SECTIONS 11731-11741 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 11731-11741

11731. "Commissioner," as used in this article, includes the
director in any county in which there is no commissioner.

11732. It is unlawful for any person to advertise, solicit, or
operate as a pest control business in any county unless the person
has registered with the commissioner for the current calendar year.
The registration shall be in the form prescribed by the
commissioner and shall show all of the following information:
(a) Name and address of the registrant.
(b) Number and kind of units to be operated in the county.
(c) Type of pests that are intended to be controlled.
(d) Any other information as the commissioner may require.

11733. The registrant shall keep and maintain a record of each
property treated that shows all the information required by the
director or commissioner.
The registrant shall report the information to the commissioner or
the director when and in the form as required.

11734. The board of supervisors of any county may establish
reasonable fees for the registration required under Section 11732.
Payment of the fee shall be due by the date designated by the
commissioner. However, registration fees for pest control businesses
licensed pursuant to Section 11704 shall be that amount necessary to
cover the costs of registration, but shall not exceed twenty-five
dollars ($25) per year.

11735. A pest control operator registration may be refused,
revoked, or suspended by the commissioner, if the commissioner makes
any of the following findings:
(a) That the equipment of the registrant or applicant is
unsuitable.
(b) That the operators employed by him are incompetent or
unqualified.
(c) That the registrant or the applicant has not complied with any
provision of this division or of Division 7 (commencing with Section
12501) pertaining to pesticides, or with regulations adopted
pursuant to the provisions, or with any lawful order of the
commissioner.

11737. The commissioner or director may order any person or the
agent or employee of any licensee or registrant or person, to cease
operation of any equipment or facility which he finds unsuitable, or
which he finds being operated in any of the following ways:
(a) By an incompetent or unqualified person.
(b) In violation of this division or Division 7 (commencing with
Section 12501) relating to pesticides or any regulation issued
thereunder or any regulation of the commissioner.
(c) In a manner or under conditions which may interfere with
proper control of the pest for which treatment is applied.
(d) In a manner or under conditions which may cause injury,
illness, or adverse effects to persons or animals, or cause damage to
crops or property being treated, or to crops or property of others.

11737.5. It is unlawful for any person to violate any order of a
commissioner or the director made pursuant to Section 11737. The
commissioner or director may bring an action to enjoin the violation
or the threatened violation of any order made pursuant to Section
11737 in the superior court in the county in which the order was
issued or the violation has occurred or is threatened, and the court
may enjoin such violation or threatened violation upon such showing
and without further evidence of irreparable injury. The court may
compel specific performance of any acts or course of conduct
necessary to protect persons, animals, crops, or property.

11738. The regulations of the commissioner may provide for the
qualification, by examination or otherwise of the following persons:
(a) Registrants.
(b) Persons in charge of the pest control operations of
registrants within the county.
(c) Persons employed by registrants to operate pest control
equipment, other than aircraft, within the county.

11739. The regulations of the commissioner may provide that it is a
ground for cancellation of registration to operate pest control
equipment within the county unless either:
(a) A person qualified pursuant to Section 11738 is in charge of
the operations.
(b) Each unit which is operated within the county is under
personal direction of a person qualified pursuant to Section 11738.

11740. Any certificate of qualification which is issued pursuant to
Section 11738 may be revoked or suspended, or its issuance or
renewal refused, if the commissioner finds that the applicant or
holder of the certificate is incompetent or has violated any
provision of this division, or any regulation which is issued
pursuant to it, or has not complied with any lawful order of the
commissioner.

11741. Any person whose certificate has been revoked, suspended, or
refused may appeal to the director within 10 days for a hearing.