SECTIONS 12971-12979 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 12971-12979

12971. No recommendation shall be in conflict with the registered
labeling for the product being recommended.

12972. The use of any pesticide by any person shall be in such a
manner as to prevent substantial drift to nontarget areas.

12973. The use of any pesticide shall not conflict with labeling
registered pursuant to this chapter which is delivered with the
pesticide or with any additional limitations applicable to the
conditions of any permit issued by the director or commissioner.

12974. Failure of a person using a pesticide to possess a written
recommendation shall create a rebuttable presumption that he or she
has assumed responsibility for the recommendation.

12975. A person making a written recommendation does not incur an
obligation to insure that the actual use follows his or her
recommendation.

12976. The director may adopt regulations to govern the possession,
sale, or use of any pesticide which the director finds necessary to
carry out the purposes of Division 6 (commencing with Section 11401)
or this division.

12977. The director, and the commissioner of each county under the
direction and supervision of the director, shall enforce the
provisions of this article and the regulations adopted pursuant to
it.

12978. Pesticide applications on public property which take place
on school grounds, parks, or other public rights-of-way where public
exposure is foreseeable shall be posted with warning signs. The signs
shall be in English and Spanish and shall contain a warning that the
area has been treated with a pesticide and that individuals are not
to enter the area.
(a) This section shall apply to all pesticide applications which
have worker reentry intervals of at least 24 hours.
(b) Posting shall be accomplished immediately prior to pesticide
applications, and the signs shall be removed within 24 hours after
the expiration of the reentry interval.
(c) Signs shall be posted at regular intervals and at all regular
points of public entry.
(d) The agency with responsibility for the property where the
pesticide application is to take place shall post the warnings
required by this section.
(e) The responsible agency may substitute a barrier for the
warning signs to exclude public exposure to a treated area.
(f) This section does not apply to pesticide applications by the
Department of Transportation on public highway rights-of-way.

12979. A pesticide use report shall be submitted to the
commissioner or director on a form and in a manner prescribed by the
director. The data from the pesticide use reports shall be considered
in setting priorities for food monitoring, pesticide use
enforcement, farm worker safety programs, environmental monitoring,
pest control research, public health monitoring and research, and
similar activities by the department, or by the department in
cooperation with other state, regional, or local agencies with
appropriate authority.