DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500. - 15340.]
Division 7 enacted by Stats. 1967, Ch. 15.
§§ 12500–15340 · 607 sections
CHAPTER 1. Definitions §§ 12500–12500.6 · 3 sections
CHAPTER 1.5. Produce Carrying Pesticide Residue §§ 12501–12674 · 53 sections
ARTICLE 1. Definitions §§ 12501–12505 · 5 sections
- § 12501 Unless the context otherwise requires, the definitions in this article govern the construction of this chapter.
- § 12502 “Food” means any article which is used for food or drink for man or any other animal, or for a component of any such article.
- § 12503 “Pesticide chemical” means any substance that is used in the production, storage, or transportation of produce that is a pesticide as defined in Section 12753.
- § 12504 “Produce” means any food in its raw or natural state which is in such form as to indicate that it is intended for consumer use with or without any or further…
- § 12505 “Pesticide residue” means any pesticide chemical which is added to produce.
ARTICLE 2. General Provisions §§ 12531–12536 · 6 sections
- § 12531 The director may adopt such regulations as are reasonably necessary to carry out this chapter.
- § 12532 (a) The director shall continuously interpret the results of the residue monitoring program in order to assess its general effectiveness at preventing public…
- § 12533 Nothing in this chapter repeals or amends any of the provisions of Part 5 (commencing with Section 109875) of Division 104 of the Health and Safety Code.
- § 12534 (a) Pursuant to this chapter, the director shall conduct a pesticide residue monitoring program for produce destined for processing to determine which…
- § 12535 (a) Commencing in 1990, the department shall substantially expand and maintain its focused pesticide residue monitoring program beyond the 1988 level. The…
- § 12536 (a) The director, by regulation, shall establish a pest management advisory committee, specifying, as appropriate, the scope and purpose of its advisory role,…
ARTICLE 3. Permissible Tolerances §§ 12561–12565 · 4 sections
- § 12561 The director by regulation may establish permissible tolerances for any pesticide chemical in or on produce if he or she finds each of the following: (a) The…
- § 12562 The director may exempt any pesticide chemical from the requirement of a tolerance if he finds that the pesticide chemical may safely be used without a…
- § 12563 The director may establish the tolerance for any pesticide chemical on produce at zero if he finds that a greater tolerance is not justified.
- § 12565 If a tolerance for a pesticide chemical in or on produce is established pursuant to any law of the United States, the director may review the tolerance, and if…
ARTICLE 4. Inspection §§ 12581–12582 · 2 sections
- § 12581 (a) The director may inspect and take samples of any produce grown, processed, packed, stored, shipped, transported, delivered for shipment, or sold. (b) If…
- § 12582 The director shall immediately notify the State Director of Health Services by telephone, with immediate written confirmation, whenever a lot of produce…
ARTICLE 4.5. Commercial Laboratories §§ 12591–12595 · 5 sections
- § 12591 The director may accredit a commercial laboratory to test produce or environmental samples, including air, water, soil, and plant or animal tissue for…
- § 12592 The director may charge a fee for accreditation and quality control oversight in an amount sufficient to cover the reasonable costs of carrying out these…
- § 12593 The director may refuse to accredit, or may suspend any accreditation, if the applicant or the accredited laboratory, as the case may be, does any of the…
- § 12594 Analysis data developed by an accredited laboratory shall be subject to confirmation by a laboratory of the department prior to an official regulatory action…
- § 12595 In the event of a dispute of the findings of a chemical analysis between or among two or more accredited laboratories or between an accredited laboratory and a…
ARTICLE 5. Seizure §§ 12601–12615 · 16 sections
- § 12601 The director may seize and hold any lot of produce, or any unharvested produce that is within one week of being in a harvestable condition, which carries or is…
- § 12602 If the director seizes any lot of produce, he shall issue to the owner or bailee a hold order or notice. He may affix to the lot a warning tag which states…
- § 12603 Any lot of produce for which a hold order or notice is issued shall be held by the owner or bailee of the produce and shall not be disturbed or moved from the…
- § 12604 Any produce which is seized and held pursuant to this article, unless previously analyzed by the director, shall be sampled and analyzed within 24 hours after…
- § 12605 Upon the demand of the owner or bailee at or prior to the time of the sampling by the director, the sample which is drawn shall be divided into two…
- § 12606 If the seized and held lot, as determined by the director’s chemical analysis, does not carry pesticide residue in excess of any maximum which is provided by…
- § 12607 If the seized and held lot of produce is found to carry pesticide residue in excess of any maximum which is provided by this chapter or in excess of a…
- § 12608 Upon demand of the owner or bailee for permission to remove the produce for reconditioning or use for byproducts, the director shall release the produce to the…
- § 12608.5 Upon demand of the owner or person in rightful possession of the produce for permission to remove the produce destined for processing, the director shall…
- § 12609 The produce after reconditioning is subject to all the provisions of this chapter pending its final release by the director pursuant to Section 12606.
- § 12610 If the lot of produce which is seized and held is found to carry excess pesticide residue, the owner or bailee of the lot may appeal the result of the…
- § 12611 Upon receipt of an appeal by the owner or bailee, the director shall, after reasonable notice to the owner, if known, or, if not known, to the bailee, take a…
- § 12612 The director shall permit the owner to be present in person or by his representative at the taking of the sample to be submitted for the appeal chemical…
- § 12613 After seizure by the director pursuant to this chapter of any lot of produce upon which an appeal analysis is to be made, the director upon request shall…
- § 12614 If the appeal analysis shows that the lot of produce carries pesticide residue in excess of any maximum which is provided in this chapter or in excess of a…
- § 12615 If the appeal analysis shows that the lot of produce does not carry pesticide residue in excess of any maximum which is provided by this chapter, or in excess…
ARTICLE 6. Abatement as Public Nuisance §§ 12641–12649 · 11 sections
- § 12641 As used in this article, “nuisance” means the public nuisance which is specified in Section 12642.
- § 12642 Any lot of produce which is found to carry pesticide residue in excess of any maximum which is provided in this chapter, or in excess of a permissible…
- § 12643 The district attorney of the county in which the nuisance is found, at the request of the director, shall maintain, in the name of the people of the State of…
- § 12644 Upon judgment and by order of the court, the nuisance shall be condemned and destroyed in the manner directed by the court, or denatured or otherwise…
- § 12645 If the owner fails to comply with the order of the court within the time which is specified in the order, the court may order the disposal or sale of the…
- § 12646 If the court orders the sale of any of the produce or containers which can be salvaged, the costs of disposal shall be deducted from the proceeds of sale and…
- § 12647 A proceeding pursuant to this article where the value of the property seized amounts to thirty-five thousand dollars ($35,000) or less is a limited civil case.
- § 12648 (a) Notwithstanding any other provision of this code, a site within this state that has been treated with, or a plant, crop, or commodity, whether grown in…
- § 12648.5 (a) It is unlawful for the owner of a plant, crop, or commodity to knowingly treat or apply to that plant, crop, or commodity, or cause that plant, crop, or…
- § 12648.6 Any person who is licensed pursuant to this code and who is found by a court to have knowingly sold, applied, or provided pesticides that were stolen or…
- § 12649 The director may bring an action to enjoin the violation or the threatened violation of any order made pursuant to Section 12648 in the superior court in the…
ARTICLE 7. Violations §§ 12671–12674 · 4 sections
- § 12671 It is unlawful for any person to pack, ship, or sell any produce that carries pesticide residue in excess of the permissible tolerance which is established by…
- § 12672 The director or commissioner may prohibit the harvest of any produce or may seize and hold any lot of produce when a preharvest interval specified in the…
- § 12673 The director or commissioner may prohibit the harvest of any produce that carries pesticide residue in excess of a permissible tolerance which is established…
- § 12674 It is unlawful for any person to harvest, pack, ship, sell, transport, destroy, or dispose of any plant, crop, or commodity which has been seized pursuant to…
CHAPTER 2. Pesticides §§ 12751–13192 · 196 sections
ARTICLE 1. Definitions §§ 12751–12759 · 12 sections
- § 12751 Unless the context otherwise requires, the definitions in this article govern the construction of this chapter.
- § 12752 “Defoliating” includes killing or artifically accelerating the drying of plant tissues, with or without causing abscission.
- § 12753 “Pesticide” includes any of the following: (a) Any spray adjuvant. (b) Any substance, or mixture of substances which is intended to be used for defoliating…
- § 12754 “Insect” means any animal within the class of animals which are known as “Insecta” or any similar animal such as a centipede, spider, mite, tick, or louse.
- § 12754.5 “Pest” means any of the following that is, or is liable to become, dangerous or detrimental to the agricultural or nonagricultural environment of the state:…
- § 12755 “Registrant” means a person that has registered a pesticide and has obtained a certificate of registration from the department.
- § 12756 “Regulating plant growth” means the use of any substance or mixture of substances intended, through physiological action, for accelerating or retarding the…
- § 12757 “Rodent” means all members of the order Rodentia and all rabbits and hares.
- § 12757.5 “Service container” means any container, other than the original labeled container of a registered pesticide provided by the registrant, that is utilized to…
- § 12758 “Spray adjuvant” means any wetting agent, spreading agent, deposit builder, adhesive, emulsifying agent, deflocculating agent, water modifier, or similar…
- § 12758.5 “Use-dilution” means a dilution specified on the label or labeling that produces the concentration of the pesticide for a particular purpose or effect.
- § 12759 “Weed” means any plant which grows where not wanted.
ARTICLE 2. General Provisions §§ 12781–12784 · 4 sections
- § 12781 The director may adopt regulations which are reasonably necessary to carry out this chapter.
- § 12782 A copy of the regulations which are adopted by the director pursuant to this chapter shall be mailed to each registrant promptly upon promulgation of the…
- § 12783 Any person who is charged with the enforcement or execution of this chapter shall not be directly or indirectly interested in the sale, manufacture, or…
- § 12784 Any money that is received by the director pursuant to this chapter shall be paid into the State Treasury to the credit of the Department of Pesticide…
ARTICLE 2.5. Agricultural Pest Control Research §§ 12786–12798.6 · 6 sections
- § 12786 The Legislature hereby finds and declares all of the following: (a) The continued viability of the agricultural economy is of paramount importance to the…
- § 12790 Proposals for research consistent with the purposes of this article may be submitted to the committee by any person, organization, institution, or governmental…
- § 12794 Members of the research and screening committees shall serve without compensation, but shall be reimbursed for all necessary expenses incurred in the…
- § 12797 To the extent that funding is available, the secretary shall maintain a program to develop new methods and modify existing methods for testing produce for the…
- § 12798 (a) The department shall establish a competitive grants program to make funds available to qualified public and private entities to conduct pest management…
- § 12798.6 The secretary shall establish a Pest Science and Technology Screening Committee, which shall function as a scientific peer review committee on exotic pest…
ARTICLE 3. Exemptions §§ 12801–12804 · 4 sections
- § 12801 This chapter does not apply to any preparation, drug, or chemical which is intended to be used or sold solely for medicinal or cosmetic use by humans or to…
- § 12802 A person may mix or dilute any registered pesticide in accordance with its registered labeling for his or her own use or for use in his or her own business…
- § 12803 The director, by regulation, may exempt from all or part of the requirements of this division a pesticide exempted pursuant to Section 25(b) of the federal…
- § 12804 (a) The director, by regulation, may exempt from all or part of the requirements of this division a liquid chemical sterilant product for use on a critical or…
ARTICLE 4. Registration §§ 12811–12840 · 33 sections
- § 12811 Every manufacturer of, importer of, or dealer in any pesticide, except a person that sells any raw material to a manufacturer of any pesticide or a dealer or…
- § 12811.2 (a) On or before May 1, 2025, and annually thereafter, until May 2, 2028, the department shall annually report the average processing times to review and…
- § 12811.5 The director may rely on any evaluations of previously submitted data to determine whether to accept an application for registration of a new pesticide…
- § 12812 (a) The director shall establish, by regulation, fees for the department’s registration program, as established pursuant to this division. The fees shall…
- § 12814 Any county, state, or federal officer or employee who sells any pesticide at cost is not required to pay any fee that is imposed by this chapter.
- § 12815 If a manufacturer, importer, or dealer in pesticides that applies for registration of pesticides has complied with this chapter and the regulations that are…
- § 12816 If the director finds that registration cannot be permitted due to noncompliance with this chapter or the regulations which are adopted pursuant to it, he or…
- § 12817 Every registration expires on December 31st of each year except when renewal is applied for within one month thereafter in the manner which is provided for…
- § 12818 If renewal is not applied for within one calendar month after the expiration of a registration, a penalty as prescribed by the director pursuant to Section…
- § 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…
- § 12820 The payment of any renewal fee or penalty is not a bar to any prosecution for doing business without proper registry.
- § 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…
- § 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.
- § 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…
- § 12824 (a) The director shall endeavor to eliminate from use in the state any pesticide that endangers the agricultural or nonagricultural environment, is not…
- § 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…
- § 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…
- § 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…
- § 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…
- § 12827 The director may cancel a certificate of registration, or, refuse to issue certification to any manufacturer, importer, or dealer in any pesticide that…
- § 12827.5 Whenever the director cancels the registration of, or refuses to register, any pesticide currently registered by the United States Environmental Protection…
- § 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…
- § 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…
- § 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…
- § 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,…
- § 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…
- § 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…
- § 12836.5 The director shall accept applications for registration of pesticide products containing a new active ingredient concurrently with the application to the…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
ARTICLE 4.5. Assessments §§ 12841–12847 · 11 sections
- § 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…
- § 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…
- § 12841.2 (a) The Department of Pesticide Regulation shall create a program to conduct outreach and education activities for worker safety, environmental safety, school…
- § 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…
- § 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,…
- § 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…
- § 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,…
- § 12844 The director and the county agricultural commissioners shall jointly develop regulations specifying the criteria to be used in allocating pesticide mill…
- § 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…
- § 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…
- § 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…
ARTICLE 5. Labeling and Warranty §§ 12851–12859 · 9 sections
- § 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…
- § 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…
- § 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…
- § 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…
- § 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:…
- § 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.
- § 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…
- § 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…
- § 12859 The director shall adopt regulations governing the labeling of service containers. The labeling regulations shall not apply to containers used by a person…
ARTICLE 6. Misbranding §§ 12881–12885 · 5 sections
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
ARTICLE 7. Adulteration § 12911 · 1 section
- § 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)…
ARTICLE 8. Analysis § 12931 · 1 section
- § 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…
ARTICLE 9. Seizure § 12961 · 1 section
- § 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…
ARTICLE 10. Recommendations and Usage §§ 12971–12979 · 10 sections
- § 12971 No recommendation shall be in conflict with the registered labeling for the product being recommended.
- § 12972 The use of any pesticide by any person shall be in such a manner as to prevent substantial drift to nontarget areas.
- § 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…
- § 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…
- § 12975 A person making a written recommendation does not incur an obligation to insure that the actual use follows his or her recommendation.
- § 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…
- § 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…
- § 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…
- § 12978.7 (a) For purposes of this section, the following terms have the following meanings: (1) “Chlorophacinone” means a pesticide product containing chlorophacinone.…
- § 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…
ARTICLE 10.5. Pesticides and Worker Safety §§ 12980–12988 · 7 sections
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 12987 The director shall require registrants of pesticides to submit the data necessary to perform the director’s duties under this article.
- § 12988 No pesticide may be registered or reregistered unless the director determines that the registrant has complied with this article.
ARTICLE 11. Violations §§ 12991–12995 · 5 sections
- § 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…
- § 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…
- § 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,…
- § 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…
- § 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,…
ARTICLE 12. Penalties and Injunctive Relief §§ 12996–13001 · 15 sections
- § 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…
- § 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…
- § 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…
- § 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…
- § 12997.7 (a) The agency, in consultation with the department, the office, county agricultural commissioners, local health officers, CUPAs, and affected community…
- § 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…
- § 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…
- § 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…
- § 12999.2 The remedies or penalties provided by this division are in addition to the remedies or penalties available under any other law.
- § 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,…
- § 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…
- § 12999.6 (a) For purposes of this section, the following terms have the following meanings: (1) “Multijurisdictional priority investigation” means a priority…
- § 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…
- § 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…
- § 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…
ARTICLE 13. Cease and Desist §§ 13101–13102 · 2 sections
- § 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…
- § 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…
ARTICLE 14. Birth Defect Prevention §§ 13121–13135 · 28 sections
- § 13121 This article shall be known and may be cited as the Birth Defect Prevention Act of 1984.
- § 13122 It is the purpose of the Legislature in enacting this chapter to prevent pesticide induced abortions, birth defects, and infertility.
- § 13123 For purposes of this chapter, the following terms mean: (a) “Adverse reproductive effect” means a statistically significant adverse effect on parental…
- § 13123.5 To the extent feasible, health effects studies shall be conducted in accordance with standards and protocols established pursuant to the Federal Insecticide,…
- § 13126 No new active pesticide ingredient shall be conditionally registered or licensed when any of the mandatory health effects studies, as defined in subdivision…
- § 13127 (a) Not later than December 31, 1985, the department shall identify 200 pesticide active ingredients which the department determines have the most significant…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 13134 (a) The department, in cooperation with the State Department of Health Services, shall conduct an assessment of dietary risks associated with the consumption…
- § 13135 The department and the State Department of Health Services shall jointly review the existing federal and state pesticide registration and food safety system…
ARTICLE 15. The Pesticide Contamination Prevention Act §§ 13141–13152 · 12 sections
- § 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…
- § 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…
- § 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…
- § 13144 (a) The department shall establish specific numerical values for water solubility, soil adsorption coefficient (Koc), hydrolysis, aerobic and anaerobic soil…
- § 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)…
- § 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…
- § 13147 The director shall annually request a budget appropriation in order to meet the reasonable and anticipated costs of conducting soil and water monitoring…
- § 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…
- § 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…
- § 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…
- § 13151 Any pesticide identified pursuant to Section 13149 that fails to meet any of the conditions of Section 13150 shall be canceled.
- § 13152 (a) (1) The department shall conduct ongoing soil and groundwater monitoring of any pesticide whose continued use is permitted following the issuance of…
ARTICLE 16. The Interim Data Gap Exemption for Qualified Federally Registered Pesticides §§ 13161–13170 · 10 sections
- § 13161 For the purposes of this article, the following definitions apply: (a) “Feasible alternative” means other chemical or nonchemical procedures that can…
- § 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…
- § 13163 In granting a certificate of interim registration, the director may defer no more than three of the following registration data requirements: (a) Efficacy…
- § 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…
- § 13165 Notwithstanding Section 13163, the director shall not grant a certificate of interim registration unless he or she consults with the Pesticide Registration and…
- § 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…
- § 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…
- § 13168 The director may adopt regulations to carry out this article.
- § 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…
- § 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…
ARTICLE 17. Healthy Schools Act of 2000 §§ 13180–13188 · 10 sections
- § 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…
- § 13181 (a) Notwithstanding any other law, for purposes of this article, “integrated pest management” means a pest management strategy that focuses on long-term…
- § 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…
- § 13183 (a) The department shall promote and facilitate the voluntary adoption of integrated pest management programs for schoolsites, excluding privately operated…
- § 13184 (a) In implementing Section 13183, the department shall establish and maintain an Internet Web site as a comprehensive directory of resources describing and…
- § 13185 (a) The department shall establish an integrated pest management training program in order to facilitate the adoption of a model IPM program and…
- § 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…
- § 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,…
- § 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…
- § 13188 The Director of Pesticide Regulation may adopt regulations to implement this article.
ARTICLE 17.5. Pesticide Use Near Schoolsites §§ 13189–13189.6 · 7 sections
- § 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.
- § 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…
- § 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,…
- § 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…
- § 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…
- § 13189.5 This article does not apply to a school conducted in a person’s residence.
- § 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…
ARTICLE 18. Contamination of Compost §§ 13190–13192 · 3 sections
- § 13190 (a) “Clopyralid” means 3,6-dichloro-2-pyridinecarboxylic acid. (b) “Compost” means the product resulting from the controlled biological decomposition of…
- § 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…
- § 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…
CHAPTER 3. Restricted Materials §§ 14001–14086 · 36 sections
ARTICLE 1. Generally §§ 14001–14015 · 18 sections
- § 14001 The director shall control and otherwise regulate the use of restricted materials found to meet the criteria of Section 14004.5.
- § 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…
- § 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…
- § 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…
- § 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,…
- § 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…
- § 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,…
- § 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…
- § 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…
- § 14006.7 The director shall designate, by regulation, a list of “exempt materials” for which the director finds additional restrictions, other than registration and…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
ARTICLE 1.5. Pesticides §§ 14021–14027 · 7 sections
- § 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…
- § 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…
- § 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…
- § 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…
- § 14025 Any person may petition the department to review a determination made pursuant to this article. The petition shall specify the additional scientific evidence…
- § 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…
- § 14027 (a) Notwithstanding Section 12998, any person who violates any rule or regulation, emission limitation, or permit condition adopted pursuant to this article is…
ARTICLE 2. 2,4-D and Other Herbicides §§ 14031–14034 · 4 sections
- § 14031 As used in this article, “2,4-D” means any form of 2,4-dichlorophenoxyacetic acid.
- § 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…
- § 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…
- § 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…
ARTICLE 3. Compound 1080 §§ 14061–14063 · 3 sections
- § 14061 As used in this article, “Compound 1080” means sodium fluoroacetate or any preparation of sodium fluoroacetate.
- § 14062 Except as otherwise provided in this article, it is unlawful for any person to sell, use, or possess any Compound 1080.
- § 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)…
ARTICLE 4. Methyl Bromide and Chloropicrin §§ 14081–14082 · 2 sections
- § 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…
- § 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.
ARTICLE 5. Paraquat Dichloride §§ 14085–14086 · 2 sections
CHAPTER 3.4. Private Applicator Certification §§ 14090–14099.5 · 10 sections
- § 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…
- § 14091 The application for a private applicator certificate or a renewal of the certificate shall be on a form prescribed by the director. Each application shall…
- § 14092 (a) Applicants shall be examined on the requirements of statutes and regulations concerning pesticide use and pest control operations, including, but not…
- § 14093 The commissioner, or the director in any county where there is no commissioner, shall issue a private applicator certificate to each applicant who passes the…
- § 14094 If a passing score of 70 percent is not achieved, the applicant may not retake the examination for seven calendar days.
- § 14095 A private applicator certificate shall be issued for a period of three years except that the initial term of a private applicator certificate shall expire as…
- § 14096 Certified private applicators may renew their certificate for a period of three years by completing the continuing education requirement as prescribed by the…
- § 14097 The commissioner, or the director in a county where there is no commissioner, may establish a program to certify employees other than the operator of the…
- § 14098 (a) A private applicator certificate may be refused, revoked, or suspended by the commissioner or director for any of the following reasons: (1) Failure to…
- § 14099.5 This chapter shall become operative on January 1, 1997.
CHAPTER 3.5. Environmentally Harmful Material §§ 14101–14103 · 3 sections
ARTICLE 1. Definitions § 14101 · 1 section
- § 14101 As used in this division, “environment” means the aggregate of all factors that influence the conditions of life in or about the state or within any portion…
ARTICLE 2. General Provisions §§ 14102–14103 · 2 sections
- § 14102 The director shall prohibit or regulate the use of environmentally harmful materials, pursuant to the provisions of Chapters 2 (commencing with Section 12751)…
- § 14103 In establishing criteria and regulations relating to environmental injury and protection, and in conducting the reviews required in Chapters 2 and 3, the…
CHAPTER 3.6. Qualified Applicator Certificates §§ 14151–14155 · 6 sections
- § 14151 The director may, by regulation, specify the pesticide applications that shall be made by or under the supervision of a person holding a valid qualified…
- § 14152 An application for a qualified applicator certificate shall be in the form prescribed by the director. Each application shall state the name and address of the…
- § 14153 Applicants shall be examined on the requirements of laws and regulations concerning pesticide use and shall elect to be examined for certification in one or…
- § 14153.1 The director may designate subcategories within the categories established pursuant to Section 14153, as determined to be necessary.
- § 14154 The director shall issue a qualified applicator certificate to each applicant who satisfies the requirements of this chapter.
- § 14155 A qualified applicator certificate may be refused, revoked, or suspended by the director, after hearing, for any of the following: (a) Failure to comply with…
CHAPTER 3.7. Carbon Monoxide Pest Control Devices §§ 14160–14161 · 2 sections
- § 14160 For purposes of this chapter, “carbon monoxide pest control device” means any method or instrument using carbon monoxide to prevent, eliminate, destroy, or…
- § 14161 The director shall regulate the use of carbon monoxide pest control devices, and shall adopt and enforce regulations to provide for the proper, safe, and…
CHAPTER 4. Livestock Drugs §§ 14200–14390 · 59 sections
ARTICLE 1. Legislative Intent § 14200 · 1 section
- § 14200 The Legislature hereby declares that this chapter, which prescribes the distribution and use of livestock drugs, is intended to assure that such drugs are…
ARTICLE 1.5. Definitions §§ 14201–14209 · 9 sections
- § 14201 Unless the context otherwise requires, the definitions in this article govern the construction of this chapter.
- § 14202 “Drug” means any of the following substances: (a) Any substance which is intended for use in the diagnosis, cure, mitigation, prevention, or treatment of…
- § 14203 “Restricted drug” means any livestock drug which is sold in such form that it might be administered to humans and if so administered would be dangerous to the…
- § 14204 “Label” includes written and graphic matter which is imprinted upon, or upon paper or other material affixed to, or accompanying, a container of a livestock…
- § 14205 “Livestock” includes all animals, poultry, and bees, and aquatic and amphibian species which are raised, kept, or used for profit. It does not include those…
- § 14206 “Livestock drug” means any drug, combination of drugs, proprietary medicine, or combination of drugs and other ingredients which is prepared for administration…
- § 14207 “Manufacturer” includes any person that is responsible for the placing of a livestock drug on the market in this state.
- § 14208 “Retailer” means any person that sells any livestock drug at retail.
- § 14209 “Distribute” means to offer for sale, sell, exchange, or barter.
ARTICLE 2. General Provisions §§ 14231–14233 · 3 sections
- § 14231 The director shall enforce this chapter and, in accordance with the provisions of Section 14200, may make and enforce such regulations which relate to the…
- § 14232 All money which is received under this chapter shall be paid into the Department of Agriculture Fund. Any money in the Department of Agriculture Fund which is…
- § 14233 The provisions of this chapter shall be controlling over those of any other provisions of law which are in conflict with them. No act or thing which is…
ARTICLE 3. Exemptions §§ 14261–14262 · 2 sections
- § 14261 This chapter, except Section 14363, does not apply to any of the following: (a) Any livestock drug which is sold exclusively to, and used exclusively by, or…
- § 14262 This chapter also does not apply to any of the following: (a) Any livestock drug that is intended for, and that is used solely for, laboratory or experimental…
ARTICLE 4. Registration §§ 14281–14296 · 16 sections
- § 14281 A person shall not sell any livestock drug in this state prior to receipt of a registration certificate pursuant to this chapter.
- § 14282 The manufacturer of any livestock drug shall apply to the director for registration of the livestock drug.
- § 14283 The application shall be in a form which is supplied by the director. It shall show all of the following: (a) The name of the applicant and the address of his…
- § 14284 The application shall also contain a detailed description, or be accompanied by a copy, of the label of each type and size of container in which the livestock…
- § 14285 The label shall contain all of the following: (a) The name, brand, or trademark of the livestock drug. (b) The name of the applicant and his principal address.…
- § 14286 If it is proposed that any instructions for use, other than those on the label, shall accompany containers of the livestock drug which are sold at retail, a…
- § 14287 The director shall examine and consider the application together with all material, data, and information which accompanies it.
- § 14288 The director shall refuse to register a livestock drug if he finds any of the following is true of the drug: (a) It is of little or no value for the purpose…
- § 14289 If the livestock drug is a restricted drug, the director shall also refuse registration if he finds that the instructions for use do not contain adequate and…
- § 14290 The registration of a livestock drug includes all of the following: (a) Registration of the drug and its ingredients. (b) Registration of the label. (c)…
- § 14291 (a) The fee for a two-year registration certificate for a livestock drug is one hundred eighty dollars ($180). The certificate period shall commence beginning…
- § 14292 If registration is granted, the original fee covers the registration for the remainder of the then current calendar year in which registration is granted.
- § 14293 The fee for application for renewal of registration is one hundred eighty dollars ($180) for a two-year period. It is payable on or before January 31st of each…
- § 14294 The director may quarantine and remove from sale any livestock drug which is not registered pursuant to this chapter or any livestock drug which does not…
- § 14295 The director shall have access at all reasonable hours to all premises which are used in the manufacture, sale, or storage of any livestock drug, or where…
- § 14296 The director may revoke the registration of any livestock drug if he finds, from representative samples, that the drug as offered for sale fails to conform to…
ARTICLE 5. Retail Licenses for Restricted Drugs §§ 14321–14330 · 10 sections
- § 14321 A person shall not sell any restricted drug in this state at retail unless he holds a license to do so issued pursuant to this chapter.
- § 14322 Any person may file with the director an application for a license pursuant to this chapter. The application shall be on a form which is supplied by the…
- § 14323 The application shall be accompanied by an application fee of fifty dollars ($50). The fee is not refundable if the license is refused.
- § 14324 If the license is issued, the application fee covers the license for the remainder of the current calendar year in which it is issued.
- § 14325 The fee for the renewal application for a license is fifty dollars ($50) per year, payable on or before January 31 of each year. If the fee is not paid by that…
- § 14326 A separate license is required for each place of business at which any restricted drug is kept for sale, and for each mobile unit in which any such drug is…
- § 14327 The director may make an examination of the facilities which are available to the applicant for the proper handling and storing of restricted drugs and may…
- § 14328 Each holder of a license under this chapter shall keep a record, in the manner and form prescribed by the director, of each sale of a restricted drug by the…
- § 14329 The record required pursuant to Section 14328 shall include all of the following: (a) A statement of the kind and quantity of the restricted drug sold. (b) The…
- § 14330 The director shall revoke a restricted drug license if he finds that the holder of such license has failed to keep the required record of sales of such drugs,…
ARTICLE 6. Violations §§ 14351–14365 · 15 sections
- § 14351 It is unlawful for any person to sell any livestock drug which is subject to any provision of this chapter unless the drug is registered pursuant to this…
- § 14352 It is unlawful for any registrant to sell any livestock drug which does not conform with its registration.
- § 14353 It is unlawful for any person to administer any registered livestock drug to any human being.
- § 14354 It is unlawful for any person to sell any restricted drug unless such person has a license issued pursuant to this chapter.
- § 14355 It is unlawful for any person to use or administer any registered livestock drug except in accordance with the label instructions for use which are supplied by…
- § 14356 It is unlawful for the holder of a restricted drug license to sell a restricted drug without requiring the purchaser of the restricted drug to sign his name…
- § 14357 It is unlawful for any person to refuse to permit the entry into and inspection of any premises wherein any livestock drug is manufactured or sold for the…
- § 14358 It is unlawful for any person to sell any livestock drug except in the container in which it is packaged by the manufacturer or distributor or to sell any such…
- § 14359 It is unlawful for any person to make any false or misleading representation which relates to any livestock drug, whether such representation is communicated…
- § 14360 It is unlawful for any livestock owner or his or her agent to sell or dispose of treated livestock or livestock products within the specified withdrawal period…
- § 14361 The director may seize and hold any livestock drug which he has reasonable cause to believe is in violation of the provisions of this chapter or the…
- § 14362 It is unlawful for any person to manufacture, distribute, sell, or use any livestock drug without complying with the provisions of this chapter and the…
- § 14363 (a) It is unlawful for any livestock owner or agent to sell or dispose of any livestock or livestock carcasses which within 48 hours after the buyer takes…
- § 14364 (a) It is unlawful to sell or dispose of a bob veal calf for the purposes of slaughter without first affixing to the animal a producer identification number…
- § 14365 (a) It is unlawful to sell or dispose of a dairy cull cow without first affixing to the animal a producer identification number issued by the director. (b) For…
ARTICLE 7. Penalties §§ 14381–14382 · 2 sections
- § 14381 A violation of this chapter or of any regulation which is adopted by the director pursuant to this chapter is an infraction punishable by a fine of not more…
- § 14382 (a) The director may, after a hearing, refuse to issue or renew, or may suspend or revoke a livestock drug registration or restricted drug license for any…
ARTICLE 8. Procedure for Prosecution § 14390 · 1 section
- § 14390 In addition to the remedies provided in this chapter, the department may bring an action in superior court and such court shall have jurisdiction upon hearing…
CHAPTER 4.5. Livestock: Use of Antimicrobial Drugs §§ 14400–14408 · 9 sections
- § 14400 For purposes of this chapter, the following definitions apply: (a) “Medically important antimicrobial drug” means an antimicrobial drug listed in Appendix A of…
- § 14401 A medically important antimicrobial drug shall not be administered to livestock unless it is ordered by a licensed veterinarian through a prescription or…
- § 14402 (a) Beginning January 1, 2018, a medically important antimicrobial drug may be used when, in the professional judgment of a licensed veterinarian, the…
- § 14403 (a) Notwithstanding Sections 14401 and 14402 of this code and Article 15 (commencing with Section 4196) of Chapter 9 of Division 2 of the Business and…
- § 14404 (a) The department, in consultation with the Veterinary Medical Board, the State Department of Public Health, universities, and cooperative extensions, shall…
- § 14405 (a) It is the intent of the Legislature that the department coordinate with the United States Department of Agriculture, the federal Food and Drug…
- § 14406 The department has the authority to request and receive copies of veterinary feed directives from the livestock owner, veterinarian, or distributor to fully…
- § 14407 Notwithstanding the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code), any information provided…
- § 14408 (a) A person who violates this chapter shall be liable for a civil penalty of not more than two hundred and fifty dollars ($250) for each day a violation…
CHAPTER 5. Fertilizing Materials §§ 14501–14682 · 113 sections
ARTICLE 1. General Provisions §§ 14501–14505 · 6 sections
- § 14501 The Legislature finds and declares that it is the intent of this chapter to do all of the following: (a) To promote the distribution of effective and safe…
- § 14502 The secretary shall enforce this chapter and adopt and enforce regulations relating to the manufacture, guaranteeing, labeling, and distribution of, the manner…
- § 14502.1 The secretary shall notify every licensee that manufactures, distributes, or sells ammonium nitrate, as defined in Section 14512.5, of their duty to maintain…
- § 14503 Any money which is received by the director pursuant to this chapter shall be paid into the State Treasury to the credit of the Department of Food and…
- § 14504 The secretary shall prepare an annual statement of the operating expenditures and revenue related to this chapter which shall be presented to the board for…
- § 14505 Agricultural products derived from municipal sewage sludge shall be regulated as a fertilizing material pursuant to this chapter, and when used in general…
ARTICLE 2. Definitions §§ 14511–14564 · 58 sections
- § 14511 “Agricultural liming materials” are agricultural minerals composed of calcium or magnesium compounds, or both, which are capable of neutralizing soil acidity…
- § 14512 “Agricultural mineral” means any substance with nitrogen (N), available phosphoric acid (P2O5), and soluble potash (K2O), singly or in combination, in amounts…
- § 14512.5 “Ammonium nitrate” means solid ammonium nitrate that is chiefly the ammonium salt of nitric acid, contains not less than 33 percent of nitrogen, one-half of…
- § 14513 “Beneficial substance” means any substance or compound, other than primary plant nutrients, secondary plant nutrients, and micronutrients, and excluding…
- § 14513.5 “Biochar” means materials derived from thermochemical conversion of biomass in an oxygen-limited environment containing at least 60 percent carbon.
- § 14514 “Biotics” means all materials for which claims are made relating to organisms, enzymes, or organism by-products.
- § 14515 “Board” means the Fertilizer Inspection Advisory Board.
- § 14516 “Brand” means any term, design, or trademark used in connection with a fertilizing material product.
- § 14517 “Bulk material” means fertilizing materials distributed in nonpackaged form or in a container containing more than 50 kilograms or 110 pounds.
- § 14518 “Business location” means any place where fertilizing materials are sold or stored for later sale, except storage of package materials on premises operated…
- § 14519 “Captured dilute solutions” means solutions that contain low levels of plant nutrients as a result of equipment rinsing and runoff.
- § 14520 “Chelates” means compounds, usually organic, which can combine with a metal ion and form a ring structure between a portion of the chelating agent molecule and…
- § 14521 “Chelated plant nutrients” means compounds of metallic secondary nutrients and micronutrients with organic chelating agents which have the property of being…
- § 14522 “Commercial fertilizer” means any substance which contains 5 percent or more of nitrogen (N), available phosphoric acid (P2O5), or soluble potash (K2O), singly…
- § 14523 “Common carrier” means a company licensed with the Public Utilities Commission that hauls for hire.
- § 14524 “Complex” means bonding which includes both of the following: (a) “Natural organic complexes” means organic by-products of the wood pulp and other industries,…
- § 14525 “Compost” means a biologically stable material derived from the composting process.
- § 14526 “Composting” means the biological decomposition of organic matter which inhibits pathogens, viable weed seeds, and odors. “Composting” may be accomplished by…
- § 14527 “Derivation statement” means the sources of all guaranteed primary nutrients or secondary nutrients, or both, and micronutrients.
- § 14528 “Discontinued manufacturing” means a beneficial substance, packaged agricultural mineral, organic input material, and specialty fertilizer that is no longer…
- § 14529 “Distribute” means to sell, offer, expose for sale, exchange, barter, or otherwise supply products for use in, or shipment within or into, this state.
- § 14530 “Distributor” means any person who imports or consigns a fertilizing material or who offers for sale, sells, barters, or othewise supplies this product for use…
- § 14531 “Experimental use” means any application of a fertilizing material which is not offered for sale, has no commercial value, and is for the sole purpose of…
- § 14532 “Farm use” means that the fertilizing material is used primarily for application to crops produced for commercial value.
- § 14533 “Fertilizing material” means any commercial fertilizer, agricultural mineral, beneficial substance, or organic input material.
- § 14534 “Fish emulsion” means fertilizing material from which the guaranteed nutrients are derived primarily from fish, which contains a minimum of 40 percent total…
- § 14535 “Grade” means the percentage of total nitrogen, available phosphoric acid, and soluble potash stated in the same terms, order, and percentage as the guaranteed…
- § 14536 “Guaranteed analysis” means the minimum percentage of primary or secondary plant nutrients or micronutrients, or both, claimed.
- § 14537 (a) “Gypsum” means calcium sulfate dihydrate, a mineral used in the fertilizer industry as a source of calcium and sulfur which is also known as landplaster.…
- § 14538 “Hydroponics” means a system in which water soluble primary or secondary plant nutrients or micronutrients, or combination thereof, are placed in intimate…
- § 14539 “Investigational allowance” means an allowance for variation inherent in the taking, preparation, and analysis of an official sample of fertilizing materials.
- § 14540 “Label” means the display of all written, printed, or graphic matter on the immediate container of, or a statement, including the guaranteed analysis,…
- § 14541 “Label guarantor” means the manufacturer’s or person’s name appearing on the label of a fertilizing material.
- § 14542 “Labeling” means all written, printed, or graphic matter on, accompanying, or used in promoting the sale of any fertilizing material, including advertisements,…
- § 14543 “Licensee” means a person who has obtained a license pursuant to this chapter.
- § 14544 “Manufacturer” means a person who produces, sells, or distributes a fertilizing material in this state that bears their company name on the label and is the…
- § 14545 “Manure” means any substances composed primarily of animal excrement, plant remains, or mixtures of those substances.
- § 14546 “Micronutrients” means boron, chlorine, cobalt, copper, iron, manganese, molybdenum, sodium, or zinc, alone or in any combination.
- § 14547 “Mixed fertilizer” is a commercial fertilizer containing any combination or mixture of fertilizing materials.
- § 14548 “Natural organic fertilizer” means materials derived from either plant or animal products containing one or more nutrients other than carbon, hydrogen, and…
- § 14549 “Noncommercial use” means materials used primarily for application to lawns, shrubbery, flowers, trees, or where there is no crop for commercial value or…
- § 14550 “Official sample” means any sample of fertilizing material taken by an agent of the department and designated as “official” by the department.
- § 14550.5 “Organic input material” means any bulk or packaged commercial fertilizer, agricultural mineral, beneficial substance, or specialty fertilizer, excluding…
- § 14551 “Packaged” means a fertilizing material distributed in packaged form or in a container containing equal to or less than 50 kilograms or 110 pounds.
- § 14553 “Percent or percentage” means percentage by weight.
- § 14554 “Person” means individual, partnership, association, firm, limited liability company, or corporation who assumes responsibility for the product.
- § 14555 “Plant” means any business location where fertilizing materials are manufactured, sold, or stored for later sale, except storage of packaged materials on…
- § 14555.5 “Plant biostimulant” means a substance or microorganism, or mixtures thereof, that, when applied to seeds, plants, the rhizosphere, soil, or other growth…
- § 14556 “Primary plant nutrient” means nitrogen (N), available phosphoric acid (P2O5), or soluble potash (K2O).
- § 14557 “Provisional registration” means that under certain circumstances, a label for renewal on a beneficial substance, packaged agricultural mineral, organic input…
- § 14558 “Registrant” means any person who has registered a packaged agricultural mineral, beneficial substance, organic input material, or specialty fertilizer.
- § 14559 “Secondary plant nutrient” means calcium, magnesium, or sulfur, alone or in any combination.
- § 14559.5 “Secretary” means the Secretary of Food and Agriculture.
- § 14560 “Sewage sludge” means the solid material resulting from the treatment of waste water of residential or municipal sewage systems.
- § 14561 “Soil conditioners” means polyelectrolytes, such as complex vinyl and acrylic compounds and certain cellulose and lignin derivatives, which tend to agglomerate…
- § 14562 “Soilless growing medium” means a medium of an inorganic substance, such as sand or gravel, or in a soilless organic material such as sphagnum peat or pine…
- § 14563 “Specialty fertilizer” means packaged commercial fertilizer labeled for home gardens, lawns, shrubbery, flowers, and other similar noncommercial uses. These…
- § 14564 “Ton” means a net weight of 2,000 pounds avoirdupois.
ARTICLE 3. Fertilizer Inspection Advisory Board §§ 14581–14586 · 7 sections
- § 14581 There is, in the department, a Fertilizer Inspection Advisory Board consisting of nine persons appointed by the secretary, eight of whom shall be licensed…
- § 14582 The term of office of a member of the board is three years. The initial board shall consist of, three members appointed for a term of three years, three…
- § 14583 The board shall be advisory to the secretary and may make recommendations on all matters pertaining to this chapter, including, but not limited to, the…
- § 14583.5 (a) The secretary, by January 1, 2012, and in consultation with the board, shall review the definition of organic input materials in Section 14550.5 and…
- § 14584 The board shall elect a chairperson and other officers as it deems advisable.
- § 14585 The board shall meet at the call of the chairperson or the secretary, or at the request of any five members of the board. The board shall meet at least once a…
- § 14586 The secretary shall accept the recommendations of the advisory board pertaining to subdivision (b) of Section 14611 if he or she finds them to be practicable…
ARTICLE 4. Licensing §§ 14591–14593 · 3 sections
- § 14591 (a) Every person who manufactures or distributes fertilizing materials shall, before engaging in the activity, obtain a license from the secretary for each…
- § 14592 A violation of this article is an infraction punishable by a fine of not more than five hundred dollars ($500). A second or subsequent violation of this…
- § 14593 The license shall expire on December 31, of an even-numbered year. Each application for renewal shall be accompanied by a fee not to exceed two hundred dollars…
ARTICLE 5. Registration §§ 14601–14604 · 4 sections
- § 14601 (a) Each differing label, other than weight or package size, such as changes in the guaranteed analysis, derivation statement, or anything that implies a…
- § 14602 A violation of this article is an infraction punishable by a fine of not more than five hundred dollars ($500). A second or subsequent violation of this…
- § 14603 Each application for renewal shall be accompanied by a fee not to exceed four hundred dollars ($400) for each product label or one thousand dollars ($1,000)…
- § 14604 The secretary may grant a provisional registration for a period not exceeding six months for a registered product undergoing renewal. All fees shall be paid…
ARTICLE 6. Inspection Fees §§ 14611–14613 · 4 sections
- § 14611 (a) (1) A licensee whose name appears on the label who sells or distributes bulk fertilizing materials, as defined in Sections 14517 and 14533, to unlicensed…
- § 14612 Each licensee shall maintain in this state, or with the secretary’s permission, at another location, an accurate record of all transactions subject to…
- § 14612.5 (a) Every licensee that manufactures, distributes, or sells ammonium nitrate, as defined in Section 14512.5, shall maintain in this state, or with the…
- § 14613 The payment required by Section 14611, together with a form containing information prescribed by the secretary, shall be made quarterly within one calendar…
ARTICLE 7. Tonnage Reports §§ 14621–14623 · 3 sections
- § 14621 The last licensee selling or distributing fertilizing material shall submit a tonnage report, on a form or a computer printout format approved by the…
- § 14622 (a) The secretary shall publish, at least annually, a tonnage report. The secretary shall distribute the report and may charge a fee to cover the actual cost…
- § 14623 The tonnage report shall be submitted to the secretary semiannually as specified by regulation. The secretary shall impose a late fee in the amount of two…
ARTICLE 8. Labels § 14631 · 1 section
- § 14631 Every lot, parcel, or package of fertilizing material distributed into or within this state shall have attached to it, or the shipment shall be physically…
ARTICLE 9. Inspection, Sampling, and Analysis §§ 14641–14648 · 8 sections
- § 14641 The secretary shall have free access at reasonable times to all records, premises, production processes, or conveyances that are used in the manufacture,…
- § 14642 The secretary shall, at the times and to the extent necessary for the enforcement of this chapter, do all of the following: (a) Take samples of any substance.…
- § 14643 In determining the percentage of component parts of any substance for the purpose of proper labeling, registration, or determining compliance with…
- § 14644 The secretary shall publish, at least annually, the results of examinations or chemical analyses of official samples of commercial fertilizer and agricultural…
- § 14645 The secretary may take a sample for analysis from any lot of fertilizing material which is in the possession of any producer, manufacturer, importer, agent,…
- § 14646 The secretary shall establish sampling procedures by regulation.
- § 14647 Upon the analysis of a sample of fertilizing material, the secretary shall issue a report showing the findings and indicating that the product has met the…
- § 14648 In any action, civil or criminal, in any court in this state, a laboratory report from the secretary which states the results of any analysis, reported to be…
ARTICLE 10. Violations §§ 14649–14661 · 15 sections
- § 14649 (a) It is unlawful for the owner of a plant, crop, or commodity to knowingly treat or apply to that plant, crop, or commodity, or cause that plant, crop, or…
- § 14650 (a) Any person who is licensed pursuant to this code and who is found by a court to have knowingly sold, applied, or provided fertilizers that were stolen or…
- § 14651 (a) Unless otherwise specified in this chapter, any violation of this chapter, or the regulations adopted pursuant to this chapter, is a misdemeanor,…
- § 14651.5 (a) The department shall levy an administrative penalty against a person who violates this chapter in an amount of not more than five thousand dollars ($5,000)…
- § 14651.7 (a) Notwithstanding any other provision of this chapter, the department shall refuse to issue a license pursuant to Article 4 (commencing with Section 14591),…
- § 14652 (a) It is unlawful for any person to manufacture or distribute in this state any fertilizing material without complying with this chapter or the regulations…
- § 14653 The secretary may seize and hold any lot of fertilizing material which he or she has reasonable cause to believe is in violation of this chapter or the…
- § 14654 If the secretary seizes any lot of fertilizing material, he or she shall immediately issue a hold order to the person that has control of that material. The…
- § 14655 (a) Any lot of fertilizing material for which a hold order or notice is issued shall be held by the person having control of the material and shall not be…
- § 14656 Upon demand of the person who has control of the seized fertilizing material, and within 10 days of sampling by the secretary, a subsample shall be returned…
- § 14657 If the seized and held lot, as determined by the secretary’s analysis, is not in violation of this chapter, the secretary shall immediately release the seized…
- § 14658 If the seized and held lot is found to be in violation of this chapter, the secretary shall take either of the following actions: (a) Continue to hold the lot…
- § 14659 The person who has control of a seized or held lot that is found to be in violation of this chapter may appeal the result of the analysis to the secretary, in…
- § 14660 The authority for the issuance of citations is limited to the violations of Sections 14591, 14601, 14631, 14651, and 14655. The secretary shall adopt…
- § 14661 (a) The department shall be entitled to receive reimbursement from any person who is found in violation of this chapter for any reasonable attorney’s fees and…
ARTICLE 11. Procedure for Prosecution §§ 14671–14672 · 2 sections
- § 14671 In addition to the remedies provided in this chapter, the department may bring an action in superior court and the court may grant a temporary or permanent…
- § 14672 Nothing in this chapter requires the secretary to report for prosecution or to institute injunctive proceedings for any minor violation of this chapter…
ARTICLE 12. Misbranding and Adulteration §§ 14681–14682 · 2 sections
- § 14681 No person shall distribute misbranded fertilizing materials. A fertilizing material shall be deemed to be misbranded under any of the following conditions: (a)…
- § 14682 No person shall distribute an adulterated fertilizing material. A fertilizing material shall be deemed to be adulterated under any of the following conditions:…
CHAPTER 6. Commercial Feed §§ 14901–15103 · 81 sections
ARTICLE 1. General Provisions §§ 14901–14904 · 6 sections
- § 14901 The Legislature hereby finds and declares that it is the intent of this chapter to do all of the following: (a) Enable the feed and feeding industry, with the…
- § 14902 Except as otherwise provided in Sections 14978 and 14979, the director shall enforce this chapter and adopt and enforce those regulations relating to the…
- § 14902.1 (a) Notwithstanding any other law, any commercial feed, feed additive, or drug approved by the United States Food and Drug Administration that is fed to…
- § 14902.5 Notwithstanding any other law, the department shall continue to be the primary regulatory agency over medicated feed, responsible for regulating medicated feed…
- § 14903 The secretary shall establish, by regulation, good manufacturing practices, hazard analysis, and preventive control measures as the secretary determines are…
- § 14904 The director shall adopt and enforce regulations for the manufacture, distribution, and labeling of feed used in connection with the production of food sold as…
ARTICLE 2. Definitions §§ 14921–14939 · 18 sections
- § 14921 Unless the context otherwise requires, the definitions in this article govern the construction of this chapter.
- § 14923 “Animal” means any animal, including birds, except a human being.
- § 14924 “Board” means the Feed Inspection Advisory Board.
- § 14925 “Commercial feed” includes all materials which are intended for use as feed or for mixing in feed except preparations which are manufactured and distributed…
- § 14926 “Consumer-buyer” means any person not licensed under this chapter who purchases commerical feed from a manufacturer or distributor of such feed for use in…
- § 14927 “Distribute” means to offer for sale, sell, exchange or barter.
- § 14928 “Drug” means any substance which is intended, or represented, for use in the diagnosis, cure, mitigation, treatment, or prevention of any disease in any…
- § 14929 “Feed ingredient” means each of the constituent substances making up a formula feed.
- § 14930 “Formula feed” means two or more feed ingredients, proportioned, mixed, and processed according to specifications.
- § 14931 “Label” means a display of written, printed, or graphic matter upon, or affixed to, the container in which a commerical feed is distributed, or on the invoice…
- § 14932 “Licensee” means a person that has obtained a license pursuant to the provisions of this chapter.
- § 14933 “Manufacture” means to grind, mix, or further process a commerical feed.
- § 14934 “Medicated feeds” means commerical feeds that contain drugs.
- § 14935 “Medicated feed premixes” means a concentrated combination of one or more substances, at least one of which is a drug, which must be diluted through…
- § 14936 “Percent or percentages” means percentages by weight.
- § 14937 “Person” means any individual, corporation, partnership, limited liability company, trust, association, cooperative association, or any other business unit or…
- § 14938 “Special mix” means any commercial feed which is manufactured, processed, or mixed pursuant to specifications which are agreed upon by the purchaser and the…
- § 14939 “Ton” means a net weight of 2,000 pounds avoirdupois.
ARTICLE 3. Funds §§ 14961–14963 · 3 sections
- § 14961 All of the money which is received by the director pursuant to this chapter shall be deposited in the Department of Food and Agriculture Fund and shall be…
- § 14962 The director shall prepare an annual statement of the operating expenditures and income related to this chapter which shall be presented to the board for…
- § 14963 If this chapter is repealed, any funds received by the director pursuant to this chapter remaining after all expenses are paid, shall be rebated by the…
ARTICLE 4. Feed Inspection Advisory Board §§ 14971–14979 · 14 sections
- § 14971 There is in state government a Feed Inspection Advisory Board consisting of eight persons appointed by the director, who are licensed under this chapter, and…
- § 14971.5 It is hereby declared, as a matter of legislative determination, that persons appointed to the Feed Inspection Advisory Board pursuant to this article are…
- § 14972 The term of office of the members of the board is three years. When the board is first appointed, two members shall be appointed for three years, two members…
- § 14975 Except as otherwise provided in Sections 14978 and 14979, the board shall be advisory to the director and may make recommendations on all matters pertaining to…
- § 14976 The board shall elect a chairman, and from time to time such other officers as it may deem advisable.
- § 14977 The board shall meet at the call of its chairman or the director or at the request of any three members of the board. The board shall meet at least once a year.
- § 14978 (a) In order to avoid administrative charges which may adversely impact persons subject to this chapter, and to provide for more efficient implementation of…
- § 14978.1 The entity or entities that may be established or designated by the board pursuant to Section 14978 includes, but shall not be limited to, the following: (a)…
- § 14978.2 (a) The board may establish the Commercial Feed Inspection Committee as an entity to administer this chapter. The committee shall consist of eight persons…
- § 14978.3 Any entity established or designated pursuant to Section 14978 shall do all of the following: (a) Administer this chapter or any part thereof, and to do and…
- § 14978.4 The director may require any entity or entities established or designated pursuant to Section 14978 to correct or cease any activity or function that is…
- § 14978.5 Persons subject to this chapter shall not have access to any information in the possession of any entity or entities established or designated pursuant to…
- § 14978.6 Any person licensed under this chapter may petition the director, in accordance with regulations adopted by the director, to review any action, order, or…
- § 14979 (a) The director shall adopt regulations to be used by the entity or entities established or designated by the board pursuant to Section 14978 to administer…
ARTICLE 5. Labels §§ 14991–14996 · 6 sections
- § 14991 (a) Except as otherwise provided in this chapter or by regulations of the secretary that declare that the statement required pursuant to this article is not…
- § 14992 The label shall contain a legible and plainly printed statement which certifies all of the following: (a) The net weight or volume of the contents of the lot…
- § 14993 Any person that manufactures, processes, or mixes any special mix for another person, shall label it in accordance with regulations as specified by the…
- § 14994 A special mix shall not be resold unless relabeled.
- § 14995 If a manufacturer or processor of any commercial feed makes a claim or guarantee relative to the content of the commerical feed on, or with, the package which…
- § 14996 Commercial feed manufactured or distributed for feeding to animals on a contract or partnership basis is exempt from the labeling provisions of this chapter if…
ARTICLE 6. Standards and Tolerances § 15011 · 1 section
- § 15011 The director shall fix the standards for commercial feed ingredients, including drugs, tolerances for agricultural chemicals, and any additives used in the…
ARTICLE 7. Inspection and Analysis § 15021 · 1 section
- § 15021 The director, his agents, and his inspectors shall have free access at reasonable times to all premises or conveyances which are used in the manufacture,…
ARTICLE 8. Mislabeling § 15031 · 1 section
- § 15031 A commercial feed is mislabeled in each of the following cases: (a) Its labeling is false or misleading in any particular. (b) It is not labeled as required by…
ARTICLE 9. Adulteration §§ 15041–15042 · 2 sections
- § 15041 A commercial feed is adulterated in the following cases: (a) It bears or contains any poisonous, deleterious, or nonnutritive substance in amounts which are…
- § 15042 The sale or distribution of any lot, parcel, or package of commercial feed deemed by the secretary to bear or contain a poisonous, deleterious, or nonnutritive…
ARTICLE 10. Licenses §§ 15051–15056 · 5 sections
- § 15051 (a) Each person shall obtain a license from the secretary for each location where commercial feed is manufactured, distributed, sold, or stored for later sale.…
- § 15053 (a) Each application for a license shall be accompanied by an annual fee specified by the department for each location. The minimum license fee shall be one…
- § 15054 All licenses shall be renewed on July 1 of each year and shall be valid until June 30 of the next year. Each application for renewal shall be accompanied by a…
- § 15055 If a license is not renewed within one calendar month following its expiration, a penalty of one hundred dollars ($100) shall be added to the fee.
- § 15056 The penalty for the manufacture or distribution of a commercial feed without a valid license as specified in Section 15051 is a violation of this chapter.
ARTICLE 11. Inspection Tonnage Tax §§ 15061–15062 · 3 sections
- § 15061 (a) An inspection tonnage tax at the maximum rate of twenty-five cents ($0.25) per ton of commercial feed sold, except whole grains, and whole hays when…
- § 15061.1 (a) The secretary may, based on a finding and recommendation of the board, designate 15 percent of the tonnage taxes collected pursuant to Section 15061, or…
- § 15062 Every person subject to payment of the inspection tonnage tax shall make reports and payments in the manner prescribed by the director by regulation. If…
ARTICLE 12. Violations §§ 15071–15082 · 16 sections
- § 15071 (a) The secretary may, after a hearing, refuse to issue or renew, or may suspend or revoke, a license for any violation of this chapter or any regulation that…
- § 15071.1 (a) The department shall levy an administrative penalty against a person who violates this chapter or the regulations adopted pursuant to this chapter in an…
- § 15071.3 (a) The department shall be entitled to receive reimbursement from any person who is found in violation of this chapter for any reasonable attorney’s fees and…
- § 15071.4 The procedures for the issuance of citations and penalties shall be prescribed in a citations policy adopted by the secretary, notwithstanding Chapter 3.5…
- § 15071.5 In lieu of any other penalty provided by this chapter, the secretary may initiate a proceeding for the issuance of a civil penalty.
- § 15072 It is unlawful for any person to manufacture or distribute in this state any commercial feed without complying with the provisions of this chapter and the…
- § 15072.5 It is unlawful for any person to use any commercial feed containing drugs or food additives except in compliance with all directions for use stated on any tag…
- § 15073 The director may seize and hold any lot of commercial feed which he has reasonable cause to believe is in violation of the provisions of this chapter or the…
- § 15074 If the director seizes any lot of commercial feed, he shall immediately issue to the person that has control of such feed a hold order or notice. He may affix…
- § 15075 (a) Any lot of commercial feed for which a hold order or notice is issued shall be held by the person having control of the feed and shall not be disturbed or…
- § 15076 Any lot of commercial feed which is seized and held pursuant to this chapter, unless previously analyzed by the director, shall be sampled and promptly…
- § 15077 Upon demand of the person having control of the seized feed and within 10 days of sampling by the director, a subsample shall be returned from the state…
- § 15078 If the seized and held lot, as determined by the director’s analysis, is not in violation, the director shall immediately release the seized and held lot and…
- § 15079 If the seized and held lot is found to be in violation, the director shall either: (a) Continue to hold the lot until such time as the requirements of this…
- § 15080 The manufacturer or guarantor of a seized or held lot found to be in violation may appeal the result of analysis to the secretary in writing within 10 days of…
- § 15082 (a) It is unlawful for any person to manufacture or distribute in this state any commercial feed without complying with this chapter or any regulations adopted…
ARTICLE 13. Procedure for Prosecution §§ 15091–15092 · 2 sections
- § 15091 In addition to the remedies provided in this chapter, the department may bring an action in superior court and the court may grant a temporary or permanent…
- § 15092 Nothing in this chapter requires the secretary to report for prosecution or to institute injunction proceedings for any minor violation of this chapter…
ARTICLE 14. Complaints §§ 15101–15103 · 3 sections
- § 15101 For purposes of this chapter, any person may file a complaint with the branch regarding the safety of whole hays if he or she submits a written complaint and…
- § 15102 (a) Upon the filing of a complaint pursuant to Section 15101, the secretary shall conduct an investigation with regard to the safety of whole hays. (b) Absent…
- § 15103 (a) If the secretary determines that the complaint is valid and the hay is unsafe, the secretary may require the seller of the hay to reimburse the filing fee…
CHAPTER 7. Structural Pest Control §§ 15201–15206.6 · 10 sections
- § 15201 The Legislature hereby finds and declares that it is the joint responsibility of the Department of Food and Agriculture, the commissioner of each county under…
- § 15202 In addition to the enforcement authority granted to the director and commissioners by this code, a commissioner, when acting pursuant to Section 8616.4 of the…
- § 15203 The director may adopt regulations to carry out the provisions of this chapter. The director shall consult with the Structural Pest Control Board when…
- § 15204 (a) Each licensed Branch 2 and Branch 3 structural pest control operator qualifying manager, as defined in Section 8506.2 of the Business and Professions Code,…
- § 15204.5 (a) It is unlawful for any licensed Branch 1 Structural Pest Controller licensee, including structural pest control operators, field representatives,…
- § 15204.6 A commissioner may require full payment of any delinquent fees due to the county pursuant to Section 8698.1 of the Business and Professions Code as a condition…
- § 15205 (a) Each registered structural pest control company shall make all existing records pertaining to pesticide and device use available to the director, the…
- § 15206 If the director receives a notice pursuant to Section 8616.6 of the Business and Professions Code, he or she shall investigate the actions which caused the…
- § 15206.5 Regulations adopted pursuant to Section 11503 are not applicable to this chapter.
- § 15206.6 The director and the Structural Pest Control Board shall jointly develop and concur in the list of the types of violations that the commissioners shall refer…
CHAPTER 7.5. Structural Pest Control Devices §§ 15300–15340 · 26 sections
ARTICLE 1. Definitions § 15300 · 1 section
- § 15300 For the purposes of this chapter, the following definitions apply: (a) “Structural pest control device” or “device” means any method, instrument, or…
ARTICLE 2. General Provisions §§ 15301–15303 · 3 sections
- § 15301 (a) On and after July 1, 2001, it is unlawful for any person directly, or through another, to manufacture for sale, advertise, deliver or otherwise provide,…
- § 15302 The director shall regulate structural pest control devices.
- § 15303 The director may adopt, amend, repeal, and enforce regulations relating to the regulation of devices and the administration of this chapter. When adopting…
ARTICLE 3. Device Registration §§ 15305–15320 · 16 sections
- § 15305 (a) The director shall endeavor to prevent and eliminate from use in this state any device that meets any of the following criteria: (1) The device endangers…
- § 15306 The director shall not determine a device to be beneficial or efficacious if any of the following exists: (a) The ability of the device to control pests falls…
- § 15307 Every manufacturer of, importer of, vender of, or dealer in, any device, except a dealer or agent that sells a registered device, shall obtain a certificate of…
- § 15308 Each applicant for registration of a device, at a minimum, shall submit all of the following: (a) A completed application form prescribed by the director. (b)…
- § 15309 Within a timely manner after receipt of the information and fee specified in Section 15308, the director shall do one or more of the following: (a) Issue a…
- § 15310 If an applicant for registration of a device complies with this chapter and the regulations that are adopted pursuant to this chapter, the director shall…
- § 15311 If the director finds that registration must be denied due to noncompliance with this chapter or the regulations that are adopted pursuant to this chapter, the…
- § 15312 Each applicant for a certificate of device registration shall inform the director of every brand and trademark of a device that the applicant intends to…
- § 15313 The registrant of a device shall immediately notify the director of any proposed change to the device including, but not limited to, labeling composition,…
- § 15314 The director may issue a device research permit for the scientific evaluation of new devices for a limited period of time determined by the director.
- § 15315 (a) Pursuant to Sections 15305 and 15306, after providing notice to the device registrant or applicant of an opportunity to be heard, the director may cancel…
- § 15316 If, during the registration process, or at any time after the registration of a device, the applicant or registrant has factual or scientific information…
- § 15317 If the director has reason to believe that any of the conditions stated in Section 15315 are applicable to any registered device and that the use or continued…
- § 15318 The director may cancel a certificate of device registration, or refuse to issue a certificate of device registration to any manufacturer, importer, or dealer…
- § 15319 Action by the director pursuant to Section 15305, 15311, 15315, 15317, or 15318 is not a condition precedent to the institution of any action to prosecute or…
- § 15320 (a) A registrant at any time may request that the registration of any of its devices be voluntarily canceled. The request shall be in writing to the director…
ARTICLE 4. Labeling and Warranty §§ 15325–15327 · 3 sections
- § 15325 The registrant of a device shall furnish printed directions for use on the label or shall enclose the printed directions with the device. The device label…
- § 15326 (a) The registrant of a device may print limitations of warranty on the label with respect to the use of the device, as the registrant considers proper. (b)…
- § 15327 Except as otherwise provided in this chapter, the registrant is not liable for any injury or damage that is suffered solely by reason of any of the following:…
ARTICLE 5. Seizure § 15330 · 1 section
- § 15330 (a) If any device is determined to be manufactured for sale, advertised, delivered or otherwise provided, offered for sale or lease, sold, leased, possessed,…
ARTICLE 6. Device Usage § 15331 · 1 section
- § 15331 The use of any device shall not conflict with the label on the device as registered pursuant to this chapter.
ARTICLE 7. Violations § 15340 · 1 section
- § 15340 (a) Except as provided by subdivision (c), it is unlawful for any person directly, indirectly, or through another, to manufacture for sale, advertise, deliver…