Code Section Group

Food and Agricultural Code - FAC

DIVISION 6. PEST CONTROL OPERATIONS [11401 - 12408]

  ( Heading of Division 6 amended by Stats. 1971, Ch. 1187. )

CHAPTER 1. Definitions [11401 - 11485]
  ( Chapter 1 enacted by Stats. 1967, Ch. 15. )

11401.
  

Unless the context otherwise requires, the definitions in this chapter govern the construction of this division.

(Enacted by Stats. 1967, Ch. 15.)

11402.
  

“License” means pest control business license, agricultural pest control adviser’s license, or pest control dealer’s license.

(Amended by Stats. 1993, Ch. 620, Sec. 1. Effective January 1, 1994.)

11403.
  

“Pest control” means the use or application of any pesticide. It also means the use of any substance, method, or device to do any of the following:

(a) Control pests.

(b) Prevent, destroy, repel, mitigate, or correct any pest infestation or disorder of plants.

(c) Inhibit, regulate, stimulate, or otherwise alter plant growth by direct application to plants.

(Enacted by Stats. 1967, Ch. 15.)

11404.
  

“Pesticide” is defined in Section 12753.

(Amended by Stats. 1996, Ch. 361, Sec. 11. Effective January 1, 1997.)

11405.
  

“Registrant” means any person that registers pursuant to Section 11732 or 12031.

(Amended by Stats. 1978, Ch. 1050.)

11407.
  

“Pest control dealer” means any person, including any manufacturer, distributor, or retailer who engages in any of the following business activities:

(a) Selling pesticides to users for an agricultural use.

(b) Selling to users any method or device for the control of agricultural pests, such as biological agents, lures, or insect-trapping devices.

(c) Soliciting sales of pesticides by making agricultural use recommendations through field representatives, or other agents.

(d) Selling to a user a pesticide classified pursuant to Section 14004.5 as a restricted material that requires either a permit for possession and use or which may be used only by or under the direct supervision of a certified applicator.

(Amended by Stats. 1993, Ch. 620, Sec. 2. Effective January 1, 1994.)

11407.5.
  

“Pest control dealer” does not include either of the following:

(a) Any person licensed pursuant to Section 11701 to engage for hire in the business of agricultural pest control, as to pesticides recommended or sold by the licensee and applied by the licensee pursuant to the conditions of the license.

(b) Any person licensed to engage in any activity that is defined as structural pest control pursuant to Chapter 14 (commencing with Section 8500) of Division 3 of the Business and Professions Code, as to pesticides recommended or sold by the licensee and applied by the licensee pursuant to the conditions of the license.

(Amended by Stats. 1993, Ch. 620, Sec. 3. Effective January 1, 1994.)

11408.
  

“Agricultural use” means the use of any pesticide or method or device for the control of plant or animal pests, or any other pests, or the use of any pesticide for the regulation of plant growth or defoliation of plants. It excludes the sale or use of pesticides in properly labeled packages or containers that are intended for any of the following:

(a) Home use.

(b) Use in structural pest control.

(c) Industrial or institutional use.

(d) The control of an animal pest under the written prescription of a veterinarian.

(e) Local districts or other public agencies that have entered into and operate under a cooperative agreement with the State Department of Health Services pursuant to Section 116180 of the Health and Safety Code, provided that any exemption under this subdivision is subject to the approval of the director as being required to carry out the purposes of this division.

(Amended by Stats. 1996, Ch. 1023, Sec. 50. Effective September 29, 1996.)

11410.
  

“Agricultural pest control adviser” means any person who offers a recommendation on any agricultural use, who holds himself or herself forth as an authority on any agricultural use, or who solicits services or sales for any agricultural use.

(Amended by Stats. 1988, Ch. 1118, Sec. 1.)

11411.
  

“Recommendation” means the giving of any instruction or advice on any agricultural use as to any particular application on any particular piece of property. “Recommendation” does not include any summary that does not specify the use to be made for any designated pest, provided that such summary is not in conflict with any registered pesticide label or with the supplementary printed direction delivered therewith or with any rule or regulation of the director.

(Amended by Stats. 1978, Ch. 1050.)

11454.2.
  

(a) The Department of Pesticide Regulation shall consult with the Department of Food and Agriculture in any action relating to special local need registrations pursuant to Section 136v of Title 7 of the United States Code, emergency exemptions from registration pursuant to Section 136p of Title 7 of the United States Code, denial of new active ingredient registrations, suspension or cancellation of pesticide registrations or uses, or other measures adopted to mitigate unacceptable adverse pesticidal effects.

(b) Consultation pursuant to subdivision (a) shall be as specified in a memorandum of understanding between the Department of Food and Agriculture and the Department of Pesticide Regulation. Information to be provided by the Department of Food and Agriculture shall include, but not be limited to, (1) impacts on agriculture resulting from the proposed action, (2) benefits derived from the use of the pesticide, and (3) any recommended alternative action.

(c) Except for a suspension taken pursuant to Section 12826, the Department of Pesticide Regulation shall request in writing comments from the Department of Food and Agriculture regarding any proposed final decision to deny a new active ingredient registration or to suspend or cancel a pesticide registration. The Department of Pesticide Regulation shall specify in its request the period within which the Department of Food and Agriculture shall submit its comments in order for the Department of Pesticide Regulation to consider and to respond to them in the final written decision.

(Added by Stats. 1992, Ch. 706, Sec. 8. Effective September 15, 1992.)

11472.
  

The director shall keep a separate record of the classes and sources of income that is credited to, and disbursed from, the Department of Pesticide Regulation Fund.

(Added by Stats. 1996, Ch. 361, Sec. 12. Effective January 1, 1997.)

11472.1.
  

On or before October 31 of each year, the department shall publish a financial report regarding the preceding fiscal year and shall make this report available to the public. The report shall describe in detail the amount and source of funding for the major programmatic functions of the department and other relevant information that may aid in evaluating the scope and impact of the activities of the department.

(Amended by Stats. 2006, Ch. 77, Sec. 1. Effective July 18, 2006.)

FACFood and Agricultural Code - FAC