Title FAC — California Food & Agric. Code

For the purposes of this chapter, the following definitions apply: (a) “Structural pest control device” or “device” means any method, instrument, or contrivance intended to be used to prevent, eliminate, destroy, repel, attract, or mitigate any wood destroying pest, but does not …

(a) On and after July 1, 2001, it is unlawful for any person directly, or through another, to manufacture for sale, advertise, deliver or otherwise provide, offer for sale or lease, sell, lease, possess, or use any device in this state that is not registered pursuant to this chap…

The director shall regulate structural pest control devices.

The director may adopt, amend, repeal, and enforce regulations relating to the regulation of devices and the administration of this chapter. When adopting regulations pursuant to this chapter, the director shall consider the safe use of devices and safe working conditions for per…

(a) The director shall endeavor to prevent and eliminate from use in this state any device that meets any of the following criteria: (1) The device endangers human health or safety, property, or the environment. (2) The device is not beneficial or efficacious for the purposes for…

The director shall not determine a device to be beneficial or efficacious if any of the following exists: (a) The ability of the device to control pests falls below the standard or quality that the device is represented to have, or the device is of little or no value for the purp…

Every manufacturer of, importer of, vender of, or dealer in, any device, except a dealer or agent that sells a registered device, shall obtain a certificate of device registration from the director before the device is manufactured for sale, advertised, delivered or otherwise pro…

Each applicant for registration of a device, at a minimum, shall submit all of the following: (a) A completed application form prescribed by the director. (b) Proposed labeling for the device. (c) Valid data supporting each claim on the proposed label and supporting the safety of…

Within a timely manner after receipt of the information and fee specified in Section 15308, the director shall do one or more of the following: (a) Issue a certificate of device registration pursuant to Section 15310. (b) Notify the applicant that the submission is inadequate and…

If an applicant for registration of a device complies with this chapter and the regulations that are adopted pursuant to this chapter, the director shall register the device and issue a certificate of device registration to the applicant authorizing the manufacture and sale of th…

If the director finds that registration must be denied due to noncompliance with this chapter or the regulations that are adopted pursuant to this chapter, the director shall deny registration. Upon the request of the applicant, the director may hold a hearing to reconsider the d…

Each applicant for a certificate of device registration shall inform the director of every brand and trademark of a device that the applicant intends to manufacture for sale, advertise, deliver or otherwise provide, offer for sale or lease, sell, lease, possess, or use. The direc…

The registrant of a device shall immediately notify the director of any proposed change to the device including, but not limited to, labeling composition, configuration method of application, and use of the device. The director shall determine whether the changes require the dire…

The director may issue a device research permit for the scientific evaluation of new devices for a limited period of time determined by the director.

(a) Pursuant to Sections 15305 and 15306, after providing notice to the device registrant or applicant of an opportunity to be heard, the director may cancel the registration of, or refuse to register, any device that meets any of the following criteria: (1) The director determin…

If, during the registration process, or at any time after the registration of a device, the applicant or registrant has factual or scientific information showing any adverse effect or risk of the device to human health or safety, property, or the environment that has not been pre…

If the director has reason to believe that any of the conditions stated in Section 15315 are applicable to any registered device and that the use or continued use of the device constitutes an immediate substantial danger to human health or safety, property, or the environment, th…

The director may cancel a certificate of device registration, or refuse to issue a certificate of device registration to any manufacturer, importer, or dealer in any device that repeatedly violates this chapter or the regulations of the director.

Action by the director pursuant to Section 15305, 15311, 15315, 15317, or 15318 is not a condition precedent to the institution of any action to prosecute or levy a civil penalty for a violation of this chapter or regulations adopted pursuant to this chapter.

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

The registrant of a device shall furnish printed directions for use on the label or shall enclose the printed directions with the device. The device label shall state the name, brand, or trademark, if any, under which the device will be sold and the name and address of the device…

(a) The registrant of a device may print limitations of warranty on the label with respect to the use of the device, as the registrant considers proper. (b) Notwithstanding subdivision (a), no limitations of warranty by the device manufacturer, registrant, user, seller, lessor, o…

Except as otherwise provided in this chapter, 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 device for a purpose different from that represented by the label. (b) The use of the device contrary …

(a) If any device is determined to be manufactured for sale, advertised, delivered or otherwise provided, offered for sale or lease, sold, leased, possessed, or used in violation of any of the provisions of this chapter or any regulations adopted pursuant to this chapter, or if t…

The use of any device shall not conflict with the label on the device as registered pursuant to this chapter.

(a) Except as provided by subdivision (c), it is unlawful for any person directly, indirectly, or through another, to manufacture for sale, advertise, deliver or otherwise provide, offer for sale or lease, sell, lease, possess, or use any of the following: (1) Any device that is …