Title FAC — California Food & Agric. Code

It is unlawful for a person to advertise, solicit, or operate as a pest control business, unless the person has a valid pest control business license issued by the director.

Every principal and branch office of a business licensed pursuant to Section 11701 shall have at least one person in a supervisory position who holds a qualified applicator license issued pursuant to Chapter 8 (commencing with Section 12201). The qualified applicator license shal…

Applicants for a pest control business license shall do all of the following: (a) Submit information to the director covering the applicant’s business and personal qualifications that the director requires. (b) Designate in the application the qualified applicator who shall be re…

(a) Except as otherwise provided in Sections 11704 and 11707, the application shall be accompanied by a fee as prescribed by the director pursuant to Section 11502.5. (b) If the applicant maintains any branch office in this state or outside this state and the applicant engages in…

(a) A person who is regularly engaged in the business of maintenance gardening and who desires to engage in pest control for hire incidental to that business shall qualify for a pest control business license in the maintenance gardener category by passing the certified commercial…

The director shall issue to each applicant that satisfies the requirements of this article a license that authorizes the applicant to perform the type or types of pest control activities specified in the license during the calendar years for which the license is issued, unless th…

The license may be renewed before its expiration through application in the form prescribed by the director and upon payment of the proper fee as prescribed by the director pursuant to Section 11502.5.

To any fee which is not paid by the date of expiration, there shall be added a penalty as prescribed by the director pursuant to Section 11502.5.

The director may refuse to grant any license and may revoke or suspend any license if the applicant or licensee: (a) Does not have, or has not maintained at its principal office and at each branch location, a person who holds a qualified applicator license issued pursuant to Chap…

A person not regularly engaged in the business of pest control that operates only in the vicinity of his or her own property and for the accommodation of his or her neighbors is not required to pay the fee specified by Section 11703, but is required to procure a license. The pers…

A person that is regularly engaged in the business of tree surgery is not required to procure a license to remove diseased or infested tissues or apply disinfectants to wounds or cavities incidental to tree surgery. If such person desires to engage in any other pest control opera…

Unless worker’s compensation insurance is not required, no license may be issued or renewed under this chapter to any person who is an employer, as defined in Section 3300 of the Labor Code, unless the application is accompanied by identification and the number and expiration dat…

“Commissioner,” as used in this article, includes the director in any county in which there is no commissioner. (Enacted by Stats. 1967, Ch. 15.)

It is unlawful for any person to advertise, solicit, or operate as a pest control business in any county unless the person has registered with the commissioner for the current calendar year. The registration shall be in the form prescribed by the commissioner and shall show all o…

The registrant shall keep and maintain a record of each property treated that shows all the information required by the director or commissioner. The registrant shall report the information to the commissioner or the director when and in the form as required.

The board of supervisors of any county may establish reasonable fees for the registration required under Section 11732. Payment of the fee shall be due by the date designated by the commissioner. However, registration fees for pest control businesses licensed pursuant to Section …

A pest control operator registration may be refused, revoked, or suspended by the commissioner, if the commissioner makes any of the following findings: (a) That the equipment of the registrant or applicant is unsuitable. (b) That the operators employed by him are incompetent or …

The commissioner or director may order any person or the agent or employee of any licensee or registrant or person, to cease operation of any equipment or facility which he finds unsuitable, or which he finds being operated in any of the following ways: (a) By an incompetent or u…

It is unlawful for any person to violate any order of a commissioner or the director made pursuant to Section 11737. The commissioner or director may bring an action to enjoin the violation or the threatened violation of any order made pursuant to Section 11737 in the superior co…

The regulations of the commissioner may provide for the qualification, by examination or otherwise of the following persons: (a) Registrants. (b) Persons in charge of the pest control operations of registrants within the county. (c) Persons employed by registrants to operate pest…

The regulations of the commissioner may provide that it is a ground for cancellation of registration to operate pest control equipment within the county unless either: (a) A person qualified pursuant to Section 11738 is in charge of the operations. (b) Each unit which is operated…

Any certificate of qualification which is issued pursuant to Section 11738 may be revoked or suspended, or its issuance or renewal refused, if the commissioner finds that the applicant or holder of the certificate is incompetent or has violated any provision of this division, or …

Any person whose certificate has been revoked, suspended, or refused may appeal to the director within 10 days for a hearing. (Enacted by Stats. 1967, Ch. 15.)

Any person that alleges any loss, nonperformance, or damage as a result of the use or application of any pesticide, or of any substance, method, or device for pesticidal purposes; or for the purpose of preventing, destroying, repelling, mitigating, or correcting any disorder of p…

If a growing crop is alleged to have been damaged as a result of the activities which are described in Section 11761, the verified report of loss, nonperformance, or damage shall be filed prior to the time 50 percent of the crop is harvested, unless the loss, nonperformance, or d…

The verified report of loss, nonperformance, or damage shall set forth, so far as known to the claimant, all of the following: (a) Name and address of the claimant. (b) Type, kind and location of property which is allegedly injured or damaged. (c) Date the alleged loss, nonperfor…

The filing of the verified report, or the failure to file it, need not be alleged in any complaint which may be filed. The failure to file the verified report of loss, nonperformance, or damage is not a bar to the maintenance of a civil action for the recovery of damages for the …

The failure to file a verified report of loss is evidence that no loss, nonperformance, or damage occurred.

It is unlawful for any person subject to this division to do any of the following: (a) Make any false or fraudulent claim, or misrepresent the effects of material or method to be applied, apply any worthless or improper material, or otherwise engage in any unfair practices. (b) O…

It is also unlawful for any person that is subject to this division to do any of the following: (a) Make any false or fraudulent record or report. (b) Operate in any county without first having registered with the commissioner. (c) Operate equipment with incompetent or unqualifie…

Every person who violates this division, or any regulation issued pursuant to this division, is guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than five thousand dollars ($5,000) nor more than fifty thousand dollars ($50,000), or by imprisonme…

In lieu of seeking prosecution of any violation of this division as a misdemeanor, and the penalty prescribed in Section 11891, the director may prosecute civilly pursuant to Sections 11893 and 11894 or the commissioner may levy civil penalties pursuant to Section 12999.5.

Any person who violates this division, or any regulation issued pursuant to this division, is liable civilly in an amount not less than three thousand dollars ($3,000) nor more than thirty thousand dollars ($30,000) for each violation. Any money recovered under this section shall…

Upon a complaint by the director, the Attorney General may bring an action for civil penalties in any court of competent jurisdiction in this state against any person violating any provision of this division, or any regulation issued pursuant to it. The Attorney General may bring…

An action brought pursuant to this article shall be commenced by the director, the Attorney General, the district attorney, the city prosecutor, or the city attorney, as the case may be, within two years of the occurrence of the violation. However, when an investigation is comple…

The commissioner or director may bring an action to enjoin the violation or the threatened violation of any order made pursuant to this division in the superior court in the county in which the order is issued or the violation occurs or is threatened, and the court may enjoin the…

The director, upon a finding that the use, handling, delivery, or sale of a pesticide in violation of any provision of this division, or any regulation issued pursuant to it, is taking place, or appears imminent, and that activity if allowed to proceed will present an immediate h…

The agricultural commissioner, upon a finding that the use, handling, delivery or sale of a pesticide in violation of any provision of this division, or any regulation issued pursuant to it, is taking place, or appears imminent, and that activity if allowed to proceed will presen…

The Legislature hereby declares that this chapter, which prescribes the distribution and use of livestock drugs, is intended to assure that such drugs are available to livestock producers for their use in protecting the health of the livestock population of the state, and that su…

Unless the context otherwise requires, the definitions in this article govern the construction of this chapter. (Enacted by Stats. 1967, Ch. 15.)

“Drug” means any of the following substances: (a) Any substance which is intended for use in the diagnosis, cure, mitigation, prevention, or treatment of disease. (b) Any substance, except food and water, which is intended to affect the structure or function of the body of any li…

“Restricted drug” means any livestock drug which is sold in such form that it might be administered to humans and if so administered would be dangerous to the health of such humans or any livestock drug which if improperly administered to livestock is dangerous to the health of s…

“Label” includes written and graphic matter which is imprinted upon, or upon paper or other material affixed to, or accompanying, a container of a livestock drug.

“Livestock” includes all animals, poultry, and bees, and aquatic and amphibian species which are raised, kept, or used for profit. It does not include those species which are usually kept as pets, such as dogs, cats, and pet birds.

“Livestock drug” means any drug, combination of drugs, proprietary medicine, or combination of drugs and other ingredients which is prepared for administration to livestock orally, hypodermically, topically, or otherwise.

“Manufacturer” includes any person that is responsible for the placing of a livestock drug on the market in this state.

“Retailer” means any person that sells any livestock drug at retail.

“Distribute” means to offer for sale, sell, exchange, or barter.

The director shall enforce this chapter and, in accordance with the provisions of Section 14200, may make and enforce such regulations which relate to the manufacture, sale, and use of livestock drugs as he may deem necessary to carry out this chapter.

All money which is received under this chapter shall be paid into the Department of Agriculture Fund. Any money in the Department of Agriculture Fund which is derived under this chapter and Chapter 6 (commencing with Section 14901) of this division may be expended for the adminis…