reglab/statecodes huggingface dataset:
2023 California Code › Food and Agricultural Code - FAC › DIVISION 6 - PEST CONTROL OPERATIONS › CHAPTER 10 - Pesticide Brokers › Section 12406.

12406. (a) Each licensed pesticide broker, or person who is required to be licensed as a pesticide broker pursuant to Section 12400, shall maintain at its principal place of business the records of its purchases subject to mill assessments, sales, and distributions of pesticides into or within this state, including those of its branch locations, for four years. These records shall include copies of invoices showing payment of the mill assessment. The records shall be available for audit by the director.
(b) Each licensed pesticide broker, or person who is required to be licensed as a pesticide broker pursuant to Section 12400, shall report quarterly to the director the total dollars of sales and total pounds or gallons sold into or within this state of each pesticide sold and subject to Sections 12841 and 12841.1. The quarterly report shall be in the form prescribed by the director and shall include information from the broker’s licensed branch locations, if any, and any other information specified on the form or required by the director. The report shall include a certification, under penalty of perjury, that the information contained in the report is true and correct. The report shall accompany payment of assessments required by Sections 12841 and 12841.1.
(c) Pesticide retailers shall maintain records that show the names and contact information of their suppliers of pesticide in the current year. These records shall be available for audit by the director.
(Amended by Stats. 2005, Ch. 612, Sec. 5. Effective January 1, 2006.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 6 - PEST CONTROL OPERATIONS › CHAPTER 10 - Pesticide Brokers › Section 12407.

12407. It is unlawful for any person required to be licensed as a pesticide broker pursuant to this chapter to make any false or fraudulent statements or misrepresent or fail to disclose any material fact in making application for a license or renewal of a license or in any reports submitted to the director, or to make any false or misleading statements concerning any products specified in Section 12847 that the person sells or distributes.
(Added by Stats. 1997, Ch. 695, Sec. 16. Effective January 1, 1998.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 6 - PEST CONTROL OPERATIONS › CHAPTER 10 - Pesticide Brokers › Section 12408.

12408. The director, after a hearing, may refuse, revoke, or suspend a pesticide broker license for any violation of this division or Division 7 (commencing with Section 12500) or any regulations adopted pursuant to this division.
(Added by Stats. 1997, Ch. 695, Sec. 16. Effective January 1, 1998.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 1 - Definitions › Section 12500.

12500. As used in Chapter 1.5 (commencing with Section 12501), Chapter 2 (commencing with Section 12751) except Article 2.5 (commencing with Section 12786), Chapter 3 (commencing with Section 14001), Chapter 3.5 (commencing with Section 14101), Chapter 3.6 (commencing with Section 14151) and Chapter 7 (commencing with Section 15201), “department” means the Department of Pesticide Regulation. As used in Article 2.5 (commencing with Section 12786) of Chapter 2, Chapter 4 (commencing with Section 14200), Chapter 5 (commencing with Section 14501), and Chapter 6 (commencing with Section 14901), “department” means the Department of Food and Agriculture.
(Added by Stats. 1994, Ch. 545, Sec. 2. Effective January 1, 1995.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 1 - Definitions › Section 12500.5.

12500.5. “Director” means the Director of Pesticide Regulation.
(Added by Stats. 1994, Ch. 545, Sec. 2. Effective January 1, 1995.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 1 - Definitions › Section 12500.6.

12500.6. “Secretary” means the Secretary of Food and Agriculture.
(Added by Stats. 1994, Ch. 545, Sec. 2. Effective January 1, 1995.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 1.5 - Produce Carrying Pesticide Residue › ARTICLE 1 - Definitions › Section 12501.

12501. Unless the context otherwise requires, the definitions in this article govern the construction of this chapter.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 1.5 - Produce Carrying Pesticide Residue › ARTICLE 1 - Definitions › Section 12502.

12502. “Food” means any article which is used for food or drink for man or any other animal, or for a component of any such article.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 1.5 - Produce Carrying Pesticide Residue › ARTICLE 1 - Definitions › Section 12503.

12503. “Pesticide chemical” means any substance that is used in the production, storage, or transportation of produce that is a pesticide as defined in Section 12753.
(Amended by Stats. 1996, Ch. 361, Sec. 22. Effective January 1, 1997.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 1.5 - Produce Carrying Pesticide Residue › ARTICLE 1 - Definitions › Section 12504.

12504. “Produce” means any food in its raw or natural state which is in such form as to indicate that it is intended for consumer use with or without any or further processing.
(Amended by Stats. 1979, Ch. 732.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 1.5 - Produce Carrying Pesticide Residue › ARTICLE 1 - Definitions › Section 12505.

12505. “Pesticide residue” means any pesticide chemical which is added to produce.
(Amended by Stats. 1983, Ch. 717, Sec. 2.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 1.5 - Produce Carrying Pesticide Residue › ARTICLE 2 - General Provisions › Section 12531.

12531. The director may adopt such regulations as are reasonably necessary to carry out this chapter.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 1.5 - Produce Carrying Pesticide Residue › ARTICLE 2 - General Provisions › Section 12532.

12532. (a) The director shall continuously interpret the results of the residue monitoring program in order to assess its general effectiveness at preventing public exposure to illegal pesticide residues.
(b) The director shall release to the public, on an annual basis, comprehensive summaries of the results of the pesticide residue monitoring program. The director shall disclose information regarding the disposition of products found to contain illegal pesticide residue levels.
(c) The director shall identify in his or her reports the specific county where unprocessed agricultural foods have been discovered to contain illegal pesticide residue levels, the specific commodity, and the county where the commodity was produced.
(d) The director shall file copies of all data sheets for over tolerances with the commissioner for the county where the unprocessed agricultural foods have been grown.
(e) The director shall include in the reports, in addition to the specific commodity affected, the pesticide identified for each illegal residue found.
(Added by Stats. 1986, Ch. 1375, Sec. 2.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 1.5 - Produce Carrying Pesticide Residue › ARTICLE 2 - General Provisions › Section 12533.

12533. Nothing in this chapter repeals or amends any of the provisions of Part 5 (commencing with Section 109875) of Division 104 of the Health and Safety Code.
(Amended by Stats. 1996, Ch. 1023, Sec. 51. Effective September 29, 1996.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 1.5 - Produce Carrying Pesticide Residue › ARTICLE 2 - General Provisions › Section 12534.

12534. (a) Pursuant to this chapter, the director shall conduct a pesticide residue monitoring program for produce destined for processing to determine which pesticides are most likely to leave a residue and to what extent it is necessary to monitor the produce.
(b) The results of the program shall be made available to the State Director of Health Services to provide accurate information to better focus sampling priorities.
(Amended by Stats. 1986, Ch. 248, Sec. 44.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 1.5 - Produce Carrying Pesticide Residue › ARTICLE 2 - General Provisions › Section 12535.

12535. (a) Commencing in 1990, the department shall substantially expand and maintain its focused pesticide residue monitoring program beyond the 1988 level. The focused monitoring program shall be prioritized to consider pesticides of greatest health concern and contribution to dietary exposure, and for various subpopulations which may be uniquely sensitive to pesticide residues, with special emphasis on infants and children.
(b) The department shall consider, but not be limited to, the following lists of pesticides in establishing priorities for monitoring:
(1) Pesticides identified by the federal Environmental Protection Agency as known, possible, or probable human carcinogens which are registered for use on food crops.
(2) Pesticides listed as high priority for risk assessment as a result of the evaluation process of the Birth Defect Prevention Act of 1984.
(3) Pesticides listed as known to cause cancer or reproductive toxicity pursuant to Section 25249.9 of the Health and Safety Code.
(4) Class I and II pesticides on the United States Food and Drug Administrations’s Surveillance Index.
(Amended by Stats. 1990, Ch. 1129, Sec. 1.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 1.5 - Produce Carrying Pesticide Residue › ARTICLE 2 - General Provisions › Section 12536.

12536. (a) The director, by regulation, shall establish a pest management advisory committee, specifying, as appropriate, the scope and purpose of its advisory role, membership requirements, and operating procedures. The director, or his or her designee, shall serve as chairperson of the committee and the secretary, or his or her designee, shall serve as vice chairperson of the committee. At a minimum, the committee shall assist the department in identifying, facilitating, and promoting environmentally sound pest management practices and pest management systems.
(b) Funds in the Department of Pesticide Regulation Fund may be expended, upon appropriation, for pest management grants, and upon the joint decision of the chairperson and vice chairperson, to carry out the recommendations of the pest management advisory committee.
(Amended by Stats. 2007, Ch. 178, Sec. 2. Effective August 24, 2007.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 1.5 - Produce Carrying Pesticide Residue › ARTICLE 3 - Permissible Tolerances › Section 12561.

12561. The director by regulation may establish permissible tolerances for any pesticide chemical in or on produce if he or she finds each of the following:
(a) The pesticide chemical is useful for the production and marketing of the produce.
(b) The presence of the pesticide chemical as pesticide residue in quantities within the tolerances so established is not deleterious to the health of man or animals.
(Amended by Stats. 1983, Ch. 717, Sec. 3.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 1.5 - Produce Carrying Pesticide Residue › ARTICLE 3 - Permissible Tolerances › Section 12562.

12562. The director may exempt any pesticide chemical from the requirement of a tolerance if he finds that the pesticide chemical may safely be used without a tolerance.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 1.5 - Produce Carrying Pesticide Residue › ARTICLE 3 - Permissible Tolerances › Section 12563.

12563. The director may establish the tolerance for any pesticide chemical on produce at zero if he finds that a greater tolerance is not justified.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 1.5 - Produce Carrying Pesticide Residue › ARTICLE 3 - Permissible Tolerances › Section 12565.

12565. If a tolerance for a pesticide chemical in or on produce is established pursuant to any law of the United States, the director may review the tolerance, and if he finds that it is in accordance with the standards and provisions of this chapter, he may establish a like tolerance pursuant to this chapter.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 1.5 - Produce Carrying Pesticide Residue › ARTICLE 4 - Inspection › Section 12581.

12581. (a)  The director may inspect and take samples of any produce grown, processed, packed, stored, shipped, transported, delivered for shipment, or sold.
(b) If the director finds or suspects that a sample taken or inspected pursuant to subdivision (a) carries pesticide residue in excess of the permissible tolerance, the director may request sales records, purchase records, distribution records, or any other record related to that produce. The records shall be provided to the director within 48 hours of the request.
(Amended by Stats. 2022, Ch. 574, Sec. 3. (AB 211) Effective September 27, 2022.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 1.5 - Produce Carrying Pesticide Residue › ARTICLE 4 - Inspection › Section 12582.

12582. The director shall immediately notify the State Director of Health Services by telephone, with immediate written confirmation, whenever a lot of produce destined for processing is found to be in violation of this chapter.
(Amended by Stats. 1986, Ch. 248, Sec. 45.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 1.5 - Produce Carrying Pesticide Residue › ARTICLE 4.5 - Commercial Laboratories › Section 12591.

12591. The director may accredit a commercial laboratory to test produce or environmental samples, including air, water, soil, and plant or animal tissue for regulatory pesticide residue purposes if the director finds all of the following conditions:
(a) That the department laboratories cannot handle required testing in a timely manner or that the use of a commercial laboratory is more cost-effective to the department or a segment of agriculture.
(b) That the laboratory agrees to and participates in a quality control oversight program as specified by the director.
(c) That the laboratory’s control and analytical protocols meet criteria established by the director.
(d) That, as part of the quality control oversight program, the director may conduct unannounced onsite inspections of the laboratory during normal business hours.
(Added by Stats. 1986, Ch. 782, Sec. 1.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 1.5 - Produce Carrying Pesticide Residue › ARTICLE 4.5 - Commercial Laboratories › Section 12592.

12592. The director may charge a fee for accreditation and quality control oversight in an amount sufficient to cover the reasonable costs of carrying out these programs.
(Added by Stats. 1986, Ch. 782, Sec. 1.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 1.5 - Produce Carrying Pesticide Residue › ARTICLE 4.5 - Commercial Laboratories › Section 12593.

12593. The director may refuse to accredit, or may suspend any accreditation, if the applicant or the accredited laboratory, as the case may be, does any of the following:
(a) Does not meet, or no longer meets, the requirements stated in Section 12591.
(b) Fails to perform in accordance with the performance standards set forth in the quality control oversight program.
(Added by Stats. 1986, Ch. 782, Sec. 1.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 1.5 - Produce Carrying Pesticide Residue › ARTICLE 4.5 - Commercial Laboratories › Section 12594.

12594. Analysis data developed by an accredited laboratory shall be subject to confirmation by a laboratory of the department prior to an official regulatory action of the director.
(Added by Stats. 1986, Ch. 782, Sec. 1.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 1.5 - Produce Carrying Pesticide Residue › ARTICLE 4.5 - Commercial Laboratories › Section 12595.

12595. In the event of a dispute of the findings of a chemical analysis between or among two or more accredited laboratories or between an accredited laboratory and a laboratory of the department, an appeal analysis may be requested by letter, telegram, or other writing to the director. The sample to be analyzed in the appeal analysis shall be submitted to the headquarters laboratory of the department at Sacramento. The cost of the appeal analysis, including any sampling or shipping required, shall be at the expense of the requesting party. The findings from the appeal analysis are binding on all parties.
(Added by Stats. 1986, Ch. 782, Sec. 1.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 1.5 - Produce Carrying Pesticide Residue › ARTICLE 5 - Seizure › Section 12601.

12601. The director may seize and hold any lot of produce, or any unharvested produce that is within one week of being in a harvestable condition, which carries or is suspected of carrying pesticide residue or other added deleterious ingredients in violation of this chapter or any regulation adopted pursuant to this chapter.
(Amended by Stats. 1990, Ch. 288, Sec. 1.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 1.5 - Produce Carrying Pesticide Residue › ARTICLE 5 - Seizure › Section 12602.

12602. If the director seizes any lot of produce, he shall issue to the owner or bailee a hold order or notice. He may affix to the lot a warning tag which states that the lot is so held.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 1.5 - Produce Carrying Pesticide Residue › ARTICLE 5 - Seizure › Section 12603.

12603. Any lot of produce for which a hold order or notice is issued shall be held by the owner or bailee of the produce and shall not be disturbed or moved from the place where it is, except under the specific direction of the director, pending final disposition pursuant to this chapter.
This does not prevent the owner or bailee from inspecting any produce so seized, nor from taking therefrom, in the presence of a person designated by the director, a reasonable sample for evidence.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 1.5 - Produce Carrying Pesticide Residue › ARTICLE 5 - Seizure › Section 12604.

12604. Any produce which is seized and held pursuant to this article, unless previously analyzed by the director, shall be sampled and analyzed within 24 hours after the seizure for the purpose of determining the amount of pesticide residue on it. The owner or bailee of the produce shall be immediately notified in person or by telegram by the director that the analysis of the sample shows that the produce does or does not carry pesticide residue or other added deleterious ingredient in violation of this chapter or any regulation adopted pursuant to this chapter.
(Amended by Stats. 1990, Ch. 288, Sec. 2.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 1.5 - Produce Carrying Pesticide Residue › ARTICLE 5 - Seizure › Section 12605.

12605. Upon the demand of the owner or bailee at or prior to the time of the sampling by the director, the sample which is drawn shall be divided into two approximately equal parts, one part of which shall be sealed and left with the owner or bailee and one part taken for analysis by the director.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 1.5 - Produce Carrying Pesticide Residue › ARTICLE 5 - Seizure › Section 12606.

12606. If the seized and held lot, as determined by the director’s chemical analysis, does not carry pesticide residue in excess of any maximum which is provided by this chapter or in excess of a permissible tolerance, the director shall forthwith release the seized and held lot from the seizure and remove the hold order or tag.
(Amended by Stats. 1983, Ch. 717, Sec. 6.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 1.5 - Produce Carrying Pesticide Residue › ARTICLE 5 - Seizure › Section 12607.

12607. If the seized and held lot of produce is found to carry pesticide residue in excess of any maximum which is provided by this chapter or in excess of a permissible tolerance, the director shall, upon request of the owner, permit the lot of produce to be reconditioned or disposed of for byproducts purposes which may lawfully contain the pesticide residue found.
(Amended by Stats. 1983, Ch. 717, Sec. 7.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 1.5 - Produce Carrying Pesticide Residue › ARTICLE 5 - Seizure › Section 12608.

12608. Upon demand of the owner or bailee for permission to remove the produce for reconditioning or use for byproducts, the director shall release the produce to the custody of the agricultural commissioner of any county which is designated by the owner or bailee if the commissioner advises the director that facilities for reconditioning the produce or for converting it into byproducts are available in the county and that the commissioner will supervise the reconditioning or conversion into byproducts of the lot if it is released.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 1.5 - Produce Carrying Pesticide Residue › ARTICLE 5 - Seizure › Section 12608.5.

12608.5. Upon demand of the owner or person in rightful possession of the produce for permission to remove the produce destined for processing, the director shall release the produce to the custody of the State Director of Health Services.
(Amended by Stats. 1986, Ch. 248, Sec. 46.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 1.5 - Produce Carrying Pesticide Residue › ARTICLE 5 - Seizure › Section 12609.

12609. The produce after reconditioning is subject to all the provisions of this chapter pending its final release by the director pursuant to Section 12606.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 1.5 - Produce Carrying Pesticide Residue › ARTICLE 5 - Seizure › Section 12610.

12610. If the lot of produce which is seized and held is found to carry excess pesticide residue, the owner or bailee of the lot may appeal the result of the examination to the director by letter, telegram, or other writing, within three days of the notice to the owner or bailee which is provided for in Section 12604.
(Amended by Stats. 1983, Ch. 717, Sec. 8.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 1.5 - Produce Carrying Pesticide Residue › ARTICLE 5 - Seizure › Section 12611.

12611. Upon receipt of an appeal by the owner or bailee, the director shall, after reasonable notice to the owner, if known, or, if not known, to the bailee, take a further sample and submit it under an individual lot number to the headquarters laboratory of the department at Sacramento for an appeal chemical analysis.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 1.5 - Produce Carrying Pesticide Residue › ARTICLE 5 - Seizure › Section 12612.

12612. The director shall permit the owner to be present in person or by his representative at the taking of the sample to be submitted for the appeal chemical analysis. The cost of the sampling and analysis shall be at the expense of the owner or bailee. The findings from the appeal chemical analysis are binding on both parties.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 1.5 - Produce Carrying Pesticide Residue › ARTICLE 5 - Seizure › Section 12613.

12613. After seizure by the director pursuant to this chapter of any lot of produce upon which an appeal analysis is to be made, the director upon request shall permit the owner or bailee to move the produce to a specified commercial cold storage warehouse which is suited for preserving it against deterioration. The storage is subject, however, to the terms of any hold order or notice issued pursuant to this article.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 1.5 - Produce Carrying Pesticide Residue › ARTICLE 5 - Seizure › Section 12614.

12614. If the appeal analysis shows that the lot of produce carries pesticide residue in excess of any maximum which is provided in this chapter or in excess of a permissible tolerance, the lot of produce may be disposed of pursuant to Sections 12607, 12608, and 12609.
(Amended by Stats. 1983, Ch. 717, Sec. 9.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 1.5 - Produce Carrying Pesticide Residue › ARTICLE 5 - Seizure › Section 12615.

12615. If the appeal analysis shows that the lot of produce does not carry pesticide residue in excess of any maximum which is provided by this chapter, or in excess of a permissible tolerance, the director shall forthwith release the lot from the seizure and remove the hold order or tag.
(Amended by Stats. 1984, Ch. 193, Sec. 25.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 1.5 - Produce Carrying Pesticide Residue › ARTICLE 6 - Abatement as Public Nuisance › Section 12641.

12641. As used in this article, “nuisance” means the public nuisance which is specified in Section 12642.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 1.5 - Produce Carrying Pesticide Residue › ARTICLE 6 - Abatement as Public Nuisance › Section 12642.

12642. Any lot of produce which is found to carry pesticide residue in excess of any maximum which is provided in this chapter, or in excess of a permissible tolerance, together with its containers, is a public nuisance, and if not disposed of pursuant to Article 5 (commencing with Section 12601) of this chapter, is subject to disposal on complaint of the director to a court of competent jurisdiction.
(Amended by Stats. 1983, Ch. 717, Sec. 11.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 1.5 - Produce Carrying Pesticide Residue › ARTICLE 6 - Abatement as Public Nuisance › Section 12643.

12643. The district attorney of the county in which the nuisance is found, at the request of the director, shall maintain, in the name of the people of the State of California, a civil action to abate and prevent the nuisance.
(Amended by Stats. 1967, Ch. 26.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 1.5 - Produce Carrying Pesticide Residue › ARTICLE 6 - Abatement as Public Nuisance › Section 12644.

12644. Upon judgment and by order of the court, the nuisance shall be condemned and destroyed in the manner directed by the court, or denatured or otherwise processed, or released upon such conditions as the court in its discretion may impose to insure that the nuisance shall be abated.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 1.5 - Produce Carrying Pesticide Residue › ARTICLE 6 - Abatement as Public Nuisance › Section 12645.

12645. If the owner fails to comply with the order of the court within the time which is specified in the order, the court may order the disposal or sale of the produce or containers which are a nuisance, under the terms and conditions as the court may prescribe, by the director, or by the sheriff or marshal.
(Amended by Stats. 1996, Ch. 872, Sec. 29. Effective January 1, 1997.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 1.5 - Produce Carrying Pesticide Residue › ARTICLE 6 - Abatement as Public Nuisance › Section 12646.

12646. If the court orders the sale of any of the produce or containers which can be salvaged, the costs of disposal shall be deducted from the proceeds of sale and the balance paid into court for the owner.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 1.5 - Produce Carrying Pesticide Residue › ARTICLE 6 - Abatement as Public Nuisance › Section 12647.

12647. A proceeding pursuant to this article where the value of the property seized amounts to thirty-five thousand dollars ($35,000) or less is a limited civil case.
(Amended by Stats. 2023, Ch. 861, Sec. 10. (SB 71) Effective January 1, 2024.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 1.5 - Produce Carrying Pesticide Residue › ARTICLE 6 - Abatement as Public Nuisance › Section 12648.

12648. (a) Notwithstanding any other provision of this code, a site within this state that has been treated with, or a plant, crop, or commodity, whether grown in this state or elsewhere, that has been treated with, or grown on a site treated with, a pesticide that is not registered for use on that plant, crop, commodity, or site is a public nuisance and may be seized by order of the director.
(b) The unlawful treatment described in subdivision (a) creates, in favor of the director, rebuttable presumptions affecting the burden of producing evidence pursuant to Section 604 of the Evidence Code as follows:
(1) That the treated plant, crop, commodity, or site, or any plant, crop, or commodity grown on the treated site, presents a hazard to human health or the environment.
(2) That the pesticide was used to gain an unfair business advantage for the owner or person in possession or control of the plant, crop, commodity, or site.
(c) The director shall provide notice to the owner or person in possession or control of the plant, crop, commodity, or site prior to seizure, unless the director has reason to believe that prior notice would result in the loss of control by the director of that plant, crop, commodity, or site, in which case notice shall be given as soon as practical, but in any event within five days of the seizure. The notice shall specify the grounds for the seizure and provide that the owner or person in possession or control, within 15 days of receipt of the notice, may request a hearing before the director to contest the seizure or rebut the presumptions specified in subdivision (b). The hearing shall be held not later than five days from the date the request of the owner or person is received by the director. The director shall render a written decision within five days of the hearing or within five days of the expiration of the time to request a hearing if no hearing was requested. The decision shall either release the plant, crop, commodity, or site from seizure or make any of the following orders:
(1) Destruction of the plant, crop, or commodity.
(2) Prohibition of harvest or sale of the plant, crop, or commodity grown on the site.
(3) Prohibition of the use or planting of the site, which may be for the period of any plant back time specified for the pesticide used on the site.
(4) Any other appropriate action or measure.
(d) Review of the decision of the director may be sought by the owner or person in possession or control of the plant, crop, commodity, or site pursuant to Section 1094.5 of the Code of Civil Procedure.
(Amended by Stats. 1997, Ch. 17, Sec. 42. Effective January 1, 1998.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 1.5 - Produce Carrying Pesticide Residue › ARTICLE 6 - Abatement as Public Nuisance › Section 12648.5.

12648.5. (a) It is unlawful for the owner of a plant, crop, or commodity to knowingly treat or apply to that plant, crop, or commodity, or cause that plant, crop, or commodity to be treated or applied, with a pesticide that was stolen or otherwise acquired by illegal means.
(b) The owner of a crop, who is found by a court to have violated this section, in addition to any other penalties imposed by a court, shall be subject to a fine of ten thousand dollars ($10,000) plus an amount equal to one-half the value of the crop on which the illegally obtained pesticide was applied.
(c) For purposes of this section, “one-half the value of the crop” means one-half the market value of the crop that was actually treated with the illegally obtained pesticide as determined by the actual sale of the crop or, if the crop is not actually sold, as determined by the director based on an average of the typical market value for such a crop sold in the normal channels of trade in the year in which the crop was produced and in the preceding two years.
(d) Moneys received as a result of fines and penalties imposed pursuant to this section shall be divided and distributed as follows:
(1) Fifty percent to the county in which the case was brought to court or in which a court-approved settlement of the matter was negotiated.
(2) Twenty-five percent to the office of the county agricultural commissioner.
(3) Twenty-five percent to the department.
(Amended by Stats. 1996, Ch. 361, Sec. 24. Effective January 1, 1997.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 1.5 - Produce Carrying Pesticide Residue › ARTICLE 6 - Abatement as Public Nuisance › Section 12648.6.

12648.6. Any person who is licensed pursuant to this code and who is found by a court to have knowingly sold, applied, or provided pesticides that were stolen or otherwise obtained illegally, in addition to any other penalty that may be imposed, shall have his or her license or licenses suspended for a minimum of 18 months.
(Amended by Stats. 1996, Ch. 361, Sec. 25. Effective January 1, 1997.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 1.5 - Produce Carrying Pesticide Residue › ARTICLE 6 - Abatement as Public Nuisance › Section 12649.

12649. The director may bring an action to enjoin the violation or the threatened violation of any order made pursuant to Section 12648 in the superior court in the county in which the order was issued or the violation has occurred or is threatening to occur. The court may enjoin the violation or threatened violation upon this showing and without evidence of irreparable injury. The court may compel specific performance of any acts or course of conduct necessary to implement any order made pursuant to Section 12648.
(Added by Stats. 1988, Ch. 908, Sec. 3.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 1.5 - Produce Carrying Pesticide Residue › ARTICLE 7 - Violations › Section 12671.

12671. It is unlawful for any person to pack, ship, or sell any produce that carries pesticide residue in excess of the permissible tolerance which is established by the director pursuant to this chapter.
(Amended by Stats. 1983, Ch. 717, Sec. 12.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 1.5 - Produce Carrying Pesticide Residue › ARTICLE 7 - Violations › Section 12672.

12672. The director or commissioner may prohibit the harvest of any produce or may seize and hold any lot of produce when a preharvest interval specified in the registered labeling of a pesticide applied to the produce has not been complied with. Except as provided in Section 12673, this harvest prohibition shall not extend beyond the expiration of the preharvest interval. Lots of produce so seized shall be held until the preharvest interval has expired and the director has determined that any pesticide residue is within a permissible tolerance.
(Amended by Stats. 1990, Ch. 288, Sec. 3.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 1.5 - Produce Carrying Pesticide Residue › ARTICLE 7 - Violations › Section 12673.

12673. The director or commissioner may prohibit the harvest of any produce that carries pesticide residue in excess of a permissible tolerance which is established by the director pursuant to this chapter.
(Amended by Stats. 1983, Ch. 717, Sec. 13.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 1.5 - Produce Carrying Pesticide Residue › ARTICLE 7 - Violations › Section 12674.

12674. It is unlawful for any person to harvest, pack, ship, sell, transport, destroy, or dispose of any plant, crop, or commodity which has been seized pursuant to Section 12648, except in accordance with the decision of the director issued pursuant to Section 12648, unless the person otherwise has received written permission from the director.
(Added by Stats. 1988, Ch. 908, Sec. 4.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 2 - Pesticides › ARTICLE 1 - Definitions › Section 12752.

12752. “Defoliating” includes killing or artifically accelerating the drying of plant tissues, with or without causing abscission.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 2 - Pesticides › ARTICLE 1 - Definitions › Section 12753.

12753. “Pesticide” includes any of the following:
(a) Any spray adjuvant.
(b) Any substance, or mixture of substances which is intended to be used for defoliating plants, regulating plant growth, or for preventing, destroying, repelling, or mitigating any pest, as defined in Section 12754.5, which may infest or be detrimental to vegetation, man, animals, or households, or be present in any agricultural or nonagricultural environment whatsoever.
(Amended by Stats. 1996, Ch. 361, Sec. 27. Effective January 1, 1997.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 2 - Pesticides › ARTICLE 1 - Definitions › Section 12754.

12754. “Insect” means any animal within the class of animals which are known as “Insecta” or any similar animal such as a centipede, spider, mite, tick, or louse.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 2 - Pesticides › ARTICLE 1 - Definitions › Section 12754.5.

12754.5. “Pest” means any of the following that is, or is liable to become, dangerous or detrimental to the agricultural or nonagricultural environment of the state:
(a) Any insect, predatory animal, rodent, nematode, or weed.
(b) Any form of terrestrial, aquatic, or aerial plant or animal, virus, fungus, bacteria, or other microorganism (except viruses, fungi, bacteria, or other microorganisms on or in living man or other living animals).
(c) Anything that the director, by regulation, declares to be a pest.
(Added by Stats. 1988, Ch. 161, Sec. 2. Effective June 10, 1988. Note: See this section as modified on July 17, 1991, in Governor's Reorganization Plan No. 1 of 1991.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 2 - Pesticides › ARTICLE 1 - Definitions › Section 12755.

12755. “Registrant” means a person that has registered a pesticide and has obtained a certificate of registration from the department.
(Amended by Stats. 1996, Ch. 361, Sec. 28. Effective January 1, 1997.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 2 - Pesticides › ARTICLE 1 - Definitions › Section 12756.

12756. “Regulating plant growth” means the use of any substance or mixture of substances intended, through physiological action, for accelerating or retarding the rate of growth or rate of maturation, or for otherwise altering the behavior of plants or the produce thereof.
However, it shall not include the use of substances to the extent that they are intended as plant nutrients, trace elements, nutritional chemicals, plant inoculants, and soil amendments.
Also, “regulating plant growth” shall not be required to include at all the use of any of such of those nutriment mixtures or soil amendments as are commonly known as vitamin-hormone horticultural products, intended for improvement, maintenance, survival, health, and propagation of plants and are not for pest destruction and are nontoxic, nonpoisonous in the undiluted packaged concentration.
(Repealed and added by Stats. 1974, Ch. 686.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 2 - Pesticides › ARTICLE 1 - Definitions › Section 12757.

12757. “Rodent” means all members of the order Rodentia and all rabbits and hares.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 2 - Pesticides › ARTICLE 1 - Definitions › Section 12757.5.

12757.5. “Service container” means any container, other than the original labeled container of a registered pesticide provided by the registrant, that is utilized to hold, store, or transport the pesticide or the use-dilution of the pesticide.
(Amended by Stats. 1996, Ch. 361, Sec. 29. Effective January 1, 1997.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 2 - Pesticides › ARTICLE 1 - Definitions › Section 12758.

12758. “Spray adjuvant” means any wetting agent, spreading agent, deposit builder, adhesive, emulsifying agent, deflocculating agent, water modifier, or similar agent, with or without toxic properties of its own, which is intended to be used with another pesticide as an aid to the application or effect of the other pesticide, and sold in a package that is separate from that of the pesticide other than a spray adjuvant with which it is to be used.
(Amended by Stats. 1996, Ch. 361, Sec. 30. Effective January 1, 1997.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 2 - Pesticides › ARTICLE 1 - Definitions › Section 12758.5.

12758.5. “Use-dilution” means a dilution specified on the label or labeling that produces the concentration of the pesticide for a particular purpose or effect.
(Amended by Stats. 1996, Ch. 361, Sec. 31. Effective January 1, 1997.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 2 - Pesticides › ARTICLE 2 - General Provisions › Section 12782.

12782. A copy of the regulations which are adopted by the director pursuant to this chapter shall be mailed to each registrant promptly upon promulgation of the regulation. The failure to receive such copy is no defense to a violation of any regulation.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 2 - Pesticides › ARTICLE 2 - General Provisions › Section 12783.

12783. Any person who is charged with the enforcement or execution of this chapter shall not be directly or indirectly interested in the sale, manufacture, or distribution of any pesticide.
(Amended by Stats. 1996, Ch. 361, Sec. 32. Effective January 1, 1997.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 2 - Pesticides › ARTICLE 2 - General Provisions › Section 12784.

12784. Any money that is received by the director pursuant to this chapter shall be paid into the State Treasury to the credit of the Department of Pesticide Regulation Fund. Registration fees and assessments received pursuant to this chapter shall be expended only for the administration and enforcement of Chapter 2 (commencing with Section 12751), Chapter 3 (commencing with Section 14001), and Chapter 3.5 (commencing with Section 14101) of Division 7.
(Amended by Stats. 1997, Ch. 695, Sec. 17. Effective January 1, 1998.)