SECTIONS 14090-14099.5 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 14090-14099.5

14090. It is unlawful for a private applicator to possess, use, or
supervise the use of a restricted material in accordance with Section
14015 unless that person has a valid private applicator certificate.

14091. The application for a private applicator certificate or a
renewal of the certificate shall be on a form prescribed by the
director. Each application shall state the name and address of the
applicant and any other information required by the director.

14092. (a) Applicants shall be examined on the requirements of
statutes and regulations concerning pesticide use and pest control
operations including, but not limited to, knowledge of all of the
following:
(1) Label directions and restrictions on use.
(2) Calibration.
(3) Pest control equipment.
(4) Pest problems and identification.
(5) Worker protection, including protective clothing and
equipment.
(6) Environmentally sensitive areas.
(b) The examination shall be in written form and shall be prepared
by the director and administered by the commissioner, or the
director in any county where there is no commissioner. An oral
examination may be administered in those situations where, in the
opinion of the commissioner, a written examination would not
accurately measure the understanding of the applicant.
(c) A passing score for the examination is 70 percent or above.

14093. The commissioner, or the director in any county where there
is no commissioner, shall issue a private applicator certificate to
each applicant who passes the examination.

14094. If a passing score of 70 percent is not achieved, the
applicant may not retake the examination for seven calendar days.

14095. A private applicator certificate shall be issued for a
period of three years except that the initial term of a private
applicator certificate shall expire as follows:
(a) Certificates issued to private applicators on or after January
1, 1997, with surnames beginning with A to H, inclusive, shall
expire on December 31 of each third year following December 31, 1997.
(b) Certificates issued to private applicators on or after January
1, 1997, with surnames beginning with I to Q, inclusive, shall
expire on December 31 of each third year following December 31, 1998.
(c) Certificates issued to private applicators on or after January
1, 1997, with surnames beginning with R to Z, inclusive, shall
expire on December 31 of each third year following December 31, 1999.

14096. Certified private applicators may renew their certificate
for a period of three years by completing the continuing education
requirement as prescribed by the director, by regulation, or by
passing an examination.

14097. The commissioner, or the director in a county where there is
no commissioner, may establish a program to certify employees other
than the operator of the property, or other than the operator's
authorized representative. The commissioner's or the director's
program shall be conducted in accordance with this chapter.

14098. (a) A private applicator certificate may be refused,
revoked, or suspended by the commissioner or director for any of the
following reasons:
(1) Failure to comply with any applicable provision of this
division or any regulation adopted pursuant thereto.
(2) Failure to supervise the use of a restricted material in a
manner that ensures compliance with this division or any regulation
adopted pursuant thereto.
(3) Making any false or fraudulent report.
(b) Any action by the commissioner or the director pursuant to
subdivision (a) may be appealed in a manner consistent with the
procedures for appealing the suspension of a restricted material
permit as prescribed in Section 11512.5.

14099.5. This chapter shall become operative on January 1, 1997.