SECTIONS 12021-12024 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 12021-12024

12021. An application for an agricultural pest control adviser
license shall be in the form prescribed by the director. Each
application shall state the name and address of the applicant
specified on the application and any other information required by
the director. The application shall be accompanied by a fee as
prescribed by the director pursuant to Section 11502.5 to be paid
into the State Treasury to the credit of the Department of Pesticide
Regulation Fund. All licenses issued under this article shall expire
on December 31 of the year for which they are issued. Licenses may be
renewed annually by the date of expiration through application in
the form prescribed by the director and upon payment of a fee as
prescribed by the director pursuant to Section 11502.5. A penalty as
prescribed by the director pursuant to Section 11502.5 shall be
assessed against any applicant who applies for a renewal of the
license after the expiration date.

12022. Applicants for licensing shall elect to be examined for
certification in one or more of the following categories:
(a) Control of insects, mites, and other invertebrates.
(b) Control of plant pathogens.
(c) Control of nematodes.
(d) Control of vertebrate pests.
(e) Control of weeds.
(f) Defoliation.
(g) Plant growth regulation.
The examination shall be prepared and administered by the
director.

12023. An agricultural pest control adviser license may be refused
or may be revoked or suspended by the director as necessary to carry
out the purposes of this division. Cause for refusal, revocation, or
suspension shall include, but shall not be limited to the following:
(a) Failure to put a recommendation in writing.
(b) The making of false or fraudulent statements in any written
recommendation.
(c) Failure or refusal to comply with any provision of this
chapter, or any other regulation adopted by the agricultural
commissioner.
(d) Failure or refusal to comply with any provisions of this
division or of Division 7 (commencing with Section 12501) relating to
pesticides or regulation of the department adopted pursuant to such
provisions.
(e) Failure to qualify by examination in at least one of the
categories in Section 12022.
(f) Unprofessional conduct, as defined in Section 12023.5.

12023.5. In addition to any other provision of this code,
unprofessional conduct shall constitute a basis for refusal,
revocation, or suspension of an agricultural pest control license.
"Unprofessional conduct" means either of the following:
(a) Repeated acts of recommending the clearly excessive use of a
pesticide or any method or device for the control of plant, animal,
or other pests.
(b) Repeated acts of recommending the use of an ineffective
pesticide or any ineffective method or device for the control of
plant, animal, or any other pests.

12024. The director by regulation shall establish the minimum
requirement for pest control adviser by education, experience, and
examination to carry out the purposes of this division.