DIVISION 6. PEST CONTROL OPERATIONS [11401. - 12408.]
Heading of Division 6 amended by Stats. 1971, Ch. 1187.
§§ 11401–12408 · 177 sections
CHAPTER 1. Definitions §§ 11401–11485 · 22 sections
- § 11401 Unless the context otherwise requires, the definitions in this chapter govern the construction of this division.
- § 11401.7 “Integrated pest management” means an ecosystem-based strategy that focuses on long-term prevention of pests or their damage through a combination of…
- § 11402 “License” means pest control business license, agricultural pest control adviser’s license, or pest control dealer’s license.
- § 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…
- § 11404 “Pesticide” is defined in Section 12753.
- § 11405 “Registrant” means any person that registers pursuant to Section 11732 or 12031.
- § 11407 “Pest control dealer” means any person, including any manufacturer, distributor, or retailer who engages in any of the following business activities: (a)…
- § 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…
- § 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…
- § 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…
- § 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.…
- § 11412 “Sustainable pest management” means a holistic, whole system approach applicable to agricultural and other managed ecosystems and urban and rural communities…
- § 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…
- § 11456 The director may do all of the following: (a) Adopt regulations that are reasonably necessary to carry out the provisions of this code that the director is…
- § 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…
- § 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…
ARTICLE 4. Refunds §§ 11480–11485 · 6 sections
- § 11480 “Fee,” as used in this article, includes, but is not limited to, any application fee, license fee, permit fee, inspection fee, certification fee, registration…
- § 11481 (a) The director may authorize the refund of any money that is received or collected by the department in the payment of any fee, assessment, or tax, except…
- § 11482 A refund may be made in whole or in part in any of the following instances: (a) A refund of a fee is requested by the payer before any examination, review,…
- § 11483 The fiscal officer of the department shall make payment of any refund pursuant to this article upon the submission to the fiscal officer of a voucher prepared…
- § 11484 If any money that is to be refunded has been deposited in the State Treasury, the Controller, upon receipt of a claim that is filed by the department, shall…
- § 11485 If the director finds that the amount of any refund is less than fifty dollars ($50), the director may retain the amount for use for the same purpose for which…
CHAPTER 2. General Provisions §§ 11501–11520 · 23 sections
- § 11501 The purposes of this division and Chapter 1 (commencing with Section 12501), Chapter 2 (commencing with Section 12751), Chapter 3 (commencing with Section…
- § 11501.1 (a) This division and Division 7 (commencing with Section 12501) are of statewide concern and occupy the whole field of regulation regarding the registration,…
- § 11501.5 The director, and the commissioner of each county under the direction and supervision of the director, shall enforce this division and the regulations which…
- § 11502 The director shall adopt regulations which govern the conduct of the business of pest control.
- § 11502.5 (a) The director may adopt regulations to establish the minimum requirements of education, continuing education, training, experience, and examination for…
- § 11503 The commissioner of any county may adopt regulations applicable in his or her county which are supplemental to those of the director which govern the conduct…
- § 11503.5 The county agricultural commissioner may apply Section 11503 to the agricultural use of any pesticide for agricultural production within one-quarter mile of a…
- § 11504 Prior to the adoption of regulations by a commissioner, a notice of intention to adopt regulations shall be published in the county, pursuant to Section 6061…
- § 11505 The notice of intention which is referred to in Section 11504 shall contain a statement of the time, place, and nature of proceedings for the adoption of the…
- § 11506 At least 10 days prior to the date set for the adoption, amendment, or repeal of the regulations, the commissioner shall mail a copy of the notice of intention…
- § 11507 On the date and at the time and place designated in the notice of intention, the commissioner shall afford any interested person or his duly authorized…
- § 11508 The commissioner shall consider all relevant matter which is presented to him before he adopts any regulation.
- § 11509 In any hearing which is conducted pursuant to Section 11507, the commissioner or his duly authorized representative shall have authority to administer oaths or…
- § 11510 The regulations of the commissioner are subject to review and approval by the director as to reasonableness, and if approved they shall be filed with the…
- § 11511 If, in the opinion of the commissioner, the public health, welfare, or safety requires that any regulation take effect immediately he shall designate it as an…
- § 11512 Except as provided in Section 11512.5, the proceedings for all hearings conducted by the director pursuant to this division shall be conducted in accordance…
- § 11512.5 (a) The commissioner may refuse, suspend, or revoke a county registration or permit pursuant to Section 11735, 11924, 12035, or 14008. Before that action is…
- § 11513 Any money which is derived under the provisions of Article 1 (commencing with Section 11701) of Chapter 4 and Article 1 (commencing with Section 11901) of…
- § 11514 Whenever a decision of the director suspends for 30 days or less the license of a person licensed pursuant to Sections 11701 to 11709, inclusive, or Sections…
- § 11517 Any person whose license or certificate issued pursuant to this division, Chapter 3.4 (commencing with Section 14090), or Chapter 3.6 (commencing with Section…
- § 11518 A commissioner accepting payment for pest control registrations or services by credit card or other payment device may impose a charge for costs incurred in…
- § 11519 (a) The department shall convene a Department of Pesticide Regulation Environmental Justice Advisory Committee by January 1, 2026. (b) (1) The advisory…
- § 11520 (a) The Legislature finds and declares that it is important for California to implement sustainable pest management. (b) In order to achieve the goal described…
CHAPTER 3. Exemptions § 11531 · 1 section
- § 11531 Except as provided in Chapter 6 (commencing with Section 12001), this division does not apply to any person while engaged in any of the following: (a) An…
CHAPTER 4. Pest Control §§ 11701–11897 · 38 sections
ARTICLE 1. Licenses and Permits §§ 11701–11711 · 12 sections
- § 11701 It is unlawful for a person to advertise, solicit, or operate as a pest control business, unless the person has a valid pest control business license issued by…
- § 11701.5 Every principal and branch office of a business licensed pursuant to Section 11701 shall have at least one person in a supervisory position who holds a…
- § 11702 Applicants for a pest control business license shall do all of the following: (a) Submit information to the director covering the applicant’s business and…
- § 11703 (a) Except as otherwise provided in Sections 11704 and 11707, the application shall be accompanied by a fee as prescribed by the director pursuant to Section…
- § 11704 (a) A person who is regularly engaged in the business of maintenance gardening and who desires to engage in pest control for hire incidental to that business…
- § 11705 The director shall issue to each applicant that satisfies the requirements of this article a license that authorizes the applicant to perform the type or types…
- § 11706 The license may be renewed before its expiration through application in the form prescribed by the director and upon payment of the proper fee as prescribed by…
- § 11707 To any fee which is not paid by the date of expiration, there shall be added a penalty as prescribed by the director pursuant to Section 11502.5.
- § 11708 The director may refuse to grant any license and may revoke or suspend any license if the applicant or licensee: (a) Does not have, or has not maintained at…
- § 11709 A person not regularly engaged in the business of pest control that operates only in the vicinity of his or her own property and for the accommodation of his…
- § 11710 A person that is regularly engaged in the business of tree surgery is not required to procure a license to remove diseased or infested tissues or apply…
- § 11711 Unless worker’s compensation insurance is not required, no license may be issued or renewed under this chapter to any person who is an employer, as defined in…
ARTICLE 2. Registration §§ 11731–11741 · 11 sections
- § 11731 “Commissioner,” as used in this article, includes the director in any county in which there is no commissioner.
- § 11732 It is unlawful for any person to advertise, solicit, or operate as a pest control business in any county unless the person has registered with the commissioner…
- § 11733 The registrant shall keep and maintain a record of each property treated that shows all the information required by the director or commissioner. The…
- § 11734 The board of supervisors of any county may establish reasonable fees for the registration required under Section 11732. Payment of the fee shall be due by the…
- § 11735 A pest control operator registration may be refused, revoked, or suspended by the commissioner, if the commissioner makes any of the following findings: (a)…
- § 11737 The commissioner or director may order any person or the agent or employee of any licensee or registrant or person, to cease operation of any equipment or…
- § 11737.5 It is unlawful for any person to violate any order of a commissioner or the director made pursuant to Section 11737. The commissioner or director may bring an…
- § 11738 The regulations of the commissioner may provide for the qualification, by examination or otherwise of the following persons: (a) Registrants. (b) Persons in…
- § 11739 The regulations of the commissioner may provide that it is a ground for cancellation of registration to operate pest control equipment within the county unless…
- § 11740 Any certificate of qualification which is issued pursuant to Section 11738 may be revoked or suspended, or its issuance or renewal refused, if the commissioner…
- § 11741 Any person whose certificate has been revoked, suspended, or refused may appeal to the director within 10 days for a hearing.
ARTICLE 3. Report of Damage From Pesticides §§ 11761–11765 · 5 sections
- § 11761 Any person that alleges any loss, nonperformance, or damage as a result of the use or application of any pesticide, or of any substance, method, or device for…
- § 11762 If a growing crop is alleged to have been damaged as a result of the activities which are described in Section 11761, the verified report of loss,…
- § 11763 The verified report of loss, nonperformance, or damage shall set forth, so far as known to the claimant, all of the following: (a) Name and address of the…
- § 11764 The filing of the verified report, or the failure to file it, need not be alleged in any complaint which may be filed. The failure to file the verified report…
- § 11765 The failure to file a verified report of loss is evidence that no loss, nonperformance, or damage occurred.
ARTICLE 4. Violations §§ 11791–11792 · 2 sections
- § 11791 It is unlawful for any person subject to this division to do any of the following: (a) Make any false or fraudulent claim, or misrepresent the effects of…
- § 11792 It is also unlawful for any person that is subject to this division to do any of the following: (a) Make any false or fraudulent record or report. (b) Operate…
ARTICLE 5. Penalties and Injunctive Relief §§ 11891–11895.5 · 6 sections
- § 11891 Every person who violates this division, or any regulation issued pursuant to this division, is guilty of a misdemeanor and upon conviction shall be punished…
- § 11892 In lieu of seeking prosecution of any violation of this division as a misdemeanor, and the penalty prescribed in Section 11891, the director may prosecute…
- § 11893 Any person who violates this division, or any regulation issued pursuant to this division, is liable civilly in an amount not less than three thousand dollars…
- § 11894 Upon a complaint by the director, the Attorney General may bring an action for civil penalties in any court of competent jurisdiction in this state against any…
- § 11895 An action brought pursuant to this article shall be commenced by the director, the Attorney General, the district attorney, the city prosecutor, or the city…
- § 11895.5 The commissioner or director may bring an action to enjoin the violation or the threatened violation of any order made pursuant to this division in the…
ARTICLE 6. Cease and Desist §§ 11896–11897 · 2 sections
- § 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…
- § 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…
CHAPTER 5. Aircraft Operation Regulation §§ 11901–11940 · 28 sections
ARTICLE 1. Generally §§ 11901–11911 · 13 sections
- § 11901 (a) It is unlawful for any person to operate a manned aircraft in pest control unless the pilot operating the aircraft holds a valid manned pest control…
- § 11902 (a) Each manned pest control aircraft pilot’s certificate shall designate the manned pest control aircraft pilot’s status as a journeyman or apprentice. (b)…
- § 11902.1 An individual with a private applicator unmanned pest control aircraft pilot’s certificate shall only apply pesticides for the purpose of producing an…
- § 11902.5 (a) To be eligible for an unmanned pest control aircraft pilot’s certificate under the status of vector control technician, a pilot shall be certified by the…
- § 11903 A fee as prescribed by the director pursuant to Section 11502.5 shall accompany each application for an initial certificate.
- § 11904 Every certificate shall expire on December 31 of the last year for which it is issued. Certificates may be renewed before their expiration through application…
- § 11905 Before an initial manned or unmanned certificate is issued, the applicant for an apprentice, journeyman, private applicator, or vector control technician shall…
- § 11906 A journeyman’s certificate shall not be issued to any applicant, other than the holder of an apprentice certificate, unless such applicant has had in effect a…
- § 11907 (a) Except as provided in subdivision (b), a journeyman’s certificate shall not be issued until both of the following have occurred: (1) The applicant has…
- § 11908 Each applicant for an apprentice certificate shall satisfy the director, through documentary evidence or other suitable information, that the applicant shall…
- § 11909 It is unlawful for the holder of an apprentice certificate to conduct pest control activities unless such activities are conducted under the direct and…
- § 11910 (a) The director may refuse to issue a manned or unmanned pest control aircraft pilot certificate to an applicant and may revoke or suspend a manned or…
- § 11911 Notwithstanding any other provision of this article, if the holder of a certificate is called to active duty as a member of the armed forces of the United…
ARTICLE 1.5. Registration §§ 11920–11924 · 5 sections
- § 11920 It is unlawful for any person to act as a pest control aircraft pilot in any county without first registering with the appropriate county agricultural…
- § 11921 Each pest control aircraft pilot shall register in person with the agricultural commissioner of the county where he intends to work or with the director if the…
- § 11922 Registration shall be renewed annually by all pest control aircraft pilots.
- § 11923 County boards of supervisors may set fees for registration to cover the cost of registering pest control aircraft pilots but in no case shall such fee total…
- § 11924 A pest control aircraft pilot registration may be refused, revoked, or suspended by the agricultural commissioner for the reasons indicated in Section 11910…
ARTICLE 2. Financial Responsibility §§ 11931–11940 · 10 sections
- § 11931 As used in this article: (a) “Judgment” means a final judgment of any court of competent jurisdiction in this or any other state, or of the United States,…
- § 11932 For the purposes of this article: (a) A judgment is satisfied when twenty-five thousand dollars ($25,000) has been credited upon any judgment in excess of that…
- § 11933 The director shall suspend the license of any operator upon receiving a copy of a judgment and a certificate of facts relative to such judgment, upon a form…
- § 11934 The suspension shall remain in effect and no license shall be issued to the operator unless and until the judgment is satisfied, or the operator submits to the…
- § 11935 Proof of such financial responsibility may be made by furnishing security in an amount not less than twenty-five thousand dollars ($25,000). The security may…
- § 11936 If the security which is required by Section 11934 is diminished in amount by reason of any recovery against it, the security shall be replenished so that it…
- § 11937 Upon the expiration of 30 days after any judgment becomes final, which is not stayed or satisfied in any action which results in a judgment for damages, the…
- § 11938 Any person whose license has been suspended, is about to be suspended, or becomes subject to suspension pursuant to this article, may relieve himself from the…
- § 11939 The person that files the affidavit pursuant to Section 11938 shall also file the original policy of insurance or a certified copy of the policy, if available,…
- § 11940 If the director is satisfied from the papers which are filed pursuant to Sections 11938 and 11939 that the insurer was authorized to issue the policy of…
CHAPTER 6. Agricultural Pest Control Advisers §§ 12001–12054 · 25 sections
ARTICLE 1. General Provisions §§ 12001–12005 · 5 sections
- § 12001 No person shall act, or offer to act, as an agricultural pest control adviser without first having secured an agricultural pest control adviser license from…
- § 12002 No person shall act, or offer to act, as an agricultural pest control adviser in any county wherein he makes any recommendation for agricultural use without…
- § 12003 Agricultural pest control advisers shall put all recommendations concerning any agricultural use in writing. One copy of each such written recommendation shall…
- § 12004 Agricultural pest control advisers and agricultural pest control operators shall retain one copy of each written recommendation for one year following the date…
- § 12005 The director may adopt such rules and regulations in order to carry out the provisions of this chapter as are reasonably necessary to effectuate the purposes…
ARTICLE 2. Licensing §§ 12021–12024 · 5 sections
- § 12021 An application for an agricultural pest control adviser license shall be in the form prescribed by the director. Each application shall state the name and…
- § 12022 Applicants for licensing shall elect to be examined for certification in one or more of the following categories: (a) Control of insects, mites, and other…
- § 12023 An agricultural pest control adviser license may be refused or may be revoked or suspended by the director as necessary to carry out the purposes of this…
- § 12023.5 In addition to any other provision of this code, unprofessional conduct shall constitute a basis for refusal, revocation, or suspension of an agricultural pest…
- § 12024 The director by regulation shall establish the minimum requirement for pest control adviser by education, experience, and examination to carry out the purposes…
ARTICLE 3. Registration §§ 12031–12035 · 4 sections
- § 12031 Each agricultural pest control adviser who makes any recommendation for agricultural use shall register in person with the agricultural commissioner in the…
- § 12033 Registration shall be renewed annually by all agricultural pest control advisers.
- § 12034 County boards of supervisors may set fees for registration to cover the cost of registering pest control advisers, but in no case shall the fee total more than…
- § 12035 A pest control adviser registration may be refused, revoked, or suspended by the agricultural commissioner. Cause for such refusal, revocation, or suspension…
ARTICLE 4. Agricultural Pest Control Advisory Committee §§ 12041–12047 · 7 sections
- § 12041 The Agricultural Pest Control Advisory Committee, which was established by Chapter 1276 of the Statutes of 1971, is hereby abolished.
- § 12042 There is in the department an Agricultural Pest Control Advisory Committee, appointed by the secretary or director, consisting of the following members: (a)…
- § 12043 The public member shall be appointed to the committee by the director from nominees recommended by the committee. The public member shall represent the…
- § 12044 It is hereby declared, as a matter of legislative determination, that members appointed to the Agricultural Pest Control Advisory Committee pursuant to this…
- § 12045 Except as provided in Section 12046, the term of office of the members of the committee is three years. Vacancies shall be filled for the unexpired term.
- § 12046 Initial appointments to the committee shall be made as follows: (a) Representatives for the public, the California Community College system, the State…
- § 12047 The committee shall be advisory to the director in all matters concerning the licensing, certification, and regulation of persons and firms licensed or…
ARTICLE 5. Violations §§ 12051–12054 · 4 sections
- § 12051 It is unlawful for any person to act or offer to act as an agricultural pest control adviser without first having secured an agricultural pest control…
- § 12052 It is unlawful for any person to act or offer to act as an agricultural pest control adviser in any county wherein the adviser makes any recommendation for…
- § 12053 It is unlawful to violate any provision of this chapter or any rule or regulation issued thereunder.
- § 12054 It shall be unlawful for any pest control adviser to make recommendations in a category for which he is not certified.
CHAPTER 7. Pest Control Dealer §§ 12101–12121 · 16 sections
ARTICLE 1. General Provisions §§ 12101–12116 · 15 sections
- § 12101 No person shall act in the capacity of a pest control dealer or shall engage or offer to engage in the business of, advertise as, or assume to act as a pest…
- § 12101.5 Each pest control dealer required to be licensed pursuant to Section 12101 shall have and maintain, at the principal office, and at each branch location, a…
- § 12102 The provisions of Section 12101 shall not apply to any federal, state, or county agency which provides pesticide materials for agricultural use.
- § 12103 (a) An application for a license shall be in the form prescribed by the director. Each application shall state the name and address of the applicant specified…
- § 12104 The license for a pest control dealer may be renewed before its expiration through application in the form prescribed by the director, accompanied by a fee as…
- § 12105 A penalty as prescribed by the director pursuant to Section 11502.5 shall be added to any fee that is not paid by the date of expiration.
- § 12106 Each applicant shall satisfy the director as to his or her knowledge of the laws and regulations governing the use and sale of pesticides, and his or her…
- § 12107 The director shall issue to each applicant that satisfies the requirements of this article a license that entitles the applicant to conduct the business…
- § 12108 Every licensed pest control dealer who changes his or her address or place of business shall immediately notify the director.
- § 12110 Each dealer shall be responsible for the acts of each person employed by him in the solicitation and sale of pesticides and all claims and recommendations for…
- § 12111 The director may adopt such rules and regulations as are reasonably necessary to effectuate the purposes of this chapter.
- § 12113 The director may, after a hearing, refuse, revoke, or suspend a pest control dealer license for violation of the provisions of this division or Division 7…
- § 12114 (a) Each licensed pest control dealer, and each person who is required to be licensed as a pest control dealer pursuant to Section 12101, shall maintain at…
- § 12115 Any licensed pest control dealer, or any person who is required to be licensed as a pest control dealer pursuant to Section 12101, who purchases pesticide…
- § 12116 It is unlawful for a licensed pest control dealer to purchase for sale in this state a pesticide that is labeled for agricultural use except from a registrant,…
ARTICLE 2. Violations § 12121 · 1 section
- § 12121 It is unlawful for any person who is subject to this chapter to do any of the following: (a) Fail to demonstrate to the director qualifications to act in the…
CHAPTER 8. Qualified Applicator License §§ 12201–12206 · 8 sections
- § 12201 An application for a qualified applicator license shall be in a form prescribed by the director. Each application shall state the name and address of the…
- § 12201.1 It is unlawful for any person to act in a supervisory capacity or position for a pest control business, except a business licensed only in the maintenance…
- § 12202 (a) All licenses issued pursuant to this chapter expire on December 31 of the last year for which they are issued. Licenses may be renewed before their…
- § 12203 Applicants shall be examined on the requirements of laws and regulations concerning pesticide use and shall elect to be examined for licensing in one or more…
- § 12203.1 The director may designate subcategories within the categories established pursuant to Section 12203, as determined to be necessary.
- § 12204 The director shall issue to each applicant who satisfies the requirements of this chapter a qualified applicator license.
- § 12205 A qualified applicator license may be refused, revoked, or suspended by the director, after a hearing, for any of the following: (a) Failure to comply with…
- § 12206 Notwithstanding Section 12205, if the director finds on the basis of affidavits submitted to the director by the enforcement personnel specified in Section…
CHAPTER 9. Pesticide Dealer Designated Agent §§ 12251–12258 · 8 sections
- § 12251 No person shall act as a designated agent of a pest control dealer who is licensed pursuant to Chapter 7 (commencing with Section 12101), unless that person is…
- § 12252 (a) An application for a pest control dealer designated agent license shall be in the form prescribed by the director. Each application shall state the name…
- § 12253 Before initial license is issued, the applicant shall pass an examination to demonstrate to the director the applicant’s knowledge of the laws and regulations…
- § 12254 The director shall issue to each applicant who satisfies the requirements of this chapter a pest control dealer designated agent license.
- § 12255 Every licensed pest control dealer designated agent who changes his or her address shall immediately notify the director of the new address.
- § 12256 The director may adopt rules and regulations that are reasonably necessary to effectuate this chapter.
- § 12257 The director may, after a hearing, refuse, revoke, or suspend a pest control dealer designated agent license for violation of this chapter or Division 7…
- § 12258 It is unlawful for any person who is subject to this chapter to do any of the following: (a) Fail to notify the director of any change of address. (b) Fail to…
CHAPTER 10. Pesticide Brokers §§ 12400–12408 · 8 sections
- § 12400 It is unlawful for any person, other than the registrant or pest control dealer licensed pursuant to Section 12107, to sell, offer to sell, or distribute into…
- § 12401 An application for a pesticide broker license, or renewal of a license, shall be in the form prescribed by the director. Each application for a license, or…
- § 12402 The director shall issue to each applicant that satisfies the requirements of this chapter a pesticide broker license that entitles the applicant to conduct…
- § 12403 All licenses issued pursuant to this chapter may be renewed before their expiration through application to the director.
- § 12405 Each licensed pesticide broker that changes the address of its place of business, or that of a branch location, shall immediately provide the director written…
- § 12406 (a) Each licensed pesticide broker, or person who is required to be licensed as a pesticide broker pursuant to Section 12400, shall maintain at its principal…
- § 12407 It is unlawful for any person required to be licensed as a pesticide broker pursuant to this chapter to make any false or fraudulent statements or misrepresent…
- § 12408 The director, after a hearing, may refuse, revoke, or suspend a pesticide broker license for any violation of this division or Division 7 (commencing with…