SECTIONS 13161-13170 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 13161-13170

13161. For the purposes of this article, the following definitions
apply:
(a) "Feasible alternative" means other chemical or nonchemical
procedures that can reasonably accomplish the same pest control
function as existing procedures with comparable effectiveness and
reliability, taking into account economic, environmental,
sociological, technological, and ecological factors, including impact
on beneficial and other nontarget organisms, pest resistance to
pesticides, and timeliness of control.
(b) "Pest management system" means a systematic approach to pest
control that stresses the application of biological and cultural pest
control techniques with the selective use of pesticides when
necessary to achieve acceptable levels of control with the least
possible harm to nontarget organisms and the environment as described
in subdivision (f) of Section 11501.

13162. The director may issue a certificate of interim registration
allowing the sale and use of a pesticide that otherwise meets the
requirements of this chapter if all of the following conditions are
met:
(a) The certificate stipulates which of the California data
requirements listed in Section 13163 are being deferred for
completion during the time of interim registration.
(b) The certificate stipulates a period of time, not to exceed
three years, for each deferral determined by the director as
reasonably sufficient for the generation, submission, and review of
the data.
(c) The certificate stipulates any limitations on the use of the
pesticide that the director may deem appropriate pursuant to Section
13166 or on the sale of the pesticide.

13163. In granting a certificate of interim registration, the
director may defer no more than three of the following registration
data requirements:
(a) Efficacy studies pursuant to Section 12824.
(b) KOW (octanol water partition coefficient) pursuant to
paragraph (3) of subdivision (a) of Section 13143.
(c) Soil photolysis pursuant to paragraph (6) of subdivision (a)
of Section 13143.
(d) A field dissipation study pursuant to paragraph (6) of
subdivision (a) of Section 13143.
(e) A study pursuant to subdivision (a) of Section 13143 that will
be redone to correct errors or a study conducted under California
conditions or guidelines, if the weight of evidence from all other
submitted data support a scientific judgment in favor of interim
registration.

13164. Consistent with the limitations of Section 13163, a
registrant or a user group of any pesticide registered by the United
States Environmental Protection Agency may apply for a California
certificate of interim registration if the applicant does all of the
following:
(a) The applicant provides information that the product would fill
a need and significantly enhance a systems approach to pest
management during the period the applicant completes requirements for
a full California registration. Additionally, the information
supporting an interim registration shall be based upon one or more of
the following conclusions that the product will:
(1) Reduce risks to the public health, the pesticide workplace, or
the environment by reducing the overall use of chemical controls
within a pest management system.
(2) Reduce risks to the public health, the pesticide workplace, or
the environment by providing a more benign alternative to an
existing use pattern.
(3) Reduce risks of pest resistance problems such as loss of
economic efficacy and increased amounts or frequency of chemical
applications by providing better integrated management of a pest or
pest complex.
(4) Reduce a substantial economic hardship to a segment of
California's agricultural industry due to a pest infestation for
which there is no other feasible alternative.
(b) The applicant provides the director with all data that is
required to support the federal and California registrations of the
pesticide product, except the data which may be deferred pursuant to
Section 13163, and any other available data that the director may
deem appropriate.
(c) The applicant makes a commitment to generate all data required
in California for a full certificate of registration within a
reasonable period of time to be determined by the director and
reflected in the certificate of interim registration. The written
commitment shall identify the developing party or parties for each
deferred data requirement within 90 days of the issuance of the
certificate of interim registration and identify a schedule of
quarterly progress reports that will be submitted.

13165. Notwithstanding Section 13163, the director shall not grant
a certificate of interim registration unless he or she consults with
the Pesticide Registration and Evaluation Committee on the proposed
interim registration, and makes a written finding, after
consultation, declaring all of the following:
(a) That the pesticide is needed and will be a significant
component of a pest management system as demonstrated by the
applicant pursuant to subdivision (a) of Section 13164.
(b) That the interim use of the pesticide, in conformance with the
limitations established by the director pursuant to Section 13166,
is not expected to cause any significant adverse effect on the public
health, the safety of the pesticide workplace, or the environment,
including a finding that the pesticide does not threaten to pollute
the groundwater of the state.
(c) That the weight of evidence supports a scientific judgment in
favor of interim registration.

13166. The director shall limit the use of any pesticide granted a
certificate of interim registration to specific uses within a pest
management system meeting the requirements of subdivision (a) of
Section 13164. The director may place additional restrictions on the
use of any pesticide granted a certificate of interim registration,
including, but not limited to, requiring a restricted material permit
or the written recommendation of a specially trained pest control
advisor or specially trained certified private applicator, or
limiting the quantity, area, and manner of application.

13167. The director shall revoke or refuse to renew a certificate
of interim registration at any time that he or she finds that the
interim registration no longer meets all the requirements of this
article, including the registrant's failure to submit a progress
report for any deferred study, a failure to show in the report that a
good faith effort to complete an acceptable study is making
satisfactory progress, or the period of time from the issuance of the
certificate has exceeded the three year limit set forth in Section
13162. The director shall provide the registrant with the basis for
the decision in writing.

13168. The director may adopt regulations to carry out this
article.

13169. To the extent that this article conflicts with other
provisions in Article 15 of this chapter, this article shall prevail.
Unless otherwise specified in this article, a certificate of interim
registration shall be subject to all other provisions governing
certificates of registration in Division 6 (commencing with Section
11401) and this division.

13170. The department shall impose a fee in an amount sufficient to
cover the department's costs of reviewing and processing the
application on any person who applies for a certificate of interim
registration pursuant to this article. Fee revenue shall be deposited
in the Department of Pesticide Regulation Fund and shall be
available, upon appropriation by the Legislature, to offset the
department's costs to process and review these applications.