Title FAC — California Food & Agric. Code

(a) A registrant at any time may request that the registration of any of its pesticides be voluntarily canceled. The request shall be in writing and shall include a waiver of the registrant’s right to a hearing on the cancellation. (b) The director shall mail a notice of cancella…

If a person has a research authorization for a pesticide issued pursuant to Section 6260 of Title 3 of the California Code of Regulations for the purpose of testing the pesticide, and the produce on which the pesticide was tested is required to be destroyed, any actual costs incu…

(a) Notwithstanding any other provision of this chapter, alfalfa and all vegetable crops, when grown for seed production, with the exception of corn, beans, pumpkin, and peas, shall be considered a nonfood and nonfeed site of pesticide use for the purpose of pesticide registratio…

(a) Notwithstanding any other provision of this chapter, the director may issue a certificate of emergency registration for a pesticide if all of the following conditions are met: (1) The pesticide is currently registered by the United States Environmental Protection Agency pursu…

(a) The director, by January 1, 1999, shall implement a program for the expedited registration of or for the expedited amendment of the registration of any pesticide classified by the United States Environmental Protection Agency as a “public health pesticide” or “antimicrobial p…

The director shall accept applications for registration of pesticide products containing a new active ingredient concurrently with the application to the United States Environmental Protection Agency. The application for registration must include all data and information that mee…

The director shall, with the assistance of the Legislative Analyst, conduct a study to consider more carefully the consequences of data-sharing agreements required under Section 12811.5 and the volume of high-hazard pesticides sold in California. The report shall be submitted to …

(a) The director may waive the submission or review, or both, of efficacy data developed by a registrant as a prerequisite for registration for any antimicrobial pesticide product if all of the following conditions have been met with respect to each antimicrobial pesticide produc…

(a) On or before July 1, 2018, the department shall issue a determination with respect to its reevaluation of neonicotinoids. (b) (1) Within two years after making the determination specified in subdivision (a), the department shall adopt any control measures necessary to protect…

(a) On and after July 1, 2027, the department shall meet the following timelines to review and evaluate, and issue final decisions on, applications to register new pesticide products or amend existing pesticide product registrations, as specified in this article, except as provid…

(a) It is the intent of the Legislature that, when the department hires staff due to the mill increases described in Section 12841 and registration fee increases in 2024, the department prioritize hiring for positions within the pesticide registration branch. (b) Beginning in 202…

(a) A person shall not sell for use in this state any pesticide products that have been registered by the director for which the mill assessment established by this article, and the regulations adopted pursuant to it, is not paid at the times specified in Section 12843. (b) Excep…

(a) The director may collect an assessment, in addition to the mill assessment collected pursuant to Section 12841, for all pesticide sales for use in this state except for sales for use in this state of pesticides labeled solely for home, industrial, or institutional use. The di…

(a) The Department of Pesticide Regulation shall create a program to conduct outreach and education activities for worker safety, environmental safety, school safety, and proper pesticide handling and use, to include, but not be limited to, the following issues and criteria: (1) …

(a) Notwithstanding Sections 2282, 12784, and 12841, the director shall pay from the revenue collected from the mill assessment in the Department of Pesticide Regulation Fund an amount not to exceed the revenue derived from 0.5 mill ($0.0005) per dollar of sales for all pesticide…

(a) Every registrant of any production agricultural- or structural-use pesticide product sold for use in this state that is packaged in rigid, nonrefillable, high-density polyethylene (HDPE) containers of 55 gallons or less shall establish a recycling program, or demonstrate part…

Every person who sells for use in this state any pesticide products that have been registered by the director shall maintain in this state, or with the director’s permission at another location, an accurate record of all pesticide transactions for four years. The records are subj…

The payments required by this article, together with a return in a form prescribed by the director, shall be made quarterly one calendar month after March 31, June 30, September 30, and December 31 of each year. For any delinquency in making a return, or any deficiency in payment…

The director and the county agricultural commissioners shall jointly develop regulations specifying the criteria to be used in allocating pesticide mill assessment funds to the counties based upon each county’s pest control activities, costs, workload, and performance. After prov…

Notwithstanding Section 12784, the funds paid to the counties under Section 12844 shall also be considered as reimbursement for costs incurred by the counties in the administration and enforcement of Chapter 7 (commencing with Section 15201).

(a) The director may adopt regulations that require persons subject to this article to provide information determined by the director to be necessary to enable the director to perform the audit authorized pursuant to Section 12842 and to carry out other powers or duties under thi…

Sales invoices for pesticides first sold into or within this state shall show that the assessments specified in Sections 12841 and 12841.1 will be paid by the person or entity that first sold the pesticide for use in the state. All other sales invoices for pesticides sold into or…

The registrant of any pesticide shall attach to each separate lot, and each separate, finished, sealed, or closed container or package of pesticide that the registrant intends to sell within this state, a plainly printed label, that states all of the following: (a) The name, bran…

The registrant of any pesticide that is sold or delivered to a consumer in this state shall furnish printed directions for use, and dilution if any, upon the label, or shall enclose the printed directions in each container or package of the pesticide.

A registrant of pesticides may print upon the label of any sealed or closed container or package of pesticide that the registrant intends to sell within this state, or upon the label of any opened lot from which sales have been authorized by the director, such limitations of warr…

No limitations of warranty by the seller shall exclude or waive either of the following implied warranties: (a) That the pesticide corresponds to all claims and descriptions that the registrant has made in respect to it in print. (b) That the pesticide is reasonably fit for use f…

Except as otherwise provided in this article, the registrant is not liable for any injury or damage that is suffered solely by reason of any of the following: (a) The use of the pesticide for a purpose that is not indicated by the label. (b) The use of the pesticide contrary to t…

Except as otherwise provided in Section 12857, a pesticide shall not be sold unless it is in a registrant’s sealed or closed container or package.

The director , pursuant to regulations prescribed by him or her, may authorize sales of pesticides to be made out of a registrant’s opened but properly labeled lot, container, or package. The director shall serve notice of the proposed action by depositing a copy of it in a Unite…

The statement of ingredients in any pesticide that is intended and sold for internal administration to animals may be given in terms of dosage in lieu of percentage by weight as required by Article 4 (commencing with Section 12811) and Article 6 (commencing with Section 12881).

The director shall adopt regulations governing the labeling of service containers. The labeling regulations shall not apply to containers used by a person engaging in the business of farming when the containers are used on the property that the person is farming. The regulations …

A pesticide is misbranded in any of the following cases: (a) The package or label bears any false or misleading statement, design, or device regarding the article or any ingredient or substance that is contained in it. (b) The package or label is falsely branded as to the place o…

A pesticide is also misbranded in any of the following cases: (a) The contents of the package as originally put up have been removed in whole or in part and other contents placed in the package. (b) The contents of the package are of a quality below that of the guarantee on the l…

Except as otherwise provided in Section 12884 , a pesticide is also misbranded when the label fails to state one of the following: (a) The name and percentage of each active ingredient, together with the total percentage of the inert ingredients, in the pesticide. (b) The name of…

If the preparation is highly toxic to humans, as determined by regulations of the director, a pesticide is misbranded if the label fails to state the name and percentage of each active ingredient together with the total percentage of the inert ingredients in the pesticide.

In addition to the other provisions of this article, a spray adjuvant is misbranded if the label fails to state the type or function and the names of the principal functioning agents. If more than three functioning agents are present, only the three principal ones need be named. …

A pesticide is adulterated in any of the following cases: (a) Its strength or purity falls below the standard or quality that it is represented to have. (b) Any ingredient that is necessary to its effectiveness has been wholly or in part abstracted or omitted in its manufacture, …

The director may take samples of pesticides, make analyses or examinations of them, and make such investigations as are necessary for the full enforcement of this chapter.

The director may seize and quarantine any pesticide that is adulterated, misbranded, or detrimental to agriculture or to the public health, or which is otherwise not in conformity with any provision of this chapter.

No recommendation shall be in conflict with the registered labeling for the product being recommended.

The use of any pesticide by any person shall be in such a manner as to prevent substantial drift to nontarget areas.

The use of any pesticide shall not conflict with labeling registered pursuant to this chapter which is delivered with the pesticide or with any additional limitations applicable to the conditions of any permit issued by the director or commissioner.

Failure of a person using a pesticide to possess a written recommendation shall create a rebuttable presumption that he or she has assumed responsibility for the recommendation.

A person making a written recommendation does not incur an obligation to insure that the actual use follows his or her recommendation.

The director may adopt regulations to govern the possession, sale, or use of any pesticide which the director finds necessary to carry out the purposes of Division 6 (commencing with Section 11401) or this division.

The director, and the commissioner of each county under the direction and supervision of the director, shall enforce the provisions of this article and the regulations adopted pursuant to it.

Pesticide applications on public property which take place on school grounds, parks, or other public rights-of-way where public exposure is foreseeable shall be posted with warning signs. The signs shall be in English and Spanish and shall contain a warning that the area has been…

(a) For purposes of this section, the following terms have the following meanings: (1) “Chlorophacinone” means a pesticide product containing chlorophacinone. (2) “Diphacinone” means a pesticide product containing diphacinone. (3) “First-generation anticoagulant rodenticide” mean…

A pesticide use report shall be submitted to the commissioner or director on a form and in a manner prescribed by the director. The data from the pesticide use reports shall be considered in setting priorities for food monitoring, pesticide use enforcement, farm worker safety pro…

The Legislature hereby finds and declares that it is necessary and desirable to provide for the safe use of pesticides and for safe working conditions for farmworkers, pest control applicators, and other persons handling, storing, or applying pesticides, or working in and about p…