SECTIONS 11401-11472.1 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 11401-11472.1

11401. Unless the context otherwise requires, the definitions in
this chapter govern the construction of this division.

11402. "License" means pest control business license, agricultural
pest control adviser's license, or pest control dealer's license.

11403. "Pest control" means the use or application of any
pesticide. It also means the use of any substance, method, or device
to do any of the following:
(a) Control pests.
(b) Prevent, destroy, repel, mitigate, or correct any pest
infestation or disorder of plants.
(c) Inhibit, regulate, stimulate, or otherwise alter plant growth
by direct application to plants.

11404. "Pesticide" is defined in Section 12753.

11405. "Registrant" means any person that registers pursuant to
Section 11732 or 12031.

11407. "Pest control dealer" means any person, including any
manufacturer, distributor, or retailer who engages in any of the
following business activities:
(a) Selling pesticides to users for an agricultural use.
(b) Selling to users any method or device for the control of
agricultural pests, such as biological agents, lures, or
insect-trapping devices.
(c) Soliciting sales of pesticides by making agricultural use
recommendations through field representatives, or other agents.
(d) Selling to a user a pesticide classified pursuant to Section
14004.5 as a restricted material that requires either a permit for
possession and use or which may be used only by or under the direct
supervision of a certified applicator.

11407.5. "Pest control dealer" does not include either of the
following:
(a) Any person licensed pursuant to Section 11701 to engage for
hire in the business of agricultural pest control, as to pesticides
recommended or sold by the licensee and applied by the licensee
pursuant to the conditions of the license.
(b) Any person licensed to engage in any activity that is defined
as structural pest control pursuant to Chapter 14 (commencing with
Section 8500) of Division 3 of the Business and Professions Code, as
to pesticides recommended or sold by the licensee and applied by the
licensee pursuant to the conditions of the license.

11408. "Agricultural use" means the use of any pesticide or method
or device for the control of plant or animal pests, or any other
pests, or the use of any pesticide for the regulation of plant growth
or defoliation of plants. It excludes the sale or use of pesticides
in properly labeled packages or containers that are intended for any
of the following:
(a) Home use.
(b) Use in structural pest control.
(c) Industrial or institutional use.
(d) The control of an animal pest under the written prescription
of a veterinarian.
(e) Local districts or other public agencies that have entered
into and operate under a cooperative agreement with the State
Department of Health Services pursuant to Section 116180 of the
Health and Safety Code, provided that any exemption under this
subdivision is subject to the approval of the director as being
required to carry out the purposes of this division.

11410. "Agricultural pest control adviser" means any person who
offers a recommendation on any agricultural use, who holds himself or
herself forth as an authority on any agricultural use, or who
solicits services or sales for any agricultural use.

11411. "Recommendation" means the giving of any instruction or
advice on any agricultural use as to any particular application on
any particular piece of property. "Recommendation" does not include
any summary that does not specify the use to be made for any
designated pest, provided that such summary is not in conflict with
any registered pesticide label or with the supplementary printed
direction delivered therewith or with any rule or regulation of the
director.

11451.5. The Department of Pesticide Regulation shall have
jurisdiction over the Structural Pest Control Board as established
under the Structural Pest Control Act (Chapter 14 (commencing with
Section 8500) of Division 3 of the Business and Professions Code).

11454.2. (a) The Department of Pesticide Regulation shall consult
with the Department of Food and Agriculture in any action relating to
special local need registrations pursuant to Section 136v of Title 7
of the United States Code, emergency exemptions from registration
pursuant to Section 136p of Title 7 of the United States Code, denial
of new active ingredient registrations, suspension or cancellation
of pesticide registrations or uses, or other measures adopted to
mitigate unacceptable adverse pesticidal effects.
(b) Consultation pursuant to subdivision (a) shall be as specified
in a memorandum of understanding between the Department of Food and
Agriculture and the Department of Pesticide Regulation. Information
to be provided by the Department of Food and Agriculture shall
include, but not be limited to, (1) impacts on agriculture resulting
from the proposed action, (2) benefits derived from the use of the
pesticide, and (3) any recommended alternative action.
(c) Except for a suspension taken pursuant to Section 12826, the
Department of Pesticide Regulation shall request in writing comments
from the Department of Food and Agriculture regarding any proposed
final decision to deny a new active ingredient registration or to
suspend or cancel a pesticide registration. The Department of
Pesticide Regulation shall specify in its request the period within
which the Department of Food and Agriculture shall submit its
comments in order for the Department of Pesticide Regulation to
consider and to respond to them in the final written decision.

11472. The director shall keep a separate record of the classes and
sources of income that is credited to, and disbursed from, the
Department of Pesticide Regulation Fund.

11472.1. On or before October 31 of each year, the department shall
publish a financial report regarding the preceding fiscal year and
shall make this report available to the public. The report shall
describe in detail the amount and source of funding for the major
programmatic functions of the department and other relevant
information that may aid in evaluating the scope and impact of the
activities of the department.