SECTIONS 12400-12408 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 12400-12408

12400. It is unlawful for any person, other than the registrant or
pest control dealer licensed pursuant to Section 12107, to sell,
offer to sell, or distribute into this state, or bring into the state
for sale, any pesticide products that have been registered by the
director unless the person is licensed by the director as a pesticide
broker.

12401. An application for a pesticide broker license, or renewal of
a license, shall be in the form prescribed by the director. Each
application for a license, or license renewal, shall state the name
and address of the applicant, and any other information specified on
the application or required by the director.

12402. The director shall issue to each applicant that satisfies
the requirements of this chapter a pesticide broker license that
shall be valid for one year from the date of issuance, unless the
license is revoked or suspended in the interim.

12403. All licenses issued pursuant to this chapter may be renewed
annually upon application to the director.

12405. Each licensed pesticide broker that changes the address of
its place of business, or that of a branch location, shall
immediately provide the director written notification of the change.

12406. (a) Each licensed pesticide broker, or person who is
required to be licensed as a pesticide broker pursuant to Section
12400, shall maintain at its principal place of business the records
of its purchases subject to mill assessments, sales, and
distributions of pesticides into or within this state, including
those of its branch locations, for four years. These records shall
include copies of invoices showing payment of the mill assessment.
The records shall be available for audit by the director.
(b) Each licensed pesticide broker, or person who is required to
be licensed as a pesticide broker pursuant to Section 12400, 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
sold and 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 broker'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.
(c) Pesticide retailers shall maintain records that show the names
and contact information of their suppliers of pesticide in the
current year. These records shall be available for audit by the
director.

12407. It is unlawful for any person required to be licensed as a
pesticide broker pursuant to this chapter to make any false or
fraudulent statements or misrepresent or fail to disclose any
material fact in making application for a license or renewal of a
license or in any reports submitted to the director, or to make any
false or misleading statements concerning any products specified in
Section 12847 that the person sells or distributes.

12408. The director, after a hearing, may refuse, revoke, or
suspend a pesticide broker license for any violation of this division
or Division 7 (commencing with Section 12500) or any regulations
adopted pursuant to this division.