reglab/statecodes huggingface dataset:
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 2 - Pesticides › ARTICLE 17 - Healthy Schools Act of 2000 › Section 13181.

13181. (a) Notwithstanding any other law, for purposes of this article, “integrated pest management” means a pest management strategy that focuses on long-term prevention or suppression of pest problems through a combination of techniques such as monitoring for pest presence and establishing treatment threshold levels, using nonchemical practices to make the habitat less conducive to pest development, improving sanitation, and employing mechanical and physical controls. Pesticides that pose the least possible hazard and are effective in a manner that minimizes risks to people, property, and the environment, are used only after careful monitoring indicates they are needed according to preestablished guidelines and treatment thresholds. This definition shall apply only to integrated pest management at school facilities and child day care facilities.
(b) For purposes of this article “IPM coordinator” has the same meaning as school designee or IPM coordinator, as those terms are defined in subdivision (e) of Section 17609 of the Education Code.
(Amended by Stats. 2014, Ch. 848, Sec. 10. (SB 1405) Effective January 1, 2015.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 2 - Pesticides › ARTICLE 17 - Healthy Schools Act of 2000 › Section 13182.

13182. It is the policy of the state that effective least toxic pest management practices should be the preferred method of managing pests at schoolsites and that the state, in order to reduce children’s exposure to toxic pesticides, shall take the necessary steps, pursuant to this article, to facilitate the adoption of effective least toxic pest management practices at schoolsites. It is the intent of the Legislature that all school personnel involved in the application of pesticides at a schoolsite be trained in integrated pest management and the safe use of pesticides in relation to the unique nature of schoolsites and children’s health.
(Amended by Stats. 2014, Ch. 848, Sec. 11. (SB 1405) Effective January 1, 2015.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 2 - Pesticides › ARTICLE 17 - Healthy Schools Act of 2000 › Section 13183.

13183. (a) The department shall promote and facilitate the voluntary adoption of integrated pest management programs for schoolsites, excluding privately operated child day care facilities, as defined in Section 1596.750 of the Health and Safety Code, that voluntarily choose to do so. For these schoolsites, the department shall do all of the following:
(1) Establish an integrated pest management program for schoolsites consistent with Section 13181. In establishing the program, the department shall:
(A) Develop criteria for identifying least-hazardous pest control practices and encourage their adoption as part of an integrated pest management program at each schoolsite.
(B) Develop a model program guidebook that prescribes essential program elements for schoolsites that have adopted a least-hazardous integrated pest management program. At a minimum, this guidebook shall include guidance on all of the following:
(i) Adopting an IPM policy.
(ii) Selecting and training an IPM coordinator.
(iii) Identifying and monitoring pest populations and damage.
(iv) Establishing a community-based school district advisory committee.
(v) Developing a pest management plan for making least-hazardous pest control choices.
(vi) Contracting for integrated pest management services.
(vii) Training and licensing opportunities.
(viii) Establishing a community-based right-to-know standard for notification and posting of pesticide applications.
(ix) Recordkeeping and program review.
(C) Develop a template for an integrated pest management plan to be used by schoolsites or school districts. The template shall outline a strategy for integrated pest management as described in Section 13181.
(2) Make the model program guidebook available to schoolsites and establish a process for systematically updating the guidebook and supporting documentation.
(b) The department shall promote and facilitate the voluntary adoption of integrated pest management programs at child day care facilities, as defined in Section 1596.750 of the Health and Safety Code, through the following:
(1) Modifying the department’s existing integrated pest management program for schoolsites as described in subdivision (a) of Section 13183 for the child day care setting.
(2) Creating or modifying existing educational and informational materials on integrated pest management for the child day care setting.
(3) Making the materials available to child day care facilities and establishing a process for systematically updating them.
(c) The department shall develop a training course to train any person who intends to apply pesticides on a schoolsite. The training course shall cover integrated pest management and the safe use of pesticides in relation to the unique nature of schoolsites and children’s health. The training course shall be provided by the department or an agent authorized by the department.
(Amended by Stats. 2014, Ch. 848, Sec. 12. (SB 1405) Effective January 1, 2015.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 2 - Pesticides › ARTICLE 17 - Healthy Schools Act of 2000 › Section 13184.

13184. (a) In implementing Section 13183, the department shall establish and maintain an Internet Web site as a comprehensive directory of resources describing and promoting least-hazardous practices at schoolsites. The Web site shall also make available an electronic copy of the model program guidebook, its updates, and supporting documentation. The department shall also establish and maintain on its Web site an easily identified link that provides the public with all appropriate information regarding the public health and environmental impacts of pesticide active ingredients and ways to reduce the use of pesticides at school facilities.
(b) It is the intent of the Legislature that the state assist school districts to ensure that compliance with Section 17612 of the Education Code is simple and inexpensive. The department shall include in its Web site Internet-based links that allow schools to properly identify and list the active ingredients of pesticide products they expect to be applied during the upcoming year. Use of these links by schools is not mandatory but shall be made available to all schools at no cost. The department shall ensure that adequate resources are available to respond to inquiries from school facilities or districts regarding the use of integrated pest management practices.
(Amended by Stats. 2011, Ch. 296, Sec. 106. (AB 1023) Effective January 1, 2012.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 2 - Pesticides › ARTICLE 17 - Healthy Schools Act of 2000 › Section 13185.

13185. (a) The department shall establish an integrated pest management training program in order to facilitate the adoption of a model IPM program and least-hazardous pest control practices by schoolsites. In establishing the IPM training program, the department shall do all of the following:
(1) Adopt a “train-the-trainer” approach, whenever feasible, to rapidly and broadly disseminate program information.
(2) Develop curricula and promote ongoing training efforts in cooperation with the University of California and the California State University.
(3) Prioritize outreach on a regional basis first and then to school districts. For outreach to child day care facilities, the department shall participate in existing trainings that provide opportunities for disseminating program information broadly on a regional basis.
(b) Nothing in this article shall preclude a schoolsite from adopting stricter pesticide use policies.
(Amended by Stats. 2006, Ch. 865, Sec. 5. Effective January 1, 2007.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 2 - Pesticides › ARTICLE 17 - Healthy Schools Act of 2000 › Section 13186.5.

13186.5. (a) Commencing July 1, 2016, and except as provided in subdivision (b), a school designee, as defined in Section 17609 of the Education Code, and any person, including, but not necessarily limited to, a schoolsite or school district employee, who, in the course of his or her work, intends to apply a pesticide at a schoolsite subject to this article, shall annually complete a training course provided by the department or an agent authorized by the department. The training course shall include integrated pest management and the safe use of pesticides in relation to the unique nature of schoolsites and children’s health.
(b) (1) Commencing July 1, 2016, any person hired to apply a pesticide at a schoolsite subject to this article shall complete at least a one-hour training course in integrated pest management and the safe use of pesticides in relation to the unique nature of schoolsites and children’s health before applying pesticides at a schoolsite subject to this article and during each subsequent licensing period in which the person applies a pesticide at a schoolsite subject to this article. The training course may be applied to his or her professional continuing education requirement required by the Structural Pest Control Board or the department.
(2) The training course required by paragraph (1) shall be developed by the department and may also be developed by a provider approved by the Structural Pest Control Board if the training course has been approved by the department.
(3) The department shall ensure that the training course it develops or approves pursuant to paragraph (2) meets the requirements for continuing education credit required by the Structural Pest Control Board and the department.
(Amended by Stats. 2015, Ch. 303, Sec. 175. (AB 731) Effective January 1, 2016.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 2 - Pesticides › ARTICLE 17 - Healthy Schools Act of 2000 › Section 13187.

13187. Sections 13186 and 13186.5 shall not apply to any agency signatory to a cooperative agreement with the State Department of Public Health pursuant to Section 116180 of the Health and Safety Code.
(Amended by Stats. 2014, Ch. 848, Sec. 14. (SB 1405) Effective January 1, 2015.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 2 - Pesticides › ARTICLE 17 - Healthy Schools Act of 2000 › Section 13188.

13188. The Director of Pesticide Regulation may adopt regulations to implement this article.
(Added by Stats. 2000, Ch. 718, Sec. 3. Effective January 1, 2001.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 2 - Pesticides › ARTICLE 18 - Contamination of Compost › Section 13190.

13190. (a) “Clopyralid” means 3,6-dichloro-2-pyridinecarboxylic acid.
(b) “Compost” means the product resulting from the controlled biological decomposition of organic wastes that are source separated from the municipal solid waste stream, or that are separated at a centralized facility.
(c) “Department” means the Department of Pesticide Regulation.
(d) “Herbicide” means a pesticide, as defined in Section 12753, that is intended to kill weeds.
(e) “Lawn and turf use” means a residential or nonresidential use of an herbicide on lawn and turf, including, but not limited to, lawn and turf located at schools, parks, office buildings and golf courses. Lawn and turf use does not include use of an herbicide on lawn and turf located in turf farms, uncultivated open space, agricultural rangeland or cultivated farmland.
(f) “Persistent residues in compost” means residues of an herbicide in compost at levels and in a form with the potential to be toxic or injurious to plants.
(g) “Plants” means desirable vegetation, except weeds.
(h) “Weed” means any plant that grows where not wanted, as defined in Section 12759.
(Added by Stats. 2002, Ch. 591, Sec. 3. Effective January 1, 2003.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 2 - Pesticides › ARTICLE 18 - Contamination of Compost › Section 13191.

13191. (a) No person, except a pest control dealer licensed pursuant to Chapter 7 (commencing with Section 12101) of Division 6 of the Food and Agricultural Code, may sell a pesticide that contains the active ingredient clopyralid.
(b) Pesticides containing the active ingredient clopyralid that are labeled for use on lawns and turf, including golf courses, may only be sold to qualified applicators licensed pursuant to Chapter 8(commencing with Section 12201) of Division 6 of the Food and Agricultural Code or issued a certificate pursuant to Chapter 3 (commencing with Section 14151) of Division 7 of the Food and Agricultural Code.
(Added by Stats. 2002, Ch. 591, Sec. 3. Effective January 1, 2003.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 2 - Pesticides › ARTICLE 18 - Contamination of Compost › Section 13192.

13192. Not later than April 1, 2003, the department shall, pursuant to Sections 12824 and 12825, do both of the following:
(a) Determine in writing those lawn and turf uses of the herbicide clopyralid for which there is no reasonable likelihood that the specified use will result in persistent residues in compost.
(b) Take either of the following actions:
(1) Impose appropriate restrictions on the lawn and turf uses of the herbicide clopyralid that are not identified in the determination made pursuant to subdivision (a).
(2) Cancel any lawn and turf use that the department determines is likely to result in persistent residues in compost.
(Added by Stats. 2002, Ch. 591, Sec. 3. Effective January 1, 2003.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 3 - Restricted Materials › ARTICLE 1 - Generally › Section 14001.

14001. The director shall control and otherwise regulate the use of restricted materials found to meet the criteria of Section 14004.5.
(Repealed and added by Stats. 1971, Ch. 1276.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 3 - Restricted Materials › ARTICLE 1 - Generally › Section 14002.

14002. This chapter applies to all agencies of the United States and the State of California and its subdivisions or to their officers, agents, or employees. Nothing in this section affects the liability of a public entity under Section 862 of the Government Code.
(Amended by Stats. 1976, Ch. 1223.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 3 - Restricted Materials › ARTICLE 1 - Generally › Section 14003.

14003. This article does not relieve any person from liability for any damage to the person or property of another person which is caused by the use of any restricted material.
(Amended by Stats. 1971, Ch. 1276.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 3 - Restricted Materials › ARTICLE 1 - Generally › Section 14004.

14004. The director, and the commissioner of each county under the direction and supervision of the director, shall enforce this chapter and the regulations issued pursuant to it.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 3 - Restricted Materials › ARTICLE 1 - Generally › Section 14004.5.

14004.5. The director shall, by regulation, designate and establish as necessary to carry out the purposes of this division, a list of restricted materials based upon, but not limited to, any of the following criteria:
(a) Danger of impairment of public health.
(b) Hazards to applicators and farmworkers.
(c) Hazards to domestic animals, including honeybees, or to crops from direct application or drift.
(d) Hazard to the environment from drift onto streams, lakes, and wildlife sanctuaries.
(e) Hazards related to persistent residues in the soil resulting ultimately in contamination of the air, waterways, estuaries or lakes, with consequent damage to fish, wild birds, and other wildlife.
(f) Hazards to subsequent crops through persistent soil residues.
(Amended by Stats. 1985, Ch. 256, Sec. 1.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 3 - Restricted Materials › ARTICLE 1 - Generally › Section 14005.

14005. Except as provided in subdivision (d) of Section 14006.6, the director shall adopt regulations which govern the possession and use of any restricted material which he or she finds and determines is injurious to the environment or to any person, animal, crop, or other property.
(Amended by Stats. 1986, Ch. 1266, Sec. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 3 - Restricted Materials › ARTICLE 1 - Generally › Section 14006.

14006. The regulations shall prescribe the time when, and the conditions under which, a restricted material may be used or possessed in different areas of the state, and may prohibit its use or possession in those areas. This usage shall be limited to those situations in which it is reasonably certain that no injury will result, or no nonrestricted material or procedure is equally effective and practical. They may provide that a restricted material shall be used only under permit of the commissioner or under the direct supervision of the commissioner, subject to any of the following limitations:
(a) In certain areas.
(b) Under certain conditions relating to safety.
(c) When used in excess of certain quantities or concentrations.
(d) When used in certain mixtures.
(e) In compliance with the industrial safety orders of the Department of Industrial Relations and any order of the director or commissioner.
(f) On agreement by the owner or person in possession of the property to be treated to comply with certain conditions.
(g) Any other limitation the director determines to be necessary to effectuate the purposes of this chapter.
This section shall become operative on January 1, 1991.
(Repealed (in Sec. 7) and added by Stats. 1987, Ch. 1284, Sec. 8. Section operative January 1, 1991, by its own provisions.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 3 - Restricted Materials › ARTICLE 1 - Generally › Section 14006.5.

14006.5. Except as provided in Section 14006.6, no person shall use or possess any pesticide designated as a restricted material for any agricultural use except under a written permit of the commissioner. No permit shall be issued for any restricted material for use in any manner other than pursuant to its registration without the approval of the director. In addition, no permit shall be granted if the commissioner determines that the provisions of subdivision (a), (b), or (c) of Section 12825 would be applicable to the proposed use.
Before issuing a permit for any pesticide the commissioner shall consider local conditions including, but not limited to, the following:
(a) Use in vicinity of schools, dwellings, hospitals, recreational areas, and livestock enclosures.
(b) Problems related to heterogeneous planting of crops.
(c) Applications of materials known to create severe resurgence or secondary pest problems without compensating control of pest species.
(d) Meteorological conditions for use.
(e) Timing of applications in relation to bee activity.
(f) Provisions for proper storage of pesticides and disposal of containers.
Each permit issued for any pesticide shall include conditions for use in writing.
(Amended by Stats. 1983, Ch. 378, Sec. 1.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 3 - Restricted Materials › ARTICLE 1 - Generally › Section 14006.6.

14006.6. (a) A permit shall not be required for the agricultural use of any pesticide not designated as a restricted material unless the commissioner determines that its use will present an undue hazard when used under local conditions.
(b) Permits for the use of pesticides shall not be required of persons found to be qualified by the director who are engaged in experimentation or research on the use of pesticides, where no charge is made to the person in charge of the property treated.
(c) A permit shall not be required for the possession of pesticides by a registrant, as defined in Section 12755, or by a licensed pest control dealer when operating pursuant to the registration or the license; by commercial warehouses storing pesticides; or for the possession and use of these materials when specifically exempted by regulation of the director in cases in which the mitigation measures provided by the permit system are not necessary to avoid injury to the environment or to any person, animal, crop, or property.
(d) Permits for the use of pesticides shall not be required of persons operating pursuant to a license issued under Chapter 14 (commencing with Section 8500) of Division 3 of the Business and Professions Code.
(Amended by Stats. 1993, Ch. 620, Sec. 25. Effective January 1, 1994.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 3 - Restricted Materials › ARTICLE 1 - Generally › Section 14006.7.

14006.7. The director shall designate, by regulation, a list of “exempt materials” for which the director finds additional restrictions, other than registration and labeling requirements, are not necessary to carry out the purposes of this chapter. The exempt materials may be used without a permit if the use conforms with the registered label or printed instructions.
(Amended by Stats. 1985, Ch. 256, Sec. 3.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 3 - Restricted Materials › ARTICLE 1 - Generally › Section 14007.

14007. (a) Every permit that is issued under the regulations adopted pursuant to this chapter is conditioned upon compliance with this code and regulations adopted pursuant thereto and upon other specified conditions that may be required to accomplish the purposes of this chapter.
(b) Any permit may be issued for a one-year period. Permits issued for perennial agricultural plantings, nonproduction agricultural sites, or nonagricultural sites may be issued for up to a three-year period.
(c) The permittee or a designated agent shall report immediately any change in the information submitted or pertinent to the issuance of a valid permit to the appropriate commissioner.
(Amended by Stats. 1996, Ch. 435, Sec. 8. Effective January 1, 1997.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 3 - Restricted Materials › ARTICLE 1 - Generally › Section 14008.

14008. Any permit may be refused, revoked, or suspended for violation of any of the conditions of the permit, or of a previous permit, or for violation of any provision of this division or of the regulations that are issued pursuant to it, or for the failure to pay a civil penalty or comply with any lawful order of the commissioner, once that order is final.
(Amended by Stats. 2000, Ch. 806, Sec. 7. Effective January 1, 2001.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 3 - Restricted Materials › ARTICLE 1 - Generally › Section 14009.

14009. (a) Any interested person may request the commissioner to review his or her action in issuing, refusing, revoking, suspending, or conditioning a permit to use or possess a restricted material. The commissioner shall review the request and issue a written decision in response to the request to review within 10 days of receipt of the request, or as soon as practicable. The commissioner may affirm, modify, or cancel the permit action reviewed. A directly affected person may thereafter appeal to the director to review the commissioner’s action.
(b) The commissioner and director shall conduct each review in an expeditious manner so that needed pest control measures are not adversely affected.
(c) Each request for review shall be submitted in writing to the commissioner by the person requesting the review and shall include all of the following:
(1) The location of persons, property, or areas that would be affected and the location of property to be treated.
(2) The name of the restricted material involved.
(3) The name and address of the person in charge of the property to be treated, if different from the person filing the request for review.
(4) Any other information that the person filing the request for review or the commissioner determines to be relevant.
(d) In an appeal of a commissioner’s action to the director, the issues are limited to any of the following:
(1) Whether the proposed permit use is consistent with applicable pesticide label restrictions and applicable regulations.
(2) Whether the commissioner properly considered the provisions of Section 14006.5.
(3) Whether the commissioner abused his or her discretion in issuing, refusing, revoking, or conditioning the permit.
(e) The director shall act on these appeals within 10 days of receipt thereof or as soon thereafter as is practicable. The director may stay the operation of a permit until his or her review is complete.
(f) (1) Prior to conducting a public review, the director shall notify directly affected persons at least 72 hours in advance of the location and time of the public review.
(2) Before acting on an appeal, the director shall, in a specified location open to the public, review the information provided to him or her as specified in this section if requested to do so in writing by any interested person.
(3) The director may request additional testimony or other evidence specified in this section at the public review from interested persons.
(g) Judicial review of any decision by the director pursuant to this section shall be pursuant to Section 1094.5 of the Code of Civil Procedure. Review shall be limited to whether the proposed permit use is consistent with applicable pesticide label restrictions and regulations and whether the director abused his or her discretion.
(Amended by Stats. 1996, Ch. 435, Sec. 9. Effective January 1, 1997.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 3 - Restricted Materials › ARTICLE 1 - Generally › Section 14010.

14010. It is unlawful for any person to sell or deliver any restricted material to any person that is required by regulations adopted by the director to have a permit to possess or use the restricted material unless the permittee, or the permittee’s agent to whom delivery is made, provides to the seller or the person delivering the restricted material a copy of a permit which authorizes possession or use of the kind and quantity of the restricted material on the date the restricted material is delivered.
(Amended by Stats. 1987, Ch. 507, Sec. 1.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 3 - Restricted Materials › ARTICLE 1 - Generally › Section 14011.

14011. It is unlawful for any person to apply any restricted material for which regulations have been adopted except as provided in the regulations which are adopted by the director.
(Amended by Stats. 1971, Ch. 1276.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 3 - Restricted Materials › ARTICLE 1 - Generally › Section 14011.5.

14011.5. Except as may be provided in regulations adopted by the director, a pesticide use report shall be submitted to the commissioner, on a form prescribed by the director, within seven days after each use of a restricted material.
(Added by Stats. 1980, Ch. 926. Effective September 18, 1980.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 3 - Restricted Materials › ARTICLE 1 - Generally › Section 14012.

14012. (a) Any person who is required to register pesticides under Article 4 (commencing with Section 12811) of Chapter 2, and who sells or transfers any restricted material, shall keep accurate records of the amount and type of material involved in every sale or transfer of any restricted material. The records shall be open during ordinary business hours to the inspection of the director.
(b) Each commissioner shall submit to the director a copy of each pesticide use report received pursuant to Section 14011.5, and any other relevant information the director may require. Copies of the reports from the commissioners shall be rendered to the director within one calendar month after they are received.
The contents of these reports shall be summarized quarterly by the director as to the type of material and amounts, and the summaries shall be made a public record. The director may publish or distribute the summaries.
(Amended by Stats. 1996, Ch. 361, Sec. 94. Effective January 1, 1997.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 3 - Restricted Materials › ARTICLE 1 - Generally › Section 14015.

14015. Except as provided by regulation adopted by the director, a restricted material shall only be possessed or used by, or under the direct supervision of, a private applicator, who is certified pursuant to Section 14093, or a certified commercial applicator, as defined by Section 6000 of Title 3 of the California Code of Regulations.
(Added by Stats. 1995, Ch. 705, Sec. 2. Effective January 1, 1996.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 3 - Restricted Materials › ARTICLE 1.5 - Pesticides › Section 14021.

14021. (a) As used in this article, “pesticide” is defined in Section 12753.
(b) For purposes of this article, “toxic air contaminant” means an air pollutant that may cause or contribute to an increase in mortality or an increase in serious illness, or which may pose a present or potential hazard to human health. Pesticides that have been identified as hazardous air pollutants pursuant to Section 7412 of Title 42 of the United States Code shall be identified by the director as toxic air contaminants.
(Amended by Stats. 1996, Ch. 361, Sec. 95. Effective January 1, 1997.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 3 - Restricted Materials › ARTICLE 1.5 - Pesticides › Section 14025.

14025. Any person may petition the department to review a determination made pursuant to this article. The petition shall specify the additional scientific evidence regarding the health effects of a pesticide which was not available at the time the original determination was made and any other evidence which would justify a revised determination.
(Added by Stats. 1983, Ch. 1047, Sec. 2.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 3 - Restricted Materials › ARTICLE 1.5 - Pesticides › Section 14026.

14026. Nothing in this article shall be construed to limit or expand the department’s authority regarding pesticides which are not determined to be toxic air contaminants.
(Added by Stats. 1983, Ch. 1047, Sec. 2.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 3 - Restricted Materials › ARTICLE 1.5 - Pesticides › Section 14027.

14027. (a) Notwithstanding Section 12998, any person who violates any rule or regulation, emission limitation, or permit condition adopted pursuant to this article is liable for a civil penalty not to exceed ten thousand dollars ($10,000) for each day in which the violation occurs. In assessing a civil penalty under this article, the court shall consider the appropriateness of the penalty with respect to the following factors:
(1) The size of the business of the person being charged.
(2) The gravity of the violation.
(3) The good faith of the person being charged.
(4) The history of previous violations.
Any money recovered under this section shall be paid into the Department of Food and Agriculture Fund for use by the department in administering this division and Division 6 (commencing with Section 11401).
(b) Liability may be imposed under subdivision (a) only if the department establishes that the violation was caused by an act which was the result of intentional or negligent conduct by the person accused of the violation.
(Added by Stats. 1984, Ch. 1380, Sec. 4. 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 3 - Restricted Materials › ARTICLE 2 - ,4-D and Other Herbicides › Section 14031.

14031. As used in this article, “2,4-D” means any form of 2,4-dichlorophenoxyacetic acid.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 3 - Restricted Materials › ARTICLE 2 - ,4-D and Other Herbicides › Section 14032.

14032. Except as otherwise provided in this article and in the regulations which are adopted by the director, it is unlawful for any person to use any form of 2,4-D or any other herbicide which the director finds and determines, after hearing, is injurious to any crop.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 3 - Restricted Materials › ARTICLE 2 - ,4-D and Other Herbicides › Section 14033.

14033. The director shall adopt regulations that govern the use of 2,4-D and any other herbicide which he finds and determines is injurious to any crop that is being grown in any area of the state. The regulations of the director may prescribe the time when, and the conditions under which, a restricted herbicide may be used in different areas of the state. They may provide that a restricted herbicide shall be used only under permit of the commissioner or under the direct supervision of the commissioner, subject to any of the following limitations:
(a) In certain areas.
(b) In excess of certain quantities or concentrations.
(Amended by Stats. 2000, Ch. 806, Sec. 8. Effective January 1, 2001.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 3 - Restricted Materials › ARTICLE 2 - ,4-D and Other Herbicides › Section 14034.

14034. This article does not relieve any person from liability for any damage to the property of another person which is caused by the use of any herbicide which is named in the regulations which are adopted 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 3 - Restricted Materials › ARTICLE 3 - Compound 1080 › Section 14061.

14061. As used in this article, “Compound 1080” means sodium fluoroacetate or any preparation of sodium fluoroacetate.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 3 - Restricted Materials › ARTICLE 3 - Compound 1080 › Section 14062.

14062. Except as otherwise provided in this article, it is unlawful for any person to sell, use, or possess any Compound 1080.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 3 - Restricted Materials › ARTICLE 3 - Compound 1080 › Section 14063.

14063. Subject to regulations of the director, any of the following persons may sell, use, or possess Compound 1080 for the purposes or uses that are specified:
(a) Any federal, state, county, or municipal officer or employee, in his or her official capacity, or any person under the immediate supervision of that officer or employee, may possess Compound 1080 for use for pest control purposes.
(b) Any research or chemical laboratory may possess Compound 1080 for use for the purposes of the laboratory.
(c) Any person duly licensed as a structural pest control operator under Chapter 14 (commencing with Section 8500), Division 3 of the Business and Professions Code, may possess Compound 1080 for use in his or her business.
(d) Any wholesaler or jobber of any pesticide may sell Compound 1080 to any person included within the above classifications, or for export.
(Amended by Stats. 1996, Ch. 361, Sec. 96. Effective January 1, 1997.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 3 - Restricted Materials › ARTICLE 4 - Methyl Bromide and Chloropicrin › Section 14081.

14081. The director, after investigation and hearing, shall adopt regulations by April 1, 1989, which govern the use of methyl bromide and chloropicrin as field fumigants.
(Added by Stats. 1988, Ch. 606, Sec. 2.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 3 - Restricted Materials › ARTICLE 4 - Methyl Bromide and Chloropicrin › Section 14082.

14082. The director may prescribe the time when, and the conditions under which, methyl bromide and chloropicrin may be used in different areas of the state.
(Added by Stats. 1988, Ch. 606, Sec. 2.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 3.4 - Private Applicator Certification › Section 14090.

14090. It is unlawful for a private applicator to possess, use, or supervise the use of a restricted material in accordance with Section 14015 unless that person has a valid private applicator certificate.
(Added by Stats. 1995, Ch. 705, Sec. 3. Effective January 1, 1996. Section operative January 1, 1997, pursuant to Section 14099.5.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 3.4 - Private Applicator Certification › Section 14091.

14091. The application for a private applicator certificate or a renewal of the certificate shall be on a form prescribed by the director. Each application shall state the name and address of the applicant and any other information required by the director.
(Added by Stats. 1995, Ch. 705, Sec. 3. Effective January 1, 1996. Section operative January 1, 1997, pursuant to Section 14099.5.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 3.4 - Private Applicator Certification › Section 14092.

14092. (a) Applicants shall be examined on the requirements of statutes and regulations concerning pesticide use and pest control operations, including, but not limited to, knowledge of all of the following:
(1) Label directions and restrictions on use.
(2) Calibration.
(3) Pest control equipment.
(4) Pest problems and identification.
(5) Worker protection, including protective clothing and equipment.
(6) Environmentally sensitive areas.
(b) The examination shall be in written form and shall be prepared by the director and administered by the commissioner, or the director in any county where there is no commissioner.
(c) A passing score for the examination is 70 percent or above.
(Amended by Stats. 2022, Ch. 60, Sec. 18. (AB 203) Effective June 30, 2022.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 3.4 - Private Applicator Certification › Section 14093.

14093. The commissioner, or the director in any county where there is no commissioner, shall issue a private applicator certificate to each applicant who passes the examination.
(Added by Stats. 1995, Ch. 705, Sec. 3. Effective January 1, 1996. Section operative January 1, 1997, pursuant to Section 14099.5.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 3.4 - Private Applicator Certification › Section 14094.

14094. If a passing score of 70 percent is not achieved, the applicant may not retake the examination for seven calendar days.
(Added by Stats. 1995, Ch. 705, Sec. 3. Effective January 1, 1996. Section operative January 1, 1997, pursuant to Section 14099.5.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 3.4 - Private Applicator Certification › Section 14095.

14095. A private applicator certificate shall be issued for a period of three years except that the initial term of a private applicator certificate shall expire as follows:
(a) Certificates issued to private applicators on or after January 1, 1997, with surnames beginning with A to H, inclusive, shall expire on December 31 of each third year following December 31, 1997.
(b) Certificates issued to private applicators on or after January 1, 1997, with surnames beginning with I to Q, inclusive, shall expire on December 31 of each third year following December 31, 1998.
(c) Certificates issued to private applicators on or after January 1, 1997, with surnames beginning with R to Z, inclusive, shall expire on December 31 of each third year following December 31, 1999.
(Added by Stats. 1995, Ch. 705, Sec. 3. Effective January 1, 1996. Section operative January 1, 1997, pursuant to Section 14099.5.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 3.4 - Private Applicator Certification › Section 14096.

14096. Certified private applicators may renew their certificate for a period of three years by completing the continuing education requirement as prescribed by the director, by regulation, or by passing an examination.
(Added by Stats. 1995, Ch. 705, Sec. 3. Effective January 1, 1996. Section operative January 1, 1997, pursuant to Section 14099.5.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 3.4 - Private Applicator Certification › Section 14097.

14097. The commissioner, or the director in a county where there is no commissioner, may establish a program to certify employees other than the operator of the property, or other than the operator’s authorized representative. The commissioner’s or the director’s program shall be conducted in accordance with this chapter.
(Added by Stats. 1995, Ch. 705, Sec. 3. Effective January 1, 1996. Section operative January 1, 1997, pursuant to Section 14099.5.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 3.4 - Private Applicator Certification › Section 14098.

14098. (a) A private applicator certificate may be refused, revoked, or suspended by the commissioner or director for any of the following reasons:
(1) Failure to comply with any applicable provision of this division or any regulation adopted pursuant thereto.
(2) Failure to supervise the use of a restricted material in a manner that ensures compliance with this division or any regulation adopted pursuant thereto.
(3) Making any false or fraudulent report.
(b) Any action by the commissioner or the director pursuant to subdivision (a) may be appealed in a manner consistent with the procedures for appealing the suspension of a restricted material permit as prescribed in Section 11512.5.
(Added by Stats. 1995, Ch. 705, Sec. 3. Effective January 1, 1996. Section operative January 1, 1997, pursuant to Section 14099.5.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 3.4 - Private Applicator Certification › Section 14099.5.

14099.5. This chapter shall become operative on January 1, 1997.
(Added by Stats. 1995, Ch. 705, Sec. 3. Effective January 1, 1996. Note: This section prescribes a delayed operative date for Chapter 3.4, commencing with Section 14090.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 3.5 - Environmentally Harmful Material › ARTICLE 1 - Definitions › Section 14101.

14101. As used in this division, “environment” means the aggregate of all factors that influence the conditions of life in or about the state or within any portion thereof, and which are affected by the use of pesticides or related materials within the state.
(Amended by Stats. 1996, Ch. 361, Sec. 97. Effective January 1, 1997.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 3.5 - Environmentally Harmful Material › ARTICLE 2 - General Provisions › Section 14102.

14102. The director shall prohibit or regulate the use of environmentally harmful materials, pursuant to the provisions of Chapters 2 (commencing with Section 12751) and 3 (commencing with Section 14001) of this division. In so doing, he shall consider the effect of all such materials upon the environment, and shall take whatever steps he deems necessary to protect the environment. He shall also continue to initiate, cooperate, and collaborate with the University of California and with other state agencies in research designed to reduce and eliminate the use of environmentally harmful materials.
(Added by Stats. 1969, Ch. 1169.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 3.5 - Environmentally Harmful Material › ARTICLE 2 - General Provisions › Section 14103.

14103. In establishing criteria and regulations relating to environmental injury and protection, and in conducting the reviews required in Chapters 2 and 3, the director shall consult with representatives of the Water Resources Control Board, the Departments of Public Health, Fish and Game and Conservation, and four outside experts of his selection from the fields of agricultural, biological, ecological, and medical sciences.
(Added by Stats. 1969, Ch. 1169.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 3.6 - Qualified Applicator Certificates › Section 14151.

14151. The director may, by regulation, specify the pesticide applications that shall be made by or under the supervision of a person holding a valid qualified applicator certificate.
(Added by Stats. 1986, Ch. 503, Sec. 15.)