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 4. Pest Control [11701 - 11897]

  ( Heading of Chapter 4 amended by Stats. 1993, Ch. 620, Sec. 4. )

ARTICLE 6. Cease and Desist [11896 - 11897]
  ( Article 6 added by Stats. 1978, Ch. 1051. )

11896.
  

The director, upon a finding that the use, handling, delivery, or sale of a pesticide in violation of any provision of this division, or any regulation issued pursuant to it, is taking place, or appears imminent, and that activity if allowed to proceed will present an immediate hazard or cause irreparable damage, may issue an order to the persons responsible for such activity to cease and desist from further commission of the violation.

(Amended by Stats. 1996, Ch. 361, Sec. 16. Effective January 1, 1997.)

11897.
  

The agricultural commissioner, upon a finding that the use, handling, delivery or sale of a pesticide in violation of any provision of this division, or any regulation issued pursuant to it, is taking place, or appears imminent, and that activity if allowed to proceed will present an immediate hazard or cause irreparable damage, may issue an order to the persons responsible for the activity to cease and desist from further commission of the violation.

Any person aggrieved by a cease and desist order issued by an agricultural commissioner may appeal the order to the director, who shall affirm, modify, or rescind the order. The order of the agricultural commissioner shall remain in force during the appeal to the director, and until the director’s decision has been rendered.

(Amended by Stats. 1996, Ch. 361, Sec. 17. Effective January 1, 1997.)

FACFood and Agricultural Code - FAC6