SECTIONS 14001-14015 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 14001-14015

14001. The director shall control and otherwise regulate the use of
restricted materials found to meet the criteria of Section 14004.5.

14002. This chapter applies to all agencies of the United States
and the State of California and its subdivisions or to their
officers, agents, or employees. Nothing in this section affects the
liability of a public entity under Section 862 of the Government
Code.

14003. This article does not relieve any person from liability for
any damage to the person or property of another person which is
caused by the use of any restricted material.

14004. The director, and the commissioner of each county under the
direction and supervision of the director, shall enforce this chapter
and the regulations issued pursuant to it.

14004.5. The director shall, by regulation, designate and establish
as necessary to carry out the purposes of this division, a list of
restricted materials based upon, but not limited to, any of the
following criteria:
(a) Danger of impairment of public health.
(b) Hazards to applicators and farmworkers.
(c) Hazards to domestic animals, including honeybees, or to crops
from direct application or drift.
(d) Hazard to the environment from drift onto streams, lakes, and
wildlife sanctuaries.
(e) Hazards related to persistent residues in the soil resulting
ultimately in contamination of the air, waterways, estuaries or
lakes, with consequent damage to fish, wild birds, and other
wildlife.
(f) Hazards to subsequent crops through persistent soil residues.

14005. Except as provided in subdivision (d) of Section 14006.6,
the director shall adopt regulations which govern the possession and
use of any restricted material which he or she finds and determines
is injurious to the environment or to any person, animal, crop, or
other property.

14006. The regulations shall prescribe the time when, and the
conditions under which, a restricted material may be used or
possessed in different areas of the state, and may prohibit its use
or possession in those areas. This usage shall be limited to those
situations in which it is reasonably certain that no injury will
result, or no nonrestricted material or procedure is equally
effective and practical. They may provide that a restricted material
shall be used only under permit of the commissioner or under the
direct supervision of the commissioner, subject to any of the
following limitations:
(a) In certain areas.
(b) Under certain conditions relating to safety.
(c) When used in excess of certain quantities or concentrations.
(d) When used in certain mixtures.
(e) In compliance with the industrial safety orders of the
Department of Industrial Relations and any order of the director or
commissioner.
(f) On agreement by the owner or person in possession of the
property to be treated to comply with certain conditions.
(g) Any other limitation the director determines to be necessary
to effectuate the purposes of this chapter.
This section shall become operative on January 1, 1991.

14006.5. Except as provided in Section 14006.6, no person shall use
or possess any pesticide designated as a restricted material for any
agricultural use except under a written permit of the commissioner.
No permit shall be issued for any restricted material for use in any
manner other than pursuant to its registration without the approval
of the director. In addition, no permit shall be granted if the
commissioner determines that the provisions of subdivision (a), (b),
or (c) of Section 12825 would be applicable to the proposed use.
Before issuing a permit for any pesticide the commissioner shall
consider local conditions including, but not limited to, the
following:
(a) Use in vicinity of schools, dwellings, hospitals, recreational
areas, and livestock enclosures.
(b) Problems related to heterogeneous planting of crops.
(c) Applications of materials known to create severe resurgence or
secondary pest problems without compensating control of pest
species.
(d) Meteorological conditions for use.
(e) Timing of applications in relation to bee activity.
(f) Provisions for proper storage of pesticides and disposal of
containers.
Each permit issued for any pesticide shall include conditions for
use in writing.

14006.6. (a) A permit shall not be required for the agricultural
use of any pesticide not designated as a restricted material unless
the commissioner determines that its use will present an undue hazard
when used under local conditions.
(b) Permits for the use of pesticides shall not be required of
persons found to be qualified by the director who are engaged in
experimentation or research on the use of pesticides, where no charge
is made to the person in charge of the property treated.
(c) A permit shall not be required for the possession of
pesticides by a registrant, as defined in Section 12755, or by a
licensed pest control dealer when operating pursuant to the
registration or the license; by commercial warehouses storing
pesticides; or for the possession and use of these materials when
specifically exempted by regulation of the director in cases in which
the mitigation measures provided by the permit system are not
necessary to avoid injury to the environment or to any person,
animal, crop, or property.
(d) Permits for the use of pesticides shall not be required of
persons operating pursuant to a license issued under Chapter 14
(commencing with Section 8500) of Division 3 of the Business and
Professions Code.

14006.7. The director shall designate, by regulation, a list of
"exempt materials" for which the director finds additional
restrictions, other than registration and labeling requirements, are
not necessary to carry out the purposes of this chapter. The exempt
materials may be used without a permit if the use conforms with the
registered label or printed instructions.

14007. (a) Every permit that is issued under the regulations
adopted pursuant to this chapter is conditioned upon compliance with
this code and regulations adopted pursuant thereto and upon other
specified conditions that may be required to accomplish the purposes
of this chapter.
(b) Any permit may be issued for a one-year period. Permits issued
for perennial agricultural plantings, nonproduction agricultural
sites, or nonagricultural sites may be issued for up to a three-year
period.
(c) The permittee or a designated agent shall report immediately
any change in the information submitted or pertinent to the issuance
of a valid permit to the appropriate commissioner.

14008. Any permit may be refused, revoked, or suspended for
violation of any of the conditions of the permit, or of a previous
permit, or for violation of any provision of this division or of the
regulations that are issued pursuant to it, or for the failure to pay
a civil penalty or comply with any lawful order of the commissioner,
once that order is final.

14009. (a) Any interested person may request the commissioner to
review his or her action in issuing, refusing, revoking, suspending,
or conditioning a permit to use or possess a restricted material. The
commissioner shall review the request and issue a written decision
in response to the request to review within 10 days of receipt of the
request, or as soon as practicable. The commissioner may affirm,
modify, or cancel the permit action reviewed. A directly affected
person may thereafter appeal to the director to review the
commissioner's action.
(b) The commissioner and director shall conduct each review in an
expeditious manner so that needed pest control measures are not
adversely affected.
(c) Each request for review shall be submitted in writing to the
commissioner by the person requesting the review and shall include
all of the following:
(1) The location of persons, property, or areas that would be
affected and the location of property to be treated.
(2) The name of the restricted material involved.
(3) The name and address of the person in charge of the property
to be treated, if different from the person filing the request for
review.
(4) Any other information that the person filing the request for
review or the commissioner determines to be relevant.
(d) In an appeal of a commissioner's action to the director, the
issues are limited to any of the following:
(1) Whether the proposed permit use is consistent with applicable
pesticide label restrictions and applicable regulations.
(2) Whether the commissioner properly considered the provisions of
Section 14006.5.
(3) Whether the commissioner abused his or her discretion in
issuing, refusing, revoking, or conditioning the permit.
(e) The director shall act on these appeals within 10 days of
receipt thereof or as soon thereafter as is practicable. The director
may stay the operation of a permit until his or her review is
complete.
(f) (1) Prior to conducting a public review, the director shall
notify directly affected persons at least 72 hours in advance of the
location and time of the public review.
(2) Before acting on an appeal, the director shall, in a specified
location open to the public, review the information provided to him
or her as specified in this section if requested to do so in writing
by any interested person.
(3) The director may request additional testimony or other
evidence specified in this section at the public review from
interested persons.
(g) Judicial review of any decision by the director pursuant to
this section shall be pursuant to Section 1094.5 of the Code of Civil
Procedure. Review shall be limited to whether the proposed permit
use is consistent with applicable pesticide label restrictions and
regulations and whether the director abused his or her discretion.

14010. It is unlawful for any person to sell or deliver any
restricted material to any person that is required by regulations
adopted by the director to have a permit to possess or use the
restricted material unless the permittee, or the permittee's agent to
whom delivery is made, provides to the seller or the person
delivering the restricted material a copy of a permit which
authorizes possession or use of the kind and quantity of the
restricted material on the date the restricted material is delivered.

14011. It is unlawful for any person to apply any restricted
material for which regulations have been adopted except as provided
in the regulations which are adopted by the director.

14011.5. Except as may be provided in regulations adopted by the
director, a pesticide use report shall be submitted to the
commissioner, on a form prescribed by the director, within seven days
after each use of a restricted material.

14012. (a) Any person who is required to register pesticides under
Article 4 (commencing with Section 12811) of Chapter 2, and who sells
or transfers any restricted material, shall keep accurate records of
the amount and type of material involved in every sale or transfer
of any restricted material. The records shall be open during ordinary
business hours to the inspection of the director.
(b) Each commissioner shall submit to the director a copy of each
pesticide use report received pursuant to Section 14011.5, and any
other relevant information the director may require. Copies of the
reports from the commissioners shall be rendered to the director
within one calendar month after they are received.
The contents of these reports shall be summarized quarterly by the
director as to the type of material and amounts, and the summaries
shall be made a public record. The director may publish or distribute
the summaries.

14015. Except as provided by regulation adopted by the director, a
restricted material shall only be possessed or used by, or under the
direct supervision of, a private applicator, who is certified
pursuant to Section 14093, or a certified commercial applicator, as
defined by Section 6000 of Title 3 of the California Code of
Regulations.