SECTIONS 12801-12804 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 12801-12804

12801. This chapter does not apply to any preparation, drug, or
chemical which is intended to be used or sold solely for medicinal or
cosmetic use by humans or to commercial feed as defined in Section
14925.

12802. A person may mix or dilute any registered pesticide in
accordance with its registered labeling for his or her own use or for
use in his or her own business without having become a registrant
pursuant to this chapter.

12803. The director, by regulation, may exempt from all or part of
the requirements of this division a pesticide exempted pursuant to
Section 25(b) of the federal Insecticide, Fungicide, and Rodenticide
Act (7 U.S.C. Sec. 136w (b)) as a pesticide that is determined to be
of a character unnecessary to be subject to that act, if both of the
following apply:
(a) The director individually evaluates each listed substance
exempted pursuant to the federal authority and concurs in the
decision by the United States Environmental Protection Agency
Administrator to exempt that substance.
(b) The director excludes from the exempting regulation those
specific requirements of this division that may otherwise be
applicable that are necessary to protect the public health or the
environment. Notwithstanding any other provision of law, the director
shall retain authority to regulate any substance exempted pursuant
to this section whether registered or not.

12804. (a) The director, by regulation, may exempt from all or part
of the requirements of this division a liquid chemical sterilant
product for use on a critical or semi-critical medical device that is
exempt from the federal Insecticide, Fungicide, and Rodenticide Act
(7 U.S.C. Sec. 136 et seq.) pursuant to subdivision (u) of Section 2
of that act (7 U.S.C. Sec. 136 (u)), and that has obtained clearance
from the federal Food and Drug Administration under subdivision (k)
of Section 510 of the federal Food, Drug, and Cosmetic Act (21 U.S.C.
Sec. 306 (k)) if both of the following apply:
(1) The product does not include ethylene oxide as an active
ingredient.
(2) The director excludes from the exempting regulation
requirements to report pesticide-related illnesses, to collect
information and data concerning pesticide-related illnesses, and to
transmit that information and data to the appropriate agency or
entity for inspection or followup, and other specific requirements of
this division that may otherwise be applicable and that are
necessary to protect the public health or the environment.
Notwithstanding any other provision of law, the director shall retain
the authority to regulate any substance exempted pursuant to this
section whether registered or not.
(b) On or before July 1, 1998, the director may adopt the
regulations authorized under subdivision (a) as emergency
regulations. In adopting those regulations as emergency regulations,
the director is not required to make the finding required by
subdivision (b) of Section 11346.1 of the Government Code.