SECTIONS 12991-12995 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 12991-12995

12991. It is unlawful for any person, individually or through
another, in connection with any substance or mixture of substances
included within the scope of this chapter, to do any of the
following:
(a) Make any material or substantial misrepresentation.
(b) Make any false promises of a character likely to influence,
induce, or deceive.
(c) Engage in illegitimate business or dishonest dealing.
(d) Cause to be published or distributed any false or misleading
literature, or cause to be displayed any false or misleading
advertisement.
(e) Use, store, transport, handle, or dispose of any pesticide, or
of any container that holds or has held a pesticide, except in
compliance with regulations of the director.
(f) Purchase for use in this state a pesticide that is labeled for
agricultural use except from a person licensed as a pest control
dealer pursuant to Section 12107. Persons using those products shall
retain receipts of the purchase of the products for four years and
make the receipts available for inspection upon request of the
director or the commissioner.

12992. It is unlawful for any person to sell any adulterated or
misbranded pesticide.
In any prosecution of any agent or dealer under this section it is
a complete defense to prove that the adulterated or misbranded
pesticide that is the basis of the prosecution was guaranteed by the
party from whom the agent or dealer purchased it to be not
adulterated or misbranded.

12993. It is unlawful for any person to manufacture, deliver, or
sell any pesticide or any substance or mixture of substances that is
represented to be a pesticide, or to retail any formula for a
pesticide in conjunction with the sale or gift of materials that are
represented to be the essential ingredients necessary to constitute a
pesticide, which is not registered pursuant to this chapter, or for
which the registration has been suspended or canceled, except as
provided in regulations adopted by the director or as provided in the
notice or order of suspension or cancellation. This section,
however, does not apply to any pesticide product of a registrant that
is manufactured solely for export outside this state, and which is
so exported.

12994. It is unlawful for any person to transport, destroy, or
dispose of any quarantined pesticide, unless the person has received
written permission from the director.

12995. Except as provided in regulations adopted by the director or
as provided in the notice or order of suspension or cancellation, it
is unlawful for any person, by himself or herself or through
another, to possess or use any pesticide that is not registered
pursuant to this chapter, or for which registration has been
suspended.