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 14 - Birth Defect Prevention › Section 13127.3.

13127.3. (a) The director shall grant an extension of time for submission of the required data if, and only if, the director, with the concurrence of the Secretary for Environmental Protection, makes a finding that both of the following conditions are satisfied:
(1) The registrant has submitted at least eight of the mandatory health effects studies, and has initiated the studies required to fill the remaining data gaps by January 15, 1992, unless the registrant can demonstrate to the satisfaction of the director that it failed to have eight studies submitted, and the remaining studies initiated, in accordance with this paragraph because not more than two studies were delayed due to specific, written direction of the department based upon a written evaluation by a department toxicologist.
(2) That the registrant has taken appropriate steps to meet the requirements of this article. To determine whether appropriate steps have been taken, the director shall consider the registrant’s timely response to data call-ins on other active ingredients contained in products registered with the department pursuant to this article and pursuant to Article 15 (commencing with Section 13141), and whether the registrant has responded in a timely and appropriate manner to notices and correspondence from the department relating to data call-ins and has taken appropriate measures to address study deficiencies identified by the department.
(b) A registrant shall not be considered to have taken the appropriate steps, as provided in subdivision (a), if the registrant has failed to meet the deadlines established by this article due to efforts to coordinate compliance with federal data requirements.
(Amended by Stats. 1992, Ch. 706, Sec. 15. Effective September 15, 1992.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 2 - Pesticides › ARTICLE 14 - Birth Defect Prevention › Section 13127.31.

13127.31. Notwithstanding subdivision (a) of Section 13127.3, if the director finds that delays in submitting the mandatory health effects studies were primarily caused by actions of the department, the director, with the concurrence of the Secretary for Environmental Protection, may extend the deadlines for submitting the mandatory health effects studies for the following active ingredients creosote, pentachlorophenol, dicamba, para-dichlorobenzene, methyl bromide, napropamide, petroleum distillates, and arsenic pentoxide/trioxide. Registrants of these products shall submit the required studies in a timely manner, but in no case later than the time allowed in Section 13127.92.
(Added by Stats. 1991, Ch. 1228, Sec. 3.5.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 2 - Pesticides › ARTICLE 14 - Birth Defect Prevention › Section 13127.32.

13127.32. Notwithstanding any other provision of law, none of the following pesticide products shall remain registered in this state:
(a) Except as specified in subdivision (b), no pesticide product containing an active ingredient identified pursuant to subdivision (a) of Section 13127 for which the required studies have not been submitted by March 30, 1996, shall remain registered after that date.
(b) No pesticide product containing methyl bromide or pentachlorophenol for which the required studies have not been submitted by December 31, 1997, shall remain registered after that date.
(Repealed and added by Stats. 1996, 3rd Ex. Sess., Ch. 1, Sec. 4. Effective June 14, 1996.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 2 - Pesticides › ARTICLE 14 - Birth Defect Prevention › Section 13127.5.

13127.5. (a) The director, with the concurrence of the Secretary for Environmental Protection, may defer the suspension of registration of a pesticide product, as provided in Section 13127.2, if both of the following occur:
(1) The director receives a petition from the registrant or any other person requesting a deferral of suspension.
(2) The director makes a written finding of one of the following:
(A) Suspension of the registration of the product would cause substantial economic hardship to the users of the product, that there would be no significant, unmitigated human exposure to the product, and that no feasible alternatives to the product are available.
(B) Suspension of the registration of the product would be more detrimental to the agricultural or nonagricultural environment than continued use of the product, that there would be no significant, unmitigated human exposure to the product, and that no feasible alternatives to the product are available.
(C) Suspension of the registration of the product would result in significant risk to the public health and that no feasible alternatives to the product are available.
(b) The director shall limit the use of any product granted a deferral of suspension pursuant to paragraph (2) of subdivision (a) to specific uses that conform to the director’s findings pursuant to paragraph (2) of subdivision (a).
(Added by Stats. 1991, Ch. 1228, Sec. 5.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 2 - Pesticides › ARTICLE 14 - Birth Defect Prevention › Section 13127.6.

13127.6. The director shall levy a charge on data generators of up to one thousand dollars ($1,000) per day for each day a data gap continues to exist after the date the director issues a deferral of suspension of registration pursuant to Section 13127.5. In establishing the amount of the charge, the director shall consider the number of outstanding studies, the registrant’s timely response to data call-ins on other products registered with the department pursuant to this article, and whether the registrant has responded in a timely and appropriate manner to notices and correspondence from the department relating to data call-ins, and whether the registrant has taken appropriate measures to address study deficiencies identified by the department. If the charge levied on the data generator is not paid, all products containing that active ingredient shall be suspended. Revenues collected from the levying of charges shall be deposited in the Department of Pesticide Regulation Fund.
(Amended by Stats. 1992, Ch. 706, Sec. 16. Effective September 15, 1992.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 2 - Pesticides › ARTICLE 14 - Birth Defect Prevention › Section 13127.7.

13127.7. All documentation relevant to a finding made pursuant to Sections 13127.3 and 13127.5 shall be available to the public, and the findings shall be a public record.
(Added by Stats. 1991, Ch. 1228, Sec. 7.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 2 - Pesticides › ARTICLE 14 - Birth Defect Prevention › Section 13127.8.

13127.8. (a) A suspension of registration of a pesticide product containing any of the active ingredients identified pursuant to subdivision (a) of Section 13127 shall be revoked when the director determines that the registrant has submitted all of the mandatory health effects studies. If, upon completion of the review of the studies, the director determines that a data gap still exists, the director shall suspend the registration.
(b) If at any time after January 1, 1992, the registrant meets the requirements of subdivision (a) of Section 13127.3, notwithstanding the date specified in paragraph (1) of subdivision (a) of Section 13127.3, the director shall revoke the suspension, and shall levy a charge pursuant to Section 13127.6 or, if a charge has already been levied on a registrant, the director may revise the charge in light of the registrant’s compliance with the requirements of this article and Article 15 (commencing with Section 13141).
(c) The director may modify the amount of the charge levied pursuant to Section 13127.6 upon the initiation or submission of any health effects studies required pursuant to this article.
(Added by Stats. 1991, Ch. 1228, Sec. 8.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 2 - Pesticides › ARTICLE 14 - Birth Defect Prevention › Section 13127.9.

13127.9. For each mandatory health effects study that is required for each active ingredient identified pursuant to subdivision (a) of Section 13127, the registrant shall submit to the department a progress report in December of each year until the study is completed.
(Added by Stats. 1991, Ch. 1228, Sec. 9.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 2 - Pesticides › ARTICLE 14 - Birth Defect Prevention › Section 13127.91.

13127.91. The director shall suspend the registration of any pesticide product that contains an active ingredient identified pursuant to subdivision (a) of Section 13127 for which the registrant fails to do any of the following:
(a) Respond to the director’s notification of a data gap.
(b) Submit progress reports as required by Section 13127.9.
(c) Demonstrate reasonable progress toward completion of all the mandatory health effects studies.
(Added by Stats. 1991, Ch. 1228, Sec. 10.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 2 - Pesticides › ARTICLE 14 - Birth Defect Prevention › Section 13127.92.

13127.92. (a) Extensions of time granted pursuant to Sections 13127.3, 13127.31, and 13127.5 shall only be for the time necessary to complete the mandatory health effects studies.
(b) Mandatory health effects studies shall be completed in accordance with the following timetable:
(1) Forty-eight months for oncogenicity, chronic feeding, and reproduction studies.
(2) Twenty-four months for teratogenicity and neurotoxicity studies.
(3) Twelve months for mutagenicity studies.
(c) A deferral of suspension of registration issued pursuant to Section 13127.5 shall be subject to an annual review by the director and shall be limited to the time necessary to complete the required studies, and shall in no case exceed four years with the time tolling from the date that the registrant petitioned for an extension.
(d) Any extension of time for submission of the mandatory health effects studies granted pursuant to Section 13127.5 shall be canceled by June 15, 1993, and the registration suspended for the affected ingredient, if the registrant fails to initiate the required studies by June 15, 1992.
(Amended by Stats. 2006, Ch. 538, Sec. 199. 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 14 - Birth Defect Prevention › Section 13128.

13128. No applicant for registration or current registrant of a pesticide who proposes to purchase or purchases a registered pesticide from another producer in order to formulate the purchased pesticide into an end use product shall be required pursuant to Section 13127 to submit or cite mandatory health effect data pertaining to the safety of the purchased product or to offer to pay reasonable compensation for the use of any such data if the producer is engaged in fulfilling the requirements of Section 13127.
(Amended by Stats. 1989, Ch. 1083, Sec. 2. Effective September 30, 1989.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 2 - Pesticides › ARTICLE 14 - Birth Defect Prevention › Section 13129.

13129. (a) If the director, after evaluation of the health effects study of an active ingredient, finds that a pesticide product containing the active ingredient presents significant adverse health effects, including reproduction, birth defects, or infertility abnormalities, the director shall take cancellation or suspension action against the product pursuant to Section 12825 or 12826.
(b) The State Director of Health Services shall have access to mandatory health effects studies and other health effects studies on file at the Department of Food and Agriculture, and may, based upon the determination of the State Director of Health Services, provide advice, consultation, and recommendations concerning the risks to human health associated wth exposure to the substances tested.
(Added by Stats. 1984, Ch. 669, Sec. 1. 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 14 - Birth Defect Prevention › Section 13130.3.

13130.3. (a) Notwithstanding subdivision (b) of Section 13127, the time permitted by the director for submitting data to fill a data gap shall be as follows:
(1) For oncogenicity studies and chronic feeding studies, 48 months.
(2) For reproduction studies, 48 months.
(3) For teratogenicity and neurotoxicity studies, 24 months.
(4) For mutagenicity studies, 12 months.
The time permitted by the director for submitting data to fill a data gap shall commence upon the date the department notifies the registrant of the data gap.
(b) Notwithstanding the time limit established in subdivision (a) for submitting data to fill a data gap, the department may, with the concurrence of the Office of Environmental Health Hazard Assessment, grant an extension of time to complete the required studies, upon a written finding that events beyond the control of the persons responsible for submitting the data prevent submission of the data within the prescribed time, and that those persons have made a good faith effort to complete the studies within the prescribed time. Not more than one extension of time per data requirement may be granted to complete the required studies. The length of an extension granted pursuant to this subdivision shall be limited to the time necessary to complete the studies, not to exceed the length of time specified in subdivision (a) for conducting the studies.
(Added by Stats. 1991, Ch. 1228, Sec. 14.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 2 - Pesticides › ARTICLE 14 - Birth Defect Prevention › Section 13131.1.

13131.1. (a) Not later than March 1, 1992, the director shall notify registrants of the data requirements, and the guidelines the director intends to use in reviewing studies submitted pursuant to subdivision (b) of Section 13127, for all pesticide active ingredients other than those identified pursuant to subdivision (a) of Section 13127.
(b) Not later than 90 calendar days after the date of notification of the data requirements, each registrant shall do one of the following:
(1) Inform the department, in a manner prescribed by the director, of how the registrant will comply with the data requirements.
(2) File a written objection, accompanied by any supporting evidence and arguments, to all or part of the director’s notice of data requirements. The objection authorized by this paragraph shall be the exclusive opportunity for a registrant to object to the director’s notice of data requirements.
(c) The director may consider and grant a request by a registrant to initiate the studies necessary to comply with the data requirements in accordance with a schedule established by the United States Environmental Protection Agency. In no event shall a registrant be authorized pursuant to this subdivision to initiate the studies necessary for that compliance after January 1, 1994.
(Added by Stats. 1991, Ch. 1227, Sec. 4.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 2 - Pesticides › ARTICLE 14 - Birth Defect Prevention › Section 13131.2.

13131.2. (a) Prior to March 1, 1992, or in response to a written objection filed pursuant to paragraph (2) of subdivision (b) of Section 13131.1, the department may determine, with the concurrence of the Office of Environmental Health Hazard Assessment, that one or more of the mandatory health effects studies are not required in order to evaluate pesticide active ingredients other than those identified pursuant to subdivision (a) of Section 13127. This determination may be made only in accordance with one or more of the following criteria:
(1) The ingredient has been classified as “Generally Recognized as Safe” by the United States Food and Drug Administration.
(2) The study is not physically possible due to the nature of the ingredient.
(3) The department has on file toxicological data that is adequate for the assessment of the potential adverse health effects of the ingredient, and the studies relied upon for that purpose are of the same study type, are scientifically valid, and, when taken together, are of a power and sensitivity equivalent to the studies that would be waived pursuant to this subdivision.
(b) The director may, in conjunction with the Office of Environmental Health Hazard Assessment, develop regulations for modification of mandatory health effects studies.
(Added by Stats. 1991, Ch. 1227, Sec. 5.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 2 - Pesticides › ARTICLE 14 - Birth Defect Prevention › Section 13131.3.

13131.3. If the Office of Environmental Health Hazard Assessment does not concur with the determination of the department pursuant to Section 13131.2, the issue shall be decided by a majority of the membership of a panel consisting of the following persons:
(a) An appointee of the State Director of Health Services who has expertise in toxicology.
(b) An appointee of the President of the University of California who has expertise in toxicology.
(c) An appointee of the Secretary for Environmental Protection who has expertise in toxicology.
(Added by Stats. 1991, Ch. 1227, Sec. 6.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 2 - Pesticides › ARTICLE 14 - Birth Defect Prevention › Section 13131.4.

13131.4. (a) On or before January 1, 1994, the director shall issue a final notice of data gaps required to be filled for all pesticide active ingredients other than those identified pursuant to subdivision (a) of Section 13127. This notice shall be the department’s final determination of the data gaps required to be filled.
(b) The time allowed under Section 13130.3 to fill the data gaps shall commence on the date that the final notice of data gaps is issued pursuant to subdivision (a), unless an extension is granted pursuant to subdivision (b) of Section 13130.3.
(c) Not later than 90 calendar days after the date the final notice of data gaps is issued pursuant to subdivision (a), each registrant shall inform the department, in a manner prescribed by the director, how the registrant will fill the data gap, including a proposed schedule for initiation, completion, and submittal of all required studies.
(Added by Stats. 1991, Ch. 1228, Sec. 16.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 2 - Pesticides › ARTICLE 14 - Birth Defect Prevention › Section 13131.5.

13131.5. The director shall suspend the registration of any pesticide containing an active ingredient for which the director notifies a registrant pursuant to Section 13131.1 and for which the registrant or data generator, in the judgment of the director, fails to respond appropriately or fails to provide evidence that it is taking appropriate steps to secure the data that are required pursuant to Section 13131.1 or the final notice of data gaps pursuant to Section 13131.4.
(Added by Stats. 1992, Ch. 764, Sec. 1. Effective January 1, 1993.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 2 - Pesticides › ARTICLE 14 - Birth Defect Prevention › Section 13133.

13133. If any provision of this article or the application thereof to any person or circumstances is held invalid, this invalidity shall not affect other provisions or applications of the article which can be given effect without the invalid provision or application, and to this end the provisions of this article are severable.
(Added by renumbering Section 13132 (as renumbered from 13130 by Stats. 1991, Ch. 1227) by Stats. 1992, Ch. 427, Sec. 43. Effective January 1, 1993.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 2 - Pesticides › ARTICLE 14 - Birth Defect Prevention › Section 13135.

13135. The department and the State Department of Health Services shall jointly review the existing federal and state pesticide registration and food safety system and determine if the existing programs adequately protect infants and children from dietary exposure to pesticide residues. The review shall commence as early as possible in 1990, so that any policy or administrative adjustments determined to be necessary as a result of the joint review can be made on a timely basis. The department shall consult with the University of California and other qualified public and private entities in conducting the joint review. The joint review shall continue for a sufficient time in order to evaluate the report of infant exposure to pesticide residues, which is presently being undertaken by the National Academy of Sciences. Within six months of the official release of the National Academy of Sciences’ study, the department shall finalize a report describing the evaluation that was conducted pursuant to this section, including any recommendations for modification of the existing regulatory system in order to adequately protect infants and children.
(Amended by Stats. 2001, Ch. 745, Sec. 62. Effective October 12, 2001.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 2 - Pesticides › ARTICLE 15 - The Pesticide Contamination Prevention Act › Section 13141.

13141. The Legislature finds and declares all of the following:
(a) It is the right of every citizen in this state to drink safe, potable, wholesome, and pure drinking water.
(b) The health and economic prosperity of rural communities and individual farm families in the state are threatened by contaminated drinking water supplies because of their proximity to the use of pesticides.
(c) Pesticide contaminants and other organic chemicals are being found at an ever increasing rate in underground drinking water supplies.
(d) The United States Environmental Protection Agency has concluded that evidence of relatively localized levels of pesticide pollution should be treated as a warning of more widespread, future contamination.
(e) Groundwater once polluted cannot be easily cleaned up; thus, there is a considerable potential that groundwater pollution will continue long after actions have been taken to restrict application of the pesticide to land.
(f) Due to the potential widespread exposure to public drinking water supplies from pesticide applications to the land and the resultant risk to public health and welfare, the potential for pollution of groundwater due to pesticide use must be considered in the registration, renewal, and reregistration process.
(g) It is the purpose of this article to prevent further pesticide pollution of the groundwater aquifers of this state which may be used for drinking water supplies.
(Added by Stats. 1985, Ch. 1298, Sec. 1.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 2 - Pesticides › ARTICLE 15 - The Pesticide Contamination Prevention Act › Section 13142.

13142. For purposes of this article, the following definitions apply:
(a) “Active ingredient” has the same meaning as defined in Section 136 of Title 7 of the United States Code.
(b) “Agricultural use” has the same meaning as defined in Section 11408.
(c) “Board” means the State Water Resources Control Board.
(d) “Chemigation” means a method of irrigation whereby a pesticide is mixed with irrigation water before the water is applied to the crop or to the soil.
(e) “Degradation product” means a substance resulting from the transformation of a pesticide by physicochemical or biochemical means.
(f) “Groundwater protection data gap” means that, for a particular pesticide, the director, after study, has been unable to determine that each study required pursuant to subdivision (a) of Section 13143 has been submitted or that each study submitted pursuant to subdivision (a) of Section 13143 is valid, complete, and adequate.
(g) “Henry’s Law constant” is an indicator of the escaping tendency of dilute solutes from water and is approximated by the ratio of the vapor pressure to the water solubility at the same temperature.
(h) “Pesticide” is defined in Section 12753.
(i) “Pesticide registrant” means a person that has registered a pesticide pursuant to this chapter.
(j) “Pollute” means to introduce a pesticide product into the groundwaters of the state resulting in an active ingredient, other specified ingredient, or a degradation product of a pesticide above a level that does not cause adverse health effects, accounting for an adequate margin of safety.
(k) “Pollution” means the consequence of polluting.
(l) “Soil adsorption coefficient” is a measure of the tendency of pesticides, or their biologically active transformation products, to bond to the surfaces of soil particles.
(m) “Soil microbial zone” means the zone of the soil below which the activity of microbial species is so reduced that it has no significant effect on pesticide breakdown.
(Amended by Stats. 2014, Ch. 626, Sec. 1. (SB 1117) 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 15 - The Pesticide Contamination Prevention Act › Section 13144.

13144. (a) The department shall establish specific numerical values for water solubility, soil adsorption coefficient (Koc), hydrolysis, aerobic and anaerobic soil metabolism, and field dissipation. The values established by the department shall be at least equal to those established by the Environmental Protection Agency. The department shall revise the numerical values when the department finds that the revision is necessary to protect the groundwater of the state. The numerical values established or revised by the department shall always be at least as stringent as the values being used by the Environmental Protection Agency at the time the values are established or revised by the department.
(b) On or before December 31, 2004, and updated at least annually thereafter, the director shall post the following information on the department’s Internet Web site for each pesticide registered for agricultural use and during years that specific numerical values are revised:
(1) A list of each active ingredient, other specified ingredient, or degradation product of an active ingredient of a pesticide for which there is a groundwater protection data gap.
(2) The Groundwater Protection List established pursuant to subdivision (d) of Section 13145.
(3) For each pesticide listed pursuant to paragraph (2) for which information is available, a list of the amount sold in California during the most recent year for which sales information is available and where and for what purpose the pesticide was used, when this information is available in the pesticide use report.
(c) The department shall determine, to the extent possible, the toxicological significance of the pesticides listed in the Groundwater Protection List.
(Amended by Stats. 2014, Ch. 626, Sec. 2. (SB 1117) 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 15 - The Pesticide Contamination Prevention Act › Section 13146.

13146. (a) The director shall not register or renew the registration of a pesticide intended to be applied to or injected into the ground by ground-based application equipment or by chemigation after December 1, 1988, if there is a groundwater protection data gap for that pesticide, unless the registrant has been granted a current extension pursuant to Section 13143.
(b) The director shall not register or renew the registration of a pesticide intended for use with other than ground-based application equipment after December 1, 1989, if there is a groundwater protection data gap for that pesticide, unless the registrant has been granted a current extension pursuant to Section 13143.
(c) If a registrant does not comply with the information requirements of Section 13143, the department shall file the information requirements of Section 13143 in accordance with procedures provided in subparagraph (B) of paragraph (2) of subsection (c) of Section 136a of Title 7 of the United States Code. In order to carry out this section, the director has the same authority to require information from registrants of active pesticide ingredients that the administrator of the Environmental Protection Agency has pursuant to subparagraph (B) of paragraph (2) of subsection (c) of Section 136a of Title 7 of the United States Code. On or before July 1, 1986, the director shall, by regulation, prescribe procedures for resolving disputes or funding the filing of the information requirements of Section 13143. The procedures may include mediation and arbitration. The arbitration procedures, insofar as practical, shall be consistent with the federal act, or otherwise shall be in accordance with the commercial arbitration rules established by the American Arbitration Association. The procedures shall be established so as to resolve any dispute with the timetable established in Section 13143.
(d) For an active ingredient or pesticide for which a registrant or registrants do not provide the information required pursuant to Section 13143, the director may determine the active ingredient or pesticide to be critical to agricultural production and the director may utilize assessments charged to those registrants of the active ingredient for which the information is required pursuant to Section 13143 in amounts necessary to cover the department’s expenses in obtaining the information. The assessment shall be made pursuant to Section 12824. The director may also request an appropriation to be used in combination with assessments to obtain the required information.
(Amended by Stats. 1996, Ch. 361, Sec. 87. 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 15 - The Pesticide Contamination Prevention Act › Section 13147.

13147. The director shall annually request a budget appropriation in order to meet the reasonable and anticipated costs of conducting soil and water monitoring pursuant to Section 13148, a review of data submitted pursuant to Section 13143, and the administration of pesticides placed on the Groundwater Protection List pursuant to this article.
(Amended by Stats. 1996, Ch. 361, Sec. 88. 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 15 - The Pesticide Contamination Prevention Act › Section 13148.

13148. (a) In order to more accurately determine the mobility and persistence of the pesticides identified in the Groundwater Protection List, and to determine if these pesticides have migrated to groundwaters of the state, the director shall conduct soil and groundwater monitoring statewide in areas of the state where the pesticide is primarily used or where other factors identified pursuant to Section 13143 and the Groundwater Protection List, including physicochemical characteristics and use practices of the pesticides, indicate a probability that the pesticide may migrate to the groundwaters of the state. The department shall monitor for the active ingredient, other specified ingredient, or degradation product of the pesticide listed in the Groundwater Protection List. The monitoring shall commence within one year after the pesticide is placed on the Groundwater Protection List and shall be conducted in accordance with standard protocol and testing procedures established pursuant to subdivision (b). Monitoring programs shall replicate conditions under which the pesticide is normally used in the area of monitoring. In developing a monitoring program, the director shall coordinate with other agencies that conduct soil and groundwater monitoring.
(b) Within 90 days after a pesticide is placed on the Groundwater Protection List pursuant to subdivision (d) of Section 13145, the director, in consultation with the board, shall develop a standard protocol and testing procedure for each pesticide identified pursuant to subdivision (d) of Section 13145.
(c) The director shall report all monitoring results to the State Department of Public Health and the board.
(Amended by Stats. 2014, Ch. 626, Sec. 4. (SB 1117) 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 15 - The Pesticide Contamination Prevention Act › Section 13149.

13149. (a) Within 90 days after the active ingredient, other specified ingredient, or degradation product of a pesticide is detected under any of the conditions listed in paragraph (1) or (2), the director shall determine whether the detection resulted from agricultural use in accordance with state and federal laws and regulations, and shall state in writing the reasons for the determination.
(1) An active ingredient, other specified ingredient, or degradation product of a pesticide has been found at or below the deepest of the following depths:
(A) Eight feet below the soil surface.
(B) Below the root zone of the crop where the active ingredient, other specified ingredient, or degradation product was found.
(C) Below the soil microbial zone.
(2) An active ingredient, other specified ingredient, or degradation product of a pesticide has been found in the groundwaters of the state.
(b) Upon a determination by the director that a pesticide meets any of the conditions specified in paragraph (1) or (2) of subdivision (a) as a result of agricultural use in accordance with state and federal laws and regulations, the director shall immediately notify the registrant of the determination and of the registrant’s opportunity to request a hearing pursuant to subdivision (c).
(c) Any pesticide that meets any of the conditions in subdivision (b) shall be subject to Section 13150 if the registrant of the pesticide requests, within 30 days after the notice is issued, that the subcommittee conduct a hearing, as described in Section 13150. Notwithstanding any other law, if the registrant does not request the hearing within 30 days after the notice is issued, the director shall cancel the registration of the pesticide.
(d) For purposes of this section, any finding of a pesticide shall result from either an analytical method approved by the department that provides unequivocal identification of a chemical, such as mass spectroscopy, or from verification, within 30 days, by a second analytical method or a second analytical laboratory approved by the department.
(Amended by Stats. 2014, Ch. 626, Sec. 5. (SB 1117) 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 15 - The Pesticide Contamination Prevention Act › Section 13151.

13151. Any pesticide identified pursuant to Section 13149 that fails to meet any of the conditions of Section 13150 shall be canceled.
(Amended by Stats. 1996, Ch. 361, Sec. 92. 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 16 - The Interim Data Gap Exemption for Qualified Federally Registered Pesticides › Section 13161.

13161. For the purposes of this article, the following definitions apply:
(a) “Feasible alternative” means other chemical or nonchemical procedures that can reasonably accomplish the same pest control function as existing procedures with comparable effectiveness and reliability, taking into account economic, environmental, sociological, technological, and ecological factors, including impact on beneficial and other nontarget organisms, pest resistance to pesticides, and timeliness of control.
(b) “Pest management system” means a systematic approach to pest control that stresses the application of biological and cultural pest control techniques with the selective use of pesticides when necessary to achieve acceptable levels of control with the least possible harm to nontarget organisms and the environment as described in subdivision (f) of Section 11501.
(Added by Stats. 1993, Ch. 963, Sec. 2. Effective January 1, 1994.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 2 - Pesticides › ARTICLE 16 - The Interim Data Gap Exemption for Qualified Federally Registered Pesticides › Section 13162.

13162. The director may issue a certificate of interim registration allowing the sale and use of a pesticide that otherwise meets the requirements of this chapter if all of the following conditions are met:
(a) The certificate stipulates which of the California data requirements listed in Section 13163 are being deferred for completion during the time of interim registration.
(b) The certificate stipulates a period of time, not to exceed three years, for each deferral determined by the director as reasonably sufficient for the generation, submission, and review of the data.
(c) The certificate stipulates any limitations on the use of the pesticide that the director may deem appropriate pursuant to Section 13166 or on the sale of the pesticide.
(Added by Stats. 1993, Ch. 963, Sec. 2. Effective January 1, 1994.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 2 - Pesticides › ARTICLE 16 - The Interim Data Gap Exemption for Qualified Federally Registered Pesticides › Section 13163.

13163. In granting a certificate of interim registration, the director may defer no more than three of the following registration data requirements:
(a) Efficacy studies pursuant to Section 12824.
(b) KOW (octanol water partition coefficient) pursuant to paragraph (3) of subdivision (a) of Section 13143.
(c) Soil photolysis pursuant to paragraph (6) of subdivision (a) of Section 13143.
(d) A field dissipation study pursuant to paragraph (6) of subdivision (a) of Section 13143.
(e) A study pursuant to subdivision (a) of Section 13143 that will be redone to correct errors or a study conducted under California conditions or guidelines, if the weight of evidence from all other submitted data support a scientific judgment in favor of interim registration.
(Added by Stats. 1993, Ch. 963, Sec. 2. Effective January 1, 1994.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 2 - Pesticides › ARTICLE 16 - The Interim Data Gap Exemption for Qualified Federally Registered Pesticides › Section 13164.

13164. Consistent with the limitations of Section 13163, a registrant or a user group of any pesticide registered by the United States Environmental Protection Agency may apply for a California certificate of interim registration if the applicant does all of the following:
(a) The applicant provides information that the product would fill a need and significantly enhance a systems approach to pest management during the period the applicant completes requirements for a full California registration. Additionally, the information supporting an interim registration shall be based upon one or more of the following conclusions that the product will:
(1) Reduce risks to the public health, the pesticide workplace, or the environment by reducing the overall use of chemical controls within a pest management system.
(2) Reduce risks to the public health, the pesticide workplace, or the environment by providing a more benign alternative to an existing use pattern.
(3) Reduce risks of pest resistance problems such as loss of economic efficacy and increased amounts or frequency of chemical applications by providing better integrated management of a pest or pest complex.
(4) Reduce a substantial economic hardship to a segment of California’s agricultural industry due to a pest infestation for which there is no other feasible alternative.
(b) The applicant provides the director with all data that is required to support the federal and California registrations of the pesticide product, except the data which may be deferred pursuant to Section 13163, and any other available data that the director may deem appropriate.
(c) The applicant makes a commitment to generate all data required in California for a full certificate of registration within a reasonable period of time to be determined by the director and reflected in the certificate of interim registration. The written commitment shall identify the developing party or parties for each deferred data requirement within 90 days of the issuance of the certificate of interim registration and identify a schedule of quarterly progress reports that will be submitted.
(Added by Stats. 1993, Ch. 963, Sec. 2. Effective January 1, 1994.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 2 - Pesticides › ARTICLE 16 - The Interim Data Gap Exemption for Qualified Federally Registered Pesticides › Section 13165.

13165. Notwithstanding Section 13163, the director shall not grant a certificate of interim registration unless he or she consults with the Pesticide Registration and Evaluation Committee on the proposed interim registration, and makes a written finding, after consultation, declaring all of the following:
(a) That the pesticide is needed and will be a significant component of a pest management system as demonstrated by the applicant pursuant to subdivision (a) of Section 13164.
(b) That the interim use of the pesticide, in conformance with the limitations established by the director pursuant to Section 13166, is not expected to cause any significant adverse effect on the public health, the safety of the pesticide workplace, or the environment, including a finding that the pesticide does not threaten to pollute the groundwater of the state.
(c) That the weight of evidence supports a scientific judgment in favor of interim registration.
(Added by Stats. 1993, Ch. 963, Sec. 2. Effective January 1, 1994.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 2 - Pesticides › ARTICLE 16 - The Interim Data Gap Exemption for Qualified Federally Registered Pesticides › Section 13166.

13166. The director shall limit the use of any pesticide granted a certificate of interim registration to specific uses within a pest management system meeting the requirements of subdivision (a) of Section 13164. The director may place additional restrictions on the use of any pesticide granted a certificate of interim registration, including, but not limited to, requiring a restricted material permit or the written recommendation of a specially trained pest control advisor or specially trained certified private applicator, or limiting the quantity, area, and manner of application.
(Added by Stats. 1993, Ch. 963, Sec. 2. Effective January 1, 1994.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 2 - Pesticides › ARTICLE 16 - The Interim Data Gap Exemption for Qualified Federally Registered Pesticides › Section 13167.

13167. The director shall revoke or refuse to renew a certificate of interim registration at any time that he or she finds that the interim registration no longer meets all the requirements of this article, including the registrant’s failure to submit a progress report for any deferred study, a failure to show in the report that a good faith effort to complete an acceptable study is making satisfactory progress, or the period of time from the issuance of the certificate has exceeded the three year limit set forth in Section 13162. The director shall provide the registrant with the basis for the decision in writing.
(Added by Stats. 1993, Ch. 963, Sec. 2. Effective January 1, 1994.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 2 - Pesticides › ARTICLE 16 - The Interim Data Gap Exemption for Qualified Federally Registered Pesticides › Section 13168.

13168. The director may adopt regulations to carry out this article.
(Added by Stats. 1993, Ch. 963, Sec. 2. Effective January 1, 1994.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 2 - Pesticides › ARTICLE 16 - The Interim Data Gap Exemption for Qualified Federally Registered Pesticides › Section 13169.

13169. To the extent that this article conflicts with other provisions in Article 15 of this chapter, this article shall prevail. Unless otherwise specified in this article, a certificate of interim registration shall be subject to all other provisions governing certificates of registration in Division 6 (commencing with Section 11401) and this division.
(Added by Stats. 1993, Ch. 963, Sec. 2. Effective January 1, 1994.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 2 - Pesticides › ARTICLE 16 - The Interim Data Gap Exemption for Qualified Federally Registered Pesticides › Section 13170.

13170. The department shall impose a fee in an amount sufficient to cover the department’s costs of reviewing and processing the application on any person who applies for a certificate of interim registration pursuant to this article. Fee revenue shall be deposited in the Department of Pesticide Regulation Fund and shall be available, upon appropriation by the Legislature, to offset the department’s costs to process and review these applications.
(Added by Stats. 1993, Ch. 963, Sec. 2. Effective January 1, 1994.)
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 13180.

13180. This article, Article 4 (commencing with Section 17608) of Chapter 5 of Part 10.5 of the Education Code, and Article 2 (commencing with Section 105500) of Chapter 7 of Division 103 of the Health and Safety Code, shall be known and may be cited as the Healthy Schools Act of 2000.
(Added by Stats. 2000, Ch. 718, Sec. 3. Effective January 1, 2001.)