Food and Agricultural Code — Part 3 | FAC — United States — California law | Esheria

Food and Agricultural Code

Part 3 of 48 · provisions 401–600

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

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  1. 12819.

    ## 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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    A penalty may not be collected if the renewal applicant swears that no business was done during the nonregistration period.

    ## 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. ) ## 12819. A penalty shall not be collected if the person that makes application for renewal of registration makes an affidavit that no business was done during the period of nonregistration. (Amended by Stats. 1984, Ch. 717, Sec. 10.)
  2. 12820.

    ## 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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    Paying a renewal fee or penalty does not stop a prosecution for doing business without proper registry.

    ## 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. ) ## 12820. The payment of any renewal fee or penalty is not a bar to any prosecution for doing business without proper registry. (Enacted by Stats. 1967, Ch. 15.)
  3. 12821.

    ## 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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    Applicants for a certificate of registration must file detailed pesticide information, and the director may require the complete formula when necessary.

    ## 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. ) ## 12821. Each applicant for a certificate of registration shall also file a statement of every brand, trademark, and kind of pesticide that the applicant intends to manufacture or sell, the correct name and percentage of each active ingredient in the pesticide, and the total percentage of inert ingredients that are contained in the pesticide. The director, whenever he or she deems it necessary for the effective administration of this chapter, may require the submission of the complete formula for the pesticide. (Amended by Stats. 1996, Ch. 361, Sec. 37. Effective January 1, 1997.)
  4. 12822.

    ## 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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    A supplemental application to register an additional pesticide may be submitted at any time, and the Section 12818 penalty does not have to be paid for 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 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. ) ## 12822. A supplemental application for registration of any additional pesticide may be submitted at any time without payment of the penalty required by Section 12818. (Amended by Stats. 1996, Ch. 361, Sec. 38. Effective January 1, 1997.)
  5. 12823.

    ## 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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    A change in an inert ingredient’s name or percentage does not count as a pesticide composition change requiring a new registration, unless it changes the pesticide’s use or application.

    ## 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. ) ## 12823. A change in the name or percentage, or both, of an inert ingredient is not a change in composition of the pesticide that requires a new registration unless the change in inert material results in a change in the use or application of the pesticide. (Amended by Stats. 1996, Ch. 361, Sec. 39. Effective January 1, 1997.)
  6. 12824.

    ## 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 work to remove harmful, useless, or misrepresented pesticides from use and keep evaluating registered pesticides. Registrants or applicants must provide requested data, and the director and department may set evaluation criteria and testing 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 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. ) ## 12824. (a) The director shall endeavor to eliminate from use in the state any pesticide that endangers the agricultural or nonagricultural environment, is not beneficial for the purposes for which it is sold, or is misrepresented. In carrying out this responsibility, the director shall develop an orderly program for the continuous evaluation of all pesticides actually registered. (b) Before a substance is registered as a pesticide for the first time, there shall be a thorough and timely evaluation in accordance with this section. Appropriate restrictions may be placed on its use, including, but not limited to, limitations on quantity, area, and manner of application. All pesticides for which renewal of registration is sought also shall be evaluated in accordance with this section. (c) The director may establish specific criteria to evaluate a pesticide with regard to the factors listed in Section 12825. The department may establish performance standards and tests that are to be conducted or financed, or both conducted and financed, by the registrants, applicants for registration, or parties interested in the registration of those pesticides. (d) Each pesticide registrant or applicant shall, upon request of the director, submit any data determined by the director to be necessary to carry out this section. (Amended by Stats. 2024, Ch. 60, Sec. 12. (AB 2113) Effective July 2, 2024.)
  7. 12824.5.

    ## 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. )

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    The department must regularly identify and reevaluate pesticides, adopt mitigation measures when needed, report its work online, and meet several specified deadlines.

    ## 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. ) ## 12824.5. (a) (1) On or before July 1, 2025, and annually thereafter, until July 2, 2029, the department shall annually identify and initiate the reevaluation of potential adverse effects of at least one pesticide in addition to those already under reevaluation. (2) On or before July 1, 2029, and each year thereafter, the department shall annually identify and initiate the reevaluation of potential adverse effects of at least two pesticides in addition to those already under reevaluation. (b) (1) If the department identifies potential adverse effects of a pesticide pursuant to subdivision (a), the department shall adopt any necessary mitigation measures within 24 months. (2) If the department is unable to adopt mitigation measures within 24 months, the director shall set forth the reasons this requirement has not been met in the report described in subdivision (c), and include an updated projected timeline for adopting mitigation measures, which shall not exceed an additional 6 months. (c) The department shall annually report on, and post on its internet website, its actions to identify and evaluate potential adverse effects of pesticides, and to develop mitigation measures to address those effects. The report and internet website posting shall include, but not be limited to, a list of pesticides under risk assessment, reevaluation, or mitigation development, and shall provide the current status and projected timelines associated with each of those actions and all other applicable reporting requirements in this chapter. (d) The department, on or before July 1, 2026, shall identify actions to improve the efficiency of its internal processes for reevaluating pesticides. The goal of these actions shall be to complete new reevaluations within five years of their initiation. If the department identifies any regulatory or statutory changes that would improve the efficiency of the reevaluation process, the director shall notify the respective policy and fiscal committees of the Legislature of those changes on or before July 1, 2026. (e) The department, on or before January 1, 2025, shall post on its internet website an estimated completion time for the pesticides that the department has under reevaluation as of January 1, 2024. (Added by Stats. 2024, Ch. 60, Sec. 13. (AB 2113) Effective July 2, 2024.)
  8. 12825.

    ## 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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    After a hearing, the director may cancel or refuse to register a pesticide if specified 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 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. ) ## 12825. (a) Pursuant to Section 12824, the director, after a hearing, may cancel the registration of, or refuse to register, a pesticide if any of the following conditions apply: (1) The pesticide has significant adverse environmental effects for which there is no feasible mitigation available. (2) The use of the pesticide is of less public value or greater detriment to the environment than the benefit received by its use. (3) There is a reasonable, effective, and practicable alternate material or procedure for the pesticide that is demonstrably less destructive to the environment. (4) The pesticide, when properly used, is detrimental to vegetation, except weeds, to domestic animals, or to the public health and safety. (5) The pesticide is of little or no value for the purpose for which it is intended. (6) The registrant or their agent makes or implies a false or misleading statement concerning the pesticide, either verbally or in writing, or in the form of any advertising literature, for the purpose of meeting any registration requirement under this division, or that is otherwise related in any way to the pesticide. (7) The director determines that the registrant has failed to report an adverse effect or risk for the pesticide as required by Section 12825.5. (8) The director determines that the registrant has failed to comply with the requirements of a reevaluation or to submit the data required as part of the reevaluation of the registrant’s product or pursuant to Section 12824. (9) The pesticide is required to be registered pursuant to the federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. Sec. 136 et seq.) and is not so registered. (b) In making a determination pursuant to this section, the director may require those practical demonstrations that are necessary to determine the facts. (Amended by Stats. 2024, Ch. 60, Sec. 14. (AB 2113) Effective July 2, 2024.)
  9. 12825.5.

    ## 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. )

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    A pesticide registrant must timely submit to the director any new factual or scientific evidence of adverse effects or risks that has not already been submitted to 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 4. Registration [12811 - 12840] ( Heading of Article 4 amended by Stats. 1984, Ch. 717, Sec. 4. ) ## 12825.5. (a) If, during the registration process or at any time after the registration of a pesticide, the registrant has factual or scientific evidence of any adverse effect or risk of the pesticide to human health, livestock, crops, or the environment that has not been previously submitted to the department, the registrant shall submit the evidence to the director in a timely manner. All such information, including, but not limited to, that information required under Section 6 (a) (2) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. Sec. 136d (a) (2)), shall be submitted to the director. (b) The director may adopt regulations that are reasonably necessary to carry out this section. (Amended by Stats. 1996, Ch. 361, Sec. 42. Effective January 1, 1997.)
  10. 12826.

    ## 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 may suspend a registered pesticide’s registration after notice to the registrant if the listed conditions in Section 12825 apply and the pesticide poses an immediate substantial danger to people or the environment.

    ## 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. ) ## 12826. If the director has reason to believe that any of the conditions stated in Section 12825 are applicable to any registered pesticide and that the use or continued use of that pesticide constitutes an immediate substantial danger to persons or to the environment, the director, after notice to the registrant, may suspend the registration of that pesticide pending a hearing and final decision. If an accusation pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code is not filed within 10 days from the date of the notice, the suspension shall be terminated. (Amended by Stats. 1996, Ch. 361, Sec. 43. Effective January 1, 1997.)
  11. 12827.

    ## 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 may cancel a certificate of registration or refuse certification to a pesticide manufacturer, importer, or dealer that repeatedly violates the chapter or the director’s regulations.

    ## 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. ) ## 12827. The director may cancel a certificate of registration, or, refuse to issue certification to any manufacturer, importer, or dealer in any pesticide that repeatedly violates any of the provisions of this chapter or the regulations of the director. The proceedings 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. The director has all the powers that are granted therein. (Amended by Stats. 1996, Ch. 361, Sec. 44. Effective January 1, 1997.)
  12. 12827.5.

    ## 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. )

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    If the director cancels or refuses to register a pesticide that is already registered by the EPA, the director must give the applicant or registrant the basis for that decision and the reasons for disagreeing with the EPA.

    ## 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. ) ## 12827.5. Whenever the director cancels the registration of, or refuses to register, any pesticide currently registered by the United States Environmental Protection Agency, the director shall provide the applicant or registrant with the basis for the decision and the reasons why a conclusion different from, contrary to, or inconsistent with, the conclusion and findings of the United States Environmental Protection Agency was reached. (Amended by Stats. 1996, Ch. 361, Sec. 45. Effective January 1, 1997.)
  13. 12828.

    ## 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’s action under Sections 12824 to 12827 is not required before someone can start an action to prosecute a violation of the 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. ) ## 12828. Action by the director pursuant to Sections 12824, 12825, 12826, or 12827 is not a condition precedent to the institution of any action to prosecute a violation of the chapter. (Added by Stats. 1969, Ch. 1169.)
  14. 12828.5.

    ## 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. )

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    A registrant may ask to cancel pesticide registration in writing, and the request must waive any hearing right.

    ## 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. ) ## 12828.5. (a) A registrant at any time may request that the registration of any of its pesticides be voluntarily canceled. The request shall be in writing and shall include a waiver of the registrant’s right to a hearing on the cancellation. (b) The director shall mail a notice of cancellation of registration of the pesticides to the registrant. The notice shall specify the effective date of the cancellation. (c) The pesticides for which the registration is canceled may be sold and possessed as if the product’s registration was not renewed unless the director determines that protection of human health or the environment require otherwise, in which case the cancellation notice shall specify the conditions under which the product may be sold or possessed after cancellation of its registration. (Amended by Stats. 1996, Ch. 361, Sec. 46. Effective January 1, 1997.)
  15. 12829.

    ## 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 certain pesticide testing produce must be destroyed, the research authorization holder must pay the commissioner’s actual investigation-and-confirmation costs, capped at $125 per testsite.

    ## 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. ) ## 12829. If a person has a research authorization for a pesticide issued pursuant to Section 6260 of Title 3 of the California Code of Regulations for the purpose of testing the pesticide, and the produce on which the pesticide was tested is required to be destroyed, any actual costs incurred by the commissioner to investigate and confirm the destruction of the produce shall be paid for by the person who has the research authorization. The costs charged by the commissioner shall not exceed one hundred twenty-five dollars ($125) per testsite. The board of supervisors of each county may adopt a fee schedule to cover the commissioner’s costs under this section. (Amended by Stats. 1996, Ch. 361, Sec. 47. Effective January 1, 1997.)
  16. 12832.

    ## 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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    Seed crops grown for seed production are treated as nonfood/nonfeed sites for pesticide registration only if specified handling, labeling, and use restrictions 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 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. ) ## 12832. (a) Notwithstanding any other provision of this chapter, alfalfa and all vegetable crops, when grown for seed production, with the exception of corn, beans, pumpkin, and peas, shall be considered a nonfood and nonfeed site of pesticide use for the purpose of pesticide registration. In order to be determined to be a nonfood or nonfeed site for the purposes of this section, the following conditions shall be met: (1) All seed screenings shall be disposed of in such a way that they cannot be distributed or used for food or feed. The seed conditioner shall keep records of screenings disposal for three years from the date of disposal and shall furnish the records to the director upon request. Disposal records shall consist of documentation from a controlled waste disposal site, incinerator, cogeneration plant, composting facility, or other equivalent disposal site. (2) No portion of the seed plant, including, but not limited to, green chop, hay, pellets, meal, whole seed, cracked seed, or seed screenings shall be used or distributed for food or feed purposes. (3) All seed crops grown on a nonfood or nonfeed site in this state, or conditioned in this state, shall bear a tag or container label that forbids the use of the seed for human consumption or animal feed. (4) No seed grown on a nonfood or nonfeed site in this state, or conditioned in this state, may be distributed for human consumption or animal feed. (b) Nothing in this section prevents the department from imposing conditions for alfalfa seed sites in addition to those contained in this section, or from rescinding any current label requirements for pesticides approved for alfalfa seed production. (c) Nothing in this section exempts the department from reviewing worker safety evaluations with regard to the use of pesticides involving crops specified in subdivision (a). (d) A violation of any condition specified in subdivision (a) by the person responsible for the use of the pesticide is a violation of this chapter, and is subject to the civil and criminal penalties and injunctive relief provisions specified in Article 12 (commencing with Section 12996). A violation of any condition specified in subdivision (a) by the person responsible for the disposition of seed screenings is a violation of Chapter 6 (commencing with Section 14901) and is subject to enforcement by the Department of Food and Agriculture. (Amended by Stats. 1996, Ch. 361, Sec. 48. Effective January 1, 1997.)
  17. 12833.

    ## 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 director may issue an emergency pesticide registration certificate if specified conditions are met, must set use limits, and must revoke the certificate if certain risk or federal-registration events occur.

    ## 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. ) ## 12833. (a) Notwithstanding any other provision of this chapter, the director may issue a certificate of emergency registration for a pesticide if all of the following conditions are met: (1) The pesticide is currently registered by the United States Environmental Protection Agency pursuant to Section 3 of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. Sec. 136a) for the use specified in subparagraph (B) of paragraph (5). (2) The active ingredient of the pesticide was previously registered under Section 18 of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. Sec. 136p) in order to respond to an emergency pest control problem. (3) The applicant demonstrates to the department that the pesticide qualifies for registration pursuant to Section 12815 and the department determines that it is probable that the pesticide will receive registration pursuant to this division within one year. (4) The applicant for emergency registration submits to the director all data required for registration pursuant to this division and the regulations adopted pursuant to this division. (5) The director makes both of the following findings based on substantial evidence: (A) The use of the pesticide during the period of emergency registration will not pose a potential significant risk to public health or safety or to the environment. In making this finding, the director shall review the risks associated with the use of the pesticide and determine if those risks are significant given the limitations that will be imposed on the use of the pesticide during the emergency registration period. (B) The emergency registration of the pesticide is necessary in order to effectively respond to an emergency pest control problem. For purposes of this subparagraph, an emergency pest control problem shall be deemed to exist if the director finds that a pest infestation is present in the state for which no feasible pest control method is available that is a reasonable alternative to the use of the pesticide for which the emergency registration is requested. In making a determination pursuant to this subparagraph, the director shall identify the pest infestation that is the subject of the emergency, describe the pest control methods that have been demonstrated as ineffective against the infestation or that are otherwise not reasonable alternatives, and summarize the evidence that demonstrates that the pesticide for which emergency registration has been requested is efficacious against the pest infestation. (b) At the same time as the director issues a certificate of emergency registration for a pesticide pursuant to this section, the director shall establish limitations on the use of the pesticide that the director determines are necessary to prevent a potential significant risk to human health or safety or the environment. The director shall limit the use of any pesticide granted a certificate of emergency registration to the control of the emergency pest infestation described in subparagraph (B) of paragraph (5) of subdivision (a). (c) A certificate of emergency registration may be issued for a period not to exceed one year and may be renewed one time only. (d) A certificate of emergency registration may not be renewed unless the director does all of the following: (1) Publishes a notice that an application for renewal of the certificate of emergency registration has been received. (2) Makes all of the following findings: (A) That the findings made by the director in support of the certificate of emergency registration pursuant to paragraph (5) of subdivision (a) remain valid. (B) That there are no indications that the pesticide, when used in accordance with applicable label instructions and the limitations established pursuant to subdivision (b), poses a significant risk to worker safety and health. The director shall base this finding on a review of the data required for registration pursuant to this division, experience with the use of the pesticide during the period the certificate of emergency registration was in effect, and any other information the director has required the applicant to submit or received from the applicant or any other person. (C) That the failure to complete the registration of the pesticide during the period the certificate of emergency registration was in effect is due to circumstances that were not under the control of the applicant, and that the data required for registration pursuant to this division is complete and meets all of the requirements of this division and the regulations adopted pursuant to this division. (3) Convenes a workshop, if one is requested by any interested or aggrieved person, concerning the reasons for the renewal of the certificate of emergency registration. The director shall review information and comments provided by persons who attend the workshop and take that information and those comments into account in determining if the certificate of emergency registration may be renewed. (e) The director shall immediately revoke any certificate of emergency registration issued pursuant to this section if either of the following occurs: (1) The United States Environmental Protection Agency suspends or cancels the registration of the pesticide or the particular use of the active ingredient in the pesticide that allows it to be used in the emergency pest infestation described in subparagraph (B) of paragraph (5) of subdivision (a). (2) The director determines during a subsequent review of data required for registration pursuant to this division that the use of the pesticide will pose a potential significant risk to the public health or safety or to the environment. (Amended by Stats. 1996, Ch. 361, Sec. 49. Effective January 1, 1997.)
  18. 12836.

    ## 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 director must create an expedited pesticide registration program by January 1, 1999 for certain EPA-classified pesticides, and must review qualifying applications at the same time as EPA review.

    ## 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. ) ## 12836. (a) The director, by January 1, 1999, shall implement a program for the expedited registration of or for the expedited amendment of the registration of any pesticide classified by the United States Environmental Protection Agency as a “public health pesticide” or “antimicrobial pesticide” and that is determined by the director to have human health protection benefits that warrant eligibility for expedited processing. Nothing in this section limits the director’s authority to provide expedited registration for any other pesticide product. (b) For the purposes of this section, “expedited registration” and “expedited amendment of the registration” mean that the director shall review an application for registration or for amendment of a registration concurrently in time with the review conducted by the United States Environmental Protection Agency. This section shall not be construed to require or authorize modification of any guidelines, protocols, or standards applicable to the review of an application for registration. (Added by Stats. 1997, Ch. 428, Sec. 1. Effective January 1, 1998.)
  19. 12836.5.

    ## 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 ↗

    The director must accept registration applications for pesticide products with a new active ingredient at the same time as the application to the U.S. Environmental Protection Agency, and the registration application must include all data and information required 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. ) ## 12836.5. The director shall accept applications for registration of pesticide products containing a new active ingredient concurrently with the application to the United States Environmental Protection Agency. The application for registration must include all data and information that meet the requirements of this chapter. (Added by Stats. 2005, Ch. 612, Sec. 7. Effective January 1, 2006.)
  20. 12836.6.

    ## 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 4. Registration [12811 - 12840] ( Heading of Article 4 amended by Stats. 1984, Ch. 717, Sec. 4. )

    Verify source ↗

    The director must study certain data-sharing agreements and high-hazard pesticide sales, with help from the Legislative Analyst, and submit a report to the Legislature by December 31, 2008.

    ## 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. ) ## 12836.6. The director shall, with the assistance of the Legislative Analyst, conduct a study to consider more carefully the consequences of data-sharing agreements required under Section 12811.5 and the volume of high-hazard pesticides sold in California. The report shall be submitted to the Legislature no later than December 31, 2008. (Amended by Stats. 2006, Ch. 93, Sec. 2. Effective January 1, 2007.)
  21. 12837.

    ## 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 director may waive submission or review of efficacy data for an antimicrobial pesticide product if specified findings are met, and may still request studies, documents, or testing.

    ## 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. ) ## 12837. (a) The director may waive the submission or review, or both, of efficacy data developed by a registrant as a prerequisite for registration for any antimicrobial pesticide product if all of the following conditions have been met with respect to each antimicrobial pesticide product: (1) The director finds that the United States Environmental Protection Agency’s guidelines, protocols, and standards of review in existence at the time the product was reviewed by the United States Environmental Protection Agency are consistent with, and no less stringent than, California guidelines, protocols, and standards and generally accepted scientific practices. (2) The director finds that, with respect to the particular antimicrobial pesticide product reviewed under this section, the United States Environmental Protection Agency actually implemented the guidelines, protocols, and standards of review for which the director made the required finding pursuant to paragraph (1). In making this finding, the director may request any relevant studies or documentation from the registrant. (b) Nothing in this section shall be construed as a limitation on the director to request or to review any efficacy data or studies or to subject any product to testing, at any time. (Added by Stats. 1997, Ch. 428, Sec. 2. Effective January 1, 1998.)
  22. 12838.

    ## 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 department must issue neonicotinoid reevaluations, risk assessments, and control measures on specified deadlines, and people generally may not sell, possess, or use certain neonicotinoid pesticides for excluded nonagricultural outdoor uses after January 1, 2025.

    ## 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. ) ## 12838. (a) On or before July 1, 2018, the department shall issue a determination with respect to its reevaluation of neonicotinoids. (b) (1) Within two years after making the determination specified in subdivision (a), the department shall adopt any control measures necessary to protect pollinator health. (2) If the department is unable to adopt the necessary control measures within two years as required in paragraph (1), the department shall submit a report to the appropriate committees of the Legislature setting forth the reasons the requirement of paragraph (1) has not been met. (3) The department shall update the report submitted to the appropriate committees of the Legislature pursuant to paragraph (2) every year until the department adopts the necessary control measures specified in paragraph (1). (c) (1) For purposes of this subdivision, the following definitions apply: (A) “Cumulative impacts of exposure” means the collective impact of exposure to two or more neonicotinoid pesticides. (B) “Neonicotinoid pesticide” means a pesticide containing acetamiprid, clothianidin, dinotefuran, imidacloprid, thiamethoxam, or any other chemical designated by the department as belonging to the neonicotinoid class of chemicals. (2) Beginning January 1, 2025, a person shall not sell, possess, or use a pesticide containing one or more neonicotinoid pesticides for any use that is excluded from the definition of “agricultural use” in Section 11408 on nonproduction outdoor ornamental plants, trees, or turf, with the exception of use and possession by state certified applicators and sale by state licensed pest control dealers. (3) The department shall evaluate, at a minimum, the potential impacts of the neonicotinoid pesticide uses described in paragraph (2) on pollinating insects, aquatic organisms, and human health, taking into account relevant routes of exposure, as follows: (A) On or before January 1, 2024, the department shall issue a draft human health risk assessment of imidacloprid. (B) On or before July 1, 2024, the department shall initiate a reevaluation of neonicotinoid pesticides relative to pollinating insects, aquatic organisms, and human health, taking into account relevant routes of exposure. (C) On or before January 1, 2025, the department shall issue a final human health risk assessment for imidacloprid. (D) On or before January 1, 2025, the department shall issue draft human health risk assessments for the neonicotinoid chemicals described in subparagraph (B) of paragraph (1) other than imidacloprid. (E) On or before July 1, 2025, the department shall issue an evaluation of the impact of neonicotinoid pesticides on aquatic organisms. (F) On or before January 1, 2026, the department shall issue final human health risk assessments for the neonicotinoid chemicals described in subparagraph (B) of paragraph (1) other than imidacloprid. (G) On or before July 1, 2027, the department shall issue a determination with respect to the reevaluation of neonicotinoid pesticides on their impacts on pollinating insects, aquatic organisms, and human health. (4) On or before July 1, 2029, the department shall adopt any necessary control measures for the use of neonicotinoid pesticides that are determined by the department to be necessary, based on the evaluations described in paragraph (3). (5) If the department is unable to meet any deadline required in paragraph (3) or (4), the department shall submit a report to the appropriate committees of the Legislature setting forth the reasons the deadline or deadlines have not been met. (6) In performing the evaluations described in paragraph (3), the department shall consider the cumulative impacts of exposure to multiple neonicotinoid pesticides unless the department can demonstrate with substantial evidence that one or more neonicotinoid pesticides do not share a common mechanism of toxicity and do not present risk of cumulative harm. (7) The department is not required to conduct a reevaluation of any use of neonicotinoid pesticides for the protection of agricultural commodities, as defined in Section 6000 of Title 3 of the California Code of Regulations. (Amended by Stats. 2024, Ch. 80, Sec. 52. (SB 1525) Effective January 1, 2025.)
  23. 12839.

    ## 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 review pesticide registration applications and issue final decisions within set timelines, with limited tolling and extension options.

    ## 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. ) ## 12839. (a) On and after July 1, 2027, the department shall meet the following timelines to review and evaluate, and issue final decisions on, applications to register new pesticide products or amend existing pesticide product registrations, as specified in this article, except as provided in subdivisions (b), (d), and (e). (1) For review and evaluation of, and issuance of a final decision on, an application for registration of a new active ingredient, 30 months from the date of submittal of a complete application. (2) For review and evaluation of, and issuance of a final decision on, an application for registration of a new product or letter of acceptance to amend an existing product registration, when previously evaluated data support registration or amendment and no supporting scientific data is required for review, six months from the date of submittal of a complete application. (3) For review and evaluation of, and issuance of a final decision on, an application for registration of a new product or letter of acceptance to amend an existing product registration, when evaluation of data is required, 12 months from the date of submittal of a complete application. (4) In cases where the submitted application for registration of a new product or amendment of an existing product registration does not include supporting scientific data for review, but the department subsequently determines that the application requires data evaluation, 12 months from the date of submittal of the required data. (b) The department may toll the applicable timeline provided in subdivision (a) under any of the following circumstances: (1) The applicant fails to correct a deficiency with the application identified by the department within a 15-business-day timeframe. (2) An application requires United States Environmental Protection Agency approval. (3) The applicant corrects a deficiency with the application, but also makes substantive changes to the product or label that exceeds correcting the deficiency. (4) Nonpayment of a registration fee by the applicant for the certificate of registration. (5) The application is reliant on data associated with another identical or substantially similar product submission undergoing registration review by the department. (c) Upon the conclusion of a circumstance that was the basis for the department tolling an applicable timeline pursuant to subdivision (b), the tolling period shall end and the applicable timeline shall resume within 15 business days after the department became aware of the conclusion of the circumstance. (d) If the department cannot meet an applicable timeline provided in subdivision (a), the director may extend the timeline for up to two 60-day periods by notifying the applicant in writing and specifying both of the following: (1) The reasons why additional time is needed. (2) The estimated number of days needed that would allow the director to complete the certificate of registration. (e) In addition to subdivision (d), the director and the applicant may mutually agree, in writing, to additionally extend an applicable timeline provided in subdivision (a). (Amended by Stats. 2025, Ch. 67, Sec. 77. (AB 1170) Effective January 1, 2026.)
  24. 12840.

    ## 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 director must appear before the specified Assembly and Senate policy committees to give a performance update at least every two years, starting in 2025, when requested. The department is also directed to prioritize hiring in the pesticide registration branch when staffing up because of the listed fee and mill increases.

    ## 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. ) ## 12840. (a) It is the intent of the Legislature that, when the department hires staff due to the mill increases described in Section 12841 and registration fee increases in 2024, the department prioritize hiring for positions within the pesticide registration branch. (b) Beginning in 2025, the director, when requested by the appropriate policy committees of the Assembly and Senate, but no less than once every two years, shall appear before the appropriate policy committees of the Assembly and Senate to provide an update on the department’s performance, including, but not limited to, its performance completing timely registrations and reevaluations pursuant to this chapter, and any other information that the committees request. (Added by Stats. 2024, Ch. 60, Sec. 16. (AB 2113) Effective July 2, 2024.)
  25. 12841.

    ## 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 4.5. Assessments [12841 - 12847] ( Article 4.5 added by Stats. 1971, Ch. 1367. )

    Verify source ↗

    This section requires assessment payments on registered pesticide sales for use in California and bars sales when the assessment is unpaid on 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 2. Pesticides [12751 - 13192] ( Heading of Chapter 2 amended by Stats. 1996, Ch. 361, Sec. 26. ) ## ARTICLE 4.5. Assessments [12841 - 12847] ( Article 4.5 added by Stats. 1971, Ch. 1367. ) ## 12841. (a) A person shall not sell for use in this state any pesticide products that have been registered by the director for which the mill assessment established by this article, and the regulations adopted pursuant to it, is not paid at the times specified in Section 12843. (b) Except as provided in subdivision (d), every person who sells for use in this state a pesticide product that has been registered by the director shall pay to the director the applicable assessment. Those sales expressly include all sales made electronically, telephonically, or by any other means that result in a pesticide product being shipped to or used in this state. There is a rebuttable presumption that pesticide products that are sold or distributed into or within this state by any person are sold or distributed for use in this state. (c) Upon application of a registrant, the director shall determine whether a fertilizer or paper product is used as a carrier for a pesticide, and is sold in combination, and whether the mill assessment under this article shall be on the pesticide value only, when the product is designed, developed, and manufactured, and sold primarily for other than a pesticide use. If the director finds that the combination product has such a major component and is designed, developed, manufactured, and sold primarily for other than a pesticide use, the assessment provided by this article shall be paid on the equivalent percentage of the sales price of the active ingredients of the pesticide product. The director shall establish this percentage of the sales price. The percentage shall be the ratio of that portion of the sales price attributable to the pesticide portion to the total sales price of the combination product. (d) Assessments provided for in this article for sales of registered pesticides that are sold for use in this state shall be paid by the person or entity that first sold the pesticide for use in this state. (e) It has been and continues to be the intent of the Legislature that this division requires the department to register all pesticides before their sale for use in this state and, except as otherwise provided by law, requires the department to regulate and control the use of pesticides in accordance with this division. Except as provided in Section 12841.1, the department shall continue to collect the assessment as provided in this article at the same rate on all registered agricultural and registered nonagricultural pesticides. (f) (1) The mill assessment shall be paid at the following rates per dollar of sales for all sales of pesticides for use in this state: (A) From July 1, 2024, to June 30, 2025, inclusive, the rate shall be 24.5 mills ($0.0245) per dollar sales of all sales of registered pesticides for use in this state plus any additional assessment authorized by Section 12841.1. (B) From July 1, 2025, to June 30, 2026, inclusive, the rate shall be 27 mills ($0.027) per dollar sales of all sales of registered pesticides for use in this state plus any additional assessment authorized by Section 12841.1. (C) From July 1, 2026, to June 30, 2027, inclusive, the rate shall be 29 mills ($0.029) per dollar sales of all sales of registered pesticides for use in this state plus any additional assessment authorized by Section 12841.1. (D) On and after July 1, 2027, the rate shall be 30 mills ($0.030) per dollar sales of all sales of registered pesticides for use in this state plus any additional assessment authorized by Section 12841.1. (2) The regulations adopted pursuant to this section, or any amendment 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. The director shall make available to the public, upon the adoption of an emergency regulation establishing a new rate, the information on which the director has calculated, based, or determined the new rate. (g) The revenue collected pursuant to this section shall be deposited into the Department of Pesticide Regulation Fund and distributed as follows: (1) Notwithstanding Sections 2282 and 12784, the director shall pay, in accordance with the criteria set forth in Section 12844, the following amounts to the counties as reimbursement for costs incurred by the counties in the administration and enforcement of Division 6 (commencing with Section 11401), this chapter, Chapter 3 (commencing with Section 14001), Chapter 3.4 (commencing with Section 14090), and Chapter 3.5 (commencing with Section 14101): (A) From January 1, 1998, to March 31, 1998, inclusive, five-eighths of the money received during that period pursuant to this section. (B) From April 1, 1998, to June 30, 2004, an amount equal to the revenue derived from 6 mills ($0.006) per dollar of sales for all pesticide sales for use in this state. (C) Beginning July 1, 2004, an amount equal to the revenue derived from 7.6 mills ($0.0076) per dollar of sales for all pesticide sales for use in this state. (2) All funds not otherwise distributed pursuant to this subdivision shall remain in the Department of Pesticide Regulation Fund and shall be available for expenditure, upon appropriation by the Legislature, to support the department’s operations. (h) For purposes of this section, “active ingredient” means any active ingredient that is required to be stated on the label on any registered pesticide under Section 12883. (Amended by Stats. 2024, Ch. 60, Sec. 17. (AB 2113) Effective July 2, 2024.)
  26. 12841.1.

    ## 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 4.5. Assessments [12841 - 12847] ( Article 4.5 added by Stats. 1971, Ch. 1367. )

    Verify source ↗

    The director may collect an extra pesticide sales assessment, with exceptions, and the money must be deposited, controlled, and spent only for the stated consultation 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 4.5. Assessments [12841 - 12847] ( Article 4.5 added by Stats. 1971, Ch. 1367. ) ## 12841.1. (a) The director may collect an assessment, in addition to the mill assessment collected pursuant to Section 12841, for all pesticide sales for use in this state except for sales for use in this state of pesticides labeled solely for home, industrial, or institutional use. The director may only collect up to an additional 1.04 mills ($0.00104) per dollar of sales, in addition to the rate established pursuant to Section 12841, if necessary to fund, or augment the funding for, an appropriation to the Department of Food and Agriculture to provide pesticide consultation to the department pursuant to Section 11454.2. The necessity of this additional assessment shall be determined by the Secretary of Food and Agriculture, in consultation with the director, on an annual basis after consideration of all other revenue sources, including any reserves, that may be appropriated for this purpose. The secretary’s written determination, including a request for a specified additional assessment and the basis for that request, shall be provided to the director by a time and in a manner prescribed by the director. (b) The revenue collected pursuant to this section shall be deposited monthly into a separate account in the Department of Food and Agriculture Fund. These revenues shall be expended only by the Department of Food and Agriculture, upon appropriation by the Legislature, to provide consultation to the department pursuant to Section 11454.2. Funds shall not be expended before the execution of a memorandum of understanding pursuant to subdivision (b) of Section 11454.2. The consultation activities to be undertaken by the Department of Food and Agriculture are limited solely to those specifically authorized in the memorandum of understanding executed pursuant to Section 11454.2. These funds shall not be expended for scientific risk assessment activities. The department shall be reimbursed from the Department of Food and Agriculture Fund for the department’s revenue collection activities. If the director determines that a person is entitled to a refund of mill assessment funds that were collected pursuant to this section, the director shall inform the Secretary of Food and Agriculture of the amount of the refund due, which shall be reimbursed from the Department of Food and Agriculture Fund. (Amended by Stats. 2024, Ch. 60, Sec. 18. (AB 2113) Effective July 2, 2024.)
  27. 12841.2.

    ## 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 4.5. Assessments [12841 - 12847] ( Article 4.5 added by Stats. 1971, Ch. 1367. )

    Verify source ↗

    The Department of Pesticide Regulation must create and run an outreach and education program on pesticide safety, and the director must appoint an advisory committee.

    ## 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 4.5. Assessments [12841 - 12847] ( Article 4.5 added by Stats. 1971, Ch. 1367. ) ## 12841.2. (a) The Department of Pesticide Regulation shall create a program to conduct outreach and education activities for worker safety, environmental safety, school safety, and proper pesticide handling and use, to include, but not be limited to, the following issues and criteria: (1) The program shall encompass all communities, including urban, rural, and suburban communities. (2) All potential exposure opportunities, including household, industrial, and agricultural uses. (3) Rights and procedures of workers and those potentially exposed to pesticides and how to file confidential complaints. (b) The program shall be conducted in accordance with the department’s environmental justice guidelines. (c) The director shall appoint an advisory committee of interested stakeholders to provide input on the development and implementation of the program. (d) This program shall compliment and not replace other outreach efforts currently in place not dealing with the issues addressed within this program. (Added by Stats. 2003, Ch. 741, Sec. 67. Effective January 1, 2004.)
  28. 12841.3.

    ## 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 4.5. Assessments [12841 - 12847] ( Article 4.5 added by Stats. 1971, Ch. 1367. )

    Verify source ↗

    The director must pay specified assessment revenue to counties in nonattainment areas, subject to a per-sales cap and a distribution formula.

    ## 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 4.5. Assessments [12841 - 12847] ( Article 4.5 added by Stats. 1971, Ch. 1367. ) ## 12841.3. (a) Notwithstanding Sections 2282, 12784, and 12841, the director shall pay from the revenue collected from the mill assessment in the Department of Pesticide Regulation Fund an amount not to exceed the revenue derived from 0.5 mill ($0.0005) per dollar of sales for all pesticide sales for use in this state to counties in nonattainment areas to assist those counties in the administration and enforcement of restrictions on the use of field fumigants pursuant to Chapter 3 (commencing with Section 14001) and the regulations issued pursuant to it. These funds shall be in addition to the funds distributed pursuant to Section 12841 and shall be distributed to the counties in accordance with the criteria set forth in subdivisions (c) and (d). (b) As used in this section, “nonattainment area” means an area designated in Section 81.305 of Title 40 of the Code of Federal Regulations for the purpose of air quality planning within the chart titled “California - Ozone (1-Hour Standard).” (c) The funds available for payment pursuant to subdivision (a) shall be apportioned based on the following criteria: (1) A minimum of fifty thousand dollars ($50,000) shall be apportioned to each county in a nonattainment area. (2) The remaining amount shall be apportioned to the counties based on fumigant related workload, which may include, but is not limited to, both of the following: (3) The number of restricted use material permits issued for fumigants. (4) The number of field fumigant applications in each county to the total for all counties within all nonattainment areas during the previous fiscal year. (d) Only counties within a nonattainment area for which the Department of Pesticide Regulation has established a fumigant emission limit pursuant to Chapter 3 (commencing with Section 14001), and the regulations issued pursuant to it, in the current or the previous fiscal year shall receive payment of the amount apportioned pursuant to the criteria set forth in subdivision (c). (Added by Stats. 2008, Ch. 760, Sec. 1. Effective September 30, 2008.)
  29. 12841.4.

    ## 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 4.5. Assessments [12841 - 12847] ( Article 4.5 added by Stats. 1971, Ch. 1367. )

    Verify source ↗

    Certain pesticide registrants must set up or join a recycling program for qualifying HDPE containers and report compliance annually; the director and department also have related regulatory and reporting powers.

    ## 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 4.5. Assessments [12841 - 12847] ( Article 4.5 added by Stats. 1971, Ch. 1367. ) ## 12841.4. (a) Every registrant of any production agricultural- or structural-use pesticide product sold for use in this state that is packaged in rigid, nonrefillable, high-density polyethylene (HDPE) containers of 55 gallons or less shall establish a recycling program, or demonstrate participation in a recycling program to ensure HDPE containers are recycled. Container recycling shall comply with the American National Standards Institute American Society of Agriculture and Biological Engineers Standard S596, entitled Recycling Plastic Containers from Pesticides and Pesticide-Related Products, as published in February 2006. The records required by these standards shall be maintained for four years and shall be subject to audit by the director. (b) A registrant who is required to establish or participate in a recycling program pursuant to this section shall provide to the director, at least annually, a document certifying that this requirement has been met. (c) (1) The director may adopt regulations to carry out the purposes of this section. Upon a federal pesticide container recycling program being adopted, the director may adopt regulations to conform to the federal program. (2) It is the intent of the Legislature in enacting this section that any regulatory standards adopted by the department shall be at least as stringent as those standards referred to in subdivision (a). (d) The department shall estimate a recycling rate for pesticide containers and propose suggestions for program improvements and post this information annually on its internet website. (Amended by Stats. 2024, Ch. 60, Sec. 19. (AB 2113) Effective July 2, 2024.)
  30. 12842.

    ## 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 4.5. Assessments [12841 - 12847] ( Article 4.5 added by Stats. 1971, Ch. 1367. )

    Verify source ↗

    People who sell registered pesticide products for use in California must keep accurate transaction records for four years, unless the director allows the records to be kept elsewhere.

    ## 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 4.5. Assessments [12841 - 12847] ( Article 4.5 added by Stats. 1971, Ch. 1367. ) ## 12842. Every person who sells for use in this state any pesticide products that have been registered by the director shall maintain in this state, or with the director’s permission at another location, an accurate record of all pesticide transactions for four years. The records are subject to audit by the director and shall clearly demonstrate proof of payment of all applicable assessments for each registered pesticide product sold for use in this state. (Amended by Stats. 2024, Ch. 60, Sec. 20. (AB 2113) Effective July 2, 2024.)
  31. 12843.

    ## 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 4.5. Assessments [12841 - 12847] ( Article 4.5 added by Stats. 1971, Ch. 1367. )

    Verify source ↗

    Quarterly payments under this article, plus a return in the director’s prescribed form, must be filed one month after each quarter end. The director must add a 10% penalty for delinquent returns or payment deficiencies.

    ## 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 4.5. Assessments [12841 - 12847] ( Article 4.5 added by Stats. 1971, Ch. 1367. ) ## 12843. The payments required by this article, together with a return in a form prescribed by the director, shall be made quarterly one calendar month after March 31, June 30, September 30, and December 31 of each year. For any delinquency in making a return, or any deficiency in payment, the director shall add to the delinquent payment a penalty of 10 percent of the amount that is due. (Amended by Stats. 1997, Ch. 695, Sec. 24. Effective January 1, 1998.)
  32. 12844.

    ## 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 4.5. Assessments [12841 - 12847] ( Article 4.5 added by Stats. 1971, Ch. 1367. )

    Verify source ↗

    The director and county agricultural commissioners must jointly develop regulations for allocating pesticide mill assessment funds to counties, and the director must adopt those regulations after public 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 2. Pesticides [12751 - 13192] ( Heading of Chapter 2 amended by Stats. 1996, Ch. 361, Sec. 26. ) ## ARTICLE 4.5. Assessments [12841 - 12847] ( Article 4.5 added by Stats. 1971, Ch. 1367. ) ## 12844. The director and the county agricultural commissioners shall jointly develop regulations specifying the criteria to be used in allocating pesticide mill assessment funds to the counties based upon each county’s pest control activities, costs, workload, and performance. After providing public notice, the director shall adopt those regulations. The criteria to be used in allocating the funds to counties shall include, but not be limited to, all of the following: (a) The effectiveness of the pesticide use enforcement program in each county. (b) The number, comprehensiveness, and effectiveness of pest control inspections performed in each county. (c) The number of licensed pest control dealers located in each county. The number of licensed agricultural pest control advisers, pest control businesses, and pest control aircraft pilots registered in each county. The number of structural pest control operators providing notice of work to each county. (d) The work hours expended in each county by county personnel who are licensed, or working under the supervision of county personnel licensed, in pesticide regulation or environmental monitoring and investigation. (e) The total amount of dollars expended by each county relating to pesticide regulatory activities. (f) The total number of private applicator certificate holders in each county. (g) The total pounds of pesticides reported used in each county. (Repealed and added by Stats. 1997, Ch. 695, Sec. 26. Effective January 1, 1998.)
  33. 12844.5.

    ## 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 4.5. Assessments [12841 - 12847] ( Article 4.5 added by Stats. 1971, Ch. 1367. )

    Verify source ↗

    Money paid to counties under Section 12844 is treated as reimbursement for county costs related to administering and enforcing Chapter 7, despite Section 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 4.5. Assessments [12841 - 12847] ( Article 4.5 added by Stats. 1971, Ch. 1367. ) ## 12844.5. Notwithstanding Section 12784, the funds paid to the counties under Section 12844 shall also be considered as reimbursement for costs incurred by the counties in the administration and enforcement of Chapter 7 (commencing with Section 15201). (Added by renumbering Section 12845 (as added by Stats. 1984, Ch. 766) by Stats. 1986, Ch. 1266, Sec. 14.)
  34. 12845.

    ## 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 4.5. Assessments [12841 - 12847] ( Article 4.5 added by Stats. 1971, Ch. 1367. )

    Verify source ↗

    The director may make regulations requiring covered persons to provide information needed for audits and other duties, including quarterly sales and volume data for registered pesticides.

    ## 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 4.5. Assessments [12841 - 12847] ( Article 4.5 added by Stats. 1971, Ch. 1367. ) ## 12845. (a) The director may adopt regulations that require persons subject to this article to provide information determined by the director to be necessary to enable the director to perform the audit authorized pursuant to Section 12842 and to carry out other powers or duties under this division. (b) The regulations adopted pursuant to this section may include, but are not limited to, a requirement that a person subject to this article provide the director with information on the quarterly dollar sales of each registered pesticide sold for use in this state and the quarterly volume of each registered pesticide sold for use in this state. (Amended by Stats. 1997, Ch. 695, Sec. 27. Effective January 1, 1998.)
  35. 12847.

    ## 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 4.5. Assessments [12841 - 12847] ( Article 4.5 added by Stats. 1971, Ch. 1367. )

    Verify source ↗

    Pesticide sales invoices must disclose who will pay certain assessments, and only the person who will actually pay may show the assessment amount or rate as a line item.

    ## 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 4.5. Assessments [12841 - 12847] ( Article 4.5 added by Stats. 1971, Ch. 1367. ) ## 12847. Sales invoices for pesticides first sold into or within this state shall show that the assessments specified in Sections 12841 and 12841.1 will be paid by the person or entity that first sold the pesticide for use in the state. All other sales invoices for pesticides sold into or within this state, except retail sales of those nonagricultural pesticides labeled only for home, industrial, or institutional use, shall show as a comment on the invoice that the assessment will be paid, and may show an amount or rate that represents the assessment. However, only the person who actually will pay the assessment may show the amount or rate of the assessment as a line item on the sales invoice. (Amended by Stats. 2024, Ch. 60, Sec. 21. (AB 2113) Effective July 2, 2024.)
  36. 12851.

    ## 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 5. Labeling and Warranty [12851 - 12859] ( Article 5 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A pesticide registrant must put a plainly printed label on each relevant lot or closed container/package sold in the state, and the label must list the pesticide’s sale name plus the registered manufacturer/importer/vendor name and address.

    ## 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 5. Labeling and Warranty [12851 - 12859] ( Article 5 enacted by Stats. 1967, Ch. 15. ) ## 12851. The registrant of any pesticide shall attach to each separate lot, and each separate, finished, sealed, or closed container or package of pesticide that the registrant intends to sell within this state, a plainly printed label, that states all of the following: (a) The name, brand, or trademark, if any, under which the pesticide is sold. (b) The name and address of the registered manufacturer, importer, or vendor. (Amended by Stats. 1996, Ch. 361, Sec. 59. Effective January 1, 1997.)
  37. 12852.

    ## 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 5. Labeling and Warranty [12851 - 12859] ( Article 5 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A pesticide registrant selling or delivering to a consumer in this state must provide printed directions for use, including dilution directions if any, on the label or inside each container or package.

    ## 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 5. Labeling and Warranty [12851 - 12859] ( Article 5 enacted by Stats. 1967, Ch. 15. ) ## 12852. The registrant of any pesticide that is sold or delivered to a consumer in this state shall furnish printed directions for use, and dilution if any, upon the label, or shall enclose the printed directions in each container or package of the pesticide. (Amended by Stats. 1996, Ch. 361, Sec. 60. Effective January 1, 1997.)
  38. 12853.

    ## 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 5. Labeling and Warranty [12851 - 12859] ( Article 5 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A pesticide registrant may put warranty limitations on the label of certain pesticide containers or packages, including opened lots if the director has authorized sales.

    ## 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 5. Labeling and Warranty [12851 - 12859] ( Article 5 enacted by Stats. 1967, Ch. 15. ) ## 12853. A registrant of pesticides may print upon the label of any sealed or closed container or package of pesticide that the registrant intends to sell within this state, or upon the label of any opened lot from which sales have been authorized by the director, such limitations of warranty with respect to the use of the pesticide, as the registrant may consider proper. (Amended by Stats. 1996, Ch. 361, Sec. 61. Effective January 1, 1997.)
  39. 12854.

    ## 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 5. Labeling and Warranty [12851 - 12859] ( Article 5 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A seller cannot use a warranty limitation to exclude or waive the implied warranties listed here.

    ## 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 5. Labeling and Warranty [12851 - 12859] ( Article 5 enacted by Stats. 1967, Ch. 15. ) ## 12854. No limitations of warranty by the seller shall exclude or waive either of the following implied warranties: (a) That the pesticide corresponds to all claims and descriptions that the registrant has made in respect to it in print. (b) That the pesticide is reasonably fit for use for any purpose for which it is intended according to any printed statement of the registrant. (Amended by Stats. 1996, Ch. 361, Sec. 62. Effective January 1, 1997.)
  40. 12855.

    ## 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 5. Labeling and Warranty [12851 - 12859] ( Article 5 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The registrant is not liable for injury or damage caused solely by certain pesticide uses or by an unprinted warranty breach, unless this article provides 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 5. Labeling and Warranty [12851 - 12859] ( Article 5 enacted by Stats. 1967, Ch. 15. ) ## 12855. Except as otherwise provided in this article, the registrant is not liable for any injury or damage that is suffered solely by reason of any of the following: (a) The use of the pesticide for a purpose that is not indicated by the label. (b) The use of the pesticide contrary to the printed directions of the registrant or seller. (c) The breach of any warranty by the registrant that is not expressly printed on the label. (Amended by Stats. 1996, Ch. 361, Sec. 63. Effective January 1, 1997.)
  41. 12856.

    ## 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 5. Labeling and Warranty [12851 - 12859] ( Article 5 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A pesticide may not be sold unless it is in a registrant’s sealed or closed container or package, unless Section 12857 says 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 5. Labeling and Warranty [12851 - 12859] ( Article 5 enacted by Stats. 1967, Ch. 15. ) ## 12856. Except as otherwise provided in Section 12857, a pesticide shall not be sold unless it is in a registrant’s sealed or closed container or package. (Amended by Stats. 1996, Ch. 361, Sec. 64. Effective January 1, 1997.)
  42. 12857.

    ## 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 5. Labeling and Warranty [12851 - 12859] ( Article 5 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director may allow pesticide sales from an opened but properly labeled lot, container, or package, and must give notice and allow 15 days for protests.

    ## 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 5. Labeling and Warranty [12851 - 12859] ( Article 5 enacted by Stats. 1967, Ch. 15. ) ## 12857. The director , pursuant to regulations prescribed by him or her, may authorize sales of pesticides to be made out of a registrant’s opened but properly labeled lot, container, or package. The director shall serve notice of the proposed action by depositing a copy of it in a United States post office, inclosed in a sealed envelope with postage prepaid and addressed to each registrant at his or her last address on file with the department. The director shall allow 15 days, during which time any protest may be filed. (Amended by Stats. 1996, Ch. 361, Sec. 65. Effective January 1, 1997.)
  43. 12858.

    ## 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 5. Labeling and Warranty [12851 - 12859] ( Article 5 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    For pesticides intended and sold for internal administration to animals, the ingredient statement may use dosage instead of percentage by weight.

    ## 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 5. Labeling and Warranty [12851 - 12859] ( Article 5 enacted by Stats. 1967, Ch. 15. ) ## 12858. The statement of ingredients in any pesticide that is intended and sold for internal administration to animals may be given in terms of dosage in lieu of percentage by weight as required by Article 4 (commencing with Section 12811) and Article 6 (commencing with Section 12881). (Amended by Stats. 1996, Ch. 361, Sec. 66. Effective January 1, 1997.)
  44. 12859.

    ## 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 5. Labeling and Warranty [12851 - 12859] ( Article 5 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director must adopt regulations for labeling service containers, with a farming-use exception.

    ## 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 5. Labeling and Warranty [12851 - 12859] ( Article 5 enacted by Stats. 1967, Ch. 15. ) ## 12859. The director shall adopt regulations governing the labeling of service containers. The labeling regulations shall not apply to containers used by a person engaging in the business of farming when the containers are used on the property that the person is farming. The regulations shall provide that the labeling only include the following: (a) The name and address of the person or firm responsible for the container. (b) The identity of the pesticide in the container. (c) The word “DANGER”, “WARNING”, or “CAUTION” in accordance with the label on the original container. (Amended by Stats. 1996, Ch. 361, Sec. 67. Effective January 1, 1997.)
  45. 12881.

    ## 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 6. Misbranding [12881 - 12885] ( Article 6 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A pesticide is misbranded if its package or label is false, misleading, deceptive, falsely says where it was made, imitates another product, or uses another product’s name.

    ## 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 6. Misbranding [12881 - 12885] ( Article 6 enacted by Stats. 1967, Ch. 15. ) ## 12881. A pesticide is misbranded in any of the following cases: (a) The package or label bears any false or misleading statement, design, or device regarding the article or any ingredient or substance that is contained in it. (b) The package or label is falsely branded as to the place of manufacture or production of the pesticide. (c) It is an imitation of, or offered for sale under the name of, another article. (d) It is labeled or branded so as to deceive or mislead the purchaser. (Amended by Stats. 1996, Ch. 361, Sec. 68. Effective January 1, 1997.)
  46. 12882.

    ## 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 6. Misbranding [12881 - 12885] ( Article 6 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A pesticide is misbranded if its package contents are altered, its quality is below the label or registration guarantee, its weight or measure is not plainly and correctly stated, or its label does not match the approved registered label.

    ## 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 6. Misbranding [12881 - 12885] ( Article 6 enacted by Stats. 1967, Ch. 15. ) ## 12882. A pesticide is also misbranded in any of the following cases: (a) The contents of the package as originally put up have been removed in whole or in part and other contents placed in the package. (b) The contents of the package are of a quality below that of the guarantee on the label, on the application for registration of the pesticide, or of the analysis of the representative sample delivered in connection with the application for registration of the pesticide. (c) If the contents of any package of a pesticide is stated in terms of weight or measure, and the weight or measure is not plainly and correctly stated on the outside of the package. (d) The label does not conform to the registered label approved by the director under the standards of this division. (Amended by Stats. 1996, Ch. 361, Sec. 69. Effective January 1, 1997.)
  47. 12883.

    ## 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 6. Misbranding [12881 - 12885] ( Article 6 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A pesticide label is misbranded if it does not state the required ingredient information, unless Section 12884 applies; spray adjuvants have a special labeling exception.

    ## 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 6. Misbranding [12881 - 12885] ( Article 6 enacted by Stats. 1967, Ch. 15. ) ## 12883. Except as otherwise provided in Section 12884 , a pesticide is also misbranded when the label fails to state one of the following: (a) The name and percentage of each active ingredient, together with the total percentage of the inert ingredients, in the pesticide. (b) The name of each active ingredient, together with the name of each and the total percentage of the inert ingredients, if there are any, in the pesticide. A pesticide that is sold only as a spray adjuvant is not misbranded if the total percentage of the constituents ineffective as a spray adjuvant is stated on the label without mention of the terms “active ingredient” or “inert ingredient” in lieu of one of the options required by this section. (Amended by Stats. 1996, Ch. 361, Sec. 70. Effective January 1, 1997.)
  48. 12884.

    ## 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 6. Misbranding [12881 - 12885] ( Article 6 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A pesticide is misbranded if, when the preparation is highly toxic to humans as determined by the director’s regulations, the label does not state the name and percentage of each active ingredient and the total percentage of inert ingredients.

    ## 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 6. Misbranding [12881 - 12885] ( Article 6 enacted by Stats. 1967, Ch. 15. ) ## 12884. If the preparation is highly toxic to humans, as determined by regulations of the director, a pesticide is misbranded if the label fails to state the name and percentage of each active ingredient together with the total percentage of the inert ingredients in the pesticide. (Amended by Stats. 1996, Ch. 361, Sec. 71. Effective January 1, 1997.)
  49. 12885.

    ## 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 6. Misbranding [12881 - 12885] ( Article 6 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A spray adjuvant is misbranded if its label does not state its type or function and the names of the principal functioning agents.

    ## 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 6. Misbranding [12881 - 12885] ( Article 6 enacted by Stats. 1967, Ch. 15. ) ## 12885. In addition to the other provisions of this article, a spray adjuvant is misbranded if the label fails to state the type or function and the names of the principal functioning agents. If more than three functioning agents are present, only the three principal ones need be named. (Enacted by Stats. 1967, Ch. 15.)
  50. 12911.

    ## 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 7. Adulteration [12911- 12911.] ( Article 7 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A pesticide is adulterated if it is weaker or less pure than represented, if a necessary ingredient is missing or replaced, or if it contains a substance seriously harmful to vegetation when used as directed.

    ## 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 7. Adulteration [12911- 12911.] ( Article 7 enacted by Stats. 1967, Ch. 15. ) ## 12911. A pesticide is adulterated in any of the following cases: (a) Its strength or purity falls below the standard or quality that it is represented to have. (b) Any ingredient that is necessary to its effectiveness has been wholly or in part abstracted or omitted in its manufacture, or other materials substituted for that ingredient. (c) It is intended for use on vegetation and contains any substance that is seriously injurious to vegetation, except weeds, if used according to the directions that are furnished with it. (Amended by Stats. 1996, Ch. 361, Sec. 72. Effective January 1, 1997.)
  51. 12931.

    ## 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 8. Analysis [12931- 12931.] ( Article 8 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director may sample pesticides, analyze or examine them, and conduct necessary investigations to enforce 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 8. Analysis [12931- 12931.] ( Article 8 enacted by Stats. 1967, Ch. 15. ) ## 12931. The director may take samples of pesticides, make analyses or examinations of them, and make such investigations as are necessary for the full enforcement of this chapter. (Amended by Stats. 1997, Ch. 695, Sec. 32. Effective January 1, 1998.)
  52. 12961.

    ## 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 9. Seizure [12961- 12961.] ( Article 9 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director may seize and quarantine pesticides that are adulterated, misbranded, harmful to agriculture or public health, or otherwise out of compliance with the 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 9. Seizure [12961- 12961.] ( Article 9 enacted by Stats. 1967, Ch. 15. ) ## 12961. The director may seize and quarantine any pesticide that is adulterated, misbranded, or detrimental to agriculture or to the public health, or which is otherwise not in conformity with any provision of this chapter. (Amended by Stats. 1996, Ch. 361, Sec. 75. Effective January 1, 1997.)
  53. 12971.

    ## 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 10. Recommendations and Usage [12971 - 12979] ( Article 10 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A recommendation must not conflict with the product’s registered labeling.

    ## 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 10. Recommendations and Usage [12971 - 12979] ( Article 10 enacted by Stats. 1967, Ch. 15. ) ## 12971. No recommendation shall be in conflict with the registered labeling for the product being recommended. (Added by renumbering Section 12972 by Stats. 1978, Ch. 1049.)
  54. 12972.

    ## 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 10. Recommendations and Usage [12971 - 12979] ( Article 10 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Anyone using a pesticide must do so in a way that prevents substantial drift to nontarget areas.

    ## 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 10. Recommendations and Usage [12971 - 12979] ( Article 10 enacted by Stats. 1967, Ch. 15. ) ## 12972. The use of any pesticide by any person shall be in such a manner as to prevent substantial drift to nontarget areas. (Added by Stats. 1978, Ch. 1049.)
  55. 12973.

    ## 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 10. Recommendations and Usage [12971 - 12979] ( Article 10 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Pesticide use must not conflict with the product’s registered labeling or any extra permit 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 2. Pesticides [12751 - 13192] ( Heading of Chapter 2 amended by Stats. 1996, Ch. 361, Sec. 26. ) ## ARTICLE 10. Recommendations and Usage [12971 - 12979] ( Article 10 enacted by Stats. 1967, Ch. 15. ) ## 12973. The use of any pesticide shall not conflict with labeling registered pursuant to this chapter which is delivered with the pesticide or with any additional limitations applicable to the conditions of any permit issued by the director or commissioner. (Repealed and added by Stats. 1978, Ch. 1049.)
  56. 12974.

    ## 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 10. Recommendations and Usage [12971 - 12979] ( Article 10 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    If a person using a pesticide does not have a written recommendation, a rebuttable presumption arises that the person has assumed responsibility for the recommendation.

    ## 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 10. Recommendations and Usage [12971 - 12979] ( Article 10 enacted by Stats. 1967, Ch. 15. ) ## 12974. Failure of a person using a pesticide to possess a written recommendation shall create a rebuttable presumption that he or she has assumed responsibility for the recommendation. (Amended by Stats. 1984, Ch. 1476, Sec. 1.)
  57. 12975.

    ## 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 10. Recommendations and Usage [12971 - 12979] ( Article 10 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A person who makes a written recommendation is not responsible for ensuring the actual use matches the recommendation.

    ## 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 10. Recommendations and Usage [12971 - 12979] ( Article 10 enacted by Stats. 1967, Ch. 15. ) ## 12975. A person making a written recommendation does not incur an obligation to insure that the actual use follows his or her recommendation. (Added by renumbering Section 12978 by Stats. 1978, Ch. 1049.)
  58. 12976.

    ## 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 10. Recommendations and Usage [12971 - 12979] ( Article 10 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director may adopt regulations to govern the possession, sale, or use of pesticides when needed to carry out Division 6 or this division.

    ## 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 10. Recommendations and Usage [12971 - 12979] ( Article 10 enacted by Stats. 1967, Ch. 15. ) ## 12976. The director may adopt regulations to govern the possession, sale, or use of any pesticide which the director finds necessary to carry out the purposes of Division 6 (commencing with Section 11401) or this division. (Amended by Stats. 2000, Ch. 806, Sec. 3. Effective January 1, 2001.)
  59. 12977.

    ## 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 10. Recommendations and Usage [12971 - 12979] ( Article 10 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director and each county commissioner must enforce this article and the regulations adopted under 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 2. Pesticides [12751 - 13192] ( Heading of Chapter 2 amended by Stats. 1996, Ch. 361, Sec. 26. ) ## ARTICLE 10. Recommendations and Usage [12971 - 12979] ( Article 10 enacted by Stats. 1967, Ch. 15. ) ## 12977. The director, and the commissioner of each county under the direction and supervision of the director, shall enforce the provisions of this article and the regulations adopted pursuant to it. (Added by Stats. 1978, Ch. 1049.)
  60. 12978.

    ## 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 10. Recommendations and Usage [12971 - 12979] ( Article 10 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Public-property pesticide applications in certain areas must be posted with bilingual warning signs, unless a responsible agency uses a barrier instead, and the warnings are not required for Department of Transportation highway right-of-way applications.

    ## 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 10. Recommendations and Usage [12971 - 12979] ( Article 10 enacted by Stats. 1967, Ch. 15. ) ## 12978. Pesticide applications on public property which take place on school grounds, parks, or other public rights-of-way where public exposure is foreseeable shall be posted with warning signs. The signs shall be in English and Spanish and shall contain a warning that the area has been treated with a pesticide and that individuals are not to enter the area. (a) This section shall apply to all pesticide applications which have worker reentry intervals of at least 24 hours. (b) Posting shall be accomplished immediately prior to pesticide applications, and the signs shall be removed within 24 hours after the expiration of the reentry interval. (c) Signs shall be posted at regular intervals and at all regular points of public entry. (d) The agency with responsibility for the property where the pesticide application is to take place shall post the warnings required by this section. (e) The responsible agency may substitute a barrier for the warning signs to exclude public exposure to a treated area. (f) This section does not apply to pesticide applications by the Department of Transportation on public highway rights-of-way. (Added by Stats. 1985, Ch. 840, Sec. 1.)
  61. 12978.7.

    ## 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 10. Recommendations and Usage [12971 - 12979] ( Article 10 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section bans certain anticoagulant rodenticides in wildlife habitat areas and, in most cases, throughout the state, with listed exceptions.

    ## 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 10. Recommendations and Usage [12971 - 12979] ( Article 10 enacted by Stats. 1967, Ch. 15. ) ## 12978.7. (a) For purposes of this section, the following terms have the following meanings: (1) “Chlorophacinone” means a pesticide product containing chlorophacinone. (2) “Diphacinone” means a pesticide product containing diphacinone. (3) “First-generation anticoagulant rodenticide” means a pesticide product containing any of the following active ingredients: (A) Diphacinone. (B) Chlorophacinone. (C) Warfarin. (4) “Integrated pest management” has the same meaning as defined in Section 11401.7. (5) “Second-generation anticoagulant rodenticide” means a pesticide product containing any of the following active ingredients: (A) Brodifacoum. (B) Bromadiolone. (C) Difenacoum. (D) Difethialone. (6) “Sustainable pest management” has the same meaning as defined in Section 11412. (7) “Warfarin” means a pesticide product containing warfarin. (8) “Wildlife habitat area” means a park or wildlife refuge managed by a state agency, regional government, or quasi-government agency, or by a special district. (b) Except as provided in subdivision (g), and notwithstanding subdivisions (c), (d), and (e), the use of a second-generation anticoagulant rodenticide or first-generation anticoagulant rodenticide is prohibited in a wildlife habitat area. (c) Except as provided in subdivision (g) or (h), the use of a second-generation anticoagulant rodenticide is prohibited in this state until the director makes the certification described in subdivision (i). (d) Except as provided in subdivision (g) or (h), the use of diphacinone is prohibited in this state and diphacinone shall be considered a restricted material pursuant to Section 14004.5 until the director makes the certification described in subdivision (j). (e) Except as provided in subdivision (g) or (h), the use of chlorophacinone or warfarin is prohibited in this state and chlorophacinone and warfarin shall be considered restricted materials pursuant to Section 14004.5. The director may suspend the prohibition if the director makes the certification described in subdivision (k). Nothing in this subdivision or subdivision (k) requires the department to suspend the prohibition on chlorophacinone or warfarin described in this subdivision, complete a reevaluation of chlorophacinone or warfarin, or adopt any additional restrictions on chlorophacinone or warfarin. (f) State agencies are directed to encourage federal agencies to comply with subdivisions (b) to (e), inclusive. (g) This section does not apply to any of the following: (1) The use of a second-generation anticoagulant rodenticide or first-generation anticoagulant rodenticide by a governmental agency employee who complies with Section 106925 of the Health and Safety Code, who uses a second-generation anticoagulant rodenticide or first-generation anticoagulant rodenticide for public health activities. (2) The use of a second-generation anticoagulant rodenticide or first-generation anticoagulant rodenticide otherwise prohibited by this section when used by an employee or contractor of a governmental agency or public utility, as defined in Section 216 of the Public Utilities Code, for purposes of protecting water supply and hydroelectric energy generating infrastructure and facilities in a manner that is consistent with all otherwise applicable federal and state laws and regulations. (3) The use of a second-generation anticoagulant rodenticide or first-generation anticoagulant rodenticide by a mosquito or vector control district formed under Chapter 1 (commencing with Section 2000) of Division 3 or Chapter 8 (commencing with Section 2800) of Division 3 of the Health and Safety Code to protect the public health. (4) The use of a second-generation anticoagulant rodenticide or first-generation anticoagulant rodenticide for the eradication of nonnative invasive species inhabiting or found to be present on offshore islands in a manner that is consistent with all otherwise applicable federal and state laws and regulations. (5) The use of a second-generation anticoagulant rodenticide or first-generation anticoagulant rodenticide that the Department of Fish and Wildlife determines is required to control or eradicate an invasive rodent population for the protection of threatened or endangered species or their habitats. (6) The use of a second-generation anticoagulant rodenticide or first-generation anticoagulant rodenticide to control an actual or potential rodent infestation associated with a public health need, as determined by a supporting declaration from the State Public Health Officer or a local public health officer. For purposes of this section, a public health need is an urgent, nonroutine situation posing a significant risk to human health in which it is documented that other rodent control alternatives, including nonchemical alternatives, are inadequate to control the rodent infestation. (7) The use of a second-generation anticoagulant rodenticide or first-generation anticoagulant rodenticide for research that the department funds, pursuant to Section 6025.5, to protect the food system and the environment. (8) The use of a second-generation anticoagulant rodenticide or first-generation anticoagulant rodenticide for research purposes related to the reevaluation described in paragraph (1) of subdivision (i), paragraph (1) of subdivision (j), or paragraph (1) of subdivision (k). Before using a second-generation anticoagulant rodenticide or first-generation anticoagulant rodenticide in the manner described in this paragraph, a written authorization for research shall be obtained from the director. The director may specify the conditions in the authorization for research under which the research shall be conducted. The director may terminate, amend, or refuse to issue an authorization for research if the director determines any of the following: (A) The research may involve a hazard to the environment. (B) The research may be used for purposes unrelated to pesticide data development. (C) A violation of the authorization for research, prior authorization for research, or Division 6 (commencing with Section 11401) or this division, or a regulation adopted pursuant to either or both of those divisions, has occurred in connection with the research. (h) (1) This section does not apply to the use of a second-generation anticoagulant rodenticide or first-generation anticoagulant rodenticide in either of the following locations: (A) A medical waste generator, as defined in Section 117705 of the Health and Safety Code. (B) A facility registered annually and subject to inspection under Section 510 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. Sec. 360 et seq.) and compliant with the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. Sec. 136 et seq.). (2) The prohibitions in subdivisions (c), (d), and (e) do not apply to the use of a second-generation anticoagulant rodenticide or first-generation anticoagulant rodenticide for agricultural activities, as defined in Section 564. (3) For purposes of paragraph (2), “agricultural activities” include activities conducted in any of the following locations: (A) A warehouse used to store foods for human or animal consumption. (B) An agricultural food production site, including, but not limited to, a slaughterhouse or cannery. (C) A factory, brewery, or winery. (D) An agricultural production site housing water storage and conveyance facilities. (E) An agricultural production site housing rights-of-way and other transportation infrastructure. (i) After the director determines that both of the following conditions have occurred, the director shall certify to the Secretary of State that determination: (1) The department has completed the reevaluation of second-generation anticoagulant rodenticides, as commenced by the department on March 12, 2019, pursuant to California Notice 2019-03 (“Notice of Final Decision to Begin Reevaluation of Second-Generation Anticoagulant Rodenticides”). (2) Consistent with the requirements of this division and regulations adopted pursuant to this division, the department, in consultation with, and with the concurrence of, the Department of Fish and Wildlife, has adopted any additional restrictions that are necessary to ensure a trend of statistically significant reductions in the percentage of wildlife exposed or mean concentration values of detectable levels of second-generation anticoagulant rodenticides or any of their metabolites in tested tissues of a scientifically representative sample of wildlife. These restrictions shall include a requirement to implement sustainable pest management and integrated pest management practices, such as biological control, habitat manipulation, and modification of cultural practices, before the use of second-generation anticoagulant rodenticides. The department, in concurrence with the Department of Fish and Wildlife, shall make a finding that the restrictions are necessary based on the best available science, which may include reviewing data and studying samples of certain species and their populations as proxies for all potentially impacted species and populations. (j) After the director determines that both of the following conditions have occurred, the director shall certify to the Secretary of State that determination: (1) The department has completed any pending reevaluation of diphacinone. (2) Consistent with the requirements of this division and regulations adopted pursuant to this division, the department, in consultation with, and with the concurrence of, the Department of Fish and Wildlife, has adopted any additional restrictions that are necessary to ensure a trend of statistically significant reductions in the percentage of wildlife exposed or mean concentration values of detectable levels of diphacinone or any of its metabolites in tested tissues of a scientifically representative sample of wildlife. These restrictions shall include a requirement to implement sustainable pest management and integrated pest management practices, such as biological control, habitat manipulation, and modification of cultural practices, before the use of diphacinone. The department, in concurrence with the Department of Fish and Wildlife, shall make a finding that the restrictions are necessary based upon the best available science, which may include reviewing data and studying samples of certain species and their populations as proxies for all potentially impacted species and populations. Substantial evidence supporting the restrictions, including any requirement to implement alternatives, shall, to the extent feasible, include, but not be limited to, analysis regarding exposure pathways, sublethal effects, species sensitivity, and the cumulative and synergistic effects of exposure to anticoagulant rodenticides, including lethal and sublethal effects on wildlife, including rare, sensitive, special status, threatened, or endangered species. (k) If the director determines that both of the following conditions have occurred, the director shall certify to the Secretary of State that determination: (1) The department has completed a reevaluation of chlorophacinone or warfarin, respectively. (2) Consistent with the requirements of this division and regulations adopted pursuant to this division, the department, in consultation with, and with the concurrence of, the Department of Fish and Wildlife, has adopted any additional restrictions necessary to ensure a trend of statistically significant reductions in the percentage of wildlife exposed or mean concentration values of detectable levels of chlorophacinone or warfarin, respectively, or any of their metabolites, in tested tissues of a scientifically representative sample of wildlife. These restrictions shall include a requirement to implement sustainable pest management and integrated pest management practices, such as biological control, habitat manipulation, and modification of cultural practices, before the use of chlorophacinone or warfarin, respectively. The department, in concurrence with the Department of Fish and Wildlife, shall make a finding that the restrictions are necessary based on the best available science, which may include reviewing data and studying samples of certain species and their populations as proxies for all potentially impacted species and populations. Substantial evidence supporting the restrictions, including any requirement to implement alternatives, shall, to the extent feasible, include, but not be limited to, analysis regarding exposure pathways, sublethal effects, species sensitivity, and the cumulative and synergistic effects of exposure to anticoagulant rodenticides, including lethal and sublethal effects on wildlife, including rare, sensitive, special status, threatened, or endangered species. (Amended by Stats. 2024, Ch. 571, Sec. 2. (AB 2552) Effective January 1, 2025.)
  62. 12979.

    ## 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 10. Recommendations and Usage [12971 - 12979] ( Article 10 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Pesticide use reports must be submitted to the commissioner or director in the form and manner the director prescribes. The department must consider report data when setting priorities for monitoring, enforcement, safety, research, and related activities.

    ## 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 10. Recommendations and Usage [12971 - 12979] ( Article 10 enacted by Stats. 1967, Ch. 15. ) ## 12979. A pesticide use report shall be submitted to the commissioner or director on a form and in a manner prescribed by the director. The data from the pesticide use reports shall be considered in setting priorities for food monitoring, pesticide use enforcement, farm worker safety programs, environmental monitoring, pest control research, public health monitoring and research, and similar activities by the department, or by the department in cooperation with other state, regional, or local agencies with appropriate authority. (Added by Stats. 1989, Ch. 1200, Sec. 7. Effective October 1, 1989.)
  63. 12980.

    ## 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 10.5. Pesticides and Worker Safety [12980 - 12988] ( Article 10.5 added by Stats. 1972, Ch. 794. )

    Verify source ↗

    The provision states that pesticides should be used safely and that workers in pesticide-related settings should have safe working 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 2. Pesticides [12751 - 13192] ( Heading of Chapter 2 amended by Stats. 1996, Ch. 361, Sec. 26. ) ## ARTICLE 10.5. Pesticides and Worker Safety [12980 - 12988] ( Article 10.5 added by Stats. 1972, Ch. 794. ) ## 12980. The Legislature hereby finds and declares that it is necessary and desirable to provide for the safe use of pesticides and for safe working conditions for farmworkers, pest control applicators, and other persons handling, storing, or applying pesticides, or working in and about pesticide-treated areas. The Legislature further finds and declares that the development of regulations relating to pesticides and worker safety should be the joint and mutual responsibility of the Department of Food and Agriculture and the State Department of Health Services. The Legislature further finds and declares that in carrying out the provisions of this article, the University of California, the Department of Industrial Relations, and any other similar institution or agency should be consulted. (Amended by Stats. 1978, Ch. 429. Note: See this section as modified on July 17, 1991, in Governor's Reorganization Plan No. 1 of 1991.)
  64. 12981.

    ## 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 10.5. Pesticides and Worker Safety [12980 - 12988] ( Article 10.5 added by Stats. 1972, Ch. 794. )

    Verify source ↗

    The director must adopt regulations for pesticide worker safety, and the health department must help develop regulations tied to 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 10.5. Pesticides and Worker Safety [12980 - 12988] ( Article 10.5 added by Stats. 1972, Ch. 794. ) ## 12981. The director shall adopt regulations to carry out the provisions of this article. Such regulations shall include, but are not limited to, all of the following subjects: (a) Restricting worker reentry into areas treated with pesticides determined by the director to be hazardous to worker safety by using either or both of the following: (1) Time limits. (2) Pesticide residue levels on treated plant parts determined by scientific analysis to not be a significant factor in cholinesterase depression or other health effects. When the director has adopted regulations pursuant to both paragraphs (1) and (2), the person in control of the area treated with the pesticide shall have the option of following regulations adopted pursuant to either paragraph (1) or (2). If the person in control of the area treated with the pesticide chooses to follow regulations adopted pursuant to paragraph (2), the director may establish and charge the person a fee necessary to cover any costs of analysis or costs incurred by the director or commissioner in carrying out regulations adopted pursuant to paragraph (2). The regulations shall include a procedure for the collection of the fee, and the fee shall not exceed actual cost. (b) Handling of pesticides. (c) Hand washing facilities. (d) Farm storage and commercial warehousing of pesticides. (e) Protective devices, including, but not limited to, respirators and eyeglasses. (f) Posting, in English and Spanish, of fields, areas, adjacent areas or fields, or storage areas. The State Department of Health Services shall participate in the development of any regulations adopted pursuant to this article. Such regulations that relate to health effects shall be based upon the recommendations of the State Department of Health Services. The original written recommendations of the State Department of Health Services, any subsequent revisions of those recommendations, and the supporting evidence and data upon which the recommendations were based shall be made available upon request to any person. (Amended by Stats. 1980, Ch. 926. Effective September 18, 1980. Note: See this section as modified on July 17, 1991, in Governor's Reorganization Plan No. 1 of 1991.)
  65. 12982.

    ## 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 10.5. Pesticides and Worker Safety [12980 - 12988] ( Article 10.5 added by Stats. 1972, Ch. 794. )

    Verify source ↗

    The director and county commissioners must enforce this article and related regulations. Local health officers may help, and they must investigate pesticide-related health hazards and take necessary action to abate them.

    ## 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 10.5. Pesticides and Worker Safety [12980 - 12988] ( Article 10.5 added by Stats. 1972, Ch. 794. ) ## 12982. The director and the commissioner of each county under the direction and supervision of the director, shall enforce the provisions of this article and the regulations adopted pursuant to it. The local health officer may assist the director and the commissioner in the enforcement of the provisions of this article and any regulations adopted pursuant to it. The local health officer shall investigate any condition where a health hazard from pesticide use exists, and shall take necessary action, in cooperation with the commissioner, to abate the condition. The local health officer may call upon the State Department of Health Services for assistance pursuant to Section 105210 of the Health and Safety Code. (Amended by Stats. 1996, Ch. 1023, Sec. 53. Effective September 29, 1996.)
  66. 12985.

    ## 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 10.5. Pesticides and Worker Safety [12980 - 12988] ( Article 10.5 added by Stats. 1972, Ch. 794. )

    Verify source ↗

    A person who orders an employee into a posted area in violation of worker safety reentry requirements commits a misdemeanor.

    ## 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 10.5. Pesticides and Worker Safety [12980 - 12988] ( Article 10.5 added by Stats. 1972, Ch. 794. ) ## 12985. Any person who orders an employee to enter an area posted with a warning sign in violation of any worker safety reentry requirements promulgated pursuant to this article by the director is guilty of a misdemeanor. A violation of this article affecting any worker or workers constitutes a separate offense for each affected worker. (Added by Stats. 1985, Ch. 840, Sec. 2.)
  67. 12986.

    ## 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 10.5. Pesticides and Worker Safety [12980 - 12988] ( Article 10.5 added by Stats. 1972, Ch. 794. )

    Verify source ↗

    The director must approve training programs for people who handle or apply pesticides in aerial pest control operations.

    ## 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 10.5. Pesticides and Worker Safety [12980 - 12988] ( Article 10.5 added by Stats. 1972, Ch. 794. ) ## 12986. (a) The director shall approve programs for training persons who handle or apply pesticides in aerial pest control operations. The training programs shall be consistent with, but not limited to, this article and may include participation by trainees in field practices or exercises dealing with the safe handling and application of pesticides and may include performance measurement of the practices and exercises. (b) The approved training programs shall be conducted by industry qualified instructors. Industry qualified instructors are persons approved by the director. (c) All persons who successfully complete an approved training program shall be issued a certificate of completion by industry qualified instructors, which shall be available for inspection by the director or a commissioner, or his or her representative. When the person completing an approved training program attended the program at the request or expense of the person’s employer, the employer shall be provided a copy of the certificate of completion, which also shall be available for inspection by the director or a commissioner, or his or her representative. (Added by Stats. 1988, Ch. 746, Sec. 2.)
  68. 12987.

    ## 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 10.5. Pesticides and Worker Safety [12980 - 12988] ( Article 10.5 added by Stats. 1972, Ch. 794. )

    Verify source ↗

    The director may require pesticide registrants to submit data needed for the director’s duties under 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 10.5. Pesticides and Worker Safety [12980 - 12988] ( Article 10.5 added by Stats. 1972, Ch. 794. ) ## 12987. The director shall require registrants of pesticides to submit the data necessary to perform the director’s duties under this article. (Added by Stats. 1991, Ch. 274, Sec. 1.)
  69. 12988.

    ## 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 10.5. Pesticides and Worker Safety [12980 - 12988] ( Article 10.5 added by Stats. 1972, Ch. 794. )

    Verify source ↗

    A pesticide cannot be registered or reregistered unless the director determines the registrant has complied with 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 10.5. Pesticides and Worker Safety [12980 - 12988] ( Article 10.5 added by Stats. 1972, Ch. 794. ) ## 12988. No pesticide may be registered or reregistered unless the director determines that the registrant has complied with this article. (Added by Stats. 1991, Ch. 274, Sec. 2.)
  70. 12991.

    ## 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 11. Violations [12991 - 12995] ( Article 11 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section makes several pesticide-related practices unlawful, including misrepresentation, false promises, dishonest dealing, misleading ads, and improper handling of pesticides unless done under the director’s regulations. It also requires buyers to purchase agricultural-use pesticides only from licensed pest control dealers and keep purchase receipts for four years.

    ## 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 11. Violations [12991 - 12995] ( Article 11 enacted by Stats. 1967, Ch. 15. ) ## 12991. It is unlawful for any person, individually or through another, in connection with any substance or mixture of substances included within the scope of this chapter, to do any of the following: (a) Make any material or substantial misrepresentation. (b) Make any false promises of a character likely to influence, induce, or deceive. (c) Engage in illegitimate business or dishonest dealing. (d) Cause to be published or distributed any false or misleading literature, or cause to be displayed any false or misleading advertisement. (e) Use, store, transport, handle, or dispose of any pesticide, or of any container that holds or has held a pesticide, except in compliance with regulations of the director. (f) Purchase for use in this state a pesticide that is labeled for agricultural use except from a person licensed as a pest control dealer pursuant to Section 12107. Persons using those products shall retain receipts of the purchase of the products for four years and make the receipts available for inspection upon request of the director or the commissioner. (Amended by Stats. 1997, Ch. 695, Sec. 35. Effective January 1, 1998.)
  71. 12992.

    ## 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 11. Violations [12991 - 12995] ( Article 11 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    It is unlawful for any person to sell an adulterated or misbranded 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 11. Violations [12991 - 12995] ( Article 11 enacted by Stats. 1967, Ch. 15. ) ## 12992. It is unlawful for any person to sell any adulterated or misbranded pesticide. In any prosecution of any agent or dealer under this section it is a complete defense to prove that the adulterated or misbranded pesticide that is the basis of the prosecution was guaranteed by the party from whom the agent or dealer purchased it to be not adulterated or misbranded. (Amended by Stats. 1996, Ch. 361, Sec. 77. Effective January 1, 1997.)
  72. 12993.

    ## 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 11. Violations [12991 - 12995] ( Article 11 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    It is unlawful to manufacture, deliver, sell, or retail certain unregistered, suspended, or canceled pesticide-related products, subject to stated exceptions.

    ## 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 11. Violations [12991 - 12995] ( Article 11 enacted by Stats. 1967, Ch. 15. ) ## 12993. It is unlawful for any person to manufacture, deliver, or sell any pesticide or any substance or mixture of substances that is represented to be a pesticide, or to retail any formula for a pesticide in conjunction with the sale or gift of materials that are represented to be the essential ingredients necessary to constitute a pesticide, which is not registered pursuant to this chapter, or for which the registration has been suspended or canceled, except as provided in regulations adopted by the director or as provided in the notice or order of suspension or cancellation. This section, however, does not apply to any pesticide product of a registrant that is manufactured solely for export outside this state, and which is so exported. (Amended by Stats. 1996, Ch. 361, Sec. 78. Effective January 1, 1997.)
  73. 12994.

    ## 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 11. Violations [12991 - 12995] ( Article 11 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A person may not transport, destroy, or dispose of a quarantined pesticide unless the director has given written permission.

    ## 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 11. Violations [12991 - 12995] ( Article 11 enacted by Stats. 1967, Ch. 15. ) ## 12994. It is unlawful for any person to transport, destroy, or dispose of any quarantined pesticide, unless the person has received written permission from the director. (Amended by Stats. 1996, Ch. 361, Sec. 79. Effective January 1, 1997.)
  74. 12995.

    ## 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 11. Violations [12991 - 12995] ( Article 11 enacted by Stats. 1967, Ch. 15. )

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    A person must not possess or use a pesticide that is not registered, or whose registration has been suspended, unless an exception in director-adopted regulations or a suspension/cancellation notice or order applies.

    ## 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 11. Violations [12991 - 12995] ( Article 11 enacted by Stats. 1967, Ch. 15. ) ## 12995. Except as provided in regulations adopted by the director or as provided in the notice or order of suspension or cancellation, it is unlawful for any person, by himself or herself or through another, to possess or use any pesticide that is not registered pursuant to this chapter, or for which registration has been suspended. (Amended by Stats. 1996, Ch. 361, Sec. 80. Effective January 1, 1997.)
  75. 12996.

    ## 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 12. Penalties and Injunctive Relief [12996 - 13001] ( Heading of Article 12 amended by Stats. 1993, Ch. 624, Sec. 9. )

    Verify source ↗

    This section makes pesticide-related violations a misdemeanor and sets fines or jail/prison terms, with higher penalties for repeat convictions and for violations creating health or environmental hazards.

    ## 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 12. Penalties and Injunctive Relief [12996 - 13001] ( Heading of Article 12 amended by Stats. 1993, Ch. 624, Sec. 9. ) ## 12996. (a) Every person who violates any provision of this division relating to pesticides, or any regulation issued pursuant to a provision of this division relating to pesticides, 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 more than six months, or by both the fine and imprisonment. Upon a second or subsequent conviction of the same provision of this division relating to pesticides, a person shall be punished by a fine of not less than ten thousand dollars ($10,000) nor more than seventy-five thousand dollars ($75,000), or by imprisonment of not more than six months, or by both the fine and imprisonment. Each violation constitutes a separate offense. (b) Notwithstanding the penalties prescribed in subdivision (a), if the offense involves an intentional or negligent violation that created or reasonably could have created a hazard to human health or the environment, the convicted person shall be punished by imprisonment in a county jail not exceeding one year or in the state prison or by a fine of not less than fifteen thousand dollars ($15,000) nor more than one hundred thousand dollars ($100,000), or by both the fine and imprisonment. (c) This section does not apply to violations of Chapter 7.5 (commencing with Section 15300) or Section 13186.5. (Amended by Stats. 2022, Ch. 574, Sec. 4. (AB 211) Effective September 27, 2022.)
  76. 12996.5.

    ## 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 12. Penalties and Injunctive Relief [12996 - 13001] ( Heading of Article 12 amended by Stats. 1993, Ch. 624, Sec. 9. )

    Verify source ↗

    This section defines several pesticide-law terms and says each person’s pesticide exposure causing acute illness or injury counts as a separate violation if it results from specified violations or regulations.

    ## 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 12. Penalties and Injunctive Relief [12996 - 13001] ( Heading of Article 12 amended by Stats. 1993, Ch. 624, Sec. 9. ) ## 12996.5. (a) For the purposes of this chapter: (1) “Office” means the Office of Environmental Health Hazard Assessment. (2) “Department” means the Department of Pesticide Regulation. (3) “Certified Unified Program Agency” or “CUPA” means the agency certified by the Secretary for Environmental Protection to implement the unified program specified in Chapter 6.11 (commencing with Section 25404) of Division 20 of the Health and Safety Code within a jurisdiction. (4) “Agency” means the California Environmental Protection Agency. (5) “Nonoccupational” means that the person exposed to the pesticide was not at the time of the exposure performing work as an employee. (6) “Acute” means a medical condition that involves a sudden onset of symptoms due to an illness, injury, or other medical problem that requires prompt medical attention and that has a limited duration. (7) “Uncompensated medical care” means the cost of care not covered by any other program, including, but not limited to copayments for medical insurance, Healthy Families Program, or Medi-Cal. Reimbursed medical costs shall not exceed 125 percent of the Medi-Cal reimbursement rates. (b) The exposure of each person to a pesticide resulting from the violation of Section 12972 or 12973, or any regulation adopted pursuant to Section 12976, 12981, or 14005, that causes acute illnesses or injury, shall constitute a separate violation of the statute or regulation. (Added by Stats. 2004, Ch. 913, Sec. 1. Effective January 1, 2005.)
  77. 12997.

    ## 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 12. Penalties and Injunctive Relief [12996 - 13001] ( Heading of Article 12 amended by Stats. 1993, Ch. 624, Sec. 9. )

    Verify source ↗

    Instead of prosecuting a violation of this division as a misdemeanor, the director may pursue civil prosecution or civil penalties, and the commissioner may also levy civil penalties.

    ## 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 12. Penalties and Injunctive Relief [12996 - 13001] ( Heading of Article 12 amended by Stats. 1993, Ch. 624, Sec. 9. ) ## 12997. In lieu of seeking prosecution of any violation of this division as a misdemeanor, and the penalty prescribed in Section 12996, the director may prosecute civilly pursuant to Sections 12998 and 12999, or may levy civil penalties pursuant to Section 12999.4 or the commissioner may levy civil penalties pursuant to Section 12999.5. (Amended by Stats. 1989, Ch. 843, Sec. 2.)
  78. 12997.5.

    ## 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 12. Penalties and Injunctive Relief [12996 - 13001] ( Heading of Article 12 amended by Stats. 1993, Ch. 624, Sec. 9. )

    Verify source ↗

    People who violate pesticide rules in this division and cause certain injuries must cover emergency medical costs, and they may also have to file a payment plan with 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 2. Pesticides [12751 - 13192] ( Heading of Chapter 2 amended by Stats. 1996, Ch. 361, Sec. 26. ) ## ARTICLE 12. Penalties and Injunctive Relief [12996 - 13001] ( Heading of Article 12 amended by Stats. 1993, Ch. 624, Sec. 9. ) ## 12997.5. (a) In addition to any penalties paid in connection with an enforcement action taken pursuant to Sections 12996, 12997, 12999, and 12999.5, any person who is found in violation of any provision of this division related to pesticides or any regulation related to pesticides adopted pursuant to this division that results in illness or injury requiring emergency medical transport or immediate medical treatment of any individual in a nonoccupational setting from any pesticide used in the production of an agricultural commodity, shall be liable to the individual harmed or to the medical provider for the immediate costs of uncompensated medical care from acute injuries and illnesses of the exposed individual. (b) Any order issued in connection with a finding of a violation as described in subdivision (a) shall include the obligation to reimburse medical costs from acute illnesses and injuries of any individual requiring immediate medical treatment as a consequence of this violation to the injured individuals or their medical providers. (c) Any person found in violation of this section shall submit to the director within 30 days of the final determination of liability, a written plan on how they will pay individuals and medical providers for the emergency medical transport and the immediate medical costs from acute medical injuries and illnesses of all individuals requiring immediate medical treatment as a consequence of the violation. A person alleged to have violated subdivision (a) may voluntarily submit a written plan pursuant to this section prior to the determination of liability. The contents of the voluntary plan shall not be held against the person in any action to determine whether the person violated those provisions. (d) Any violation of this section shall be subject to the criminal and civil sanctions and penalties set forth in this division. (e) Payment of emergency medical costs pursuant to this section shall not preclude an affected person from filing a civil action for injuries, illnesses, or costs related to the incident. Any damage award associated with a civil action related to the incident shall be reduced by the amount the plaintiff received from this section. (f) Payment of emergency medical costs pursuant to this section shall not be held against the person in any action to determine whether the person violated those provisions. (g) For any person who provides for the immediate reimbursement of medical costs for acute medical illnesses and injuries prior to a final determination by the department, the director or agricultural commissioner may reduce, by not more than 50 percent, the fines imposed pursuant to Section 12996.5. This reduction shall not limit the responsible party’s financial obligation under this section. The department or agricultural commissioner shall attempt to complete the determination within 45 days of the incident. (Added by Stats. 2004, Ch. 913, Sec. 2. Effective January 1, 2005.)
  79. 12997.7.

    ## 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 12. Penalties and Injunctive Relief [12996 - 13001] ( Heading of Article 12 amended by Stats. 1993, Ch. 624, Sec. 9. )

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    This section requires the agency and local response bodies to create and update pesticide-drift emergency protocols and area plans.

    ## 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 12. Penalties and Injunctive Relief [12996 - 13001] ( Heading of Article 12 amended by Stats. 1993, Ch. 624, Sec. 9. ) ## 12997.7. (a) The agency, in consultation with the department, the office, county agricultural commissioners, local health officers, CUPAs, and affected community members, shall by August 31, 2005, establish minimum standard protocols for the purposes of amending area plans. (b) The protocols shall include, but not be limited to, all of the following: (1) Protocols for requesting and providing immediate access to pesticide-specific information necessary to assist emergency medical services personnel in identifying pesticides that may be causing a pesticide drift exposure incident and appropriate treatments. (2) Protocols to delineate specific agency responsibilities and the process for responding to calls, notifying residents, and coordinating evacuation, if needed. (3) Protocols to establish emergency shelter procedures and locations to be used in the event evacuation is needed. (4) Protocols to access services in all languages known to be spoken in the affected area in accordance with Section 11135 of the Government Code. (5) Protocols to ensure access to health care within 24 hours of the exposure and up to a week after the exposure. (6) Protocols to notify medical providers regarding eligibility for reimbursement pursuant to Section 12997.5. (c) The CUPA or administering agency shall amend the area plan for emergency response, pursuant to subdivision (c) of Section 25503, to specifically address pesticide drift exposure and to incorporate provisions of the protocols of subdivision (b). (d) Upon the next scheduled update of the area plan, all CUPAs shall have incorporated a pesticide drift component into their area plan. (e) The minimum standard protocols developed under subdivision (a) shall be in accordance with the California Environmental Protection Agency’s guidelines. (Added by Stats. 2004, Ch. 913, Sec. 3. Effective January 1, 2005.)
  80. 12997.8.

    ## 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 12. Penalties and Injunctive Relief [12996 - 13001] ( Heading of Article 12 amended by Stats. 1993, Ch. 624, Sec. 9. )

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    A person who illegally sells or uses certain anticoagulant rodenticides can face a civil penalty of up to $25,000 per day for each violation, and the court may also stop the unlawful conduct and order specific performance needed to protect people, animals, crops, or property.

    ## 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 12. Penalties and Injunctive Relief [12996 - 13001] ( Heading of Article 12 amended by Stats. 1993, Ch. 624, Sec. 9. ) ## 12997.8. (a) (1) A person who sells or uses a first-generation anticoagulant rodenticide or second-generation anticoagulant rodenticide in violation of Section 12978.7 or any regulations adopted pursuant to that section is liable for a civil penalty not to exceed twenty-five thousand dollars ($25,000) per day for each violation, in addition to any other penalty established by law. (2) In an action brought pursuant to paragraph (1), the court may enjoin the unlawful sale or use of a first-generation anticoagulant rodenticide or second-generation anticoagulant rodenticide, and may compel specific performance of an act or course of conduct necessary to protect a person, animal, crop, or property. (b) (1) Civil penalties recovered pursuant to this section shall be deposited into the Department of Pesticide Regulation Fund, and shall be available for expenditure to cover the department’s costs in administering and enforcing this section and Section 12978.7. (2) Any remaining civil penalties, after covering the costs described in paragraph (1), shall be available for expenditure for the purposes described in Section 6027.1. (Added by Stats. 2024, Ch. 571, Sec. 3. (AB 2552) Effective January 1, 2025.)
  81. 12998.

    ## 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 12. Penalties and Injunctive Relief [12996 - 13001] ( Heading of Article 12 amended by Stats. 1993, Ch. 624, Sec. 9. )

    Verify source ↗

    People who violate pesticide-related rules can be hit with civil penalties, and repeat or especially risky intentional violations face higher amounts.

    ## 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 12. Penalties and Injunctive Relief [12996 - 13001] ( Heading of Article 12 amended by Stats. 1993, Ch. 624, Sec. 9. ) ## 12998. Any person who violates this division relating to pesticides or structural pest control devices, or any regulation issued pursuant to a provision of this division relating to pesticides or structural pest control devices, 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 person who commits a second or subsequent violation that is the same as a prior violation or similar to a prior violation or whose intentional violation resulted or reasonably could have resulted in the creation of a hazard to human health or the environment or in the disruption of the market of the crop or commodity involved, is liable civilly in an amount not less than fifteen thousand dollars ($15,000) nor more than seventy-five thousand dollars ($75,000) 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 this division, and Division 6 (commencing with Section 11401). (Amended by Stats. 2022, Ch. 574, Sec. 5. (AB 211) Effective September 27, 2022.)
  82. 12999.

    ## 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 12. Penalties and Injunctive Relief [12996 - 13001] ( Heading of Article 12 amended by Stats. 1993, Ch. 624, Sec. 9. )

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    The Attorney General may seek civil penalties against people who violate this division or regulations under 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 2. Pesticides [12751 - 13192] ( Heading of Chapter 2 amended by Stats. 1996, Ch. 361, Sec. 26. ) ## ARTICLE 12. Penalties and Injunctive Relief [12996 - 13001] ( Heading of Article 12 amended by Stats. 1993, Ch. 624, Sec. 9. ) ## 12999. Upon a complaint by the director, or by the Structural Pest Control Board in the case of violations of Chapter 7.5 (commencing with Section 15300) or regulations adopted pursuant to that chapter relating to structural pest control devices, 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 or her own initiative if, after examining the complaint and the evidence, he or she believes a violation has occurred. (Amended by Stats. 1998, Ch. 651, Sec. 6. Effective January 1, 1999.)
  83. 12999.2.

    ## 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 12. Penalties and Injunctive Relief [12996 - 13001] ( Heading of Article 12 amended by Stats. 1993, Ch. 624, Sec. 9. )

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    The remedies or penalties under this division are additional to those available under other law.

    ## 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 12. Penalties and Injunctive Relief [12996 - 13001] ( Heading of Article 12 amended by Stats. 1993, Ch. 624, Sec. 9. ) ## 12999.2. The remedies or penalties provided by this division are in addition to the remedies or penalties available under any other law. (Added by Stats. 1998, Ch. 651, Sec. 7. Effective January 1, 1999.)
  84. 12999.4.

    ## 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 12. Penalties and Injunctive Relief [12996 - 13001] ( Heading of Article 12 amended by Stats. 1993, Ch. 624, Sec. 9. )

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    The director may levy a civil penalty of up to $15,000 per violation for certain pesticide-related violations, with notice, hearing, and review procedures.

    ## 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 12. Penalties and Injunctive Relief [12996 - 13001] ( Heading of Article 12 amended by Stats. 1993, Ch. 624, Sec. 9. ) ## 12999.4. (a) In lieu of civil prosecution by the director, the director may levy a civil penalty against a person violating subdivision (d) or (e) of Section 11792, Sections 12101, 12101.5, 12114, 12115, 12116, 12581, 12603, 12671, 12992, and 12993, Chapter 10 (commencing with Section 12400) of Division 6, Article 4.5 (commencing with Section 12841), Section 13186.5, Chapter 7.5 (commencing with Section 15300), or the regulations adopted pursuant to those provisions, and Sections 6560, 6562, 6564, 6568, 6574, 6576, and 6577 of Title 3 of the California Code of Regulations, of not more than fifteen thousand dollars ($15,000) for each violation. (b) Before a civil penalty is levied, the person charged with the violation shall be given a written notice of the proposed action, including the nature of the violation and the amount of the proposed penalty, and shall have the right to request a hearing within 20 days after receiving notice of the proposed action. A notice of the proposed action that is sent by certified mail to the last known address of the person charged shall be considered received even if delivery is refused or the notice is not accepted at that address. If a hearing is requested, notice of the time and place of the hearing shall be given at least 10 days before the date set for the hearing. Before the hearing, the person shall be given an opportunity to review the director’s evidence. At the hearing, the person shall be given the opportunity to present evidence on their own behalf. If a hearing is not timely requested, the director may take the action proposed without a hearing. (c) If the person against whom the director levied a civil penalty requested and appeared at a hearing, the person may seek review of the director’s decision within 30 days of the date of the decision pursuant to Section 1094.5 of the Code of Civil Procedure. (d) After the exhaustion of the review procedure provided in this section, the director, or the director’s representative, may file a certified copy of a final decision of the director that directs the payment of a civil penalty and, if applicable, any order that denies a petition for a writ of administrative mandamus, with the clerk of the superior court of any county. Judgment shall be entered immediately by the clerk in conformity with the decision or order. Pursuant to Section 6103 of the Government Code, the clerk of the superior court shall not charge a fee for the performance of any official service required in connection with the entry of judgment pursuant to this section. (e) Any money recovered under this section shall be paid into the Department of Pesticide Regulation Fund for use by the department, upon appropriation by the Legislature, in administering this division and Division 6 (commencing with Section 11401). (Amended by Stats. 2024, Ch. 60, Sec. 22. (AB 2113) Effective July 2, 2024.)
  85. 12999.5.

    ## 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 12. Penalties and Injunctive Relief [12996 - 13001] ( Heading of Article 12 amended by Stats. 1993, Ch. 624, Sec. 9. )

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    This section lets the county agricultural commissioner impose civil penalties for certain pesticide- and related violations, sets a special fee after certain Class A school-area pesticide-drift violations, and provides notice, hearing, appeal, and court-enforcement procedures.

    ## 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 12. Penalties and Injunctive Relief [12996 - 13001] ( Heading of Article 12 amended by Stats. 1993, Ch. 624, Sec. 9. ) ## 12999.5. (a) In lieu of civil prosecution by the director, the county agricultural commissioner may levy a civil penalty against a person violating Division 6 (commencing with Section 11401), Article 10 (commencing with Section 12971) or Article 10.5 (commencing with Section 12980) of this chapter, Section 12995, Article 1 (commencing with Section 14001) of Chapter 3, Chapter 3.7 (commencing with Section 14160), Chapter 7.5 (commencing with Section 15300), Section 29102, or a regulation adopted pursuant to any of these provisions, of not more than three thousand dollars ($3,000) for each violation. Any violation determined by the county agricultural commissioner to be a Class A violation as defined in Section 6130 of Title 3 of the California Code of Regulations is subject to a fine of not more than fifteen thousand dollars ($15,000) for each violation. It is unlawful and grounds for denial of a permit under Section 14008 for a person to refuse or neglect to pay a civil penalty levied pursuant to this section once the order is final. (b) If a person has received a civil penalty for pesticide drift in a school area subject to Section 11503.5 that results in a Class A violation as defined in subdivision (a), the county agricultural commissioner shall charge a fee, not to exceed fifty dollars ($50), for processing and monitoring each subsequent pesticide application that may pose a risk of pesticide drift made in a school area subject to Section 11503.5. The county agricultural commissioner shall continue to impose the fee for each subsequent application that may pose a risk of drift, until the person has completed 24 months without another Class A violation as defined in subdivision (a). (c) Before a civil penalty is levied, the person charged with the violation shall be given a written notice of the proposed action, including the nature of the violation and the amount of the proposed penalty, and may have a hearing within 20 days after receiving notice of the proposed action. A notice of the proposed action that is sent by certified mail to the last known address of the person charged shall be considered received even if delivery is refused or the notice is not accepted at that address. If a hearing is requested, notice of the time and place of the hearing shall be given at least 10 days before the date set for the hearing. At the hearing, the person shall be given an opportunity to review the county agricultural commissioner’s evidence and to present evidence on their own behalf. If a hearing is not timely requested, the county agricultural commissioner may take the action proposed without a hearing. (d) If the person on whom the county agricultural commissioner levied a civil penalty requested and appeared at a hearing, the person may appeal the county agricultural commissioner’s decision to the director within 30 days of the date of receiving a copy of the county agricultural commissioner’s decision. The following procedures apply to the appeal: (1) The appeal shall be in writing and signed by the appellant or their authorized agent, state the grounds for the appeal, and include a copy of the county agricultural commissioner’s decision. The appellant shall file a copy of the appeal with the county agricultural commissioner at the same time it is filed with the director. (2) The appellant and the county agricultural commissioner may, at the time of filing the appeal or within 10 days thereafter or at a later time prescribed by the director, present the record of the hearing, including written evidence that was submitted at the hearing, and a written argument to the director stating grounds for affirming, modifying, or reversing the county agricultural commissioner’s decision. (3) The director may grant oral arguments upon application made at the time written arguments are filed. (4) If an application to present an oral argument is granted, written notice of the time and place for the oral argument shall be given at least 10 days before the date set for the oral argument. The times may be altered by mutual agreement of the appellant, the county agricultural commissioner, and the director. (5) The director shall decide the appeal on the record of the hearing, including the written evidence and the written argument described in paragraph (2), that the director has received. If the director finds substantial evidence in the record to support the county agricultural commissioner’s decision, the director shall affirm the decision. (6) The director shall render a written decision within 45 days of the date of appeal or within 15 days of the date of oral arguments or as soon thereafter as practical. (7) On an appeal pursuant to this section, the director may affirm the county agricultural commissioner’s decision, modify the county agricultural commissioner’s decision by reducing or increasing the amount of the penalty levied so that it is within the director’s guidelines for imposing civil penalties, or reverse the county agricultural commissioner’s decision. A civil penalty increased by the director shall not be higher than that proposed in the county agricultural commissioner’s notice of proposed action given pursuant to subdivision (c). A copy of the director’s decision shall be delivered or mailed to the appellant and the county agricultural commissioner. (8) Any person who does not request a hearing pursuant to subdivision (c) may not file an appeal pursuant to this subdivision. (9) Review of a decision of the director may be sought by the appellant within 30 days of the date of the decision pursuant to Section 1094.5 of the Code of Civil Procedure. (e) The county agricultural commissioner may levy a civil penalty pursuant to subdivisions (a), (c), and (d) against a person violating paragraph (1), (2), or (8) of subdivision (a) of Section 1695 of the Labor Code, that pertains to registration with the county agricultural commissioner, carrying proof of that registration, and filing changes of address with the county agricultural commissioner. (f) After the exhaustion of the appeal and review procedures provided in this section, the county agricultural commissioner or their representative may file a certified copy of a final decision of the county agricultural commissioner that directs the payment of a civil penalty and, if applicable, a copy of any decision of the director or their authorized representative rendered on an appeal from the county agricultural commissioner’s decision and a copy of any order that denies a petition for a writ of administrative mandamus, with the clerk of the superior court of any county. Judgment shall be entered immediately by the clerk in conformity with the decision or order. Fees shall not be charged by the clerk of the superior court for the performance of official service required in connection with the entry of judgment pursuant to this section. (Amended by Stats. 2023, Ch. 854, Sec. 1. (AB 1752) Effective January 1, 2024.)
  86. 12999.6.

    ## 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 12. Penalties and Injunctive Relief [12996 - 13001] ( Heading of Article 12 amended by Stats. 1993, Ch. 624, Sec. 9. )

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    This section lets the director impose certain civil penalties, refer violations, and handle enforcement and review procedures, with specific notice, hearing, and filing rules.

    ## 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 12. Penalties and Injunctive Relief [12996 - 13001] ( Heading of Article 12 amended by Stats. 1993, Ch. 624, Sec. 9. ) ## 12999.6. (a) For purposes of this section, the following terms have the following meanings: (1) “Multijurisdictional priority investigation” means a priority investigation involving more than one county or a priority investigation involving a person that is the subject of priority investigations in more than one county. (2) “Priority investigation” has the same meaning as in the 2005 Cooperative Agreement, or the most current version of the Cooperative Agreement, between the department, the California Agricultural Commissioners and Sealers Association, and the United States Environmental Protection Agency, Region 9. (b) In lieu of a civil penalty levied by the county agricultural commissioner, the director may levy a civil penalty of not more than twenty thousand dollars ($20,000) for each violation described in subdivision (c), or may refer any of those violations to the proper enforcement agency, including the district attorney of the county where the violations occurred or the Attorney General. (c) The director may initiate and maintain an enforcement action for a violation of a statute or implementing regulation described in Section 12999.5 meeting any of the following conditions: (1) Where the county agricultural commissioner and director agree that enforcement by the department is appropriate. (2) After consultation with the county agricultural commissioner for either of the following violations: (A) A violation related to a multijurisdictional priority investigation involving human or environmental health effects. (B) A violation that caused a health, property, or environmental hazard where the director finds the county agricultural commissioner has failed to discharge their duties pursuant to Section 2281. (d) Before a civil penalty is levied, the person charged with the violation shall be given a written notice of the proposed action, including the nature of the violation and the amount of the proposed penalty, and shall have the right to request a hearing within 20 days after receiving notice of the proposed action. A notice of the proposed action that is sent by certified mail to the last known address of the person charged shall be considered received even if delivery is refused or the notice is not accepted at that address. If a hearing is requested, notice of the time and place of the hearing shall be given at least 10 days before the date set for the hearing. Before the hearing, the person shall be given an opportunity to review the director’s evidence. At the hearing, the person shall be given the opportunity to present evidence on their own behalf. If a hearing is not timely requested, the director may take the action proposed without a hearing. (e) If the person against whom the director levied a civil penalty requested and appeared at a hearing, the person may seek judicial review of the director’s decision within 30 days of the date of the decision pursuant to Section 1094.5 of the Code of Civil Procedure. (f) After exhaustion of the review procedures provided in this section, the director, or the director’s representative, may file a certified copy of a final decision of the director that directs the payment of a civil penalty and, if applicable, any order that denies a petition for writ of administrative mandamus, with the clerk of the superior court of any county. Judgment shall be entered immediately by the clerk in conformity with the decision or order. Pursuant to Section 6103 of the Government Code, the clerk of the superior court shall not charge a fee for the performance of any official service required in connection with the entry of judgment pursuant to this section. (g) Any money recovered under this section shall be paid to the investigating county agricultural commissioner to reimburse the cost of the investigation with the remainder going into the Department of Pesticide Regulation Fund for use by the department, upon appropriation, in administering this division and Division 6 (commencing with Section 11401). (h) This section shall only apply to violations that occur on or after January 1, 2023. (Added by Stats. 2022, Ch. 574, Sec. 8. (AB 211) Effective September 27, 2022.)
  87. 13.

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

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    A duly authorized deputy, inspector, or agent may exercise a power or authority given by the code to a person.

    ## Food and Agricultural Code - FAC ## GENERAL PROVISIONS AND DEFINITIONS ( General Provisions enacted by Stats. 1967, Ch. 15. ) ## 13. Whenever any power or authority is given by this code to any person, it may be exercised by any deputy, inspector, or agent who is duly authorized by him. (Enacted by Stats. 1967, Ch. 15.)
  88. 13000.

    ## 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 12. Penalties and Injunctive Relief [12996 - 13001] ( Heading of Article 12 amended by Stats. 1993, Ch. 624, Sec. 9. )

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    This section sets deadlines for when certain enforcement actions under the article must be started.

    ## 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 12. Penalties and Injunctive Relief [12996 - 13001] ( Heading of Article 12 amended by Stats. 1993, Ch. 624, Sec. 9. ) ## 13000. (a) Except as provided in subdivisions (b) and (c), an action brought pursuant to this article shall be commenced by the director, the commissioner, the Attorney General, the district attorney, the city prosecutor, or the city attorney, as the case may be, within three years of the occurrence of the violation. (b) When a commissioner submits a completed investigation to the director for action by the director or the Attorney General, the action shall be commenced within one year of that submission. However, this subdivision does not preclude the director from returning the investigation to the commissioner for action to be commenced by the commissioner, the district attorney, the city prosecutor, or the city attorney, as provided in subdivision (a). (c) (1) An action brought by the director to collect unpaid mill assessments and delinquent fees required by Article 4.5 (commencing with Section 12841) or an action brought by the director to collect civil penalties pursuant to Section 12999.4 for violations of Article 4.5 (commencing with Section 12841), Section 12992, Section 12993, or Section 12995 shall be commenced within four years of the occurrence of the violation, except as provided in paragraph (2). (2) An action brought by the director pursuant to Section 12999.4 or 12998 for violations of Article 4.5 (commencing with Section 12841) or Section 12992, 12993, or 12995 that are discovered during the course of an audit performed pursuant to Section 12842 shall be commenced within two years from the date of audit completion and may be brought for a violation occurring within four years of the commencement of the audit. (Amended by Stats. 2024, Ch. 60, Sec. 23. (AB 2113) Effective July 2, 2024.)
  89. 13000.1.

    ## 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 12. Penalties and Injunctive Relief [12996 - 13001] ( Heading of Article 12 amended by Stats. 1993, Ch. 624, Sec. 9. )

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    The commissioner or director may ask a superior court to stop a violation or threatened violation of an order under this division, and the court may also order specific performance.

    ## 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 12. Penalties and Injunctive Relief [12996 - 13001] ( Heading of Article 12 amended by Stats. 1993, Ch. 624, Sec. 9. ) ## 13000.1. 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. 10. Effective January 1, 1994.)
  90. 13001.

    ## 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 12. Penalties and Injunctive Relief [12996 - 13001] ( Heading of Article 12 amended by Stats. 1993, Ch. 624, Sec. 9. )

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    The director may set inflation-based adjustments for certain civil monetary penalties by regulation, and must use the EPA’s inflation-adjustment formula.

    ## 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 12. Penalties and Injunctive Relief [12996 - 13001] ( Heading of Article 12 amended by Stats. 1993, Ch. 624, Sec. 9. ) ## 13001. The director may, by regulation, adjust the level of statutory minimum and maximum civil monetary penalties provided under this article and in Section 11893 to account for inflation. The director shall make inflation adjustments consistent with the formula used by the United States Environmental Protection Agency pursuant to federal law for civil monetary penalties inflation adjustment for civil penalties provided under the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. Sec. 135 et seq.). (Added by Stats. 2022, Ch. 574, Sec. 9. (AB 211) Effective September 27, 2022.)
  91. 13101.

    ## 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 13. Cease and Desist [13101 - 13102] ( Article 13 added by Stats. 1978, Ch. 1051. )

    Verify source ↗

    If the director finds a pesticide violation is happening or about to happen and it creates an immediate hazard or irreparable damage, the director may order the responsible persons to stop the violation.

    ## 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 13. Cease and Desist [13101 - 13102] ( Article 13 added by Stats. 1978, Ch. 1051. ) ## 13101. 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 that activity to cease and desist from further commission of the violation. (Amended by Stats. 1996, Ch. 361, Sec. 81. Effective January 1, 1997.)
  92. 13102.

    ## 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 13. Cease and Desist [13101 - 13102] ( Article 13 added by Stats. 1978, Ch. 1051. )

    Verify source ↗

    An agricultural commissioner may order responsible persons to stop pesticide violations or imminent violations when they pose an immediate hazard or irreparable damage. A person aggrieved by the order may appeal to 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 2. Pesticides [12751 - 13192] ( Heading of Chapter 2 amended by Stats. 1996, Ch. 361, Sec. 26. ) ## ARTICLE 13. Cease and Desist [13101 - 13102] ( Article 13 added by Stats. 1978, Ch. 1051. ) ## 13102. 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 that 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. 82. Effective January 1, 1997.)
  93. 13121.

    ## 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 14. Birth Defect Prevention [13121 - 13135] ( Article 14 added by Stats. 1984, Ch. 669, Sec. 1. )

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    This article may be cited as the Birth Defect Prevention Act of 1984.

    ## 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 14. Birth Defect Prevention [13121 - 13135] ( Article 14 added by Stats. 1984, Ch. 669, Sec. 1. ) ## 13121. This article shall be known and may be cited as the Birth Defect Prevention Act of 1984. (Added by Stats. 1984, Ch. 669, Sec. 1.)
  94. 13122.

    ## 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 14. Birth Defect Prevention [13121 - 13135] ( Article 14 added by Stats. 1984, Ch. 669, Sec. 1. )

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    The Legislature says this chapter is intended to prevent pesticide-induced abortions, birth defects, and infertility.

    ## 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 14. Birth Defect Prevention [13121 - 13135] ( Article 14 added by Stats. 1984, Ch. 669, Sec. 1. ) ## 13122. It is the purpose of the Legislature in enacting this chapter to prevent pesticide induced abortions, birth defects, and infertility. (Added by Stats. 1984, Ch. 669, Sec. 1.)
  95. 13123.

    ## 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 14. Birth Defect Prevention [13121 - 13135] ( Article 14 added by Stats. 1984, Ch. 669, Sec. 1. )

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    This section defines technical terms used in this chapter about pesticides and birth defect prevention.

    ## 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 14. Birth Defect Prevention [13121 - 13135] ( Article 14 added by Stats. 1984, Ch. 669, Sec. 1. ) ## 13123. For purposes of this chapter, the following terms mean: (a) “Adverse reproductive effect” means a statistically significant adverse effect on parental reproductive performance and the growth and development of offspring, including gonadal function, conception, and parturition; abortions; birth defects; stillbirths; and resorptions. (b) “Data gap” means that the department does not have on file a full set of valid mandatory health effects studies. (c) “Mandatory health effects study” means adverse reproductive effect, chronic toxicity, mutagenicity, neurotoxicity, oncogenicity, and teratogenicity studies required for full registration or licensing of pesticides in California, as of July 1, 1983. (d) “Teratogenic” means the property of a substance or mixture of substances to produce or induce functional deviations or developmental anomalies, not heritable, in or on an animal embryo or fetus. (e) “Mutagenic effect” means the property of a substance or mixture of substances to induce changes in the genetic complement of either somatic or germinal tissue in subsequent generations. (f) “Chronic toxicity” means the property of a substance or mixture of substances to cause adverse effects in an organism upon repeated or continuous exposure over a period of at least one-half the lifetime of that organism. (g) “Oncogenic” means the property of a substance or a mixture of substances to produce or induce benign or malignant tumor formations in living animals. (h) “Neurotoxic effect” means any adverse effect on the nervous system such as delayed-onset locomotor ataxia resulting from single administration of the test substance, repeated once if necessary. (i) “Initiation” means that the mandatory health effects study or any necessary preliminary studies, such as pilot studies or range finding studies, have been commenced. (j) “Data generator” means a person who has completed and filed with the director a data commitment status report. (k) “Completion” means that the study has been finished, the data has been analyzed, and the final report of the results, including all exhibits, has been prepared and submitted to the department. (l) “Submitted” means deliverance of a completed study to the department. A study shall be deemed to be submitted until it has been determined by the department to be unacceptable and not capable of being upgraded. (m) “Suspend” means the director has issued a notice of intent to suspend the registration of a pesticide product. The director shall issue a suspension order at the earliest possible time. (Amended by Stats. 1992, Ch. 706, Sec. 13. Effective September 15, 1992.)
  96. 13123.5.

    ## 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 14. Birth Defect Prevention [13121 - 13135] ( Article 14 added by Stats. 1984, Ch. 669, Sec. 1. )

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    Health effects studies should be conducted, to the extent feasible, under standards and protocols established under the Federal Insecticide, Fungicide, and Rodenticide Act.

    ## 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 14. Birth Defect Prevention [13121 - 13135] ( Article 14 added by Stats. 1984, Ch. 669, Sec. 1. ) ## 13123.5. To the extent feasible, health effects studies shall be conducted in accordance with standards and protocols established pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. Sec. 135 et seq.). (Added by Stats. 1984, Ch. 669, Sec. 1.)
  97. 13126.

    ## 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 14. Birth Defect Prevention [13121 - 13135] ( Article 14 added by Stats. 1984, Ch. 669, Sec. 1. )

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    A new active pesticide ingredient cannot be conditionally registered or licensed if required health effects studies are missing, incomplete, or of questionable validity, unless there was prior consultation with the State Director of Health Services and the Director of Industrial Relations.

    ## 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 14. Birth Defect Prevention [13121 - 13135] ( Article 14 added by Stats. 1984, Ch. 669, Sec. 1. ) ## 13126. No new active pesticide ingredient shall be conditionally registered or licensed when any of the mandatory health effects studies, as defined in subdivision (c) of Section 13123, is missing, incomplete, or of questionable validity unless the registration is based on previous consultation with the State Director of Health Services and the Director of Industrial Relations. (Added by Stats. 1984, Ch. 669, Sec. 1. Note: See this section as modified on July 17, 1991, in Governor's Reorganization Plan No. 1 of 1991.)
  98. 13127.

    ## 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 14. Birth Defect Prevention [13121 - 13135] ( Article 14 added by Stats. 1984, Ch. 669, Sec. 1. )

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    The department and director must identify pesticide active ingredients with major data gaps, notify registrants, set and follow timetables for filling data gaps, and handle exemptions and notice requirements.

    ## 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 14. Birth Defect Prevention [13121 - 13135] ( Article 14 added by Stats. 1984, Ch. 669, Sec. 1. ) ## 13127. (a) Not later than December 31, 1985, the department shall identify 200 pesticide active ingredients which the department determines have the most significant data gaps and widespread use and which are suspected to be hazardous to people. Not later than 30 days after the report issued pursuant to former Section 13125, as added by Chapter 669 of the Statutes of 1984, the department shall notify each registrant of a pesticide product containing any of the identified 200 pesticide active ingredients of the applicable data gap required to be filled pursuant to this section. (b) Not later than December 31, 1985, the department shall also adopt a timetable for the filling of all data gaps on all pesticide active ingredients, other than those identified by the department pursuant to subdivision (a), which are currently registered or licensed in California. The department shall notify registrants of the applicable data gaps and the scheduled time to initiate and complete studies as provided in the timetable. (c) (1) Not later than September 1, 1986, the department shall determine whether a test has been initiated to fill each of the data gaps for each pesticide active ingredient identified in subdivision (a). If no test has been initiated, the department shall fill data gaps in accordance with procedures provided in subparagraph (B) of paragraph (2) of subsection (c) of Section 136a of Title 7 of the United States Code. In order to carry out this section, the director has the same authority to require information from registrants of active pesticide ingredients and to suspend registration that the Administrator of the Environmental Protection Agency has pursuant to subparagraph (B) of paragraph (2) of subsection (c) of Section 136a of Title 7 of the United States Code. If a hearing is requested regarding the proposed suspension of registration, it shall be conducted pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. On or before July 1, 1986, the director shall, by regulation, prescribe procedures for resolving disputes or funding the filling of data gaps. The procedures may include mediation and arbitration. The arbitration procedures, insofar as practical, shall be consistent with the federal act, or otherwise shall be in accordance with the commercial arbitration rules established by the American Arbitration Association. The procedures shall be established so as to resolve any dispute within the timetable established in subdivision (a). (2) The department shall also obtain the data which is identified in subdivision (b), according to the timetable and procedures specified in this section. (d) The director shall review the timetable established by the Environmental Protection Agency for the accelerated registration program under amendments effective in 1989 to the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. Sec. 136 et seq.). (e) (1) This section does not apply to any product which the director determines has limited use or that substantial economic hardship would result to users due to unavailability of the product and there is not significant exposure to the public or workers and the product is otherwise in compliance with federal law. (2) The director may not, pursuant to this subdivision, exempt all pesticide products containing the same pesticide active ingredient unless it is determined that the pesticide active ingredient has only limited use, there is insignificant exposure to workers or the public, and the products are otherwise in compliance with federal law. Any exemption issued pursuant to this paragraph shall expire at the end of three years after it is issued. (f) (1) Whenever the director exercises the authority provided in paragraph (1) of subdivision (e), he or she shall give public notice of the action stating the reasons for exempting the pesticide product from the data requirements of this article. Copies of this notice shall be provided to the appropriate policy committees of the Legislature. (2) Whenever the director acts pursuant to paragraph (2) of subdivision (e), the director shall furnish not less than 30 days’ public notice of the proposed action, stating the reasons for exempting the pesticide product from the data requirements of this article and allowing public comment thereon. Copies of the notice and the final decision shall be provided to the appropriate policy committees of the Legislature. (Amended by Stats. 2004, Ch. 193, Sec. 27. Effective January 1, 2005.)
  99. 13127.2.

    ## 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 14. Birth Defect Prevention [13121 - 13135] ( Article 14 added by Stats. 1984, Ch. 669, Sec. 1. )

    Verify source ↗

    The director must give notice of impending suspension for certain pesticide registrations, and the data generator or registrant may seek deferral within 30 days. If the petition is denied, the director must suspend the 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 14. Birth Defect Prevention [13121 - 13135] ( Article 14 added by Stats. 1984, Ch. 669, Sec. 1. ) ## 13127.2. The director shall, on January 15, 1992, issue a notice of the impending suspension of the registration of any pesticide product containing an active ingredient identified pursuant to subdivision (a) of Section 13127 for which the registrant has not submitted the required data by December 31, 1991. The data generator or registrant may petition the director within 30 days of notification of impending suspension of registration for deferral of the suspension pursuant to Section 13127.3. The director shall act upon such a petition at the earliest possible time and, upon denial of the petition, suspend the registration of each such product. (Amended by Stats. 1992, Ch. 706, Sec. 14. Effective September 15, 1992.)
  100. 13127.3.

    ## 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 14. Birth Defect Prevention [13121 - 13135] ( Article 14 added by Stats. 1984, Ch. 669, Sec. 1. )

    Verify source ↗

    The director must grant an extension of time for required data only if specific findings are made with the Secretary for Environmental Protection’s concurrence. A registrant must meet the listed study and compliance conditions, and cannot rely on federal-data-compliance coordination failures to be treated as having taken the appropriate steps.

    ## 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 14. Birth Defect Prevention [13121 - 13135] ( Article 14 added by Stats. 1984, Ch. 669, Sec. 1. ) ## 13127.3. (a) The director shall grant an extension of time for submission of the required data if, and only if, the director, with the concurrence of the Secretary for Environmental Protection, makes a finding that both of the following conditions are satisfied: (1) The registrant has submitted at least eight of the mandatory health effects studies, and has initiated the studies required to fill the remaining data gaps by January 15, 1992, unless the registrant can demonstrate to the satisfaction of the director that it failed to have eight studies submitted, and the remaining studies initiated, in accordance with this paragraph because not more than two studies were delayed due to specific, written direction of the department based upon a written evaluation by a department toxicologist. (2) That the registrant has taken appropriate steps to meet the requirements of this article. To determine whether appropriate steps have been taken, the director shall consider the registrant’s timely response to data call-ins on other active ingredients contained in products registered with the department pursuant to this article and pursuant to Article 15 (commencing with Section 13141), and whether the registrant has responded in a timely and appropriate manner to notices and correspondence from the department relating to data call-ins and has taken appropriate measures to address study deficiencies identified by the department. (b) A registrant shall not be considered to have taken the appropriate steps, as provided in subdivision (a), if the registrant has failed to meet the deadlines established by this article due to efforts to coordinate compliance with federal data requirements. (Amended by Stats. 1992, Ch. 706, Sec. 15. Effective September 15, 1992.)
  101. 13127.31.

    ## 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 14. Birth Defect Prevention [13121 - 13135] ( Article 14 added by Stats. 1984, Ch. 669, Sec. 1. )

    Verify source ↗

    The director may extend deadlines for mandatory health effects studies for certain active ingredients if department-caused delays are found and the Secretary for Environmental Protection concurs. Registrants must still submit the studies promptly and no later than the deadline in Section 13127.92.

    ## 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 14. Birth Defect Prevention [13121 - 13135] ( Article 14 added by Stats. 1984, Ch. 669, Sec. 1. ) ## 13127.31. Notwithstanding subdivision (a) of Section 13127.3, if the director finds that delays in submitting the mandatory health effects studies were primarily caused by actions of the department, the director, with the concurrence of the Secretary for Environmental Protection, may extend the deadlines for submitting the mandatory health effects studies for the following active ingredients creosote, pentachlorophenol, dicamba, para-dichlorobenzene, methyl bromide, napropamide, petroleum distillates, and arsenic pentoxide/trioxide. Registrants of these products shall submit the required studies in a timely manner, but in no case later than the time allowed in Section 13127.92. (Added by Stats. 1991, Ch. 1228, Sec. 3.5.)
  102. 13127.32.

    ## 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 14. Birth Defect Prevention [13121 - 13135] ( Article 14 added by Stats. 1984, Ch. 669, Sec. 1. )

    Verify source ↗

    Certain pesticide products may not remain registered in this state if required studies were not submitted by the stated deadlines.

    ## 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 14. Birth Defect Prevention [13121 - 13135] ( Article 14 added by Stats. 1984, Ch. 669, Sec. 1. ) ## 13127.32. Notwithstanding any other provision of law, none of the following pesticide products shall remain registered in this state: (a) Except as specified in subdivision (b), no pesticide product containing an active ingredient identified pursuant to subdivision (a) of Section 13127 for which the required studies have not been submitted by March 30, 1996, shall remain registered after that date. (b) No pesticide product containing methyl bromide or pentachlorophenol for which the required studies have not been submitted by December 31, 1997, shall remain registered after that date. (Repealed and added by Stats. 1996, 3rd Ex. Sess., Ch. 1, Sec. 4. Effective June 14, 1996.)
  103. 13127.5.

    ## 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 14. Birth Defect Prevention [13121 - 13135] ( Article 14 added by Stats. 1984, Ch. 669, Sec. 1. )

    Verify source ↗

    The director may defer suspension of a pesticide product’s registration if the Secretary for Environmental Protection concurs and the director gets a petition and makes a required written finding. Any deferred product must be limited to specific uses matching that finding.

    ## 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 14. Birth Defect Prevention [13121 - 13135] ( Article 14 added by Stats. 1984, Ch. 669, Sec. 1. ) ## 13127.5. (a) The director, with the concurrence of the Secretary for Environmental Protection, may defer the suspension of registration of a pesticide product, as provided in Section 13127.2, if both of the following occur: (1) The director receives a petition from the registrant or any other person requesting a deferral of suspension. (2) The director makes a written finding of one of the following: (A) Suspension of the registration of the product would cause substantial economic hardship to the users of the product, that there would be no significant, unmitigated human exposure to the product, and that no feasible alternatives to the product are available. (B) Suspension of the registration of the product would be more detrimental to the agricultural or nonagricultural environment than continued use of the product, that there would be no significant, unmitigated human exposure to the product, and that no feasible alternatives to the product are available. (C) Suspension of the registration of the product would result in significant risk to the public health and that no feasible alternatives to the product are available. (b) The director shall limit the use of any product granted a deferral of suspension pursuant to paragraph (2) of subdivision (a) to specific uses that conform to the director’s findings pursuant to paragraph (2) of subdivision (a). (Added by Stats. 1991, Ch. 1228, Sec. 5.)
  104. 13127.6.

    ## 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 14. Birth Defect Prevention [13121 - 13135] ( Article 14 added by Stats. 1984, Ch. 669, Sec. 1. )

    Verify source ↗

    The director must charge data generators up to $1,000 per day while a data gap continues after a deferral of suspension of registration, and unpaid charges can lead to suspension of products containing the active ingredient.

    ## 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 14. Birth Defect Prevention [13121 - 13135] ( Article 14 added by Stats. 1984, Ch. 669, Sec. 1. ) ## 13127.6. The director shall levy a charge on data generators of up to one thousand dollars ($1,000) per day for each day a data gap continues to exist after the date the director issues a deferral of suspension of registration pursuant to Section 13127.5. In establishing the amount of the charge, the director shall consider the number of outstanding studies, the registrant’s timely response to data call-ins on other products registered with the department pursuant to this article, and whether the registrant has responded in a timely and appropriate manner to notices and correspondence from the department relating to data call-ins, and whether the registrant has taken appropriate measures to address study deficiencies identified by the department. If the charge levied on the data generator is not paid, all products containing that active ingredient shall be suspended. Revenues collected from the levying of charges shall be deposited in the Department of Pesticide Regulation Fund. (Amended by Stats. 1992, Ch. 706, Sec. 16. Effective September 15, 1992.)
  105. 13127.7.

    ## 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 14. Birth Defect Prevention [13121 - 13135] ( Article 14 added by Stats. 1984, Ch. 669, Sec. 1. )

    Verify source ↗

    Documentation relevant to findings under Sections 13127.3 and 13127.5 must be made available to the public, and those findings are public records.

    ## 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 14. Birth Defect Prevention [13121 - 13135] ( Article 14 added by Stats. 1984, Ch. 669, Sec. 1. ) ## 13127.7. All documentation relevant to a finding made pursuant to Sections 13127.3 and 13127.5 shall be available to the public, and the findings shall be a public record. (Added by Stats. 1991, Ch. 1228, Sec. 7.)
  106. 13127.8.

    ## 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 14. Birth Defect Prevention [13121 - 13135] ( Article 14 added by Stats. 1984, Ch. 669, Sec. 1. )

    Verify source ↗

    The director must lift a pesticide registration suspension when the registrant has submitted all required health effects studies, and must suspend registration if review still shows a data gap.

    ## 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 14. Birth Defect Prevention [13121 - 13135] ( Article 14 added by Stats. 1984, Ch. 669, Sec. 1. ) ## 13127.8. (a) A suspension of registration of a pesticide product containing any of the active ingredients identified pursuant to subdivision (a) of Section 13127 shall be revoked when the director determines that the registrant has submitted all of the mandatory health effects studies. If, upon completion of the review of the studies, the director determines that a data gap still exists, the director shall suspend the registration. (b) If at any time after January 1, 1992, the registrant meets the requirements of subdivision (a) of Section 13127.3, notwithstanding the date specified in paragraph (1) of subdivision (a) of Section 13127.3, the director shall revoke the suspension, and shall levy a charge pursuant to Section 13127.6 or, if a charge has already been levied on a registrant, the director may revise the charge in light of the registrant’s compliance with the requirements of this article and Article 15 (commencing with Section 13141). (c) The director may modify the amount of the charge levied pursuant to Section 13127.6 upon the initiation or submission of any health effects studies required pursuant to this article. (Added by Stats. 1991, Ch. 1228, Sec. 8.)
  107. 13127.9.

    ## 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 14. Birth Defect Prevention [13121 - 13135] ( Article 14 added by Stats. 1984, Ch. 669, Sec. 1. )

    Verify source ↗

    The registrant must send the department a progress report every December for each required mandatory health effects study until the study is finished.

    ## 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 14. Birth Defect Prevention [13121 - 13135] ( Article 14 added by Stats. 1984, Ch. 669, Sec. 1. ) ## 13127.9. For each mandatory health effects study that is required for each active ingredient identified pursuant to subdivision (a) of Section 13127, the registrant shall submit to the department a progress report in December of each year until the study is completed. (Added by Stats. 1991, Ch. 1228, Sec. 9.)
  108. 13127.91.

    ## 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 14. Birth Defect Prevention [13121 - 13135] ( Article 14 added by Stats. 1984, Ch. 669, Sec. 1. )

    Verify source ↗

    The director must suspend registration of certain pesticide products if the registrant fails to respond to a data-gap notice, submit required progress reports, or show reasonable progress on mandatory health effects studies.

    ## 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 14. Birth Defect Prevention [13121 - 13135] ( Article 14 added by Stats. 1984, Ch. 669, Sec. 1. ) ## 13127.91. The director shall suspend the registration of any pesticide product that contains an active ingredient identified pursuant to subdivision (a) of Section 13127 for which the registrant fails to do any of the following: (a) Respond to the director’s notification of a data gap. (b) Submit progress reports as required by Section 13127.9. (c) Demonstrate reasonable progress toward completion of all the mandatory health effects studies. (Added by Stats. 1991, Ch. 1228, Sec. 10.)
  109. 13127.92.

    ## 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 14. Birth Defect Prevention [13121 - 13135] ( Article 14 added by Stats. 1984, Ch. 669, Sec. 1. )

    Verify source ↗

    Extensions for mandatory health effects studies are limited to the time needed to finish them, with set study timelines and possible cancellation and suspension if the registrant misses the June 15, 1992 initiation deadline.

    ## 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 14. Birth Defect Prevention [13121 - 13135] ( Article 14 added by Stats. 1984, Ch. 669, Sec. 1. ) ## 13127.92. (a) Extensions of time granted pursuant to Sections 13127.3, 13127.31, and 13127.5 shall only be for the time necessary to complete the mandatory health effects studies. (b) Mandatory health effects studies shall be completed in accordance with the following timetable: (1) Forty-eight months for oncogenicity, chronic feeding, and reproduction studies. (2) Twenty-four months for teratogenicity and neurotoxicity studies. (3) Twelve months for mutagenicity studies. (c) A deferral of suspension of registration issued pursuant to Section 13127.5 shall be subject to an annual review by the director and shall be limited to the time necessary to complete the required studies, and shall in no case exceed four years with the time tolling from the date that the registrant petitioned for an extension. (d) Any extension of time for submission of the mandatory health effects studies granted pursuant to Section 13127.5 shall be canceled by June 15, 1993, and the registration suspended for the affected ingredient, if the registrant fails to initiate the required studies by June 15, 1992. (Amended by Stats. 2006, Ch. 538, Sec. 199. Effective January 1, 2007.)
  110. 13128.

    ## 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 14. Birth Defect Prevention [13121 - 13135] ( Article 14 added by Stats. 1984, Ch. 669, Sec. 1. )

    Verify source ↗

    Some pesticide applicants or current registrants are exempt from having to submit or cite certain mandatory health-effect data, and from paying reasonable compensation for that data, when they buy a registered pesticide from another producer to make an end-use product and the producer is fulfilling Section 13127 requirements.

    ## 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 14. Birth Defect Prevention [13121 - 13135] ( Article 14 added by Stats. 1984, Ch. 669, Sec. 1. ) ## 13128. No applicant for registration or current registrant of a pesticide who proposes to purchase or purchases a registered pesticide from another producer in order to formulate the purchased pesticide into an end use product shall be required pursuant to Section 13127 to submit or cite mandatory health effect data pertaining to the safety of the purchased product or to offer to pay reasonable compensation for the use of any such data if the producer is engaged in fulfilling the requirements of Section 13127. (Amended by Stats. 1989, Ch. 1083, Sec. 2. Effective September 30, 1989.)
  111. 13129.

    ## 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 14. Birth Defect Prevention [13121 - 13135] ( Article 14 added by Stats. 1984, Ch. 669, Sec. 1. )

    Verify source ↗

    If the director finds a pesticide product has significant adverse health effects, the director must cancel or suspend it. The State Director of Health Services may access health effects studies and may give advice and recommendations about human health risks.

    ## 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 14. Birth Defect Prevention [13121 - 13135] ( Article 14 added by Stats. 1984, Ch. 669, Sec. 1. ) ## 13129. (a) If the director, after evaluation of the health effects study of an active ingredient, finds that a pesticide product containing the active ingredient presents significant adverse health effects, including reproduction, birth defects, or infertility abnormalities, the director shall take cancellation or suspension action against the product pursuant to Section 12825 or 12826. (b) The State Director of Health Services shall have access to mandatory health effects studies and other health effects studies on file at the Department of Food and Agriculture, and may, based upon the determination of the State Director of Health Services, provide advice, consultation, and recommendations concerning the risks to human health associated wth exposure to the substances tested. (Added by Stats. 1984, Ch. 669, Sec. 1. Note: See this section as modified on July 17, 1991, in Governor's Reorganization Plan No. 1 of 1991.)
  112. 13130.3.

    ## 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 14. Birth Defect Prevention [13121 - 13135] ( Article 14 added by Stats. 1984, Ch. 669, Sec. 1. )

    Verify source ↗

    The director sets the time allowed to submit data for a data gap, starting when the department notifies the registrant. The department may grant one extension for a data requirement if the 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 2. Pesticides [12751 - 13192] ( Heading of Chapter 2 amended by Stats. 1996, Ch. 361, Sec. 26. ) ## ARTICLE 14. Birth Defect Prevention [13121 - 13135] ( Article 14 added by Stats. 1984, Ch. 669, Sec. 1. ) ## 13130.3. (a) Notwithstanding subdivision (b) of Section 13127, the time permitted by the director for submitting data to fill a data gap shall be as follows: (1) For oncogenicity studies and chronic feeding studies, 48 months. (2) For reproduction studies, 48 months. (3) For teratogenicity and neurotoxicity studies, 24 months. (4) For mutagenicity studies, 12 months. The time permitted by the director for submitting data to fill a data gap shall commence upon the date the department notifies the registrant of the data gap. (b) Notwithstanding the time limit established in subdivision (a) for submitting data to fill a data gap, the department may, with the concurrence of the Office of Environmental Health Hazard Assessment, grant an extension of time to complete the required studies, upon a written finding that events beyond the control of the persons responsible for submitting the data prevent submission of the data within the prescribed time, and that those persons have made a good faith effort to complete the studies within the prescribed time. Not more than one extension of time per data requirement may be granted to complete the required studies. The length of an extension granted pursuant to this subdivision shall be limited to the time necessary to complete the studies, not to exceed the length of time specified in subdivision (a) for conducting the studies. (Added by Stats. 1991, Ch. 1228, Sec. 14.)
  113. 13131.1.

    ## 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 14. Birth Defect Prevention [13121 - 13135] ( Article 14 added by Stats. 1984, Ch. 669, Sec. 1. )

    Verify source ↗

    The director must notify registrants about data requirements, and registrants must respond within 90 calendar days by either explaining how they will comply or filing a written objection.

    ## 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 14. Birth Defect Prevention [13121 - 13135] ( Article 14 added by Stats. 1984, Ch. 669, Sec. 1. ) ## 13131.1. (a) Not later than March 1, 1992, the director shall notify registrants of the data requirements, and the guidelines the director intends to use in reviewing studies submitted pursuant to subdivision (b) of Section 13127, for all pesticide active ingredients other than those identified pursuant to subdivision (a) of Section 13127. (b) Not later than 90 calendar days after the date of notification of the data requirements, each registrant shall do one of the following: (1) Inform the department, in a manner prescribed by the director, of how the registrant will comply with the data requirements. (2) File a written objection, accompanied by any supporting evidence and arguments, to all or part of the director’s notice of data requirements. The objection authorized by this paragraph shall be the exclusive opportunity for a registrant to object to the director’s notice of data requirements. (c) The director may consider and grant a request by a registrant to initiate the studies necessary to comply with the data requirements in accordance with a schedule established by the United States Environmental Protection Agency. In no event shall a registrant be authorized pursuant to this subdivision to initiate the studies necessary for that compliance after January 1, 1994. (Added by Stats. 1991, Ch. 1227, Sec. 4.)
  114. 13131.2.

    ## 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 14. Birth Defect Prevention [13121 - 13135] ( Article 14 added by Stats. 1984, Ch. 669, Sec. 1. )

    Verify source ↗

    The department may, with concurrence from the Office of Environmental Health Hazard Assessment, decide that certain mandatory health effects studies are not required for some pesticide active ingredients. The director may also develop regulations to modify those studies.

    ## 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 14. Birth Defect Prevention [13121 - 13135] ( Article 14 added by Stats. 1984, Ch. 669, Sec. 1. ) ## 13131.2. (a) Prior to March 1, 1992, or in response to a written objection filed pursuant to paragraph (2) of subdivision (b) of Section 13131.1, the department may determine, with the concurrence of the Office of Environmental Health Hazard Assessment, that one or more of the mandatory health effects studies are not required in order to evaluate pesticide active ingredients other than those identified pursuant to subdivision (a) of Section 13127. This determination may be made only in accordance with one or more of the following criteria: (1) The ingredient has been classified as “Generally Recognized as Safe” by the United States Food and Drug Administration. (2) The study is not physically possible due to the nature of the ingredient. (3) The department has on file toxicological data that is adequate for the assessment of the potential adverse health effects of the ingredient, and the studies relied upon for that purpose are of the same study type, are scientifically valid, and, when taken together, are of a power and sensitivity equivalent to the studies that would be waived pursuant to this subdivision. (b) The director may, in conjunction with the Office of Environmental Health Hazard Assessment, develop regulations for modification of mandatory health effects studies. (Added by Stats. 1991, Ch. 1227, Sec. 5.)
  115. 13131.3.

    ## 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 14. Birth Defect Prevention [13121 - 13135] ( Article 14 added by Stats. 1984, Ch. 669, Sec. 1. )

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    If the Office of Environmental Health Hazard Assessment does not agree with the department’s determination under Section 13131.2, a three-member toxicology panel decides the issue by majority vote.

    ## 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 14. Birth Defect Prevention [13121 - 13135] ( Article 14 added by Stats. 1984, Ch. 669, Sec. 1. ) ## 13131.3. If the Office of Environmental Health Hazard Assessment does not concur with the determination of the department pursuant to Section 13131.2, the issue shall be decided by a majority of the membership of a panel consisting of the following persons: (a) An appointee of the State Director of Health Services who has expertise in toxicology. (b) An appointee of the President of the University of California who has expertise in toxicology. (c) An appointee of the Secretary for Environmental Protection who has expertise in toxicology. (Added by Stats. 1991, Ch. 1227, Sec. 6.)
  116. 13131.4.

    ## 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 14. Birth Defect Prevention [13121 - 13135] ( Article 14 added by Stats. 1984, Ch. 669, Sec. 1. )

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    The director must issue a final notice of required data gaps by January 1, 1994, and each registrant must tell the department how it will fill the data gap within 90 calendar days after that 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 2. Pesticides [12751 - 13192] ( Heading of Chapter 2 amended by Stats. 1996, Ch. 361, Sec. 26. ) ## ARTICLE 14. Birth Defect Prevention [13121 - 13135] ( Article 14 added by Stats. 1984, Ch. 669, Sec. 1. ) ## 13131.4. (a) On or before January 1, 1994, the director shall issue a final notice of data gaps required to be filled for all pesticide active ingredients other than those identified pursuant to subdivision (a) of Section 13127. This notice shall be the department’s final determination of the data gaps required to be filled. (b) The time allowed under Section 13130.3 to fill the data gaps shall commence on the date that the final notice of data gaps is issued pursuant to subdivision (a), unless an extension is granted pursuant to subdivision (b) of Section 13130.3. (c) Not later than 90 calendar days after the date the final notice of data gaps is issued pursuant to subdivision (a), each registrant shall inform the department, in a manner prescribed by the director, how the registrant will fill the data gap, including a proposed schedule for initiation, completion, and submittal of all required studies. (Added by Stats. 1991, Ch. 1228, Sec. 16.)
  117. 13131.5.

    ## 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 14. Birth Defect Prevention [13121 - 13135] ( Article 14 added by Stats. 1984, Ch. 669, Sec. 1. )

    Verify source ↗

    The director must suspend registration of a pesticide with an active ingredient if notice has been given under Section 13131.1 and the registrant or data generator does not respond appropriately or show that it is taking appropriate steps to secure required 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 14. Birth Defect Prevention [13121 - 13135] ( Article 14 added by Stats. 1984, Ch. 669, Sec. 1. ) ## 13131.5. The director shall suspend the registration of any pesticide containing an active ingredient for which the director notifies a registrant pursuant to Section 13131.1 and for which the registrant or data generator, in the judgment of the director, fails to respond appropriately or fails to provide evidence that it is taking appropriate steps to secure the data that are required pursuant to Section 13131.1 or the final notice of data gaps pursuant to Section 13131.4. (Added by Stats. 1992, Ch. 764, Sec. 1. Effective January 1, 1993.)
  118. 13133.

    ## 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 14. Birth Defect Prevention [13121 - 13135] ( Article 14 added by Stats. 1984, Ch. 669, Sec. 1. )

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    This section says the article is severable: if part of it is invalid, the rest can still apply.

    ## 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 14. Birth Defect Prevention [13121 - 13135] ( Article 14 added by Stats. 1984, Ch. 669, Sec. 1. ) ## 13133. If any provision of this article or the application thereof to any person or circumstances is held invalid, this invalidity shall not affect other provisions or applications of the article which can be given effect without the invalid provision or application, and to this end the provisions of this article are severable. (Added by renumbering Section 13132 (as renumbered from 13130 by Stats. 1991, Ch. 1227) by Stats. 1992, Ch. 427, Sec. 43. Effective January 1, 1993.)
  119. 13134.

    ## 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 14. Birth Defect Prevention [13121 - 13135] ( Article 14 added by Stats. 1984, Ch. 669, Sec. 1. )

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    The department must assess dietary risks from pesticide-treated produce and foods, share the assessment with Health Services for peer review, and act on needed data, comments, and risk findings.

    ## 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 14. Birth Defect Prevention [13121 - 13135] ( Article 14 added by Stats. 1984, Ch. 669, Sec. 1. ) ## 13134. (a) The department, in cooperation with the State Department of Health Services, shall conduct an assessment of dietary risks associated with the consumption of produce and processed foods treated with pesticides. This assessment shall integrate adequate data on acute effects and the mandatory health effects studies specified in subdivision (c) of Section 13123, appropriate dietary consumption estimates, and relevant residue data based on the department’s and the State Department of Health Services’ monitoring data and appropriate field experimental and food technology information to quantify consumer risk. Differences in age, sex, ethnic, and regional consumption patterns shall be considered. The department shall submit each risk assessment to the State Department of Health Services, with necessary supporting documentation, for peer review, which shall consider the adequacy of public health protection. The State Department of Health Services may provide comments to the department. The department shall formally respond to all of the comments made by the State Department of Health Services. The department shall modify the risk assessment to incorporate the comments as deemed appropriate by the director. All correspondence between the department and the State Department of Health Services in this matter shall be made available to any person, upon request, pursuant to the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code). (b) The department shall consider those pesticides designated for priority food monitoring pursuant to Section 12535 and the results of the department’s or the State Department of Health Services’ monitoring in establishing priorities for the dietary risk assessments. (c) (1) If the department lacks adequate data on the acute effects of pesticide active ingredients or mandatory health effects studies specified in subdivision (c) of Section 13123 necessary to accurately estimate dietary risk, the department shall require the appropriate data to be submitted by the registrant of products whose labels include food uses. This subdivision shall not be construed to affect the timeframes established pursuant to Section 13127. (2) No applicant for registration, or current registrant, of a pesticide who proposes to purchase or purchases a registered pesticide from another producer in order to formulate the purchased pesticide into an end use product shall be required to submit or cite data pursuant to this section or offer to pay reasonable compensation for the use of that type of data if the producer is engaged in fulfilling the data requirements of this section. (d) (1) If a registrant fails to submit the data requested by the director pursuant to this section within the time specified by the director, the director shall issue a notice of intent to suspend the registration of that pesticide. The director may include in the notice of intent to suspend any provisions that are deemed appropriate concerning the continued sale and use of existing stocks of that pesticide. Any proposed suspension shall become final and effective 30 days from the receipt by the registrant of the notice of intent to suspend, unless during that time a request for hearing is made by a person adversely affected by the notice or the registrant has satisfied the director that the registrant has complied fully with the requirements that served as a basis for the notice of intent to suspend. If a hearing is requested, a hearing shall be conducted pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. The only matter for resolution at the hearing shall be whether the registrant has failed to take the action that served as the basis for the notice of intent to suspend the registration of the pesticide for which additional data is required and whether the director’s determination with respect to the disposition of existing stocks is consistent with this subdivision. (2) A hearing shall be held and a determination made within 75 days after receipt of a request for a hearing. The decision rendered after completion of the hearing shall be final. Any registration suspended shall be reinstated by the director if the director determines that the registrant has complied fully with the requirements that served as a basis for the suspension of the registration. (e) If the department finds that any pesticide use represents a dietary risk that is deleterious to the health of humans, the department shall prohibit or take action to modify that use or modify the tolerance pursuant to Section 12561, or both, as necessary to protect the public. (Amended by Stats. 2021, Ch. 615, Sec. 121. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)
  120. 13135.

    ## 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 14. Birth Defect Prevention [13121 - 13135] ( Article 14 added by Stats. 1984, Ch. 669, Sec. 1. )

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    The department and the State Department of Health Services must jointly review pesticide registration and food safety programs, consult specified outside entities, and the department must finalize a report within six months after the National Academy of Sciences study is officially released.

    ## 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 14. Birth Defect Prevention [13121 - 13135] ( Article 14 added by Stats. 1984, Ch. 669, Sec. 1. ) ## 13135. The department and the State Department of Health Services shall jointly review the existing federal and state pesticide registration and food safety system and determine if the existing programs adequately protect infants and children from dietary exposure to pesticide residues. The review shall commence as early as possible in 1990, so that any policy or administrative adjustments determined to be necessary as a result of the joint review can be made on a timely basis. The department shall consult with the University of California and other qualified public and private entities in conducting the joint review. The joint review shall continue for a sufficient time in order to evaluate the report of infant exposure to pesticide residues, which is presently being undertaken by the National Academy of Sciences. Within six months of the official release of the National Academy of Sciences’ study, the department shall finalize a report describing the evaluation that was conducted pursuant to this section, including any recommendations for modification of the existing regulatory system in order to adequately protect infants and children. (Amended by Stats. 2001, Ch. 745, Sec. 62. Effective October 12, 2001.)
  121. 13141.

    ## 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 15. The Pesticide Contamination Prevention Act [13141 - 13152] ( Article 15 added by Stats. 1985, Ch. 1298, Sec. 1. )

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    This section states that pesticide contamination of groundwater should be considered when registering, renewing, or reregistering pesticides, and says the article aims to prevent further groundwater pollution in the state.

    ## 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 15. The Pesticide Contamination Prevention Act [13141 - 13152] ( Article 15 added by Stats. 1985, Ch. 1298, Sec. 1. ) ## 13141. The Legislature finds and declares all of the following: (a) It is the right of every citizen in this state to drink safe, potable, wholesome, and pure drinking water. (b) The health and economic prosperity of rural communities and individual farm families in the state are threatened by contaminated drinking water supplies because of their proximity to the use of pesticides. (c) Pesticide contaminants and other organic chemicals are being found at an ever increasing rate in underground drinking water supplies. (d) The United States Environmental Protection Agency has concluded that evidence of relatively localized levels of pesticide pollution should be treated as a warning of more widespread, future contamination. (e) Groundwater once polluted cannot be easily cleaned up; thus, there is a considerable potential that groundwater pollution will continue long after actions have been taken to restrict application of the pesticide to land. (f) Due to the potential widespread exposure to public drinking water supplies from pesticide applications to the land and the resultant risk to public health and welfare, the potential for pollution of groundwater due to pesticide use must be considered in the registration, renewal, and reregistration process. (g) It is the purpose of this article to prevent further pesticide pollution of the groundwater aquifers of this state which may be used for drinking water supplies. (Added by Stats. 1985, Ch. 1298, Sec. 1.)
  122. 13142.

    ## 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 15. The Pesticide Contamination Prevention Act [13141 - 13152] ( Article 15 added by Stats. 1985, Ch. 1298, Sec. 1. )

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    This section defines key terms used in the article on pesticide contamination prevention.

    ## 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 15. The Pesticide Contamination Prevention Act [13141 - 13152] ( Article 15 added by Stats. 1985, Ch. 1298, Sec. 1. ) ## 13142. For purposes of this article, the following definitions apply: (a) “Active ingredient” has the same meaning as defined in Section 136 of Title 7 of the United States Code. (b) “Agricultural use” has the same meaning as defined in Section 11408. (c) “Board” means the State Water Resources Control Board. (d) “Chemigation” means a method of irrigation whereby a pesticide is mixed with irrigation water before the water is applied to the crop or to the soil. (e) “Degradation product” means a substance resulting from the transformation of a pesticide by physicochemical or biochemical means. (f) “Groundwater protection data gap” means that, for a particular pesticide, the director, after study, has been unable to determine that each study required pursuant to subdivision (a) of Section 13143 has been submitted or that each study submitted pursuant to subdivision (a) of Section 13143 is valid, complete, and adequate. (g) “Henry’s Law constant” is an indicator of the escaping tendency of dilute solutes from water and is approximated by the ratio of the vapor pressure to the water solubility at the same temperature. (h) “Pesticide” is defined in Section 12753. (i) “Pesticide registrant” means a person that has registered a pesticide pursuant to this chapter. (j) “Pollute” means to introduce a pesticide product into the groundwaters of the state resulting in an active ingredient, other specified ingredient, or a degradation product of a pesticide above a level that does not cause adverse health effects, accounting for an adequate margin of safety. (k) “Pollution” means the consequence of polluting. (l) “Soil adsorption coefficient” is a measure of the tendency of pesticides, or their biologically active transformation products, to bond to the surfaces of soil particles. (m) “Soil microbial zone” means the zone of the soil below which the activity of microbial species is so reduced that it has no significant effect on pesticide breakdown. (Amended by Stats. 2014, Ch. 626, Sec. 1. (SB 1117) Effective January 1, 2015.)
  123. 13143.

    ## 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 15. The Pesticide Contamination Prevention Act [13141 - 13152] ( Article 15 added by Stats. 1985, Ch. 1298, Sec. 1. )

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    Pesticide registrants must submit specified information to the director by the stated deadlines, and the director may require additional information and grant limited extensions.

    ## 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 15. The Pesticide Contamination Prevention Act [13141 - 13152] ( Article 15 added by Stats. 1985, Ch. 1298, Sec. 1. ) ## 13143. (a) Not later than December 1, 1986, a person that has registered a pesticide in California for agricultural use shall submit to the director the information prescribed in this subdivision. The information shall be submitted for each active ingredient in each pesticide registered. The registrant shall submit all of the following information: (1) Water solubility. (2) Vapor pressure. (3) Octanol-water partition coefficient. (4) The soil adsorption coefficient. (5) Henry’s Law constant. (6) Dissipation studies, including hydrolysis, photolysis, aerobic and anaerobic soil metabolism, and field dissipation, under California or similar environmental use conditions. (7) Any additional information the director determines is necessary. (b) The director also may require the information prescribed in subdivision (a) for other specified ingredients and degradation products of an active ingredient in any pesticide. The director shall also require this information when the State Department of Health Services or the board submits a written request for the information to the director, if the State Department of Health Services or the board specifies the reasons why it considers the information necessary. The director shall deny the request upon a written finding that, based on available scientific evidence, the request would not further the purposes of this article. (c) All information submitted pursuant to subdivision (a) shall be presented in English and summarized in tabular form on no more than three sheets of paper with the actual studies, including methods and protocols attached. All information , at a minimum, shall meet the testing methods and reporting requirements provided by the Environmental Protection Agency Pesticide Assessment Guidelines, Subdivision D Series 60 to 64, inclusive, for product chemistry and Subdivision N Series 161 to 164, inclusive, for environmental fate, including information required for degradation products in specific studies. With prior approval from the director, registrants may use specified alternative protocols as permitted by the United States Environmental Protection Agency guidelines, if the director finds use of the protocol is consistent with, and accomplishes the objectives of, this article. Studies conducted on active ingredients in the formulation of pesticides shall meet the same testing methods as required for studies conducted on active ingredients. The department, in consultation with the board, in addition, may require specified testing protocols that are specific to California soil and climatic conditions. The director may give a pesticide registrant an extension of up to two years if it determines that this additional time is necessary and warranted to complete the studies required in paragraph (6) of subdivision (a). No extension of the deadline for these studies shall go beyond December 1, 1989. When seeking the extension, the registrant shall submit to the director a written report on the current status of the dissipation studies for which the extension is being sought. For registrants granted an extension pursuant to this section, Section 13145 shall be effective upon the completion date established by the director. (d) The director may grant the registrant an extension beyond the one authorized in subdivision (c), if all of the following conditions are met: (1) The registrant submits a written request to the director for an extension beyond the one granted pursuant to subdivision (c). The request shall include the reasons why the extension is necessary and the findings produced by the study up to the time the request is made. (2) The director finds that the registrant has made every effort to complete the studies required in paragraph (6) of subdivision (a) within the required time limits of the extension granted pursuant to subdivision (c) and that those studies could not be completed within the required time limits due to circumstances beyond the control of the registrant. (3) The director establishes a final deadline, not to exceed one year beyond the time limit of the extension granted pursuant to subdivision (c), and a schedule of progress by which the registrant shall complete the studies required in paragraph (6) of subdivision (a). (e) After December 1, 1986, no registration of any new pesticide shall be granted unless the applicant submits all of the information required by the director pursuant to this article and the director finds that the information meets the requirements of this article. (Amended by Stats. 1996, Ch. 361, Sec. 84. Effective January 1, 1997.)
  124. 13144.

    ## 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 15. The Pesticide Contamination Prevention Act [13141 - 13152] ( Article 15 added by Stats. 1985, Ch. 1298, Sec. 1. )

    Verify source ↗

    The department must set pesticide-related numerical values, keep them at least as strict as EPA values, revise them when needed to protect groundwater, and the director must post specified pesticide information online.

    ## 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 15. The Pesticide Contamination Prevention Act [13141 - 13152] ( Article 15 added by Stats. 1985, Ch. 1298, Sec. 1. ) ## 13144. (a) The department shall establish specific numerical values for water solubility, soil adsorption coefficient (Koc), hydrolysis, aerobic and anaerobic soil metabolism, and field dissipation. The values established by the department shall be at least equal to those established by the Environmental Protection Agency. The department shall revise the numerical values when the department finds that the revision is necessary to protect the groundwater of the state. The numerical values established or revised by the department shall always be at least as stringent as the values being used by the Environmental Protection Agency at the time the values are established or revised by the department. (b) On or before December 31, 2004, and updated at least annually thereafter, the director shall post the following information on the department’s Internet Web site for each pesticide registered for agricultural use and during years that specific numerical values are revised: (1) A list of each active ingredient, other specified ingredient, or degradation product of an active ingredient of a pesticide for which there is a groundwater protection data gap. (2) The Groundwater Protection List established pursuant to subdivision (d) of Section 13145. (3) For each pesticide listed pursuant to paragraph (2) for which information is available, a list of the amount sold in California during the most recent year for which sales information is available and where and for what purpose the pesticide was used, when this information is available in the pesticide use report. (c) The department shall determine, to the extent possible, the toxicological significance of the pesticides listed in the Groundwater Protection List. (Amended by Stats. 2014, Ch. 626, Sec. 2. (SB 1117) Effective January 1, 2015.)
  125. 13145.

    ## 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 15. The Pesticide Contamination Prevention Act [13141 - 13152] ( Article 15 added by Stats. 1985, Ch. 1298, Sec. 1. )

    Verify source ↗

    Pesticide registrants can be fined up to $10,000 per day if a groundwater protection data gap exists, and certain users of listed pesticides must report use to the county agricultural commissioner.

    ## 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 15. The Pesticide Contamination Prevention Act [13141 - 13152] ( Article 15 added by Stats. 1985, Ch. 1298, Sec. 1. ) ## 13145. (a) Any registrant of a pesticide identified in paragraph (1) of subdivision (b) of Section 13144 is subject to a fine of up to ten thousand dollars ($10,000) for each day the groundwater protection data gap exists. In determining the amount of the fine, the director shall consider both of the following: (1) The extent to which the registrant has made every effort to submit valid, complete, and adequate information within the required time limits. (2) Circumstances beyond the control of the registrant that have prevented the registrant from submitting valid, complete, and adequate information within the required time limits. (b) If there is a dispute between the director and a registrant regarding the existence of a groundwater protection data gap and the director desires to levy a fine on the registrant pursuant to this section, the director shall submit the issues of the dispute to the subcommittee created pursuant to subdivision (b) of Section 13150. The subcommittee shall review the evidence submitted by the registrant and the director and make recommendations to the director on whether or not the groundwater data gap exists. (c) Subdivisions (a) and (b) shall not apply to pesticide products whose registration has lapsed or has been canceled, or to products that have been granted a current extension pursuant to Section 13143. (d) The director shall, by regulation, establish the Groundwater Protection List, which shall include each active ingredient, other specified ingredient, or degradation product of a pesticide that, when applied, has the potential to pollute groundwater. (e) The director, in consultation with the subcommittee created pursuant to subdivision (b) of Section 13150, shall develop a peer reviewed method to determine the potential of a pesticide to pollute groundwater using specific numerical values established pursuant to subdivision (a) of Section 13144. The director may revise this method, subject to peer review. The peer review shall be conducted using the same process as described in Section 57004 of the Health and Safety Code. When a chemical is listed by regulation using this method, no further peer review of the method is required. (f) Each active ingredient, other specified ingredient, or degradation product of a pesticide on the Groundwater Protection List that is detected pursuant to Sections 13148 and 13149 and determined to be a result of lawful agricultural use shall be regulated to prevent groundwater pollution in accordance with this article. (g) Any person who uses a pesticide that has been placed on the Groundwater Protection List and does not file a report pursuant to Section 12979, is required to report to the county agricultural commissioner the use of the pesticide on a form prescribed by the director. The reporting deadline shall conform to the deadline established for the reporting of the use of restricted materials. (Amended by Stats. 2014, Ch. 626, Sec. 3. (SB 1117) Effective January 1, 2015.)
  126. 13146.

    ## 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 15. The Pesticide Contamination Prevention Act [13141 - 13152] ( Article 15 added by Stats. 1985, Ch. 1298, Sec. 1. )

    Verify source ↗

    The director may not register or renew certain pesticides when there is a groundwater protection data gap, unless the registrant has a current extension. The director also must set procedures for disputes and may require information, use assessments, and request appropriations to obtain required information.

    ## 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 15. The Pesticide Contamination Prevention Act [13141 - 13152] ( Article 15 added by Stats. 1985, Ch. 1298, Sec. 1. ) ## 13146. (a) The director shall not register or renew the registration of a pesticide intended to be applied to or injected into the ground by ground-based application equipment or by chemigation after December 1, 1988, if there is a groundwater protection data gap for that pesticide, unless the registrant has been granted a current extension pursuant to Section 13143. (b) The director shall not register or renew the registration of a pesticide intended for use with other than ground-based application equipment after December 1, 1989, if there is a groundwater protection data gap for that pesticide, unless the registrant has been granted a current extension pursuant to Section 13143. (c) If a registrant does not comply with the information requirements of Section 13143, the department shall file the information requirements of Section 13143 in accordance with procedures provided in subparagraph (B) of paragraph (2) of subsection (c) of Section 136a of Title 7 of the United States Code. In order to carry out this section, the director has the same authority to require information from registrants of active pesticide ingredients that the administrator of the Environmental Protection Agency has pursuant to subparagraph (B) of paragraph (2) of subsection (c) of Section 136a of Title 7 of the United States Code. On or before July 1, 1986, the director shall, by regulation, prescribe procedures for resolving disputes or funding the filing of the information requirements of Section 13143. The procedures may include mediation and arbitration. The arbitration procedures, insofar as practical, shall be consistent with the federal act, or otherwise shall be in accordance with the commercial arbitration rules established by the American Arbitration Association. The procedures shall be established so as to resolve any dispute with the timetable established in Section 13143. (d) For an active ingredient or pesticide for which a registrant or registrants do not provide the information required pursuant to Section 13143, the director may determine the active ingredient or pesticide to be critical to agricultural production and the director may utilize assessments charged to those registrants of the active ingredient for which the information is required pursuant to Section 13143 in amounts necessary to cover the department’s expenses in obtaining the information. The assessment shall be made pursuant to Section 12824. The director may also request an appropriation to be used in combination with assessments to obtain the required information. (Amended by Stats. 1996, Ch. 361, Sec. 87. Effective January 1, 1997.)
  127. 13147.

    ## 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 15. The Pesticide Contamination Prevention Act [13141 - 13152] ( Article 15 added by Stats. 1985, Ch. 1298, Sec. 1. )

    Verify source ↗

    The director must annually request a budget appropriation.

    ## 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 15. The Pesticide Contamination Prevention Act [13141 - 13152] ( Article 15 added by Stats. 1985, Ch. 1298, Sec. 1. ) ## 13147. The director shall annually request a budget appropriation in order to meet the reasonable and anticipated costs of conducting soil and water monitoring pursuant to Section 13148, a review of data submitted pursuant to Section 13143, and the administration of pesticides placed on the Groundwater Protection List pursuant to this article. (Amended by Stats. 1996, Ch. 361, Sec. 88. Effective January 1, 1997.)
  128. 13148.

    ## 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 15. The Pesticide Contamination Prevention Act [13141 - 13152] ( Article 15 added by Stats. 1985, Ch. 1298, Sec. 1. )

    Verify source ↗

    The director must monitor certain pesticides in soil and groundwater, develop testing protocols, coordinate with other agencies, and report results to public health and the board.

    ## 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 15. The Pesticide Contamination Prevention Act [13141 - 13152] ( Article 15 added by Stats. 1985, Ch. 1298, Sec. 1. ) ## 13148. (a) In order to more accurately determine the mobility and persistence of the pesticides identified in the Groundwater Protection List, and to determine if these pesticides have migrated to groundwaters of the state, the director shall conduct soil and groundwater monitoring statewide in areas of the state where the pesticide is primarily used or where other factors identified pursuant to Section 13143 and the Groundwater Protection List, including physicochemical characteristics and use practices of the pesticides, indicate a probability that the pesticide may migrate to the groundwaters of the state. The department shall monitor for the active ingredient, other specified ingredient, or degradation product of the pesticide listed in the Groundwater Protection List. The monitoring shall commence within one year after the pesticide is placed on the Groundwater Protection List and shall be conducted in accordance with standard protocol and testing procedures established pursuant to subdivision (b). Monitoring programs shall replicate conditions under which the pesticide is normally used in the area of monitoring. In developing a monitoring program, the director shall coordinate with other agencies that conduct soil and groundwater monitoring. (b) Within 90 days after a pesticide is placed on the Groundwater Protection List pursuant to subdivision (d) of Section 13145, the director, in consultation with the board, shall develop a standard protocol and testing procedure for each pesticide identified pursuant to subdivision (d) of Section 13145. (c) The director shall report all monitoring results to the State Department of Public Health and the board. (Amended by Stats. 2014, Ch. 626, Sec. 4. (SB 1117) Effective January 1, 2015.)
  129. 13149.

    ## 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 15. The Pesticide Contamination Prevention Act [13141 - 13152] ( Article 15 added by Stats. 1985, Ch. 1298, Sec. 1. )

    Verify source ↗

    If a pesticide residue or related substance is detected under specified conditions, the director must determine whether it came from lawful agricultural use, explain the decision in writing, notify the registrant, and cancel the pesticide registration if no hearing is requested within 30 days.

    ## 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 15. The Pesticide Contamination Prevention Act [13141 - 13152] ( Article 15 added by Stats. 1985, Ch. 1298, Sec. 1. ) ## 13149. (a) Within 90 days after the active ingredient, other specified ingredient, or degradation product of a pesticide is detected under any of the conditions listed in paragraph (1) or (2), the director shall determine whether the detection resulted from agricultural use in accordance with state and federal laws and regulations, and shall state in writing the reasons for the determination. (1) An active ingredient, other specified ingredient, or degradation product of a pesticide has been found at or below the deepest of the following depths: (A) Eight feet below the soil surface. (B) Below the root zone of the crop where the active ingredient, other specified ingredient, or degradation product was found. (C) Below the soil microbial zone. (2) An active ingredient, other specified ingredient, or degradation product of a pesticide has been found in the groundwaters of the state. (b) Upon a determination by the director that a pesticide meets any of the conditions specified in paragraph (1) or (2) of subdivision (a) as a result of agricultural use in accordance with state and federal laws and regulations, the director shall immediately notify the registrant of the determination and of the registrant’s opportunity to request a hearing pursuant to subdivision (c). (c) Any pesticide that meets any of the conditions in subdivision (b) shall be subject to Section 13150 if the registrant of the pesticide requests, within 30 days after the notice is issued, that the subcommittee conduct a hearing, as described in Section 13150. Notwithstanding any other law, if the registrant does not request the hearing within 30 days after the notice is issued, the director shall cancel the registration of the pesticide. (d) For purposes of this section, any finding of a pesticide shall result from either an analytical method approved by the department that provides unequivocal identification of a chemical, such as mass spectroscopy, or from verification, within 30 days, by a second analytical method or a second analytical laboratory approved by the department. (Amended by Stats. 2014, Ch. 626, Sec. 5. (SB 1117) Effective January 1, 2015.)
  130. 13150.

    ## 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 15. The Pesticide Contamination Prevention Act [13141 - 13152] ( Article 15 added by Stats. 1985, Ch. 1298, Sec. 1. )

    Verify source ↗

    The director may allow continued pesticide registration, sale, and use if the listed 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 2. Pesticides [12751 - 13192] ( Heading of Chapter 2 amended by Stats. 1996, Ch. 361, Sec. 26. ) ## ARTICLE 15. The Pesticide Contamination Prevention Act [13141 - 13152] ( Article 15 added by Stats. 1985, Ch. 1298, Sec. 1. ) ## 13150. The director may allow the continued registration, sale, and use of a pesticide that meets any one of the conditions specified in Section 13149 if all of the following conditions are met: (a) The registrant submits a report and documented evidence that demonstrate both of the following: (1) That the presence in the soil of any active ingredient, other specified ingredient, or degradation product does not threaten to pollute the groundwater of the state in any region within the state in which the pesticide may be used according to the terms under which it is registered. (2) That any active ingredient, other specified ingredient, or degradation product that has been found in groundwater has not polluted, and does not threaten to pollute, the groundwater of the state in any region within the state in which the pesticide may be used according to the terms under which it is registered. (b) A subcommittee of the director’s pesticide registration and evaluation committee, consisting of one member each representing the director, the State Department of Health Services, and the board, holds a hearing, within 180 days after it is requested by the registrant, to review the report and documented evidence submitted by the registrant and any other information or data that the subcommittee determines is necessary to make a finding. (c) The subcommittee, within 90 days after the hearing is conducted, makes any of the following findings and recommendations: (1) That the ingredient found in the soil or groundwater has not polluted, and does not threaten to pollute, the groundwater of the state. (2) That the agricultural use of the pesticide can be modified so that there is a high probability that the pesticide would not pollute the groundwater of the state. (3) That modification of the agricultural use of the pesticide pursuant to paragraph (2) or cancellation of the pesticide will cause severe economic hardship on the state’s agricultural industry, and that no alternative products or practices can be effectively used so that there is a high probability that pollution of the groundwater of the state will not occur. The subcommittee shall recommend a level of the pesticide that does not significantly diminish the margin of safety recognized by the subcommittee to not cause adverse health effects. When the subcommittee makes a finding pursuant to paragraph (2) or this paragraph (3), it shall determine whether the adverse health effects of the pesticide are carcinogenic, mutagenic, teratogenic, or neurotoxic. (d) The director, within 30 days after the subcommittee issues its findings, does any of the following: (1) Concurs with the subcommittee finding pursuant to paragraph (1) of subdivision (c). (2) Concurs with the subcommittee finding pursuant to paragraph (2) of subdivision (c), and adopts modifications that result in a high probability that the pesticide would not pollute the groundwaters of the state. (3) Concurs with the subcommittee findings pursuant to paragraph (3) of subdivision (c), or determines that the subcommittee finding pursuant to paragraph (2) of subdivision (c) will cause severe economic hardship on the state’s agricultural industry. In either case, the director shall adopt the subcommittee’s recommended level or shall establish a different level, provided the level does not significantly diminish the margin of safety to not cause adverse health effects. (4) Determines that, contrary to the finding of the subcommittee, no pollution or threat to pollution exists. The director shall state the reasons for his or her decisions in writing at the time any action is taken, specifying any differences with the subcommittee’s findings and recommendations. The written statement shall be transmitted to the appropriate committees of the Senate and Assembly, the State Department of Health Services, and the board. When the director takes action pursuant to paragraph (2) or (3), he or she shall determine whether the adverse health effects of the pesticide are carcinogenic, mutagenic, teratogenic, or neurotoxic. (Amended by Stats. 1996, Ch. 361, Sec. 91. Effective January 1, 1997.)
  131. 13151.

    ## 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 15. The Pesticide Contamination Prevention Act [13141 - 13152] ( Article 15 added by Stats. 1985, Ch. 1298, Sec. 1. )

    Verify source ↗

    A pesticide identified under Section 13149 must be canceled if it does not meet any condition in Section 13150.

    ## 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 15. The Pesticide Contamination Prevention Act [13141 - 13152] ( Article 15 added by Stats. 1985, Ch. 1298, Sec. 1. ) ## 13151. Any pesticide identified pursuant to Section 13149 that fails to meet any of the conditions of Section 13150 shall be canceled. (Amended by Stats. 1996, Ch. 361, Sec. 92. Effective January 1, 1997.)
  132. 13152.

    ## 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 15. The Pesticide Contamination Prevention Act [13141 - 13152] ( Article 15 added by Stats. 1985, Ch. 1298, Sec. 1. )

    Verify source ↗

    The department must monitor certain pesticides and keep reviewing new science; agencies must submit well-sampling results, and the department must publish annual website updates.

    ## 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 15. The Pesticide Contamination Prevention Act [13141 - 13152] ( Article 15 added by Stats. 1985, Ch. 1298, Sec. 1. ) ## 13152. (a) (1) The department shall conduct ongoing soil and groundwater monitoring of any pesticide whose continued use is permitted following the issuance of findings by the director pursuant to subdivision (d) of Section 13150. The department shall continuously review new science and data that could impact the validity of a finding that a pesticide reviewed pursuant to Section 13150 has not polluted and does not threaten to pollute the groundwater of the state. (2) If the department determines that there is new science or data that could impact the validity of a finding described in paragraph (1), the director shall either mitigate the threat presented by the pollution or subject the pesticide again to the Section 13150 review process. (b) Any pesticide monitored pursuant to this section that is determined, by review of monitoring data and any other relevant data, to pollute the groundwaters of the state two years after the director takes action pursuant to paragraph (2), (3), or (4) of subdivision (d) of Section 13150 shall be canceled unless the director has determined that the adverse health effects of the pesticide are not carcinogenic, mutagenic, teratogenic, or neurotoxic. (c) The department shall maintain a statewide database of wells sampled for pesticide active ingredients. All agencies shall submit to the department, in a timely manner, the results of any well sampling for pesticide active ingredients and the results of any well sampling that detect any pesticide active ingredients. (d) Not later than June 30, 1986, the director, the State Department of Public Health, and the board shall jointly establish minimum requirements for well sampling that will ensure precise and accurate results. The requirements shall be distributed to all agencies that conduct well sampling. All well sampling conducted after December 1, 1986, shall meet the minimum requirements established pursuant to this subdivision. (e) The department shall post the following information on its Internet Web site, updated no later than December 1 of each year: (1) The number of wells sampled for pesticide active ingredients, the location of the wells from which the samples were taken, the well numbers, if available, and the agencies responsible for drawing and analyzing the samples. (2) The number of well samples with detectable levels of pesticide active ingredients, the location of the wells from which the samples were taken, the well numbers, if available, and the agencies responsible for drawing and analyzing the samples. (3) An analysis of the results of well sampling described in paragraphs (1) and (2), to determine the probable source of the residues. The analysis shall consider factors such as the physical and chemical characteristics of the pesticide, volume of use and method of application of the pesticide, irrigation practices related to use of the pesticide, and types of soil in areas where the pesticide is applied. (4) Actions taken by the director and the board to prevent pesticides from migrating to groundwaters of the state. (Amended by Stats. 2014, Ch. 626, Sec. 6. (SB 1117) Effective January 1, 2015.)
  133. 13161.

    ## 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 16. The Interim Data Gap Exemption for Qualified Federally Registered Pesticides [13161 - 13170] ( Article 16 added by Stats. 1993, Ch. 963, Sec. 2. )

    Verify source ↗

    This section defines “feasible alternative” and “pest management system” for Article 16.

    ## 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 16. The Interim Data Gap Exemption for Qualified Federally Registered Pesticides [13161 - 13170] ( Article 16 added by Stats. 1993, Ch. 963, Sec. 2. ) ## 13161. For the purposes of this article, the following definitions apply: (a) “Feasible alternative” means other chemical or nonchemical procedures that can reasonably accomplish the same pest control function as existing procedures with comparable effectiveness and reliability, taking into account economic, environmental, sociological, technological, and ecological factors, including impact on beneficial and other nontarget organisms, pest resistance to pesticides, and timeliness of control. (b) “Pest management system” means a systematic approach to pest control that stresses the application of biological and cultural pest control techniques with the selective use of pesticides when necessary to achieve acceptable levels of control with the least possible harm to nontarget organisms and the environment as described in subdivision (f) of Section 11501. (Added by Stats. 1993, Ch. 963, Sec. 2. Effective January 1, 1994.)
  134. 13162.

    ## 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 16. The Interim Data Gap Exemption for Qualified Federally Registered Pesticides [13161 - 13170] ( Article 16 added by Stats. 1993, Ch. 963, Sec. 2. )

    Verify source ↗

    The director may issue a certificate of interim registration for a pesticide if specified 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 2. Pesticides [12751 - 13192] ( Heading of Chapter 2 amended by Stats. 1996, Ch. 361, Sec. 26. ) ## ARTICLE 16. The Interim Data Gap Exemption for Qualified Federally Registered Pesticides [13161 - 13170] ( Article 16 added by Stats. 1993, Ch. 963, Sec. 2. ) ## 13162. The director may issue a certificate of interim registration allowing the sale and use of a pesticide that otherwise meets the requirements of this chapter if all of the following conditions are met: (a) The certificate stipulates which of the California data requirements listed in Section 13163 are being deferred for completion during the time of interim registration. (b) The certificate stipulates a period of time, not to exceed three years, for each deferral determined by the director as reasonably sufficient for the generation, submission, and review of the data. (c) The certificate stipulates any limitations on the use of the pesticide that the director may deem appropriate pursuant to Section 13166 or on the sale of the pesticide. (Added by Stats. 1993, Ch. 963, Sec. 2. Effective January 1, 1994.)
  135. 13163.

    ## 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 16. The Interim Data Gap Exemption for Qualified Federally Registered Pesticides [13161 - 13170] ( Article 16 added by Stats. 1993, Ch. 963, Sec. 2. )

    Verify source ↗

    When granting a certificate of interim registration, the director may defer up to three listed pesticide registration data requirements.

    ## 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 16. The Interim Data Gap Exemption for Qualified Federally Registered Pesticides [13161 - 13170] ( Article 16 added by Stats. 1993, Ch. 963, Sec. 2. ) ## 13163. In granting a certificate of interim registration, the director may defer no more than three of the following registration data requirements: (a) Efficacy studies pursuant to Section 12824. (b) KOW (octanol water partition coefficient) pursuant to paragraph (3) of subdivision (a) of Section 13143. (c) Soil photolysis pursuant to paragraph (6) of subdivision (a) of Section 13143. (d) A field dissipation study pursuant to paragraph (6) of subdivision (a) of Section 13143. (e) A study pursuant to subdivision (a) of Section 13143 that will be redone to correct errors or a study conducted under California conditions or guidelines, if the weight of evidence from all other submitted data support a scientific judgment in favor of interim registration. (Added by Stats. 1993, Ch. 963, Sec. 2. Effective January 1, 1994.)
  136. 13164.

    ## 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 16. The Interim Data Gap Exemption for Qualified Federally Registered Pesticides [13161 - 13170] ( Article 16 added by Stats. 1993, Ch. 963, Sec. 2. )

    Verify source ↗

    Some pesticide registrants or user groups may apply for a California certificate of interim registration if they meet listed information, data, and commitment requirements.

    ## 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 16. The Interim Data Gap Exemption for Qualified Federally Registered Pesticides [13161 - 13170] ( Article 16 added by Stats. 1993, Ch. 963, Sec. 2. ) ## 13164. Consistent with the limitations of Section 13163, a registrant or a user group of any pesticide registered by the United States Environmental Protection Agency may apply for a California certificate of interim registration if the applicant does all of the following: (a) The applicant provides information that the product would fill a need and significantly enhance a systems approach to pest management during the period the applicant completes requirements for a full California registration. Additionally, the information supporting an interim registration shall be based upon one or more of the following conclusions that the product will: (1) Reduce risks to the public health, the pesticide workplace, or the environment by reducing the overall use of chemical controls within a pest management system. (2) Reduce risks to the public health, the pesticide workplace, or the environment by providing a more benign alternative to an existing use pattern. (3) Reduce risks of pest resistance problems such as loss of economic efficacy and increased amounts or frequency of chemical applications by providing better integrated management of a pest or pest complex. (4) Reduce a substantial economic hardship to a segment of California’s agricultural industry due to a pest infestation for which there is no other feasible alternative. (b) The applicant provides the director with all data that is required to support the federal and California registrations of the pesticide product, except the data which may be deferred pursuant to Section 13163, and any other available data that the director may deem appropriate. (c) The applicant makes a commitment to generate all data required in California for a full certificate of registration within a reasonable period of time to be determined by the director and reflected in the certificate of interim registration. The written commitment shall identify the developing party or parties for each deferred data requirement within 90 days of the issuance of the certificate of interim registration and identify a schedule of quarterly progress reports that will be submitted. (Added by Stats. 1993, Ch. 963, Sec. 2. Effective January 1, 1994.)
  137. 13165.

    ## 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 16. The Interim Data Gap Exemption for Qualified Federally Registered Pesticides [13161 - 13170] ( Article 16 added by Stats. 1993, Ch. 963, Sec. 2. )

    Verify source ↗

    The director may not grant a certificate of interim registration unless the director consults the Pesticide Registration and Evaluation Committee and makes a written finding with the required declarations.

    ## 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 16. The Interim Data Gap Exemption for Qualified Federally Registered Pesticides [13161 - 13170] ( Article 16 added by Stats. 1993, Ch. 963, Sec. 2. ) ## 13165. Notwithstanding Section 13163, the director shall not grant a certificate of interim registration unless he or she consults with the Pesticide Registration and Evaluation Committee on the proposed interim registration, and makes a written finding, after consultation, declaring all of the following: (a) That the pesticide is needed and will be a significant component of a pest management system as demonstrated by the applicant pursuant to subdivision (a) of Section 13164. (b) That the interim use of the pesticide, in conformance with the limitations established by the director pursuant to Section 13166, is not expected to cause any significant adverse effect on the public health, the safety of the pesticide workplace, or the environment, including a finding that the pesticide does not threaten to pollute the groundwater of the state. (c) That the weight of evidence supports a scientific judgment in favor of interim registration. (Added by Stats. 1993, Ch. 963, Sec. 2. Effective January 1, 1994.)
  138. 13166.

    ## 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 16. The Interim Data Gap Exemption for Qualified Federally Registered Pesticides [13161 - 13170] ( Article 16 added by Stats. 1993, Ch. 963, Sec. 2. )

    Verify source ↗

    The director must limit use of pesticides with a certificate of interim registration to specific uses in a qualifying pest management system, and may add extra restrictions.

    ## 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 16. The Interim Data Gap Exemption for Qualified Federally Registered Pesticides [13161 - 13170] ( Article 16 added by Stats. 1993, Ch. 963, Sec. 2. ) ## 13166. The director shall limit the use of any pesticide granted a certificate of interim registration to specific uses within a pest management system meeting the requirements of subdivision (a) of Section 13164. The director may place additional restrictions on the use of any pesticide granted a certificate of interim registration, including, but not limited to, requiring a restricted material permit or the written recommendation of a specially trained pest control advisor or specially trained certified private applicator, or limiting the quantity, area, and manner of application. (Added by Stats. 1993, Ch. 963, Sec. 2. Effective January 1, 1994.)
  139. 13167.

    ## 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 16. The Interim Data Gap Exemption for Qualified Federally Registered Pesticides [13161 - 13170] ( Article 16 added by Stats. 1993, Ch. 963, Sec. 2. )

    Verify source ↗

    The director must revoke or refuse to renew a certificate of interim registration when the registration no longer meets the article’s requirements, and must give the registrant the reasons in writing.

    ## 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 16. The Interim Data Gap Exemption for Qualified Federally Registered Pesticides [13161 - 13170] ( Article 16 added by Stats. 1993, Ch. 963, Sec. 2. ) ## 13167. The director shall revoke or refuse to renew a certificate of interim registration at any time that he or she finds that the interim registration no longer meets all the requirements of this article, including the registrant’s failure to submit a progress report for any deferred study, a failure to show in the report that a good faith effort to complete an acceptable study is making satisfactory progress, or the period of time from the issuance of the certificate has exceeded the three year limit set forth in Section 13162. The director shall provide the registrant with the basis for the decision in writing. (Added by Stats. 1993, Ch. 963, Sec. 2. Effective January 1, 1994.)
  140. 13168.

    ## 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 16. The Interim Data Gap Exemption for Qualified Federally Registered Pesticides [13161 - 13170] ( Article 16 added by Stats. 1993, Ch. 963, Sec. 2. )

    Verify source ↗

    The director may adopt regulations to carry out 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 16. The Interim Data Gap Exemption for Qualified Federally Registered Pesticides [13161 - 13170] ( Article 16 added by Stats. 1993, Ch. 963, Sec. 2. ) ## 13168. The director may adopt regulations to carry out this article. (Added by Stats. 1993, Ch. 963, Sec. 2. Effective January 1, 1994.)
  141. 13169.

    ## 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 16. The Interim Data Gap Exemption for Qualified Federally Registered Pesticides [13161 - 13170] ( Article 16 added by Stats. 1993, Ch. 963, Sec. 2. )

    Verify source ↗

    This article overrides conflicting provisions in Article 15, and interim registration certificates are otherwise subject to the registration rules in Division 6 and this division.

    ## 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 16. The Interim Data Gap Exemption for Qualified Federally Registered Pesticides [13161 - 13170] ( Article 16 added by Stats. 1993, Ch. 963, Sec. 2. ) ## 13169. To the extent that this article conflicts with other provisions in Article 15 of this chapter, this article shall prevail. Unless otherwise specified in this article, a certificate of interim registration shall be subject to all other provisions governing certificates of registration in Division 6 (commencing with Section 11401) and this division. (Added by Stats. 1993, Ch. 963, Sec. 2. Effective January 1, 1994.)
  142. 13170.

    ## 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 16. The Interim Data Gap Exemption for Qualified Federally Registered Pesticides [13161 - 13170] ( Article 16 added by Stats. 1993, Ch. 963, Sec. 2. )

    Verify source ↗

    The department must charge applicants for a certificate of interim registration a fee that covers the department’s review and processing 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 2. Pesticides [12751 - 13192] ( Heading of Chapter 2 amended by Stats. 1996, Ch. 361, Sec. 26. ) ## ARTICLE 16. The Interim Data Gap Exemption for Qualified Federally Registered Pesticides [13161 - 13170] ( Article 16 added by Stats. 1993, Ch. 963, Sec. 2. ) ## 13170. The department shall impose a fee in an amount sufficient to cover the department’s costs of reviewing and processing the application on any person who applies for a certificate of interim registration pursuant to this article. Fee revenue shall be deposited in the Department of Pesticide Regulation Fund and shall be available, upon appropriation by the Legislature, to offset the department’s costs to process and review these applications. (Added by Stats. 1993, Ch. 963, Sec. 2. Effective January 1, 1994.)
  143. 13180.

    ## 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 17. Healthy Schools Act of 2000 [13180 - 13188] ( Article 17 added by Stats. 2000, Ch. 718, Sec. 3. )

    Verify source ↗

    This section says the article may be known and cited as the Healthy Schools Act of 2000.

    ## 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 17. Healthy Schools Act of 2000 [13180 - 13188] ( Article 17 added by Stats. 2000, Ch. 718, Sec. 3. ) ## 13180. This article, Article 4 (commencing with Section 17608) of Chapter 5 of Part 10.5 of the Education Code, and Article 2 (commencing with Section 105500) of Chapter 7 of Division 103 of the Health and Safety Code, shall be known and may be cited as the Healthy Schools Act of 2000. (Added by Stats. 2000, Ch. 718, Sec. 3. Effective January 1, 2001.)
  144. 13181.

    ## 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 17. Healthy Schools Act of 2000 [13180 - 13188] ( Article 17 added by Stats. 2000, Ch. 718, Sec. 3. )

    Verify source ↗

    This section defines “integrated pest management” and “IPM coordinator” for 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 17. Healthy Schools Act of 2000 [13180 - 13188] ( Article 17 added by Stats. 2000, Ch. 718, Sec. 3. ) ## 13181. (a) Notwithstanding any other law, for purposes of this article, “integrated pest management” means a pest management strategy that focuses on long-term prevention or suppression of pest problems through a combination of techniques such as monitoring for pest presence and establishing treatment threshold levels, using nonchemical practices to make the habitat less conducive to pest development, improving sanitation, and employing mechanical and physical controls. Pesticides that pose the least possible hazard and are effective in a manner that minimizes risks to people, property, and the environment, are used only after careful monitoring indicates they are needed according to preestablished guidelines and treatment thresholds. This definition shall apply only to integrated pest management at school facilities and child day care facilities. (b) For purposes of this article “IPM coordinator” has the same meaning as school designee or IPM coordinator, as those terms are defined in subdivision (e) of Section 17609 of the Education Code. (Amended by Stats. 2014, Ch. 848, Sec. 10. (SB 1405) Effective January 1, 2015.)
  145. 13182.

    ## 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 17. Healthy Schools Act of 2000 [13180 - 13188] ( Article 17 added by Stats. 2000, Ch. 718, Sec. 3. )

    Verify source ↗

    The state prefers effective least toxic pest management at schoolsites and intends that school personnel who apply pesticides be trained in integrated pest management and safe pesticide use.

    ## 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 17. Healthy Schools Act of 2000 [13180 - 13188] ( Article 17 added by Stats. 2000, Ch. 718, Sec. 3. ) ## 13182. It is the policy of the state that effective least toxic pest management practices should be the preferred method of managing pests at schoolsites and that the state, in order to reduce children’s exposure to toxic pesticides, shall take the necessary steps, pursuant to this article, to facilitate the adoption of effective least toxic pest management practices at schoolsites. It is the intent of the Legislature that all school personnel involved in the application of pesticides at a schoolsite be trained in integrated pest management and the safe use of pesticides in relation to the unique nature of schoolsites and children’s health. (Amended by Stats. 2014, Ch. 848, Sec. 11. (SB 1405) Effective January 1, 2015.)
  146. 13183.

    ## 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 17. Healthy Schools Act of 2000 [13180 - 13188] ( Article 17 added by Stats. 2000, Ch. 718, Sec. 3. )

    Verify source ↗

    The department must promote and support voluntary integrated pest management programs for schoolsites and child day care facilities, and develop related guidance and training.

    ## 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 17. Healthy Schools Act of 2000 [13180 - 13188] ( Article 17 added by Stats. 2000, Ch. 718, Sec. 3. ) ## 13183. (a) The department shall promote and facilitate the voluntary adoption of integrated pest management programs for schoolsites, excluding privately operated child day care facilities, as defined in Section 1596.750 of the Health and Safety Code, that voluntarily choose to do so. For these schoolsites, the department shall do all of the following: (1) Establish an integrated pest management program for schoolsites consistent with Section 13181. In establishing the program, the department shall: (A) Develop criteria for identifying least-hazardous pest control practices and encourage their adoption as part of an integrated pest management program at each schoolsite. (B) Develop a model program guidebook that prescribes essential program elements for schoolsites that have adopted a least-hazardous integrated pest management program. At a minimum, this guidebook shall include guidance on all of the following: (i) Adopting an IPM policy. (ii) Selecting and training an IPM coordinator. (iii) Identifying and monitoring pest populations and damage. (iv) Establishing a community-based school district advisory committee. (v) Developing a pest management plan for making least-hazardous pest control choices. (vi) Contracting for integrated pest management services. (vii) Training and licensing opportunities. (viii) Establishing a community-based right-to-know standard for notification and posting of pesticide applications. (ix) Recordkeeping and program review. (C) Develop a template for an integrated pest management plan to be used by schoolsites or school districts. The template shall outline a strategy for integrated pest management as described in Section 13181. (2) Make the model program guidebook available to schoolsites and establish a process for systematically updating the guidebook and supporting documentation. (b) The department shall promote and facilitate the voluntary adoption of integrated pest management programs at child day care facilities, as defined in Section 1596.750 of the Health and Safety Code, through the following: (1) Modifying the department’s existing integrated pest management program for schoolsites as described in subdivision (a) of Section 13183 for the child day care setting. (2) Creating or modifying existing educational and informational materials on integrated pest management for the child day care setting. (3) Making the materials available to child day care facilities and establishing a process for systematically updating them. (c) The department shall develop a training course to train any person who intends to apply pesticides on a schoolsite. The training course shall cover integrated pest management and the safe use of pesticides in relation to the unique nature of schoolsites and children’s health. The training course shall be provided by the department or an agent authorized by the department. (Amended by Stats. 2014, Ch. 848, Sec. 12. (SB 1405) Effective January 1, 2015.)
  147. 13184.

    ## 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 17. Healthy Schools Act of 2000 [13180 - 13188] ( Article 17 added by Stats. 2000, Ch. 718, Sec. 3. )

    Verify source ↗

    The department must maintain a website with pesticide-safety resources, a model program guidebook, public-impact information, school link tools, and support for inquiries.

    ## 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 17. Healthy Schools Act of 2000 [13180 - 13188] ( Article 17 added by Stats. 2000, Ch. 718, Sec. 3. ) ## 13184. (a) In implementing Section 13183, the department shall establish and maintain an Internet Web site as a comprehensive directory of resources describing and promoting least-hazardous practices at schoolsites. The Web site shall also make available an electronic copy of the model program guidebook, its updates, and supporting documentation. The department shall also establish and maintain on its Web site an easily identified link that provides the public with all appropriate information regarding the public health and environmental impacts of pesticide active ingredients and ways to reduce the use of pesticides at school facilities. (b) It is the intent of the Legislature that the state assist school districts to ensure that compliance with Section 17612 of the Education Code is simple and inexpensive. The department shall include in its Web site Internet-based links that allow schools to properly identify and list the active ingredients of pesticide products they expect to be applied during the upcoming year. Use of these links by schools is not mandatory but shall be made available to all schools at no cost. The department shall ensure that adequate resources are available to respond to inquiries from school facilities or districts regarding the use of integrated pest management practices. (Amended by Stats. 2011, Ch. 296, Sec. 106. (AB 1023) Effective January 1, 2012.)
  148. 13185.

    ## 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 17. Healthy Schools Act of 2000 [13180 - 13188] ( Article 17 added by Stats. 2000, Ch. 718, Sec. 3. )

    Verify source ↗

    The department must create an integrated pest management training program and carry out specified outreach and training steps. Schoolsites may adopt stricter pesticide use policies.

    ## 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 17. Healthy Schools Act of 2000 [13180 - 13188] ( Article 17 added by Stats. 2000, Ch. 718, Sec. 3. ) ## 13185. (a) The department shall establish an integrated pest management training program in order to facilitate the adoption of a model IPM program and least-hazardous pest control practices by schoolsites. In establishing the IPM training program, the department shall do all of the following: (1) Adopt a “train-the-trainer” approach, whenever feasible, to rapidly and broadly disseminate program information. (2) Develop curricula and promote ongoing training efforts in cooperation with the University of California and the California State University. (3) Prioritize outreach on a regional basis first and then to school districts. For outreach to child day care facilities, the department shall participate in existing trainings that provide opportunities for disseminating program information broadly on a regional basis. (b) Nothing in this article shall preclude a schoolsite from adopting stricter pesticide use policies. (Amended by Stats. 2006, Ch. 865, Sec. 5. Effective January 1, 2007.)
  149. 13186.

    ## 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 17. Healthy Schools Act of 2000 [13180 - 13188] ( Article 17 added by Stats. 2000, Ch. 718, Sec. 3. )

    Verify source ↗

    This section requires pesticide-use reporting and notice steps for certain schoolsite and child day care pesticide applications.

    ## 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 17. Healthy Schools Act of 2000 [13180 - 13188] ( Article 17 added by Stats. 2000, Ch. 718, Sec. 3. ) ## 13186. (a) The Legislature finds and declares that the Department of Pesticide Regulation, pursuant to Section 12979 of the Food and Agricultural Code and Sections 6624 and 6627 of Title 3 of the California Code of Regulations, requires persons engaged for hire in the business of pest control to maintain records of pesticide use and report a summary of that pesticide use to the county agricultural commissioner or director. The Legislature further finds and declares that it is in the interest of the state, in implementing a school integrated pest management program pursuant to this article, to collect specified information on the use of pesticides at schoolsites. (b) The Department of Pesticide Regulation shall prepare a school pesticide use form to be used by licensed and certified pest control operators when they apply any pesticides at a schoolsite. The form shall include, for each application at a schoolsite, the name and address of the schoolsite, date and location of application, pesticide product name, and the quantity of pesticide used. Nothing in this section shall change any existing applicable pesticide use reporting requirements. (c) Persons who are required to submit pesticide use records to the county agricultural commissioner or director shall complete and submit to the director the school pesticide use forms established pursuant to this section. The forms shall be submitted annually and may be submitted more often at the discretion of the pest control operator maintaining the forms. Child day care facilities, excluding family day care homes, as defined in Section 1596.78 of the Health and Safety Code, which are subject to the Healthy Schools Act of 2000, shall inform contractors hired to apply pesticides at the schoolsite that the facility must comply with the Healthy Schools Act of 2000. (d) Any person who is hired to apply pesticides at a child day care facility, excluding family day care homes, as defined in Section 1596.78 of the Health and Safety Code, shall provide that facility’s school designee with all of the following information at least 120 hours in advance of any pesticide application, except in the case of an emergency condition, as defined in Section 17609 of the Education Code: (1) The pesticide product name. (2) The pesticide manufacturer’s name. (3) The United States Environmental Protection Agency’s product registration number. (4) The active ingredient or ingredients in the pesticide product. (5) The areas of application. (6) The intended date of application. (7) The reason for the pesticide application. (e) If a person hired to apply pesticides contracts directly with the property owner or his or her agent rather than directly with the child day care facility, excluding family day care homes, as defined in Section 1596.78 of the Health and Safety Code, the property owner or his or her agent must notify the contractor that a child day care facility is being operated on the property at which the pesticides are to be applied to enable the contractor to comply with subdivision (d). (Amended by Stats. 2006, Ch. 865, Sec. 6. Effective January 1, 2007.)
  150. 13186.5.

    ## 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 17. Healthy Schools Act of 2000 [13180 - 13188] ( Article 17 added by Stats. 2000, Ch. 718, Sec. 3. )

    Verify source ↗

    People who plan to apply pesticides at certain schoolsites must complete required training, including an annual course and, for hired applicators, at least one hour before applying.

    ## 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 17. Healthy Schools Act of 2000 [13180 - 13188] ( Article 17 added by Stats. 2000, Ch. 718, Sec. 3. ) ## 13186.5. (a) Commencing July 1, 2016, and except as provided in subdivision (b), a school designee, as defined in Section 17609 of the Education Code, and any person, including, but not necessarily limited to, a schoolsite or school district employee, who, in the course of his or her work, intends to apply a pesticide at a schoolsite subject to this article, shall annually complete a training course provided by the department or an agent authorized by the department. The training course shall include integrated pest management and the safe use of pesticides in relation to the unique nature of schoolsites and children’s health. (b) (1) Commencing July 1, 2016, any person hired to apply a pesticide at a schoolsite subject to this article shall complete at least a one-hour training course in integrated pest management and the safe use of pesticides in relation to the unique nature of schoolsites and children’s health before applying pesticides at a schoolsite subject to this article and during each subsequent licensing period in which the person applies a pesticide at a schoolsite subject to this article. The training course may be applied to his or her professional continuing education requirement required by the Structural Pest Control Board or the department. (2) The training course required by paragraph (1) shall be developed by the department and may also be developed by a provider approved by the Structural Pest Control Board if the training course has been approved by the department. (3) The department shall ensure that the training course it develops or approves pursuant to paragraph (2) meets the requirements for continuing education credit required by the Structural Pest Control Board and the department. (Amended by Stats. 2015, Ch. 303, Sec. 175. (AB 731) Effective January 1, 2016.)
  151. 13187.

    ## 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 17. Healthy Schools Act of 2000 [13180 - 13188] ( Article 17 added by Stats. 2000, Ch. 718, Sec. 3. )

    Verify source ↗

    Sections 13186 and 13186.5 do not apply to agencies that sign a cooperative agreement with the State Department of Public Health under Section 116180 of the Health and Safety 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 17. Healthy Schools Act of 2000 [13180 - 13188] ( Article 17 added by Stats. 2000, Ch. 718, Sec. 3. ) ## 13187. Sections 13186 and 13186.5 shall not apply to any agency signatory to a cooperative agreement with the State Department of Public Health pursuant to Section 116180 of the Health and Safety Code. (Amended by Stats. 2014, Ch. 848, Sec. 14. (SB 1405) Effective January 1, 2015.)
  152. 13188.

    ## 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 17. Healthy Schools Act of 2000 [13180 - 13188] ( Article 17 added by Stats. 2000, Ch. 718, Sec. 3. )

    Verify source ↗

    The Director of Pesticide Regulation may adopt regulations to implement 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 17. Healthy Schools Act of 2000 [13180 - 13188] ( Article 17 added by Stats. 2000, Ch. 718, Sec. 3. ) ## 13188. The Director of Pesticide Regulation may adopt regulations to implement this article. (Added by Stats. 2000, Ch. 718, Sec. 3. Effective January 1, 2001.)
  153. 13189.

    ## 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 17.5. Pesticide Use Near Schoolsites [13189 - 13189.6] ( Article 17.5 added by Stats. 2024, Ch. 552, Sec. 1. )

    Verify source ↗

    This section defines “schoolsite” for this article by referring to the definition in Section 6690 of Title 3 of the California Code of Regulations.

    ## 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 17.5. Pesticide Use Near Schoolsites [13189 - 13189.6] ( Article 17.5 added by Stats. 2024, Ch. 552, Sec. 1. ) ## 13189. For purposes of this article, “schoolsite” has the same meaning as defined in Section 6690 of Title 3 of the California Code of Regulations. (Added by Stats. 2024, Ch. 552, Sec. 1. (AB 1864) Effective January 1, 2025.)
  154. 13189.1.

    ## 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 17.5. Pesticide Use Near Schoolsites [13189 - 13189.6] ( Article 17.5 added by Stats. 2024, Ch. 552, Sec. 1. )

    Verify source ↗

    The department must require extra reporting and identification for pesticide-related activity near schoolsites.

    ## 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 17.5. Pesticide Use Near Schoolsites [13189 - 13189.6] ( Article 17.5 added by Stats. 2024, Ch. 552, Sec. 1. ) ## 13189.1. To enable accurate reporting and enforcement of Sections 6690 to 6692, inclusive, of Title 3 of the California Code of Regulations, the department shall do all of the following: (a) Require a separate site identification number for the portion of an agricultural field that lies within one-quarter mile of a schoolsite. (b) For a permit application for agricultural use of a pesticide designated as a restricted material, as it pertains to an agricultural field of which any portion lies within one-quarter mile of a schoolsite, require reporting on the specific anticipated method of applying the pesticide as specified in Section 6691 of Title 3 of the California Code of Regulations. (c) For a notice of intent for use of a pesticide designated as a restricted material, as it pertains to an agricultural field of which any portion lies within one-quarter mile of a schoolsite, require reporting on both of the following: (1) The specific method of applying the pesticide as specified in Section 6691 of Title 3 of the California Code of Regulations. (2) The allowable dates and times of the period during which the pesticide is to be applied. (d) For pesticide use reporting forms and procedures, as they pertain to an agricultural field of which any portion lies within one-quarter mile of a schoolsite, require reporting on both of the following: (1) The specific method of applying the pesticide as specified in Section 6691 of Title 3 of the California Code of Regulations. (2) The exact date and time of the start and the end of the pesticide application. (Added by Stats. 2024, Ch. 552, Sec. 1. (AB 1864) Effective January 1, 2025.)
  155. 13189.2.

    ## 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 17.5. Pesticide Use Near Schoolsites [13189 - 13189.6] ( Article 17.5 added by Stats. 2024, Ch. 552, Sec. 1. )

    Verify source ↗

    When evaluating a county’s pesticide use enforcement program, the director must evaluate how effectively the county enforces the listed regulations and 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 17.5. Pesticide Use Near Schoolsites [13189 - 13189.6] ( Article 17.5 added by Stats. 2024, Ch. 552, Sec. 1. ) ## 13189.2. In evaluating a county’s pesticide use enforcement program, the director shall evaluate the county’s effectiveness in enforcing Sections 6690 to 6692, inclusive, of Title 3 of the California Code of Regulations and this article. (Added by Stats. 2024, Ch. 552, Sec. 1. (AB 1864) Effective January 1, 2025.)
  156. 13189.3.

    ## 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 17.5. Pesticide Use Near Schoolsites [13189 - 13189.6] ( Article 17.5 added by Stats. 2024, Ch. 552, Sec. 1. )

    Verify source ↗

    The director must adopt regulations by December 31, 2026 to update certain California Code of Regulations provisions so they also apply to private schools with kindergarten through grade 12 pupils and enrollment of six or more.

    ## 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 17.5. Pesticide Use Near Schoolsites [13189 - 13189.6] ( Article 17.5 added by Stats. 2024, Ch. 552, Sec. 1. ) ## 13189.3. On or before December 31, 2026, the director shall adopt regulations to revise Sections 6690 to 6692, inclusive, of Title 3 of the California Code of Regulations to additionally apply those provisions to private schools serving pupils in kindergarten or any of grades 1 to 12, inclusive, with an enrollment of six or more pupils. (Added by Stats. 2024, Ch. 552, Sec. 1. (AB 1864) Effective January 1, 2025.)
  157. 13189.4.

    ## 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 17.5. Pesticide Use Near Schoolsites [13189 - 13189.6] ( Article 17.5 added by Stats. 2024, Ch. 552, Sec. 1. )

    Verify source ↗

    The department and county agricultural commissioners must use state education website school directory information and maps to find eligible private schools. Property operators and applicators are protected from a violation finding if they relied on inaccurate or outdated information or maps while trying to comply.

    ## 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 17.5. Pesticide Use Near Schoolsites [13189 - 13189.6] ( Article 17.5 added by Stats. 2024, Ch. 552, Sec. 1. ) ## 13189.4. (a) The department and the county agricultural commissioners shall use private school directory information and maps available on the internet website of the State Department of Education to determine the location of private schools serving pupils in kindergarten or any of grades 1 to 12, inclusive, with an enrollment of six or more pupils. (b) An operator of property or applicator who uses the information or maps described in subdivision (a) for purposes of complying with the requirements of this chapter, or the regulations implementing this chapter, shall not be considered in violation of those requirements if the information or maps used by the operator or applicator were inaccurate or out of date and the operator’s or applicator’s actions that would otherwise be considered in violation of those requirements are solely the result of using the inaccurate or out-of-date information or maps. (Added by Stats. 2024, Ch. 552, Sec. 1. (AB 1864) Effective January 1, 2025.)
  158. 13189.5.

    ## 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 17.5. Pesticide Use Near Schoolsites [13189 - 13189.6] ( Article 17.5 added by Stats. 2024, Ch. 552, Sec. 1. )

    Verify source ↗

    This article does not apply to a school conducted in a person's residence.

    ## 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 17.5. Pesticide Use Near Schoolsites [13189 - 13189.6] ( Article 17.5 added by Stats. 2024, Ch. 552, Sec. 1. ) ## 13189.5. This article does not apply to a school conducted in a person’s residence. (Added by Stats. 2024, Ch. 552, Sec. 1. (AB 1864) Effective January 1, 2025.)
  159. 13189.6.

    ## 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 17.5. Pesticide Use Near Schoolsites [13189 - 13189.6] ( Article 17.5 added by Stats. 2024, Ch. 552, Sec. 1. )

    Verify source ↗

    This section says the article does not limit the department’s authority to amend specified regulations, so long as the amendments are consistent with the 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 17.5. Pesticide Use Near Schoolsites [13189 - 13189.6] ( Article 17.5 added by Stats. 2024, Ch. 552, Sec. 1. ) ## 13189.6. This article does not restrict the department’s authority to amend Sections 6690 to 6692, inclusive, of Title 3 of the California Code of Regulations to the extent that those amendments are consistent with this article. (Added by Stats. 2024, Ch. 552, Sec. 1. (AB 1864) Effective January 1, 2025.)
  160. 13190.

    ## 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 18. Contamination of Compost [13190 - 13192] ( Article 18 added by Stats. 2002, Ch. 591, Sec. 3. )

    Verify source ↗

    This section defines several terms used in the compost contamination article, including clopyralid, compost, department, herbicide, lawn and turf use, persistent residues in compost, plants, and weed.

    ## 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 18. Contamination of Compost [13190 - 13192] ( Article 18 added by Stats. 2002, Ch. 591, Sec. 3. ) ## 13190. (a) “Clopyralid” means 3,6-dichloro-2-pyridinecarboxylic acid. (b) “Compost” means the product resulting from the controlled biological decomposition of organic wastes that are source separated from the municipal solid waste stream, or that are separated at a centralized facility. (c) “Department” means the Department of Pesticide Regulation. (d) “Herbicide” means a pesticide, as defined in Section 12753, that is intended to kill weeds. (e) “Lawn and turf use” means a residential or nonresidential use of an herbicide on lawn and turf, including, but not limited to, lawn and turf located at schools, parks, office buildings and golf courses. Lawn and turf use does not include use of an herbicide on lawn and turf located in turf farms, uncultivated open space, agricultural rangeland or cultivated farmland. (f) “Persistent residues in compost” means residues of an herbicide in compost at levels and in a form with the potential to be toxic or injurious to plants. (g) “Plants” means desirable vegetation, except weeds. (h) “Weed” means any plant that grows where not wanted, as defined in Section 12759. (Added by Stats. 2002, Ch. 591, Sec. 3. Effective January 1, 2003.)
  161. 13191.

    ## 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 18. Contamination of Compost [13190 - 13192] ( Article 18 added by Stats. 2002, Ch. 591, Sec. 3. )

    Verify source ↗

    Most people may not sell clopyralid pesticide; sales of clopyralid pesticides labeled for lawns or turf are limited to qualified applicators or certificate holders.

    ## 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 18. Contamination of Compost [13190 - 13192] ( Article 18 added by Stats. 2002, Ch. 591, Sec. 3. ) ## 13191. (a) No person, except a pest control dealer licensed pursuant to Chapter 7 (commencing with Section 12101) of Division 6 of the Food and Agricultural Code, may sell a pesticide that contains the active ingredient clopyralid. (b) Pesticides containing the active ingredient clopyralid that are labeled for use on lawns and turf, including golf courses, may only be sold to qualified applicators licensed pursuant to Chapter 8(commencing with Section 12201) of Division 6 of the Food and Agricultural Code or issued a certificate pursuant to Chapter 3 (commencing with Section 14151) of Division 7 of the Food and Agricultural Code. (Added by Stats. 2002, Ch. 591, Sec. 3. Effective January 1, 2003.)
  162. 13192.

    ## 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 18. Contamination of Compost [13190 - 13192] ( Article 18 added by Stats. 2002, Ch. 591, Sec. 3. )

    Verify source ↗

    The department must, by April 1, 2003, identify in writing the lawn and turf uses of clopyralid that are not likely to leave persistent compost residues, and then either restrict the remaining uses or cancel any use likely to cause those residues.

    ## 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 18. Contamination of Compost [13190 - 13192] ( Article 18 added by Stats. 2002, Ch. 591, Sec. 3. ) ## 13192. Not later than April 1, 2003, the department shall, pursuant to Sections 12824 and 12825, do both of the following: (a) Determine in writing those lawn and turf uses of the herbicide clopyralid for which there is no reasonable likelihood that the specified use will result in persistent residues in compost. (b) Take either of the following actions: (1) Impose appropriate restrictions on the lawn and turf uses of the herbicide clopyralid that are not identified in the determination made pursuant to subdivision (a). (2) Cancel any lawn and turf use that the department determines is likely to result in persistent residues in compost. (Added by Stats. 2002, Ch. 591, Sec. 3. Effective January 1, 2003.)
  163. 14.

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

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    State agencies and similar bodies that are authorized to adopt rules must follow the listed Government Code procedures; building standards have to follow the Health and Safety Code process, and violations have no force or effect.

    ## Food and Agricultural Code - FAC ## GENERAL PROVISIONS AND DEFINITIONS ( General Provisions enacted by Stats. 1967, Ch. 15. ) ## 14. Wherever, pursuant to this code, any state department, officer, board, agency, committee, or commission is authorized to adopt rules and regulations, such regulations shall be adopted in accordance with Chapter 3.5 (commencing with Section 11340 ) of Part 1 of Division 3 of Title 2 of the Government Code, to the extent that that chapter is not specifically in conflict with the express terms of the provisions of this code which authorize the adoption of such regulations. Those rules and regulations which are building standards, as defined in Section 18909 of the Health and Safety Code, shall be adopted and approved pursuant to the provisions of Chapter 4 (commencing with Section 18935) of Part 2.5 of Division 13 of the Health and Safety Code unless the provisions of Sections 18930, 18933, 18938, 18940, 18943, 18944, and 18945 of the Health and Safety Code are expressly excepted in the provision of this code under which the authority to adopt the specific building standard is delegated. Any building standard adopted in violation of this section shall have no force or effect. Any building standard adopted prior to January 1, 1980, pursuant to this code and not expressly excepted by statute from such provisions of the State Building Standards Law shall remain in effect only until January 1, 1985, or until adopted, amended, or superseded by provisions published in the State Building Standards Code, whichever occurs sooner. The authority to adopt any rule, regulation, or rule and regulation which is vested in any state department, officer, board, agency, committee, or commission pursuant to this code includes the authority to amend or repeal the rule, regulation, or rule and regulation. (Amended by Stats. 1982, Ch. 454, Sec. 22.)
  164. 14001.

    ## 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 3. Restricted Materials [14001 - 14086] ( Heading of Chapter 3 amended by Stats. 1971, Ch. 1276. ) ## ARTICLE 1. Generally [14001 - 14015] ( Article 1 enacted by Stats. 1967, Ch. 15. )

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    The director must control and otherwise regulate the use of restricted materials that meet the criteria of Section 14004.5.

    ## 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 3. Restricted Materials [14001 - 14086] ( Heading of Chapter 3 amended by Stats. 1971, Ch. 1276. ) ## ARTICLE 1. Generally [14001 - 14015] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 14001. The director shall control and otherwise regulate the use of restricted materials found to meet the criteria of Section 14004.5. (Repealed and added by Stats. 1971, Ch. 1276.)
  165. 14002.

    ## 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 3. Restricted Materials [14001 - 14086] ( Heading of Chapter 3 amended by Stats. 1971, Ch. 1276. ) ## ARTICLE 1. Generally [14001 - 14015] ( Article 1 enacted by Stats. 1967, Ch. 15. )

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    This section says Chapter 3 applies to U.S. agencies, California state agencies, their subdivisions, and their officers, agents, and employees.

    ## 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 3. Restricted Materials [14001 - 14086] ( Heading of Chapter 3 amended by Stats. 1971, Ch. 1276. ) ## ARTICLE 1. Generally [14001 - 14015] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 14002. This chapter applies to all agencies of the United States and the State of California and its subdivisions or to their officers, agents, or employees. Nothing in this section affects the liability of a public entity under Section 862 of the Government Code. (Amended by Stats. 1976, Ch. 1223.)
  166. 14003.

    ## 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 3. Restricted Materials [14001 - 14086] ( Heading of Chapter 3 amended by Stats. 1971, Ch. 1276. ) ## ARTICLE 1. Generally [14001 - 14015] ( Article 1 enacted by Stats. 1967, Ch. 15. )

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    This section says the article does not remove liability for damage to another person or their property caused by using a restricted material.

    ## 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 3. Restricted Materials [14001 - 14086] ( Heading of Chapter 3 amended by Stats. 1971, Ch. 1276. ) ## ARTICLE 1. Generally [14001 - 14015] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 14003. This article does not relieve any person from liability for any damage to the person or property of another person which is caused by the use of any restricted material. (Amended by Stats. 1971, Ch. 1276.)
  167. 14004.

    ## 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 3. Restricted Materials [14001 - 14086] ( Heading of Chapter 3 amended by Stats. 1971, Ch. 1276. ) ## ARTICLE 1. Generally [14001 - 14015] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director and each county commissioner must enforce this chapter and the regulations issued under 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 3. Restricted Materials [14001 - 14086] ( Heading of Chapter 3 amended by Stats. 1971, Ch. 1276. ) ## ARTICLE 1. Generally [14001 - 14015] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 14004. The director, and the commissioner of each county under the direction and supervision of the director, shall enforce this chapter and the regulations issued pursuant to it. (Enacted by Stats. 1967, Ch. 15.)
  168. 14004.5.

    ## 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 3. Restricted Materials [14001 - 14086] ( Heading of Chapter 3 amended by Stats. 1971, Ch. 1276. ) ## ARTICLE 1. Generally [14001 - 14015] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director must adopt by regulation a list of restricted materials when needed to carry out this division.

    ## 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 3. Restricted Materials [14001 - 14086] ( Heading of Chapter 3 amended by Stats. 1971, Ch. 1276. ) ## ARTICLE 1. Generally [14001 - 14015] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 14004.5. The director shall, by regulation, designate and establish as necessary to carry out the purposes of this division, a list of restricted materials based upon, but not limited to, any of the following criteria: (a) Danger of impairment of public health. (b) Hazards to applicators and farmworkers. (c) Hazards to domestic animals, including honeybees, or to crops from direct application or drift. (d) Hazard to the environment from drift onto streams, lakes, and wildlife sanctuaries. (e) Hazards related to persistent residues in the soil resulting ultimately in contamination of the air, waterways, estuaries or lakes, with consequent damage to fish, wild birds, and other wildlife. (f) Hazards to subsequent crops through persistent soil residues. (Amended by Stats. 1985, Ch. 256, Sec. 1.)
  169. 14005.

    ## 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 3. Restricted Materials [14001 - 14086] ( Heading of Chapter 3 amended by Stats. 1971, Ch. 1276. ) ## ARTICLE 1. Generally [14001 - 14015] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director must adopt regulations governing the possession and use of restricted materials found to be injurious, subject to an exception in Section 14006.6(d).

    ## 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 3. Restricted Materials [14001 - 14086] ( Heading of Chapter 3 amended by Stats. 1971, Ch. 1276. ) ## ARTICLE 1. Generally [14001 - 14015] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 14005. Except as provided in subdivision (d) of Section 14006.6, the director shall adopt regulations which govern the possession and use of any restricted material which he or she finds and determines is injurious to the environment or to any person, animal, crop, or other property. (Amended by Stats. 1986, Ch. 1266, Sec. 15.)
  170. 14006.

    ## 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 3. Restricted Materials [14001 - 14086] ( Heading of Chapter 3 amended by Stats. 1971, Ch. 1276. ) ## ARTICLE 1. Generally [14001 - 14015] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The regulations must set when and under what conditions restricted materials may be used or possessed in different areas of the state, and they may also prohibit that use or possession.

    ## 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 3. Restricted Materials [14001 - 14086] ( Heading of Chapter 3 amended by Stats. 1971, Ch. 1276. ) ## ARTICLE 1. Generally [14001 - 14015] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 14006. The regulations shall prescribe the time when, and the conditions under which, a restricted material may be used or possessed in different areas of the state, and may prohibit its use or possession in those areas. This usage shall be limited to those situations in which it is reasonably certain that no injury will result, or no nonrestricted material or procedure is equally effective and practical. They may provide that a restricted material shall be used only under permit of the commissioner or under the direct supervision of the commissioner, subject to any of the following limitations: (a) In certain areas. (b) Under certain conditions relating to safety. (c) When used in excess of certain quantities or concentrations. (d) When used in certain mixtures. (e) In compliance with the industrial safety orders of the Department of Industrial Relations and any order of the director or commissioner. (f) On agreement by the owner or person in possession of the property to be treated to comply with certain conditions. (g) Any other limitation the director determines to be necessary to effectuate the purposes of this chapter. This section shall become operative on January 1, 1991. (Repealed (in Sec. 7) and added by Stats. 1987, Ch. 1284, Sec. 8. Section operative January 1, 1991, by its own provisions.)
  171. 14006.5.

    ## 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 3. Restricted Materials [14001 - 14086] ( Heading of Chapter 3 amended by Stats. 1971, Ch. 1276. ) ## ARTICLE 1. Generally [14001 - 14015] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    People may not use or possess a restricted-material pesticide for agricultural use unless they have a written permit from the commissioner, subject to Section 14006.6.

    ## 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 3. Restricted Materials [14001 - 14086] ( Heading of Chapter 3 amended by Stats. 1971, Ch. 1276. ) ## ARTICLE 1. Generally [14001 - 14015] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 14006.5. (a) Except as provided in Section 14006.6, a person shall not use or possess a pesticide designated as a restricted material for any agricultural use except under a written permit of the commissioner. A permit shall not be issued for any restricted material for use in any manner other than pursuant to its registration without the approval of the director. In addition, a permit shall not be granted if the commissioner determines that paragraph (1), (2), or (3) of subdivision (a) of Section 12825 would be applicable to the proposed use. (b) Before issuing a permit for a pesticide, the commissioner shall consider local conditions, including, but not limited to, all of the following: (1) Use in vicinity of schools, dwellings, hospitals, recreational areas, and livestock enclosures. (2) Problems related to heterogeneous planting of crops. (3) Applications of materials known to create severe resurgence or secondary pest problems without compensating control of pest species. (4) Meteorological conditions for use. (5) Timing of applications in relation to bee activity. (6) Provisions for proper storage of pesticides and disposal of containers. (c) Each permit issued for any pesticide shall include conditions for use in writing. (Amended by Stats. 2024, Ch. 60, Sec. 24. (AB 2113) Effective July 2, 2024.)
  172. 14006.6.

    ## 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 3. Restricted Materials [14001 - 14086] ( Heading of Chapter 3 amended by Stats. 1971, Ch. 1276. ) ## ARTICLE 1. Generally [14001 - 14015] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section says permits are generally not required for certain pesticide use or possession, including some agricultural use, qualified research or experimentation, registrants, licensed pest control dealers, commercial warehouses, and some licensed operators.

    ## 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 3. Restricted Materials [14001 - 14086] ( Heading of Chapter 3 amended by Stats. 1971, Ch. 1276. ) ## ARTICLE 1. Generally [14001 - 14015] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 14006.6. (a) A permit shall not be required for the agricultural use of any pesticide not designated as a restricted material unless the commissioner determines that its use will present an undue hazard when used under local conditions. (b) Permits for the use of pesticides shall not be required of persons found to be qualified by the director who are engaged in experimentation or research on the use of pesticides, where no charge is made to the person in charge of the property treated. (c) A permit shall not be required for the possession of pesticides by a registrant, as defined in Section 12755, or by a licensed pest control dealer when operating pursuant to the registration or the license; by commercial warehouses storing pesticides; or for the possession and use of these materials when specifically exempted by regulation of the director in cases in which the mitigation measures provided by the permit system are not necessary to avoid injury to the environment or to any person, animal, crop, or property. (d) Permits for the use of pesticides shall not be required of persons operating pursuant to a license issued under Chapter 14 (commencing with Section 8500) of Division 3 of the Business and Professions Code. (Amended by Stats. 1993, Ch. 620, Sec. 25. Effective January 1, 1994.)
  173. 14006.7.

    ## 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 3. Restricted Materials [14001 - 14086] ( Heading of Chapter 3 amended by Stats. 1971, Ch. 1276. ) ## ARTICLE 1. Generally [14001 - 14015] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director must adopt, by regulation, a list of exempt materials. Those materials may be used without a permit if the use follows the registered label or printed instructions.

    ## 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 3. Restricted Materials [14001 - 14086] ( Heading of Chapter 3 amended by Stats. 1971, Ch. 1276. ) ## ARTICLE 1. Generally [14001 - 14015] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 14006.7. The director shall designate, by regulation, a list of “exempt materials” for which the director finds additional restrictions, other than registration and labeling requirements, are not necessary to carry out the purposes of this chapter. The exempt materials may be used without a permit if the use conforms with the registered label or printed instructions. (Amended by Stats. 1985, Ch. 256, Sec. 3.)
  174. 14007.

    ## 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 3. Restricted Materials [14001 - 14086] ( Heading of Chapter 3 amended by Stats. 1971, Ch. 1276. ) ## ARTICLE 1. Generally [14001 - 14015] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Permits issued under this chapter are conditional on compliance, and the permittee or designated agent must immediately report changes in permit information to the appropriate commissioner.

    ## 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 3. Restricted Materials [14001 - 14086] ( Heading of Chapter 3 amended by Stats. 1971, Ch. 1276. ) ## ARTICLE 1. Generally [14001 - 14015] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 14007. (a) Every permit that is issued under the regulations adopted pursuant to this chapter is conditioned upon compliance with this code and regulations adopted pursuant thereto and upon other specified conditions that may be required to accomplish the purposes of this chapter. (b) Any permit may be issued for a one-year period. Permits issued for perennial agricultural plantings, nonproduction agricultural sites, or nonagricultural sites may be issued for up to a three-year period. (c) The permittee or a designated agent shall report immediately any change in the information submitted or pertinent to the issuance of a valid permit to the appropriate commissioner. (Amended by Stats. 1996, Ch. 435, Sec. 8. Effective January 1, 1997.)
  175. 14008.

    ## 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 3. Restricted Materials [14001 - 14086] ( Heading of Chapter 3 amended by Stats. 1971, Ch. 1276. ) ## ARTICLE 1. Generally [14001 - 14015] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A permit may be refused, revoked, or suspended if its conditions, a previous permit, this division, its regulations, a civil penalty, or a final lawful order of the commissioner is violated or not complied with.

    ## 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 3. Restricted Materials [14001 - 14086] ( Heading of Chapter 3 amended by Stats. 1971, Ch. 1276. ) ## ARTICLE 1. Generally [14001 - 14015] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 14008. Any permit may be refused, revoked, or suspended for violation of any of the conditions of the permit, or of a previous permit, or for violation of any provision of this division or of the regulations that are issued pursuant to it, or for the failure to pay a civil penalty or comply with any lawful order of the commissioner, once that order is final. (Amended by Stats. 2000, Ch. 806, Sec. 7. Effective January 1, 2001.)
  176. 14009.

    ## 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 3. Restricted Materials [14001 - 14086] ( Heading of Chapter 3 amended by Stats. 1971, Ch. 1276. ) ## ARTICLE 1. Generally [14001 - 14015] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    An interested person may request review of certain permit actions on restricted materials, and the commissioner and director must follow set review timelines and reporting duties.

    ## 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 3. Restricted Materials [14001 - 14086] ( Heading of Chapter 3 amended by Stats. 1971, Ch. 1276. ) ## ARTICLE 1. Generally [14001 - 14015] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 14009. (a) (1) An interested person may request the commissioner to review their action in issuing, refusing, revoking, suspending, or conditioning a permit to use or possess a restricted material. The request for review of the commissioner’s action shall be limited to the issues described in subdivision (d). The commissioner shall review the request and issue a written decision in response to the request to review within 10 days of receipt of the request. If the commissioner is unable to complete the review within 10 days, the commissioner shall notify the person requesting a review in writing, including an estimated timeline for completion. The commissioner may affirm, modify, or cancel the permit action reviewed. An interested person may thereafter appeal to the director to review the commissioner’s action within 30 days of the date of receiving the commissioner’s written decision. (2) No later than January 31 of each year, the commissioner shall report to the director the number and share of total reviews within their jurisdiction in the previous calendar year that were not completed within the 10-day timeline provided in this subdivision, the average number of days required for review, and the number of permits that were affirmed, modified, or cancelled. (b) The commissioner and director shall conduct each review in an expeditious manner so that needed pest control measures are not adversely affected. (c) Each request for review, limited to the issues described in subdivision (d), shall be submitted in writing to the commissioner by the person requesting the review and shall include all of the following: (1) The location of persons, property, or areas that would be affected and the location of property to be treated. (2) The name of the restricted material involved. (3) The name and address of the person in charge of the property to be treated, if different from the person filing the request for review. (4) Any other information that the person filing the request for review or the commissioner determines to be relevant. (d) In an appeal of a commissioner’s action to the director, the issues are limited to any of the following: (1) Whether the proposed permit use is consistent with applicable pesticide label restrictions and applicable regulations. (2) Whether the commissioner properly considered Section 14006.5. (3) Whether the commissioner abused their discretion in issuing, refusing, revoking, or conditioning the permit. (e) The director shall act on these appeals within 10 days of receipt thereof. If the director is unable to complete the review within 10 days, the director shall notify the appellant, in writing, including an estimated timeline for completion. The director may stay the operation of a permit until their review is complete. As part of its annual reporting requirements pursuant to subdivision (c) of Section 12824.5, the department shall report the number and share of total cases in which the director did not meet the timeline provided in this subdivision, the average number of days required for review of appeals, and the number of permits that were affirmed, modified, or cancelled. (f) (1) Before acting on an appeal, the director shall make publicly available all of the information provided to them as specified in this section if requested to do so in writing by any interested person. (2) At any time before acting on an appeal, the director may request additional testimony or other evidence specified in this section at the public review from interested persons. (g) Judicial review of any decision by the director pursuant to this section shall be pursuant to Section 1094.5 of the Code of Civil Procedure. Review shall be limited to whether the proposed permit use is consistent with applicable pesticide label restrictions and regulations and whether the director abused their discretion. (Amended by Stats. 2024, Ch. 60, Sec. 25. (AB 2113) Effective July 2, 2024.)
  177. 14010.

    ## 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 3. Restricted Materials [14001 - 14086] ( Heading of Chapter 3 amended by Stats. 1971, Ch. 1276. ) ## ARTICLE 1. Generally [14001 - 14015] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A person may not sell or deliver a restricted material to someone who must have a permit, unless a permit copy is provided at delivery.

    ## 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 3. Restricted Materials [14001 - 14086] ( Heading of Chapter 3 amended by Stats. 1971, Ch. 1276. ) ## ARTICLE 1. Generally [14001 - 14015] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 14010. It is unlawful for any person to sell or deliver any restricted material to any person that is required by regulations adopted by the director to have a permit to possess or use the restricted material unless the permittee, or the permittee’s agent to whom delivery is made, provides to the seller or the person delivering the restricted material a copy of a permit which authorizes possession or use of the kind and quantity of the restricted material on the date the restricted material is delivered. (Amended by Stats. 1987, Ch. 507, Sec. 1.)
  178. 14011.

    ## 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 3. Restricted Materials [14001 - 14086] ( Heading of Chapter 3 amended by Stats. 1971, Ch. 1276. ) ## ARTICLE 1. Generally [14001 - 14015] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A person must not apply a restricted material if regulations have been adopted, unless the application is allowed by regulations adopted 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 3. Restricted Materials [14001 - 14086] ( Heading of Chapter 3 amended by Stats. 1971, Ch. 1276. ) ## ARTICLE 1. Generally [14001 - 14015] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 14011. It is unlawful for any person to apply any restricted material for which regulations have been adopted except as provided in the regulations which are adopted by the director. (Amended by Stats. 1971, Ch. 1276.)
  179. 14011.5.

    ## 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 3. Restricted Materials [14001 - 14086] ( Heading of Chapter 3 amended by Stats. 1971, Ch. 1276. ) ## ARTICLE 1. Generally [14001 - 14015] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A pesticide use report must be submitted to the commissioner within seven days after each use of a restricted material, unless regulations adopted by the director provide 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 3. Restricted Materials [14001 - 14086] ( Heading of Chapter 3 amended by Stats. 1971, Ch. 1276. ) ## ARTICLE 1. Generally [14001 - 14015] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 14011.5. Except as may be provided in regulations adopted by the director, a pesticide use report shall be submitted to the commissioner, on a form prescribed by the director, within seven days after each use of a restricted material. (Added by Stats. 1980, Ch. 926. Effective September 18, 1980.)
  180. 14012.

    ## 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 3. Restricted Materials [14001 - 14086] ( Heading of Chapter 3 amended by Stats. 1971, Ch. 1276. ) ## ARTICLE 1. Generally [14001 - 14015] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Certain pesticide registrants who sell or transfer restricted materials must keep accurate records, and those records must be open to the director’s inspection.

    ## 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 3. Restricted Materials [14001 - 14086] ( Heading of Chapter 3 amended by Stats. 1971, Ch. 1276. ) ## ARTICLE 1. Generally [14001 - 14015] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 14012. (a) Any person who is required to register pesticides under Article 4 (commencing with Section 12811) of Chapter 2, and who sells or transfers any restricted material, shall keep accurate records of the amount and type of material involved in every sale or transfer of any restricted material. The records shall be open during ordinary business hours to the inspection of the director. (b) Each commissioner shall submit to the director a copy of each pesticide use report received pursuant to Section 14011.5, and any other relevant information the director may require. Copies of the reports from the commissioners shall be rendered to the director within one calendar month after they are received. The contents of these reports shall be summarized quarterly by the director as to the type of material and amounts, and the summaries shall be made a public record. The director may publish or distribute the summaries. (Amended by Stats. 1996, Ch. 361, Sec. 94. Effective January 1, 1997.)
  181. 14015.

    ## 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 3. Restricted Materials [14001 - 14086] ( Heading of Chapter 3 amended by Stats. 1971, Ch. 1276. ) ## ARTICLE 1. Generally [14001 - 14015] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Restricted materials may be possessed or used only by certain certified applicators, or under their direct supervision, unless a director-adopted regulation provides 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 3. Restricted Materials [14001 - 14086] ( Heading of Chapter 3 amended by Stats. 1971, Ch. 1276. ) ## ARTICLE 1. Generally [14001 - 14015] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 14015. Except as provided by regulation adopted by the director, a restricted material shall only be possessed or used by, or under the direct supervision of, a private applicator, who is certified pursuant to Section 14093, or a certified commercial applicator, as defined by Section 6000 of Title 3 of the California Code of Regulations. (Added by Stats. 1995, Ch. 705, Sec. 2. Effective January 1, 1996.)
  182. 14021.

    ## 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 3. Restricted Materials [14001 - 14086] ( Heading of Chapter 3 amended by Stats. 1971, Ch. 1276. ) ## ARTICLE 1.5. Pesticides [14021 - 14027] ( Article 1.5 added by Stats. 1983, Ch. 1047, Sec. 2. )

    Verify source ↗

    This section defines “pesticide” by cross-reference, defines “toxic air contaminant,” and requires the director to identify certain hazardous-air-pollutant pesticides as toxic air contaminants.

    ## 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 3. Restricted Materials [14001 - 14086] ( Heading of Chapter 3 amended by Stats. 1971, Ch. 1276. ) ## ARTICLE 1.5. Pesticides [14021 - 14027] ( Article 1.5 added by Stats. 1983, Ch. 1047, Sec. 2. ) ## 14021. (a) As used in this article, “pesticide” is defined in Section 12753. (b) For purposes of this article, “toxic air contaminant” means an air pollutant that may cause or contribute to an increase in mortality or an increase in serious illness, or which may pose a present or potential hazard to human health. Pesticides that have been identified as hazardous air pollutants pursuant to Section 7412 of Title 42 of the United States Code shall be identified by the director as toxic air contaminants. (Amended by Stats. 1996, Ch. 361, Sec. 95. Effective January 1, 1997.)
  183. 14022.

    ## 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 3. Restricted Materials [14001 - 14086] ( Heading of Chapter 3 amended by Stats. 1971, Ch. 1276. ) ## ARTICLE 1.5. Pesticides [14021 - 14027] ( Article 1.5 added by Stats. 1983, Ch. 1047, Sec. 2. )

    Verify source ↗

    The director must evaluate certain pesticides’ health effects, usually within 90 days after receiving specified scientific data, and may extend that deadline by up to 30 days for stated reasons.

    ## 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 3. Restricted Materials [14001 - 14086] ( Heading of Chapter 3 amended by Stats. 1971, Ch. 1276. ) ## ARTICLE 1.5. Pesticides [14021 - 14027] ( Article 1.5 added by Stats. 1983, Ch. 1047, Sec. 2. ) ## 14022. (a) In consultation with the Office of Environmental Health Hazard Assessment and the State Air Resources Board, the director shall evaluate the health effects of pesticides that may be or are emitted into the ambient air of California and that may be determined to be a toxic air contaminant that poses a present or potential hazard to human health. Upon request of the State Air Resources Board, the director shall include a pesticide for evaluation. (b) The director shall complete the evaluation of a pesticide within 90 days after receiving the scientific data specified in subdivision (c) from the Office of Environmental Health Hazard Assessment and the State Air Resources Board. The director may extend the 90-day deadline for a period not to exceed 30 days if the director transmits to the Assembly Committee on Rules and the Senate Committee on Rules, for transmittal to the appropriate standing, select, or joint committee of the Legislature, a statement of reasons for extension of the deadline. (c) In conducting this evaluation, the director shall consider all available scientific data, including, but not limited to, relevant data provided by the Office of Environmental Health Hazard Assessment, the Occupational Safety and Health Division of the Department of Industrial Relations, international and federal health agencies, private industry, academic researchers, and public health and environmental organizations. At the request of the director, the State Air Resources Board shall document the level of airborne emissions and the Office of Environmental Health Hazard Assessment shall provide an assessment of related health effects of pesticides that may be determined to pose a present or potential hazard and each agency shall provide technical assistance to the department as it conducts its evaluation. (d) The director may request, and any person shall provide, information on any substance that is or may be under evaluation and that is manufactured, distributed, or used by the person to whom the request is made, in order to carry out the director’s responsibilities pursuant to this chapter. Any person providing information pursuant to this subdivision shall identify, at the request of the director, that portion of the information submitted to the department that is a trade secret and, upon the request of the director, shall provide documentation to support the claim of the trade secret. Information supplied that is a trade secret, as specified in Section 7924.510 of the Government Code, and that is so marked at the time of submission shall not be released to the public by the director, except in accordance with Section 1060 of the Evidence Code and Section 21160 of the Public Resources Code. (e) The director shall give priority to the evaluation and regulation of substances based on factors related to the risk of harm to public health, amount or potential amount of emissions, manner of usage of the pesticide in California, persistence in the atmosphere, and ambient concentrations in the community. (Amended by Stats. 2021, Ch. 615, Sec. 122. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)
  184. 14023.

    ## 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 3. Restricted Materials [14001 - 14086] ( Heading of Chapter 3 amended by Stats. 1971, Ch. 1276. ) ## ARTICLE 1.5. Pesticides [14021 - 14027] ( Article 1.5 added by Stats. 1983, Ch. 1047, Sec. 2. )

    Verify source ↗

    The director must prepare and publish a health-effects report on certain pesticides, work with specified agencies, and follow review and hearing steps before listing pesticides as toxic air contaminants.

    ## 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 3. Restricted Materials [14001 - 14086] ( Heading of Chapter 3 amended by Stats. 1971, Ch. 1276. ) ## ARTICLE 1.5. Pesticides [14021 - 14027] ( Article 1.5 added by Stats. 1983, Ch. 1047, Sec. 2. ) ## 14023. (a) Upon completion of the evaluation conducted pursuant to Section 14022, the director shall, in consultation and with the participation of the Office of Environmental Health Hazard Assessment, prepare a report on the health effects of the pesticide that may be determined to be a toxic air contaminant that poses a present or potential hazard to human health due to airborne emission from its use. The report shall assess the availability and quality of data on health effects, including potency, mode of action, and other relevant biological factors, of the substance. The report shall also contain an estimate of the levels of exposure that may cause or contribute to adverse health effects and, in the case where there is no threshold of significant adverse health effects, the range of risk to humans, resulting from current or anticipated exposure. The report shall include the findings of the Office of Environmental Health Hazard Assessment. The report shall be made available to the public, subject to subdivision (d) of Section 14022. (b) The report prepared pursuant to subdivision (a) shall be formally reviewed by the scientific review panel established according to Section 39670 of the Health and Safety Code. The director shall also make available the data deemed necessary to the scientific review panel, according to departmental procedures established to ensure confidentiality of proprietary information. The panel shall review, as appropriate, the scientific data on which the report is based, the scientific procedures and methods used to support the data, and the conclusions and assessments on which the report is based. The panel shall submit its written findings to the director within 45 days after receiving the report, but it may petition the director for an extension of the deadline, which may not exceed 15 working days. (c) If the scientific review panel determines that the health effects report is seriously deficient, the report shall be returned to the director who shall revise and resubmit the report, within 30 days following receipt of the panel’s determination, to the panel before development of emission control measures. (d) Within 10 working days following receipt of the findings of the scientific review panel pursuant to subdivision (b), the director shall prepare a hearing notice and a proposed regulation that shall include the proposed determination as to whether a pesticide is a toxic air contaminant. After conducting a public hearing pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the director shall list, by regulation, pesticides determined to be toxic air contaminants. (e) The director shall determine, in consultation with the Office of Environmental Health Hazard Assessment, the State Air Resources Board, and the air pollution control districts or air quality management districts in the affected counties, the need for and appropriate degree of control measures for each pesticide listed as a toxic air contaminant pursuant to subdivision (d). Any person may submit written information for consideration by the director in making determinations on control measures. The director’s written determination and any formal written comments made by the consulting agencies shall be made available to the public. (f) For each pesticide identified by the director as a toxic air contaminant based on its listing as a hazardous air pollutant pursuant to Section 7412 of Title 42 of the United States Code for which a risk assessment has been completed, the director, in consultation with the Office of Environmental Health Hazard Assessment, the State Air Resources Board, and the air pollution control or air quality management districts in the affected counties, shall determine the need for and appropriate degree of control measures. Any person may submit written information for consideration by the director in making determinations on control measures. The director’s written determination and any formal written comments made by the consulting agencies shall be made available to the public. (Amended by Stats. 2013, Ch. 584, Sec. 2. (AB 304) Effective January 1, 2014.)
  185. 14024.

    ## 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 3. Restricted Materials [14001 - 14086] ( Heading of Chapter 3 amended by Stats. 1971, Ch. 1276. ) ## ARTICLE 1.5. Pesticides [14021 - 14027] ( Article 1.5 added by Stats. 1983, Ch. 1047, Sec. 2. )

    Verify source ↗

    The director must develop and adopt pesticide control measures, after consultation and a public hearing, to protect public health and reduce harmful exposure.

    ## 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 3. Restricted Materials [14001 - 14086] ( Heading of Chapter 3 amended by Stats. 1971, Ch. 1276. ) ## ARTICLE 1.5. Pesticides [14021 - 14027] ( Article 1.5 added by Stats. 1983, Ch. 1047, Sec. 2. ) ## 14024. (a) For those pesticides for which a need for control measures has been determined pursuant to subdivision (e) or (f) of Section 14023 and pursuant to provisions of this code, the director, in consultation with the agricultural commissioners, air pollution control districts, and air quality management districts in the affected counties, shall develop control measures designed to reduce emissions sufficiently so that the source will not expose the public to the levels of exposure that may cause or contribute to significant adverse health effects. If no demonstrable safe level or threshold of significant adverse health effects has been established by the director, the control measures shall be designed to adequately prevent an endangerment of public health through the application of best practicable control techniques. (b) Best practicable control techniques may include, but are not limited to, the following: (1) Label amendments. (2) Applicator training. (3) Restrictions on use patterns or locations. (4) Changes in application procedures. (5) Reclassification as a restricted material. (6) Cancellation. (c) (1) The director shall follow the consultation procedures set forth in subdivision (a) and, within two years of the determination of the need for control measures pursuant to subdivision (e) or (f) of Section 14023, shall adopt control measures to protect human health. (2) (A) If the director is unable to adopt control measures to protect human health within two years of the determination of the need for control measures pursuant to paragraph (1), the director shall submit a report to the appropriate committees of the Legislature setting forth the reasons this requirement has not been met. (B) The director shall update the report submitted to the appropriate committees of the Legislature pursuant to subparagraph (A) every two years until the control measures have been adopted. (C) If the registration for the use of a particular pesticide is rescinded or if the director determines there has been a dramatic decline in the use of a particular pesticide so that control measures for that particular pesticide are no longer needed, the director shall include this information in the report submitted to the appropriate committees of the Legislature pursuant to subparagraph (A) and the director’s obligations pursuant to paragraph (1) shall be deemed to have been met. (d) For purposes of this section, with respect to any pesticide for which a determination of the need for control measures was made before January 1, 2014, the two-year period described in subdivision (c) shall commence on January 1, 2014. (e) After conducting a public hearing pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the director shall adopt, by regulation, control measures, including application of the best practicable control techniques enumerated in subdivision (b) or any other best applicable control technique, for those pesticides for which a need has been determined. (Amended by Stats. 2013, Ch. 584, Sec. 3. (AB 304) Effective January 1, 2014.)
  186. 14025.

    ## 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 3. Restricted Materials [14001 - 14086] ( Heading of Chapter 3 amended by Stats. 1971, Ch. 1276. ) ## ARTICLE 1.5. Pesticides [14021 - 14027] ( Article 1.5 added by Stats. 1983, Ch. 1047, Sec. 2. )

    Verify source ↗

    Any person may ask the department to review a determination under this article, and the petition must include specified scientific evidence.

    ## 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 3. Restricted Materials [14001 - 14086] ( Heading of Chapter 3 amended by Stats. 1971, Ch. 1276. ) ## ARTICLE 1.5. Pesticides [14021 - 14027] ( Article 1.5 added by Stats. 1983, Ch. 1047, Sec. 2. ) ## 14025. Any person may petition the department to review a determination made pursuant to this article. The petition shall specify the additional scientific evidence regarding the health effects of a pesticide which was not available at the time the original determination was made and any other evidence which would justify a revised determination. (Added by Stats. 1983, Ch. 1047, Sec. 2.)
  187. 14026.

    ## 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 3. Restricted Materials [14001 - 14086] ( Heading of Chapter 3 amended by Stats. 1971, Ch. 1276. ) ## ARTICLE 1.5. Pesticides [14021 - 14027] ( Article 1.5 added by Stats. 1983, Ch. 1047, Sec. 2. )

    Verify source ↗

    This section says the article does not change the department’s authority over pesticides that are not determined to be toxic air contaminants.

    ## 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 3. Restricted Materials [14001 - 14086] ( Heading of Chapter 3 amended by Stats. 1971, Ch. 1276. ) ## ARTICLE 1.5. Pesticides [14021 - 14027] ( Article 1.5 added by Stats. 1983, Ch. 1047, Sec. 2. ) ## 14026. Nothing in this article shall be construed to limit or expand the department’s authority regarding pesticides which are not determined to be toxic air contaminants. (Added by Stats. 1983, Ch. 1047, Sec. 2.)
  188. 14027.

    ## 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 3. Restricted Materials [14001 - 14086] ( Heading of Chapter 3 amended by Stats. 1971, Ch. 1276. ) ## ARTICLE 1.5. Pesticides [14021 - 14027] ( Article 1.5 added by Stats. 1983, Ch. 1047, Sec. 2. )

    Verify source ↗

    A person who violates certain rules, emission limits, or permit conditions under this article can be liable for a civil penalty of up to $10,000 per day.

    ## 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 3. Restricted Materials [14001 - 14086] ( Heading of Chapter 3 amended by Stats. 1971, Ch. 1276. ) ## ARTICLE 1.5. Pesticides [14021 - 14027] ( Article 1.5 added by Stats. 1983, Ch. 1047, Sec. 2. ) ## 14027. (a) Notwithstanding Section 12998, any person who violates any rule or regulation, emission limitation, or permit condition adopted pursuant to this article is liable for a civil penalty not to exceed ten thousand dollars ($10,000) for each day in which the violation occurs. In assessing a civil penalty under this article, the court shall consider the appropriateness of the penalty with respect to the following factors: (1) The size of the business of the person being charged. (2) The gravity of the violation. (3) The good faith of the person being charged. (4) The history of previous violations. Any money recovered under this section shall be paid into the Department of Food and Agriculture Fund for use by the department in administering this division and Division 6 (commencing with Section 11401). (b) Liability may be imposed under subdivision (a) only if the department establishes that the violation was caused by an act which was the result of intentional or negligent conduct by the person accused of the violation. (Added by Stats. 1984, Ch. 1380, Sec. 4. Note: See this section as modified on July 17, 1991, in Governor's Reorganization Plan No. 1 of 1991.)
  189. 14031.

    ## 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 3. Restricted Materials [14001 - 14086] ( Heading of Chapter 3 amended by Stats. 1971, Ch. 1276. ) ## ARTICLE 2. 2,4-D and Other Herbicides [14031 - 14034] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This article defines “2,4-D” as any form of 2,4-dichlorophenoxyacetic acid.

    ## 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 3. Restricted Materials [14001 - 14086] ( Heading of Chapter 3 amended by Stats. 1971, Ch. 1276. ) ## ARTICLE 2. 2,4-D and Other Herbicides [14031 - 14034] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 14031. As used in this article, “2,4-D” means any form of 2,4-dichlorophenoxyacetic acid. (Enacted by Stats. 1967, Ch. 15.)
  190. 14032.

    ## 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 3. Restricted Materials [14001 - 14086] ( Heading of Chapter 3 amended by Stats. 1971, Ch. 1276. ) ## ARTICLE 2. 2,4-D and Other Herbicides [14031 - 14034] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A person must not use 2,4-D or another herbicide that the director, after hearing, finds is injurious to any crop, except as otherwise provided in this article or in director-adopted regulations.

    ## 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 3. Restricted Materials [14001 - 14086] ( Heading of Chapter 3 amended by Stats. 1971, Ch. 1276. ) ## ARTICLE 2. 2,4-D and Other Herbicides [14031 - 14034] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 14032. Except as otherwise provided in this article and in the regulations which are adopted by the director, it is unlawful for any person to use any form of 2,4-D or any other herbicide which the director finds and determines, after hearing, is injurious to any crop. (Enacted by Stats. 1967, Ch. 15.)
  191. 14033.

    ## 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 3. Restricted Materials [14001 - 14086] ( Heading of Chapter 3 amended by Stats. 1971, Ch. 1276. ) ## ARTICLE 2. 2,4-D and Other Herbicides [14031 - 14034] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director must adopt regulations controlling the use of 2,4-D and other herbicides found injurious to crops, and may set timing, conditions, and permit/supervision rules for restricted herbicides.

    ## 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 3. Restricted Materials [14001 - 14086] ( Heading of Chapter 3 amended by Stats. 1971, Ch. 1276. ) ## ARTICLE 2. 2,4-D and Other Herbicides [14031 - 14034] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 14033. The director shall adopt regulations that govern the use of 2,4-D and any other herbicide which he finds and determines is injurious to any crop that is being grown in any area of the state. The regulations of the director may prescribe the time when, and the conditions under which, a restricted herbicide may be used in different areas of the state. They may provide that a restricted herbicide shall be used only under permit of the commissioner or under the direct supervision of the commissioner, subject to any of the following limitations: (a) In certain areas. (b) In excess of certain quantities or concentrations. (Amended by Stats. 2000, Ch. 806, Sec. 8. Effective January 1, 2001.)
  192. 14034.

    ## 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 3. Restricted Materials [14001 - 14086] ( Heading of Chapter 3 amended by Stats. 1971, Ch. 1276. ) ## ARTICLE 2. 2,4-D and Other Herbicides [14031 - 14034] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section says the article does not remove liability for damage caused by using certain herbicides listed in regulations adopted 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 3. Restricted Materials [14001 - 14086] ( Heading of Chapter 3 amended by Stats. 1971, Ch. 1276. ) ## ARTICLE 2. 2,4-D and Other Herbicides [14031 - 14034] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 14034. This article does not relieve any person from liability for any damage to the property of another person which is caused by the use of any herbicide which is named in the regulations which are adopted by the director. (Enacted by Stats. 1967, Ch. 15.)
  193. 14061.

    ## 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 3. Restricted Materials [14001 - 14086] ( Heading of Chapter 3 amended by Stats. 1971, Ch. 1276. ) ## ARTICLE 3. Compound 1080 [14061 - 14063] ( Article 3 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This article defines “Compound 1080” as sodium fluoroacetate or any preparation of sodium fluoroacetate.

    ## 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 3. Restricted Materials [14001 - 14086] ( Heading of Chapter 3 amended by Stats. 1971, Ch. 1276. ) ## ARTICLE 3. Compound 1080 [14061 - 14063] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 14061. As used in this article, “Compound 1080” means sodium fluoroacetate or any preparation of sodium fluoroacetate. (Enacted by Stats. 1967, Ch. 15.)
  194. 14062.

    ## 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 3. Restricted Materials [14001 - 14086] ( Heading of Chapter 3 amended by Stats. 1971, Ch. 1276. ) ## ARTICLE 3. Compound 1080 [14061 - 14063] ( Article 3 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Except where this article says otherwise, a person must not sell, use, or possess Compound 1080.

    ## 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 3. Restricted Materials [14001 - 14086] ( Heading of Chapter 3 amended by Stats. 1971, Ch. 1276. ) ## ARTICLE 3. Compound 1080 [14061 - 14063] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 14062. Except as otherwise provided in this article, it is unlawful for any person to sell, use, or possess any Compound 1080. (Enacted by Stats. 1967, Ch. 15.)
  195. 14063.

    ## 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 3. Restricted Materials [14001 - 14086] ( Heading of Chapter 3 amended by Stats. 1971, Ch. 1276. ) ## ARTICLE 3. Compound 1080 [14061 - 14063] ( Article 3 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Certain specified persons may sell, use, or possess Compound 1080, subject to the director’s regulations.

    ## 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 3. Restricted Materials [14001 - 14086] ( Heading of Chapter 3 amended by Stats. 1971, Ch. 1276. ) ## ARTICLE 3. Compound 1080 [14061 - 14063] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 14063. Subject to regulations of the director, any of the following persons may sell, use, or possess Compound 1080 for the purposes or uses that are specified: (a) Any federal, state, county, or municipal officer or employee, in his or her official capacity, or any person under the immediate supervision of that officer or employee, may possess Compound 1080 for use for pest control purposes. (b) Any research or chemical laboratory may possess Compound 1080 for use for the purposes of the laboratory. (c) Any person duly licensed as a structural pest control operator under Chapter 14 (commencing with Section 8500), Division 3 of the Business and Professions Code, may possess Compound 1080 for use in his or her business. (d) Any wholesaler or jobber of any pesticide may sell Compound 1080 to any person included within the above classifications, or for export. (Amended by Stats. 1996, Ch. 361, Sec. 96. Effective January 1, 1997.)
  196. 14081.

    ## 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 3. Restricted Materials [14001 - 14086] ( Heading of Chapter 3 amended by Stats. 1971, Ch. 1276. ) ## ARTICLE 4. Methyl Bromide and Chloropicrin [14081 - 14082] ( Article 4 added by Stats. 1988, Ch. 606, Sec. 2. )

    Verify source ↗

    The director must adopt regulations, after investigation and hearing, by April 1, 1989, to govern the use of methyl bromide and chloropicrin as field fumigants.

    ## 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 3. Restricted Materials [14001 - 14086] ( Heading of Chapter 3 amended by Stats. 1971, Ch. 1276. ) ## ARTICLE 4. Methyl Bromide and Chloropicrin [14081 - 14082] ( Article 4 added by Stats. 1988, Ch. 606, Sec. 2. ) ## 14081. The director, after investigation and hearing, shall adopt regulations by April 1, 1989, which govern the use of methyl bromide and chloropicrin as field fumigants. (Added by Stats. 1988, Ch. 606, Sec. 2.)
  197. 14082.

    ## 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 3. Restricted Materials [14001 - 14086] ( Heading of Chapter 3 amended by Stats. 1971, Ch. 1276. ) ## ARTICLE 4. Methyl Bromide and Chloropicrin [14081 - 14082] ( Article 4 added by Stats. 1988, Ch. 606, Sec. 2. )

    Verify source ↗

    The director may set when and under what conditions methyl bromide and chloropicrin may be used in different parts of the state.

    ## 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 3. Restricted Materials [14001 - 14086] ( Heading of Chapter 3 amended by Stats. 1971, Ch. 1276. ) ## ARTICLE 4. Methyl Bromide and Chloropicrin [14081 - 14082] ( Article 4 added by Stats. 1988, Ch. 606, Sec. 2. ) ## 14082. The director may prescribe the time when, and the conditions under which, methyl bromide and chloropicrin may be used in different areas of the state. (Added by Stats. 1988, Ch. 606, Sec. 2.)
  198. 14085.

    ## 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 3. Restricted Materials [14001 - 14086] ( Heading of Chapter 3 amended by Stats. 1971, Ch. 1276. ) ## ARTICLE 5. Paraquat Dichloride [14085 - 14086] ( Article 5 added by Stats. 2024, Ch. 688, Sec. 1. )

    Verify source ↗

    For this chapter, “pesticide” means the same thing as in Section 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 3. Restricted Materials [14001 - 14086] ( Heading of Chapter 3 amended by Stats. 1971, Ch. 1276. ) ## ARTICLE 5. Paraquat Dichloride [14085 - 14086] ( Article 5 added by Stats. 2024, Ch. 688, Sec. 1. ) ## 14085. For purposes of this chapter, “pesticide” has the same meaning as specified in Section 12753. (Added by Stats. 2024, Ch. 688, Sec. 1. (AB 1963) Effective January 1, 2025.)
  199. 14086.

    ## 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 3. Restricted Materials [14001 - 14086] ( Heading of Chapter 3 amended by Stats. 1971, Ch. 1276. ) ## ARTICLE 5. Paraquat Dichloride [14085 - 14086] ( Article 5 added by Stats. 2024, Ch. 688, Sec. 1. )

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    The department must complete a reevaluation of paraquat dichloride by January 1, 2029 and decide whether to retain, cancel, or suspend its registration, or add new restrictions on products containing paraquat dichloride.

    ## 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 3. Restricted Materials [14001 - 14086] ( Heading of Chapter 3 amended by Stats. 1971, Ch. 1276. ) ## ARTICLE 5. Paraquat Dichloride [14085 - 14086] ( Article 5 added by Stats. 2024, Ch. 688, Sec. 1. ) ## 14086. On or before January 1, 2029, the department shall complete a reevaluation of paraquat dichloride pursuant to Section 12824, and make the determination to retain, cancel, or suspend its registration or to place new appropriate restrictions on the use of pesticide products containing the active ingredient paraquat dichloride. (Added by Stats. 2024, Ch. 688, Sec. 1. (AB 1963) Effective January 1, 2025.)
  200. 14090.

    ## 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 3.4. Private Applicator Certification [14090 - 14099.5] ( Chapter 3.4 added by Stats. 1995, Ch. 705, Sec. 3. )

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    A private applicator may not possess, use, or supervise the use of a restricted material under Section 14015 unless the person has a valid private applicator certificate.

    ## 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 3.4. Private Applicator Certification [14090 - 14099.5] ( Chapter 3.4 added by Stats. 1995, Ch. 705, Sec. 3. ) ## 14090. It is unlawful for a private applicator to possess, use, or supervise the use of a restricted material in accordance with Section 14015 unless that person has a valid private applicator certificate. (Added by Stats. 1995, Ch. 705, Sec. 3. Effective January 1, 1996. Section operative January 1, 1997, pursuant to Section 14099.5.)

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