 136 et seq.) pursuant to subdivision (u) of Section 2 of that act (7 U.S.C. Sec. 136 (u)), and that has obtained clearance from the federal Food and Drug Administration under subdivision (k) of Section 510 of the federal Food, Drug, and Cosmetic Act (21 U.S.C. Sec. 306 (k)) if both of the following apply: (1) The product does not include ethylene oxide as an active ingredient. (2) The director excludes from the exempting regulation requirements to report pesticide-related illnesses, to collect information and data concerning pesticide-related illnesses, and to transmit that information and data to the appropriate agency or entity for inspection or followup, and other specific requirements of this division that may otherwise be applicable and that are necessary to protect the public health or the environment. Notwithstanding any other provision of law, the director shall retain the authority to regulate any substance exempted pursuant to this section whether registered or not. (b) On or before July 1, 1998, the director may adopt the regulations authorized under subdivision (a) as emergency regulations. In adopting those regulations as emergency regulations, the director is not required to make the finding required by subdivision (b) of Section 11346.1 of the Government Code. (Added by Stats. 1997, Ch. 530, Sec. 1. Effective January 1, 1998.)
  192. 12811.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Pesticides [12751 - 13192] ( Heading of Chapter 2 amended by Stats. 1996, Ch. 361, Sec. 26. ) ## ARTICLE 4. Registration [12811 - 12840] ( Heading of Article 4 amended by Stats. 1984, Ch. 717, Sec. 4. )

    Verify source ↗

    Manufacturers, importers, and dealers in pesticides must get a registration certificate from the department before offering the pesticide for sale.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Pesticides [12751 - 13192] ( Heading of Chapter 2 amended by Stats. 1996, Ch. 361, Sec. 26. ) ## ARTICLE 4. Registration [12811 - 12840] ( Heading of Article 4 amended by Stats. 1984, Ch. 717, Sec. 4. ) ## 12811. Every manufacturer of, importer of, or dealer in any pesticide, except a person that sells any raw material to a manufacturer of any pesticide or a dealer or agent that sells any pesticide that has been registered by the manufacturer or wholesaler, shall obtain a certificate of registration from the department before the pesticide is offered for sale. (Amended by Stats. 1996, Ch. 361, Sec. 34. Effective January 1, 1997.)
  193. 12811.2.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Pesticides [12751 - 13192] ( Heading of Chapter 2 amended by Stats. 1996, Ch. 361, Sec. 26. ) ## ARTICLE 4. Registration [12811 - 12840] ( Heading of Article 4 amended by Stats. 1984, Ch. 717, Sec. 4. )

    Verify source ↗

    The department must publish annual reports on pesticide registration processing times and include specific breakdowns about how long applications take at each stage.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Pesticides [12751 - 13192] ( Heading of Chapter 2 amended by Stats. 1996, Ch. 361, Sec. 26. ) ## ARTICLE 4. Registration [12811 - 12840] ( Heading of Article 4 amended by Stats. 1984, Ch. 717, Sec. 4. ) ## 12811.2. (a) On or before May 1, 2025, and annually thereafter, until May 2, 2028, the department shall annually report the average processing times to review and evaluate, and issue final decisions on, applications to register new pesticide products or amend existing pesticide product registrations for the prior calendar year, and post this information on its internet website. The report shall include the number of days, on average, that it took to complete an application and the number of days, on average, that an application spent in intake and in each stage of scientific evaluation. (b) On or before May 1, 2029, and annually thereafter, the department shall report the average processing times for the applications described in subdivision (a) for the prior calendar year and post this information on its internet website. This information shall include all of the following: (1) The number of applications by registration category that were completed within the timeframes specified pursuant to subdivision (a) of Section 12839. This number shall be reported based on nonagricultural, agricultural, and dual use products. (2) The number of applications that exceeded the timeframes specified in each of subdivision (a), (d), or (e) of Section 12839. This number shall be reported for each respective subdivision based on nonagricultural, agricultural, and dual use products. (3) The number of days applications spent, on average, in intake and at each stage of scientific evaluation. (Amended by Stats. 2025, Ch. 67, Sec. 76. (AB 1170) Effective January 1, 2026.)
  194. 12811.5.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Pesticides [12751 - 13192] ( Heading of Chapter 2 amended by Stats. 1996, Ch. 361, Sec. 26. ) ## ARTICLE 4. Registration [12811 - 12840] ( Heading of Article 4 amended by Stats. 1984, Ch. 717, Sec. 4. )

    Verify source ↗

    This section lets the director rely on previously submitted pesticide data, but applicants may have to get permission, use authorized sources, or offer cost sharing when relying on another entity’s data.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Pesticides [12751 - 13192] ( Heading of Chapter 2 amended by Stats. 1996, Ch. 361, Sec. 26. ) ## ARTICLE 4. Registration [12811 - 12840] ( Heading of Article 4 amended by Stats. 1984, Ch. 717, Sec. 4. ) ## 12811.5. The director may rely on any evaluations of previously submitted data to determine whether to accept an application for registration of a new pesticide product, an amendment to the registration of a registered pesticide product, or to maintain the registration of a registered pesticide product regardless of the ownership of the data previously evaluated, if the previously submitted data fulfills current data requirements. However, effective January 1, 2006, applicants will be subject to the following provisions: (a) (1) If an applicant for registration of a pesticide product, or an amendment to the registration of a registered pesticide product, including a registrant that desires to maintain its registration of a registered pesticide product after the director makes a formal request for additional data pursuant to reevaluation or Section 12824, does not submit its own data to fulfill a current data requirement imposed by the director and relies on data that the applicant does not own or have written permission to rely on that was submitted to the director by another entity after January 1, 1991, and meets the three criteria set forth in this subdivision, the applicant shall either: (A) obtain written permission from the data owner to rely on the data; (B) formulate or obtain its product from a source that has data authorization from the data owner, or a source that complies with subdivision (c); or (C) if the data meets the criteria set forth in subparagraphs (A), (B), and (C) of paragraph (2), irrevocably offer to pay the data owner a share of the cost of producing the data and comply with subdivision (d). The director may rely on data submitted before January 1, 1991, or that does not meet the criteria set forth in subparagraphs (A), (B), and (C) of paragraph (2) to support any application or comply with any formal reevaluation request for additional data, without permission from the data owner. An offer to pay, and a payment pursuant to that offer, shall only be required as to data not submitted by the applicant that meets the criteria set forth in subparagraphs (A), (B), and (C) of paragraph (2). (2) To be eligible for cost sharing pursuant to this subdivision, the data shall meet all of the following requirements: (A) The data was required by the director in order to obtain, amend, or maintain the data owner’s California registration or registrations for uses covered by the application, amendment, or formal request for additional data pursuant to reevaluation or Section 12824. (B) There has been no arbitration award, data compensation, or data cost-sharing agreement pertaining to data supporting the product at the federal level pursuant to Section 3(c)(1)(F)(iii) or 3(c)(2)(B) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. Sec. 136a(c)(1)(F)(iii) or 136a(c)(2)(B)), or, if an award or agreement exists, the use of data in California was excluded from compensation or cost sharing on its face. (C) The data that fulfills a current requirement was submitted to the United States Environmental Protection Agency or the department no more than 15 years before the date of the applicant’s California registration, application, or amendment or the formal reevaluation request for additional data to which the registrant’s reliance responds, provided that as to data submitted to the department as of August 1, 2005, in support of the first registration of a product, the applicable period shall be 17 years from the date of submission to the United States Environmental Protection Agency. (b) If the director previously imposed a specific documented data requirement after January 1, 1991, to obtain, amend, or maintain the California registration of a pesticide product substantially similar to the applicant’s product and that data requirement is not currently imposed in California for registration, amendment, or maintenance of the applicant’s product, the applicant is further obligated to submit data to meet the requirement, obtain written permission from an owner of the data to rely on the data, formulate or obtain its product from a source that has authorization from the data owner to rely on the data or from a source that complies with subdivision (c), or, if the data meets the criteria set forth in paragraphs (1), (2), and (3), irrevocably offer to pay the data owner a share in the cost of producing the data and comply with subdivision (c). An offer to pay, and a payment pursuant to that offer, shall only be required as to data not submitted by the applicant that meets the criteria set forth in paragraphs (1), (2), and (3). To be eligible for cost sharing pursuant to this subdivision, the data shall meet all of the following requirements: (1) The data met a specific, documented requirement of the director to obtain, amend, or maintain the California registration of the data owner’s pesticide product for a use covered by the applicant’s application or amendment. (2) There has been no arbitration award, data compensation, or data cost-sharing agreement pertaining to data supporting the product at the federal level pursuant to Section 3(c)(1)(F)(iii) or 3(c)(2)(B) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. Sec. 136a(c)(1)(F)(iii) or 136a(c)(2)(B)), or, if an award or agreement exists, the use of the data in California was excluded from compensation or cost sharing on its face. (3) The data was submitted to the United States Environmental Protection Agency or Department of Pesticide Regulation by the data owner after January 1, 1991, and no more than 15 years before the date of the applicant’s California application for registration or amendment or the response to a formal specific document data requirement to which the registrant’s reliance responds, provided that as to data submitted to the department as of August 1, 2005, in support of the first registration of a product, the applicable period shall be 17 years from the date of submission to the United States Environmental Protection Agency. (c) An applicant may formulate its product from a source that does not have data authorization if that source has submitted data to support the product or makes or has made an irrevocable offer to pay the data owner a share of the cost of producing the data required pursuant to subdivision (a) or (b) for the applicant’s product and complies with or has made payment in accordance with subdivision (d). If the source has already reached a data compensation or cost-sharing agreement or there has been an arbitration award under the Federal Insecticide, Fungicide, and Rodenticide Act (commencing with 7 U.S.C. Sec. 136) that excludes the right to rely on the data to satisfy the California requirement on its face, the source shall make or have made a new irrevocable offer to pay a share of the cost of producing that data to support the applicant’s product in California and comply with subdivision (d). (d) (1) If an applicant is required to offer to pay a share in the cost of producing the data pursuant to subdivision (a) or (b), or if a source of product makes an offer pursuant to subdivision (c), the applicant or source shall submit to the data owner upon application to the department an irrevocable offer to pay the data owner a share in the cost of producing the data and to comply with regulations promulgated under this subdivision to determine the amount and terms, if the parties cannot agree. If a data owner for which cost sharing is required under subdivision (a) or (b) cannot be identified from information readily available to the applicant, the applicant’s obligation under subdivision (a) or (b) will be absolved if the data owner does not identify themselves to the applicant within 12 months after registration of the pesticide product. If within 12 months of registration, the data owner identifies themselves to the applicant and the applicant has not already made an irrevocable offer to pay to the data owner, or the applicant’s source of product has not made an offer pursuant to subdivision (c), the applicant shall do so promptly. In either event, the specific terms and amount of payments to be made shall be fixed by agreement between the applicant and the data owner, but determination of those amounts and terms shall not delay approval of the applicant’s application. (2) If agreement cannot be reached about the terms and amount of payment required by this section at any time more than 90 days after issuance of an irrevocable offer to pay, either the applicant, source, or data owner may initiate, or with the consent of all parties, join a proceeding under the Federal Insecticide, Fungicide, and Rodenticide Act (commencing with 7 U.S.C. Sec. 136), pursuant to regulations promulgated by the director pursuant to this section. The purpose of this proceeding shall be to determine the amount due under this section. The director shall promulgate those regulations as emergency regulations within 60 days of the enactment of the bill that enacts this section. The regulations shall provide all of the following: (A) Allow the proceeding authorized by this subdivision, upon mutual agreement of the parties, to be consolidated with dispute resolution under the Federal Insecticide, Fungicide, and Rodenticide Act (commencing with 7 U.S.C. Sec. 136). (B) Require that the decisionmaker consider, among other factors, that the data owner’s exclusive right to sell the pesticide resulted in the data owner recovering all or part of the costs of generating the data. (C) Require that the parties to the proceeding share equally in the payment of the expenses thereof. (e) If a data owner fails to participate in a procedure for reaching an agreement or in a proceeding as required by subdivision (d), or fails to comply with the terms of an agreement or decision conducted under subdivision (d), then that data owner forfeits their right to cost recovery as a result of the use of the data at issue. (f) If the director finds that an applicant has failed to make an offer to pay as required under subdivision (a) or (b), or if its source of product has failed to make an offer pursuant to subdivision (c), or if an applicant or its source of product has failed to participate in a proceeding for reaching an agreement, has refused to participate in a proceeding pursuant to subdivision (d), or has failed to comply with an agreement or to comply with an order, or to pay an award resulting from that proceeding, the director shall cancel the registration of the pesticide product in support of which the data was used in accordance with subdivision (g), notwithstanding Section 12825. (g) If the applicant subject to subdivision (a) or (b) fails to comply with this article, the data owner shall notify the director of the specific provision of noncompliance and provide proof of notification to the applicant of its claim of noncompliance. All parties shall have 30 days from the date of receipt of notification by the director to submit written evidence or arguments to the director regarding the claim and any defenses thereto. The director shall provide a written finding within 60 days of the deadline for submission as to the claim and the resulting consequences. (h) A hearing or live testimony shall not be conducted under subdivision (g) and this proceeding shall not be used as mechanism to prevent or delay the registration or payment for cost sharing as determined by this article. The finding of the director shall be final and conclusive, except that any party aggrieved by such a finding may seek review within 30 days of the finding pursuant to Section 1094.5 of the Code of Civil Procedure. (i) In lieu of seeking a determination by the director and cancellation of the registration pursuant to subdivision (f), the data owner may bring an action in any California court of competent jurisdiction against the applicant to enforce the obligations of that party set forth in this section. (j) Cost sharing as provided in subdivisions (a), (b), and (c) shall not be required to support an application for annual renewal of a pesticide product registration, provided this provision shall not authorize renewal of a product registered before the effective date of this section if that registration is declared to have been unlawfully issued by a court of competent jurisdiction. (k) The Department of Pesticide Regulation shall make available in the public domain its index of data submitted in support of registration applications, the ownership of that data, and the date it was submitted to California. (Amended by Stats. 2024, Ch. 60, Sec. 10. (AB 2113) Effective July 2, 2024.)
  195. 12812.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Pesticides [12751 - 13192] ( Heading of Chapter 2 amended by Stats. 1996, Ch. 361, Sec. 26. ) ## ARTICLE 4. Registration [12811 - 12840] ( Heading of Article 4 amended by Stats. 1984, Ch. 717, Sec. 4. )

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    The director must set registration fees by regulation for the department’s pesticide registration program, and the department must post and email notice by January 31 if it might raise those fees that year.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Pesticides [12751 - 13192] ( Heading of Chapter 2 amended by Stats. 1996, Ch. 361, Sec. 26. ) ## ARTICLE 4. Registration [12811 - 12840] ( Heading of Article 4 amended by Stats. 1984, Ch. 717, Sec. 4. ) ## 12812. (a) The director shall establish, by regulation, fees for the department’s registration program, as established pursuant to this division. The fees shall include, but are not limited to, the following: (1) Annual fees for each product submitted for registration. (2) Penalties for the late payment of registration fees. (3) Fees for amendments to registered products. (b) The fees established pursuant to this section may include costs for administration and overhead in connection with administering the fees. (c) The fees established pursuant to this section shall be set so that the total revenue collected each fiscal year is sufficient to support the expenditure levels for the registration program contained in the annual Budget Act. (d) Funds collected pursuant to this section shall be deposited into the Department of Pesticide Regulation Fund, and shall be available for expenditure by the department, upon appropriation by the Legislature, for purposes of carrying out the department’s pesticide registration program, as established pursuant to this division. (e) The regulations adopted pursuant to this section, or any amendment or readoption thereto, shall be adopted by the director in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. However, the adoption, amendment, readoption, or repeal of these regulations shall be considered by the Office of Administrative Law as an emergency, and necessary for the immediate preservation of the public peace, health, safety, and general welfare. Notwithstanding any other law, the regulations shall remain in effect until amended by the director. (f) On or before January 31 of each year, if the department determines that it might increase the fees established pursuant to this section during the calendar year, the department shall post the determination on its internet website and send the determination through any of its relevant, registration-related email lists. (Amended by Stats. 2024, Ch. 60, Sec. 11. (AB 2113) Effective July 2, 2024.)
  196. 12814.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Pesticides [12751 - 13192] ( Heading of Chapter 2 amended by Stats. 1996, Ch. 361, Sec. 26. ) ## ARTICLE 4. Registration [12811 - 12840] ( Heading of Article 4 amended by Stats. 1984, Ch. 717, Sec. 4. )

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    County, state, or federal officers or employees who sell pesticide at cost do not have to pay fees imposed by this chapter.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Pesticides [12751 - 13192] ( Heading of Chapter 2 amended by Stats. 1996, Ch. 361, Sec. 26. ) ## ARTICLE 4. Registration [12811 - 12840] ( Heading of Article 4 amended by Stats. 1984, Ch. 717, Sec. 4. ) ## 12814. Any county, state, or federal officer or employee who sells any pesticide at cost is not required to pay any fee that is imposed by this chapter. (Amended by Stats. 1996, Ch. 361, Sec. 35. Effective January 1, 1997.)
  197. 12815.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Pesticides [12751 - 13192] ( Heading of Chapter 2 amended by Stats. 1996, Ch. 361, Sec. 26. ) ## ARTICLE 4. Registration [12811 - 12840] ( Heading of Article 4 amended by Stats. 1984, Ch. 717, Sec. 4. )

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    If a pesticide registration applicant has complied with the chapter and its regulations, the director must register the pesticide and issue a certificate of registration.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Pesticides [12751 - 13192] ( Heading of Chapter 2 amended by Stats. 1996, Ch. 361, Sec. 26. ) ## ARTICLE 4. Registration [12811 - 12840] ( Heading of Article 4 amended by Stats. 1984, Ch. 717, Sec. 4. ) ## 12815. If a manufacturer, importer, or dealer in pesticides that applies for registration of pesticides has complied with this chapter and the regulations that are adopted pursuant to it, the director shall register each pesticide that is sought to be registered and issue a certificate of registration to the applicant that authorizes the manufacture and sale of the pesticide in this state. (Amended by Stats. 1997, Ch. 17, Sec. 43. Effective January 1, 1998.)
  198. 12816.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Pesticides [12751 - 13192] ( Heading of Chapter 2 amended by Stats. 1996, Ch. 361, Sec. 26. ) ## ARTICLE 4. Registration [12811 - 12840] ( Heading of Article 4 amended by Stats. 1984, Ch. 717, Sec. 4. )

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    If the director finds registration cannot be allowed because of noncompliance, the director may give reasonable notice and call a hearing to decide whether the application should be reconsidered or denied.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Pesticides [12751 - 13192] ( Heading of Chapter 2 amended by Stats. 1996, Ch. 361, Sec. 26. ) ## ARTICLE 4. Registration [12811 - 12840] ( Heading of Article 4 amended by Stats. 1984, Ch. 717, Sec. 4. ) ## 12816. If the director finds that registration cannot be permitted due to noncompliance with this chapter or the regulations which are adopted pursuant to it, he or she may, after reasonable notice, call a hearing for the purpose of determining whether the application shall be reconsidered or denied. (Amended by Stats. 1984, Ch. 717, Sec. 7.)
  199. 12817.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Pesticides [12751 - 13192] ( Heading of Chapter 2 amended by Stats. 1996, Ch. 361, Sec. 26. ) ## ARTICLE 4. Registration [12811 - 12840] ( Heading of Article 4 amended by Stats. 1984, Ch. 717, Sec. 4. )

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    Registrations expire on December 31 each year unless renewal is applied for within one month after that date.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Pesticides [12751 - 13192] ( Heading of Chapter 2 amended by Stats. 1996, Ch. 361, Sec. 26. ) ## ARTICLE 4. Registration [12811 - 12840] ( Heading of Article 4 amended by Stats. 1984, Ch. 717, Sec. 4. ) ## 12817. Every registration expires on December 31st of each year except when renewal is applied for within one month thereafter in the manner which is provided for registration. (Amended by Stats. 1984, Ch. 717, Sec. 8.)
  200. 12818.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Pesticides [12751 - 13192] ( Heading of Chapter 2 amended by Stats. 1996, Ch. 361, Sec. 26. ) ## ARTICLE 4. Registration [12811 - 12840] ( Heading of Article 4 amended by Stats. 1984, Ch. 717, Sec. 4. )

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    If registration renewal is not filed within one calendar month after a registration expires, a penalty is added to the registration fee.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Pesticides [12751 - 13192] ( Heading of Chapter 2 amended by Stats. 1996, Ch. 361, Sec. 26. ) ## ARTICLE 4. Registration [12811 - 12840] ( Heading of Article 4 amended by Stats. 1984, Ch. 717, Sec. 4. ) ## 12818. If renewal is not applied for within one calendar month after the expiration of a registration, a penalty as prescribed by the director pursuant to Section 12812 shall be added to the registration fee. (Amended by Stats. 2003, Ch. 741, Sec. 64. Effective January 1, 2004.)

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