Title 3, Agriculture

The provisions of this article do not apply to a manufacturer's proving ground or a motor vehicle racing event held in a vehicle emissions control area.

A. On request, an interstate pipeline terminal or a motor fuel storage or dispensing site shall provide a product transfer document to the division. Product transfer documents may be stored off site as provided by division rule. B. On request, a motor fuel storage or dispensing s…

In this article, unless the context otherwise requires: 1. "Annual throughput" means the amount of gasoline transferred into or dispensed from a gasoline dispensing site during twelve consecutive months. 2. "Clean air act" means the clean air act of 1963 (P.L. 88-206; 42 United S…

A. A person shall not offer for sale, sell, install or use a new gasoline stage I vapor recovery system, or any new or rebuilt component parts of the system, unless the system or component part has been certified by the California air resources board as of March 31, 2001 or after…

Notwithstanding section 3-3512, subsection I relating to schedules of compliance: 1. Gasoline dispensing facilities located in area A or in any other geographical area as provided in section 3-3512, subsection G for which construction began after the certification of rules adopte…

The associate director shall adopt rules to: 1. Enhance enforcement of the division's stage I vapor recovery program. The enforcement shall be enhanced through programs that may include increased frequency of or targeting of inspections, increased sampling frequency, use of porta…

In this chapter, unless the context otherwise requires: 1. "Branch office" means any fixed place of business, other than the primary office, where records are kept, mail is received, statements are rendered, money is collected, requests for service or bids are received, informati…

A. This chapter applies to pest management. This chapter does not apply to pesticide applications used directly in the commercial production of crops and animals or used, if not for hire, on golf courses. B. The regulation of pest management is of statewide concern. The regulatio…

A. The director is responsible for administering this chapter and shall: 1. Adopt rules that are necessary or proper to administer and implement this chapter, including rules that may be more stringent than a corresponding federal law for: (a) Administrative provisions. (b) Licen…

A. The pest management trust fund is established for the exclusive purpose of implementing, continuing and supporting the division and its objectives as established by this chapter. B. The director shall administer the trust fund as trustee. The state treasurer shall accept, sepa…

A. The director shall establish by rule a pest management division council to assist and make recommendations to the director regarding the administration and implementation of this chapter but excludes reviewing and making recommendations on individual cases, investigations or a…

A. Only a certified applicator may apply pesticides at a school or child care facility. B. A business licensee or certified applicator shall notify a school or a child care facility at least seventy-two hours in advance of any pesticide application in order to permit the school t…

A. The provisions of this chapter requiring licensure and registration do not apply to: 1. Persons applying nonrestricted use pesticides on residential property that they own and occupy or that they own and that is not occupied. 2. Authorized representatives of any educational in…

A. A political subdivision that uses pesticides to conduct pest management on property that is owned, leased or managed by the political subdivision, including easements: 1. Is not required to be licensed under section 3-3615. 2. Must provide the department with the name and tele…

A. The provisions of this chapter requiring licensure and registration do not apply to a person who conducts lawn, garden, shrub or tree maintenance and who applies herbicides for the purpose of weed management, except as otherwise provided in this section. B. Notwithstanding sub…

A. An application for applicator certification shall be in a form prescribed by the director and be accompanied by the prescribed fee. B. An individual may apply for certification as an applicator or qualified applicator in any one or a combination of the following categories: 1.…

A. A person who engages in the business of pest management shall obtain a valid business license from the division. A person who is not exempt under this chapter and who advertises for, solicits or claims to be willing to engage in the business of pest management is presumed to b…

A. A person shall not engage in the business of pest management in any category without a qualifying party registered in that category. B. To be a qualifying party, an individual must: 1. Be a certified qualified applicator. 2. Register as a qualifying party with the division usi…

A. A business licensee shall register each branch office with the director before the branch office opens for business. B. Each branch office shall be supervised by a registered branch supervisor.

A. The director shall establish by rule and collect application and renewal fees for the following: 1. A business license. 2. A branch office registration. 3. A branch supervisor registration. 4. A qualifying party registration. 5. A temporary qualifying party registration. 6. A …

A. If the director finds that a person has violated this chapter, a rule adopted pursuant to this chapter or a written order of the director, the director may issue a notice of violation and a cease and desist order to the person and, after an opportunity for a hearing, take any …

A. A business licensee, qualifying party, branch supervisor or applicator may be held jointly responsible for the acts or omissions of another person who is under the supervision of the business licensee, qualifying party, branch supervisor or applicator if the supervising licens…

A. The director may suspend a license, certification or registration without a hearing if the licensee fails within thirty calendar days to pay civil penalties imposed under this chapter or rules adopted pursuant to this chapter. B. A licensee whose license is suspended under sub…

A. A person shall not: 1. Engage in the business of pest management, commence work on a contract or sign, issue or deliver any document expressing an opinion or statement relating to pest management without a business license issued pursuant to this chapter, unless the person is …

A. The director shall deny an application for a new business license or a renewal of an existing business license if a principal of the applicant was also a principal of another business that currently owes past due termite action registration form fees, owes civil penalties to t…

In addition to all other remedies, the director, either through the attorney general or the county attorney, may apply to the appropriate court for an order enjoining any act or practice that appears to constitute a violation of this chapter or rules adopted pursuant to this chap…

A. Within thirty calendar days after completion of a pretreatment, a new-construction treatment, a final grade treatment, an initial corrective treatment or a wood-destroying insect inspection report, a business licensee or certified applicator shall file with the division in a f…

A. A business licensee shall not commence work on a contract or sign, issue or deliver any documents expressing an opinion or making a statement relating to the presence or absence of wood-destroying organisms in a structure until an inspection is made. B. Only an applicator cert…

A. Wood-destroying insect inspection reports may be completed only by an applicator who is certified in the category of wood-destroying organism management and who has received at least five hours of instruction from an in-house education program of the business licensee on the s…