SECTIONS 12101-12116 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 12101-12116

12101. No person shall act in the capacity of a pest control dealer
or shall engage or offer to engage in the business of, advertise as,
or assume to act as a pest control dealer unless he or she is
licensed as a pest control dealer pursuant to this chapter.

12101.5. Each pest control dealer required to be licensed pursuant
to Section 12101 shall have and maintain, at the principal office,
and at each branch location, a designated agent qualified to actively
supervise all operations conducted at that location. The designated
agent shall be a person who holds a pest control dealer designated
agent license, an agricultural pest control adviser license, a pest
control aircraft pilot certificate, or a qualified applicator license
issued pursuant to Chapter 8 (commencing with Section 12201).

12102. The provisions of Section 12101 shall not apply to any
federal, state, or county agency which provides pesticide materials
for agricultural use.

12103. An application for a license shall be in the form prescribed
by the director. Each application shall state the name and address
of the applicant specified 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.
To the amount of the license fee shall be added an additional fee,
in an amount prescribed by the director pursuant to Section 11502.5,
for each branch salesyard, store, or sales location that is owned
and operated by the applicant in this state or in other states when
doing business from that out-of-state location regarding pesticides
to be sold or delivered into or within this state.

12104. The license for a pest control dealer may be renewed
annually upon application in the form prescribed by the director,
accompanied by a fee as prescribed by the director pursuant to
Section 11502.5, for each license and for each branch salesyard,
store, or sales location that does business in the state, or that
does business in this state from an out-of-state location as
specified in Section 12103, by the date of expiration. These fees
shall be paid into the State Treasury to the credit of the Department
of Pesticide Regulation Fund.

12105. A penalty as prescribed by the director pursuant to Section
11502.5 shall be added to any fee that is not paid by the date of
expiration.

12106. Each applicant shall satisfy the director as to his or her
knowledge of the laws and regulations governing the use and sale of
pesticides, and his or her responsibility in carrying on the business
of a pest control dealer.

12107. The director shall issue to each applicant that satisfies
the requirements of this article a license which entitles the
applicant to conduct the business described in the application for
the calendar year for which the license is issued, unless the license
is sooner revoked or suspended.

12108. Every licensed pest control dealer who changes his or her
address or place of business shall immediately notify the director.

12110. Each dealer shall be responsible for the acts of each person
employed by him in the solicitation and sale of pesticides and all
claims and recommendations for use of pesticides. The dealer's
license shall be subject to disciplinary action for any violation of
this chapter whether committed by the dealer, or by any officer,
agent or employee.

12111. The director may adopt such rules and regulations as are
reasonably necessary to effectuate the purposes of this chapter.

12113. The director may, after a hearing, refuse, revoke, or
suspend a pest control dealer license for violation of the provisions
of this division or Division 7 (commencing with Section 12501)
relating to pesticides or the rules and regulations adopted pursuant
to those provisions. The hearing shall be conducted in accordance
with Chapter 5 (commencing with Section 11500) of Part 1 of Division
3 of Title 2 of the Government Code.

12114. (a) Each licensed pest control dealer, and each person who
is required to be licensed as a pest control dealer pursuant to
Section 12101, shall maintain at his or her principal place of
business the records of its purchases, sales, and distributions of
pesticides into or within this state, including those of its branch
locations, for four years. Each dealer shall also maintain the
pesticide broker license number of any pesticide broker from whom the
dealer purchased pesticides registered by the director and labeled
for agricultural use. The records shall be available for audit by the
director.
(b) Each licensed pest control dealer, and each person who is
required to be licensed as a pest control dealer pursuant to Section
12101, shall report quarterly to the director the total dollars of
sales and total pounds or gallons sold into or within this state of
each pesticide labeled for agricultural use, for all sales subject to
Sections 12841 and 12841.1. The quarterly report shall be in the
form prescribed by the director and shall include information from
the dealer's licensed branch locations, if any, and any other
information specified on the form or required by the director. The
report shall include a certification, under penalty of perjury, that
the information contained in the report is true and correct. The
report shall accompany payment of assessments required by Sections
12841 and 12841.1.

12115. Any licensed pest control dealer, or any person who is
required to be licensed as a pest control dealer pursuant to Section
12101, who purchases pesticide products that are registered by the
director pursuant to Chapter 2 (commencing with Section 12751) of
Division 7 and labeled for agricultural use from a person other than
a registrant or a licensed pest control dealer, shall report in
writing the name, address, telephone number, and pesticide broker
license number issued by the director, if any, of those persons to
the director annually, by December 1 each year.

12116. It is unlawful for a licensed pest control dealer to
purchase for sale in this state a pesticide that is labeled for
agricultural use except from a registrant, a pest control dealer
licensed pursuant to Section 12107, or a pesticide broker licensed
pursuant to Section 12402.