SECTIONS 13190-13192 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 13190-13192

13190. (a) "Clopyralid" means 3,6-dichloro-2-pyridinecarboxylic
acid.
(b) "Compost" means the product resulting from the controlled
biological decomposition of organic wastes that are source separated
from the municipal solid waste stream, or that are separated at a
centralized facility.
(c) "Department" means the Department of Pesticide Regulation.
(d) "Herbicide" means a pesticide, as defined in Section 12753,
that is intended to kill weeds.
(e) "Lawn and turf use" means a residential or nonresidential use
of an herbicide on lawn and turf, including, but not limited to, lawn
and turf located at schools, parks, office buildings and golf
courses. Lawn and turf use does not include use of an herbicide on
lawn and turf located in turf farms, uncultivated open space,
agricultural rangeland or cultivated farmland.
(f) "Persistent residues in compost" means residues of an
herbicide in compost at levels and in a form with the potential to be
toxic or injurious to plants.
(g) "Plants" means desirable vegetation, except weeds.
(h) "Weed" means any plant that grows where not wanted, as defined
in Section 12759.

13191. (a) No person, except a pest control dealer licensed
pursuant to Chapter 7 (commencing with Section 12101) of Division 6
of the Food and Agricultural Code, may sell a pesticide that contains
the active ingredient clopyralid.
(b) Pesticides containing the active ingredient clopyralid that
are labeled for use on lawns and turf, including golf courses, may
only be sold to qualified applicators licensed pursuant to Chapter 8
(commencing with Section 12201) of Division 6 of the Food and
Agricultural Code or issued a certificate pursuant to Chapter 3
(commencing with Section 14151) of Division 7 of the Food and
Agricultural Code.

13192. Not later than April 1, 2003, the department shall, pursuant
to Sections 12824 and 12825, do both of the following:
(a) Determine in writing those lawn and turf uses of the herbicide
clopyralid for which there is no reasonable likelihood that the
specified use will result in persistent residues in compost.
(b) Take either of the following actions:
(1) Impose appropriate restrictions on the lawn and turf uses of
the herbicide clopyralid that are not identified in the determination
made pursuant to subdivision (a).
(2) Cancel any lawn and turf use that the department determines is
likely to result in persistent residues in compost.