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2023 California Code › Food and Agricultural Code - FAC › DIVISION 6 - PEST CONTROL OPERATIONS › CHAPTER 2 - General Provisions › Section 11504.

11504. Prior to the adoption of regulations by a commissioner, a notice of intention to adopt regulations shall be published in the county, pursuant to Section 6061 of the Government Code, at least 10 days in advance of the time the regulations are to be adopted, amended, or repealed.
(Amended by Stats. 2011, Ch. 296, Sec. 105. (AB 1023) Effective January 1, 2012.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 6 - PEST CONTROL OPERATIONS › CHAPTER 2 - General Provisions › Section 11505.

11505. The notice of intention which is referred to in Section 11504 shall contain a statement of the time, place, and nature of proceedings for the adoption of the regulations, and either the express terms or an informative summary of the proposed regulations.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 6 - PEST CONTROL OPERATIONS › CHAPTER 2 - General Provisions › Section 11506.

11506. At least 10 days prior to the date set for the adoption, amendment, or repeal of the regulations, the commissioner shall mail a copy of the notice of intention to every person who has registered with the commissioner in the manner required by Article 2 (commencing with Section 11731), Chapter 4 of this division, and to any other interested person that has filed with the commissioner a request to receive a notice of such proceedings.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 6 - PEST CONTROL OPERATIONS › CHAPTER 2 - General Provisions › Section 11507.

11507. On the date and at the time and place designated in the notice of intention, the commissioner shall afford any interested person or his duly authorized representative, or both, the opportunity to present statements, arguments, or contentions in writing, with or without opportunity to present them orally.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 6 - PEST CONTROL OPERATIONS › CHAPTER 2 - General Provisions › Section 11509.

11509. In any hearing which is conducted pursuant to Section 11507, the commissioner or his duly authorized representative shall have authority to administer oaths or affirmations, and may continue or postpone such hearing, from time to time, to such time and at such place as he shall determine.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 6 - PEST CONTROL OPERATIONS › CHAPTER 2 - General Provisions › Section 11510.

11510. The regulations of the commissioner are subject to review and approval by the director as to reasonableness, and if approved they shall be filed with the director. The regulations shall become effective 30 days after they are approved by the director unless they are designated as emergency regulations.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 6 - PEST CONTROL OPERATIONS › CHAPTER 2 - General Provisions › Section 11511.

11511. If, in the opinion of the commissioner, the public health, welfare, or safety requires that any regulation take effect immediately he shall designate it as an emergency regulation and specify in writing the facts which constitute the necessity. An emergency regulation shall become effective on the date it is approved by the director.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 6 - PEST CONTROL OPERATIONS › CHAPTER 2 - General Provisions › Section 11512.

11512. Except as provided in Section 11512.5, the proceedings for all hearings conducted by the director pursuant to this division shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. The director shall have all of the powers which are granted in that chapter.
(Amended by Stats. 1987, Ch. 547, Sec. 1.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 6 - PEST CONTROL OPERATIONS › CHAPTER 2 - General Provisions › Section 11513.

11513. Any money which is derived under the provisions of Article 1 (commencing with Section 11701) of Chapter 4 and Article 1 (commencing with Section 11901) of Chapter 5 shall be paid into the State Treasury to the credit of the Department of Food and Agriculture Fund. Any money in the Department of Food and Agriculture Fund which is derived under the provisions of this division may be expended for the administration and enforcement of this division, notwithstanding any other provision of law which limits the expenditure of any such money to the specific purposes or to the administration or enforcement of each of these portions of this code separately.
(Amended by Stats. 1984, Ch. 193, Sec. 24. 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 6 - PEST CONTROL OPERATIONS › CHAPTER 2 - General Provisions › Section 11514.

11514. Whenever a decision of the director suspends for 30 days or less the license of a person licensed pursuant to Sections 11701 to 11709, inclusive, or Sections 11901 to 11913, inclusive, and such suspension becomes final, the licensee may, before the operative date of such suspension, petition the director for permission to make a monetary payment in lieu of serving all, or a portion, of the suspension. Upon receipt of such petition, the director may stay the suspension while he makes such investigation as he deems desirable and may grant the petition if he is satisfied (a) that the public health, safety and welfare will not be impaired by permitting the licensee to operate during the period set for suspension; (b) the payment of the sum of money will achieve the desired disciplinary purpose; and (c) that it will be possible to determine with reasonable accuracy from the records of the licensee the services which would have been performed under the privilege of the license during the period in which the license would have been suspended.
As to a licensee engaged for hire in the business of pest control, the monetary payment stated in the petition shall be in a specific amount, which is estimated to be the equivalent of 20 percent of the gross receipts of the licensee for each day of the suspension and shall not be less than two hundred fifty dollars ($250) nor more than two thousand five hundred dollars ($2,500).
As to a licensee licensed with a pest control aircraft pilot’s certificate, the monetary payment in the petition shall be in a specific amount, which is estimated to be the equivalent of 50 percent of the gross earnings of the licensee for all work performed by him under the privileges of the license for each day of the suspension and shall not be less than one hundred dollars ($100) nor more than one thousand dollars ($1,000).
When the decision provides that a portion of the suspension shall be stayed on probationary conditions, the petition shall not apply to the portion of the suspension which is so stayed, nor shall such portion be included in determining the 30-day limitation for eligibility of the petition.
If the petition is accepted, then upon payment by the licensee of the sum specified the director shall enter his order permanently staying all or a portion of the suspension in accordance with the petition.
All payments received pursuant to this section shall be credited to the Department of Agriculture Fund for use in the administration and enforcement of this division.
(Amended by Stats. 1979, Ch. 732. 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 6 - PEST CONTROL OPERATIONS › CHAPTER 2 - General Provisions › Section 11517.

11517. Any person whose license or certificate issued pursuant to this division, Chapter 3.4 (commencing with Section 14090), or Chapter 3.6 (commencing with Section 14151) of Division 7 is revoked, or whose application for such a license or certificate is denied for reasons other than his or her failure to satisfy examination requirements, is ineligible for a period of three years from the effective date of the decision to deny or revoke the license or certificate to apply or reapply as an individual, a business, or officer, director, administrator, or owner with a 10 percent or greater interest in a business, whichever is applicable, for the same kind of license or certificate or another license or certificate issued by the department if the grounds for the revocation or denial are determined by the department to be directly relevant to the functions, duties, or responsibilities of that other license or certificate.
(Amended by Stats. 1999, Ch. 609, Sec. 2. Effective January 1, 2000.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 6 - PEST CONTROL OPERATIONS › CHAPTER 2 - General Provisions › Section 11518.

11518. A commissioner accepting payment for pest control registrations or services by credit card or other payment device may impose a charge for costs incurred in connection with that form of payment and shall use his or her best efforts to minimize those costs. The terms “credit card” and “payment device” have the same meaning as defined in Section 6161 of the Government Code.
(Added by Stats. 1999, Ch. 889, Sec. 1. Effective January 1, 2000.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 6 - PEST CONTROL OPERATIONS › CHAPTER 3 - Exemptions › Section 11531.

11531. Except as provided in Chapter 6 (commencing with Section 12001), this division does not apply to any person while engaged in any of the following:
(a) Any activity that is defined as structural pest control and required to be licensed under Chapter 14 (commencing with Section 8500) of Division 3 of the Business and Professions Code.
(b) Preservative treatment of fabrics or structural materials.
(c) Household or industrial sanitation services.
(d) Seed treatment which is incidental to such person’s regular business.
(e) Live capture and removal or exclusion of vertebrate pests, bees, or wasps without the use of pesticides. Vertebrate pests include, but are not limited to, bats, raccoons, skunks, and squirrels, but do not include mice, rats, or pigeons. This section does not exempt a person from the provisions of Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code.
(Amended by Stats. 1995, Ch. 718, Sec. 5. Effective January 1, 1996.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 6 - PEST CONTROL OPERATIONS › CHAPTER 4 - Pest Control › ARTICLE 1 - Licenses and Permits › Section 11701.

11701. It is unlawful for a person to advertise, solicit, or operate as a pest control business, unless the person has a valid pest control business license issued by the director.
(Amended by Stats. 1996, Ch. 435, Sec. 2. Effective January 1, 1997.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 6 - PEST CONTROL OPERATIONS › CHAPTER 4 - Pest Control › ARTICLE 1 - Licenses and Permits › Section 11701.5.

11701.5. Every principal and branch office of a business licensed pursuant to Section 11701 shall have at least one person in a supervisory position who holds a qualified applicator license issued pursuant to Chapter 8 (commencing with Section 12201). The qualified applicator license shall include the categories of pest control activities supervised by that person who is employed by that business.
(Amended by Stats. 1993, Ch. 620, Sec. 6. Effective January 1, 1994.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 6 - PEST CONTROL OPERATIONS › CHAPTER 4 - Pest Control › ARTICLE 1 - Licenses and Permits › Section 11702.

11702. Applicants for a pest control business license shall do all of the following:
(a) Submit information to the director covering the applicant’s business and personal qualifications that the director requires.
(b) Designate in the application the qualified applicator who shall be responsible for the conduct of the principal office of the applicant and of each branch location.
(c) Satisfy the director of the responsibility of the applicant as to any of the following:
(1) Equipment and facilities.
(2) Financial ability to perform the work authorized by the license and to respond in damages for any illness, injury, or damage resulting from the work, which ability may be satisfied by insurance in a form satisfactory to the director insuring against liability for personal injury and property damage in an amount prescribed by regulation of the director. The amount shall be related to the volume and type of pest control operations for which the applicant is licensed to perform.
(3) Personal responsibility to conduct the business.
The director shall establish by regulation the general classes of pest control operations in which the applicant may be qualified.
Licensing by the director shall not derogate from the authority of commissioners stated in Sections 11731 to 11741, inclusive.
(Amended by Stats. 1993, Ch. 620, Sec. 7. Effective January 1, 1994.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 6 - PEST CONTROL OPERATIONS › CHAPTER 4 - Pest Control › ARTICLE 1 - Licenses and Permits › Section 11703.

11703. (a) Except as otherwise provided in Sections 11704 and 11707, the application shall be accompanied by a fee as prescribed by the director pursuant to Section 11502.5.
(b) If the applicant maintains any branch office in this state or outside this state and the applicant engages in the pest control business in this state from that branch office, the applicant shall pay an additional fee as prescribed by the director pursuant to Section 11502.5 for each of these branch offices.
(Amended by Stats. 2003, Ch. 741, Sec. 48. Effective January 1, 2004.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 6 - PEST CONTROL OPERATIONS › CHAPTER 4 - Pest Control › ARTICLE 1 - Licenses and Permits › Section 11704.

11704. (a) A person who is regularly engaged in the business of maintenance gardening and who desires to engage in pest control for hire incidental to that business shall qualify for a pest control business license in the maintenance gardener category by passing the certified commercial applicators examination in both the laws and regulation and the landscape maintenance categories.
(b) The maintenance gardener category shall be limited to pest control in ornamental and turf plantings indoors, in commercial parks, or surrounding structures. A contract or verification that the pest control operation is incidental and that maintenance gardening is the primary purpose shall be immediately submitted to the commissioner or director upon request.
(c) An application for a license limited to the maintenance gardener category shall be accompanied by a fee as prescribed by the director pursuant to Section 11502.5.
(Amended by Stats. 2003, Ch. 741, Sec. 49. Effective January 1, 2004.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 6 - PEST CONTROL OPERATIONS › CHAPTER 4 - Pest Control › ARTICLE 1 - Licenses and Permits › Section 11705.

11705. The director shall issue to each applicant that satisfies the requirements of this article a license that authorizes the applicant to perform the type or types of pest control activities specified in the license during the calendar years for which the license is issued, unless the license is sooner revoked or suspended.
(Amended by Stats. 2022, Ch. 60, Sec. 5. (AB 203) Effective June 30, 2022.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 6 - PEST CONTROL OPERATIONS › CHAPTER 4 - Pest Control › ARTICLE 1 - Licenses and Permits › Section 11706.

11706. The license may be renewed before its expiration through application in the form prescribed by the director and upon payment of the proper fee as prescribed by the director pursuant to Section 11502.5.
(Amended by Stats. 2022, Ch. 60, Sec. 6. (AB 203) Effective June 30, 2022.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 6 - PEST CONTROL OPERATIONS › CHAPTER 4 - Pest Control › ARTICLE 1 - Licenses and Permits › Section 11707.

11707. To any fee which is not paid by the date of expiration, there shall be added a penalty as prescribed by the director pursuant to Section 11502.5.
(Amended by Stats. 2003, Ch. 741, Sec. 50. Effective January 1, 2004.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 6 - PEST CONTROL OPERATIONS › CHAPTER 4 - Pest Control › ARTICLE 1 - Licenses and Permits › Section 11708.

11708. The director may refuse to grant any license and may revoke or suspend any license if the applicant or licensee:
(a) Does not have, or has not maintained at its principal office and at each branch location, a person who holds a qualified applicator license issued pursuant to Chapter 8 (commencing with Section 12201) to actively supervise all operations performed for each such location as prescribed by regulations of the director. This subdivision does not apply to businesses that are licensed only in the maintenance gardener category.
(b) Does not have, or has not maintained, adequate safe equipment and facilities to perform the operations undertaken or to be undertaken.
(c) Does not have adequately trained personnel to perform the operations undertaken or to be undertaken.
(d) Violates or permits the violation of any provision of this division and Division 7 (commencing with Section 12501) pertaining to pesticides or of any regulations adopted pursuant thereto by the director or any commissioner or any industrial safety order relating to pesticides issued by the Department of Industrial Relations.
(e) Fails to maintain and report to the director or commissioner, as required, information concerning pest control performed or authorized to be performed by the license or the registration of the commissioner.
Any hearing to deny, suspend, or revoke a license shall be heard under the Administrative Procedure Act, Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. However, if the director finds on the basis of affidavits submitted to him or her by the enforcement personnel provided in Section 11501.5, or by injured parties, that the protection of the public welfare or safety requires immediate action, the director may, without hearing, temporarily suspend or condition the license of any pest control operator and shall forthwith schedule the matter for hearing. The director may terminate the suspension of, or any condition placed upon, a license upon correction of the defects of equipment, establishment of adequate safety practices, or any other corrective action as he or she deems satisfactory to assure compliance with the requirements of statutes and regulations. In that event, the matter may proceed to hearing as though the license had not been suspended or the conditions placed upon it.
(Amended by Stats. 1993, Ch. 624, Sec. 2. Effective January 1, 1994.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 6 - PEST CONTROL OPERATIONS › CHAPTER 4 - Pest Control › ARTICLE 1 - Licenses and Permits › Section 11709.

11709. A person not regularly engaged in the business of pest control that operates only in the vicinity of his or her own property and for the accommodation of his or her neighbors is not required to pay the fee specified by Section 11703, but is required to procure a license. The person shall register with the commissioner as provided in Section 11732, and is subject to all other provisions of this division. The determination of the director that a person is engaged in the business of pest control beyond the vicinity of his or her own property or for the accommodation of others than his or her neighbors is final.
(Amended by Stats. 1983, Ch. 388, Sec. 1.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 6 - PEST CONTROL OPERATIONS › CHAPTER 4 - Pest Control › ARTICLE 1 - Licenses and Permits › Section 11710.

11710. A person that is regularly engaged in the business of tree surgery is not required to procure a license to remove diseased or infested tissues or apply disinfectants to wounds or cavities incidental to tree surgery. If such person desires to engage in any other pest control operation, he shall procure a license from the director, shall register with the commissioner as provided in Section 11732, and is subject to all other provisions of this division.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 6 - PEST CONTROL OPERATIONS › CHAPTER 4 - Pest Control › ARTICLE 1 - Licenses and Permits › Section 11711.

11711. Unless worker’s compensation insurance is not required, no license may be issued or renewed under this chapter to any person who is an employer, as defined in Section 3300 of the Labor Code, unless the application is accompanied by identification and the number and expiration date of the worker’s compensation insurance policy of the applicant or the applicant is a qualified self-insurer.
(Amended by Stats. 1976, Ch. 1079.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 6 - PEST CONTROL OPERATIONS › CHAPTER 4 - Pest Control › ARTICLE 2 - Registration › Section 11732.

11732. It is unlawful for any person to advertise, solicit, or operate as a pest control business in any county unless the person has registered with the commissioner for the current calendar year.
The registration shall be in the form prescribed by the commissioner and shall show all of the following information:
(a) Name and address of the registrant.
(b) Number and kind of units to be operated in the county.
(c) Type of pests that are intended to be controlled.
(d) Any other information as the commissioner may require.
(Amended by Stats. 2003, Ch. 366, Sec. 2. Effective January 1, 2004.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 6 - PEST CONTROL OPERATIONS › CHAPTER 4 - Pest Control › ARTICLE 2 - Registration › Section 11733.

11733. The registrant shall keep and maintain a record of each property treated that shows all the information required by the director or commissioner.
The registrant shall report the information to the commissioner or the director when and in the form as required.
(Amended by Stats. 1971, Ch. 1187.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 6 - PEST CONTROL OPERATIONS › CHAPTER 4 - Pest Control › ARTICLE 2 - Registration › Section 11734.

11734. The board of supervisors of any county may establish reasonable fees for the registration required under Section 11732. Payment of the fee shall be due by the date designated by the commissioner. However, registration fees for pest control businesses licensed pursuant to Section 11704 shall be that amount necessary to cover the costs of registration, but shall not exceed twenty-five dollars ($25) per year.
(Amended by Stats. 2000, Ch. 1000, Sec. 1. Effective January 1, 2001.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 6 - PEST CONTROL OPERATIONS › CHAPTER 4 - Pest Control › ARTICLE 2 - Registration › Section 11735.

11735. A pest control operator registration may be refused, revoked, or suspended by the commissioner, if the commissioner makes any of the following findings:
(a) That the equipment of the registrant or applicant is unsuitable.
(b) That the operators employed by him are incompetent or unqualified.
(c) That the registrant or the applicant has not complied with any provision of this division or of Division 7 (commencing with Section 12501) pertaining to pesticides, or with regulations adopted pursuant to the provisions, or with any lawful order of the commissioner.
(Amended (as amended by Stats. 1979, Ch. 660, Sec. 4) by Stats. 1982, Ch. 982, Sec. 4.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 6 - PEST CONTROL OPERATIONS › CHAPTER 4 - Pest Control › ARTICLE 2 - Registration › Section 11737.

11737. The commissioner or director may order any person or the agent or employee of any licensee or registrant or person, to cease operation of any equipment or facility which he finds unsuitable, or which he finds being operated in any of the following ways:
(a) By an incompetent or unqualified person.
(b) In violation of this division or Division 7 (commencing with Section 12501) relating to pesticides or any regulation issued thereunder or any regulation of the commissioner.
(c) In a manner or under conditions which may interfere with proper control of the pest for which treatment is applied.
(d) In a manner or under conditions which may cause injury, illness, or adverse effects to persons or animals, or cause damage to crops or property being treated, or to crops or property of others.
(Amended by Stats. 1971, Ch. 1187.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 6 - PEST CONTROL OPERATIONS › CHAPTER 4 - Pest Control › ARTICLE 2 - Registration › Section 11737.5.

11737.5. It is unlawful for any person to violate any order of a commissioner or the director made pursuant to Section 11737. The commissioner or director may bring an action to enjoin the violation or the threatened violation of any order made pursuant to Section 11737 in the superior court in the county in which the order was issued or the violation has occurred or is threatened, and the court may enjoin such violation or threatened violation upon such showing and without further evidence of irreparable injury. The court may compel specific performance of any acts or course of conduct necessary to protect persons, animals, crops, or property.
(Added by Stats. 1971, Ch. 1187.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 6 - PEST CONTROL OPERATIONS › CHAPTER 4 - Pest Control › ARTICLE 2 - Registration › Section 11738.

11738. The regulations of the commissioner may provide for the qualification, by examination or otherwise of the following persons:
(a) Registrants.
(b) Persons in charge of the pest control operations of registrants within the county.
(c) Persons employed by registrants to operate pest control equipment, other than aircraft, within the county.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 6 - PEST CONTROL OPERATIONS › CHAPTER 4 - Pest Control › ARTICLE 2 - Registration › Section 11739.

11739. The regulations of the commissioner may provide that it is a ground for cancellation of registration to operate pest control equipment within the county unless either:
(a) A person qualified pursuant to Section 11738 is in charge of the operations.
(b) Each unit which is operated within the county is under personal direction of a person qualified pursuant to Section 11738.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 6 - PEST CONTROL OPERATIONS › CHAPTER 4 - Pest Control › ARTICLE 2 - Registration › Section 11740.

11740. Any certificate of qualification which is issued pursuant to Section 11738 may be revoked or suspended, or its issuance or renewal refused, if the commissioner finds that the applicant or holder of the certificate is incompetent or has violated any provision of this division, or any regulation which is issued pursuant to it, or has not complied with any lawful order of the commissioner.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 6 - PEST CONTROL OPERATIONS › CHAPTER 4 - Pest Control › ARTICLE 3 - Report of Damage From Pesticides › Section 11761.

11761. Any person that alleges any loss, nonperformance, or damage as a result of the use or application of any pesticide, or of any substance, method, or device for pesticidal purposes; or for the purpose of preventing, destroying, repelling, mitigating, or correcting any disorder of plants; or for the purpose of inhibiting, regulating, stimulating, or otherwise altering plant growth by direct application to plants or soil shall, within 30 days from the time that the occurrence of such loss, nonperformance, or damage became known to such person, file with the commissioner of the county in which the loss, nonperformance, or damage, or some part of the loss, nonperformance, or damage, is alleged to have occurred, a verified report of the loss, nonperformance, or damage.
(Amended by Stats. 1974, Ch. 774.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 6 - PEST CONTROL OPERATIONS › CHAPTER 4 - Pest Control › ARTICLE 3 - Report of Damage From Pesticides › Section 11762.

11762. If a growing crop is alleged to have been damaged as a result of the activities which are described in Section 11761, the verified report of loss, nonperformance, or damage shall be filed prior to the time 50 percent of the crop is harvested, unless the loss, nonperformance, or damage is not known until after the crops are harvested.
(Amended by Stats. 1974, Ch. 774.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 6 - PEST CONTROL OPERATIONS › CHAPTER 4 - Pest Control › ARTICLE 3 - Report of Damage From Pesticides › Section 11763.

11763. The verified report of loss, nonperformance, or damage shall set forth, so far as known to the claimant, all of the following:
(a) Name and address of the claimant.
(b) Type, kind and location of property which is allegedly injured or damaged.
(c) Date the alleged loss, nonperformance, or damage occurred.
(d) Name of pest control operator that is allegedly responsible.
(e) Name of the owner or occupant of the property for whom the person or pest control operator was rendering labor or services.
(Amended by Stats. 1974, Ch. 774.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 6 - PEST CONTROL OPERATIONS › CHAPTER 4 - Pest Control › ARTICLE 3 - Report of Damage From Pesticides › Section 11764.

11764. The filing of the verified report, or the failure to file it, need not be alleged in any complaint which may be filed. The failure to file the verified report of loss, nonperformance, or damage is not a bar to the maintenance of a civil action for the recovery of damages for the loss, nonperformance, or damage.
(Amended by Stats. 1974, Ch. 774.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 6 - PEST CONTROL OPERATIONS › CHAPTER 4 - Pest Control › ARTICLE 3 - Report of Damage From Pesticides › Section 11765.

11765. The failure to file a verified report of loss is evidence that no loss, nonperformance, or damage occurred.
(Amended by Stats. 1974, Ch. 774.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 6 - PEST CONTROL OPERATIONS › CHAPTER 4 - Pest Control › ARTICLE 4 - Violations › Section 11791.

11791. It is unlawful for any person subject to this division to do any of the following:
(a) Make any false or fraudulent claim, or misrepresent the effects of material or method to be applied, apply any worthless or improper material, or otherwise engage in any unfair practices.
(b) Operate in a faulty, careless, or negligent manner.
(c) Refuse or neglect to comply with this division, or any regulation issued pursuant to this division, or any lawful order of the commissioner or the director.
(d) Refuse or neglect to keep and maintain the records which are required by this division, or to make reports when and as required.
(Amended by Stats. 1990, Ch. 1192, Sec. 1.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 6 - PEST CONTROL OPERATIONS › CHAPTER 4 - Pest Control › ARTICLE 4 - Violations › Section 11792.

11792. It is also unlawful for any person that is subject to this division to do any of the following:
(a) Make any false or fraudulent record or report.
(b) Operate in any county without first having registered with the commissioner.
(c) Operate equipment with incompetent or unqualified persons in charge of the equipment.
(d) Make any false or fraudulent statement, record, or report or use any fraud or misrepresentation in connection with meeting any license requirement found in this division.
(e) Cheat on or subvert a licensing examination. As used in this subdivision, “subvert” includes, but is not limited to, the unauthorized possession, reproduction, or distribution of any portion of the licensing examination.
(f) Fail to comply with the provisions of Chapter 3 (commencing with Section 14001) of Division 7.
(Amended by Stats. 2018, Ch. 92, Sec. 74. (SB 1289) Effective January 1, 2019.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 6 - PEST CONTROL OPERATIONS › CHAPTER 4 - Pest Control › ARTICLE 5 - Penalties and Injunctive Relief › Section 11891.

11891. Every person who violates this division, or any regulation issued pursuant to this division, is guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than five thousand dollars ($5,000) nor more than fifty thousand dollars ($50,000), or by imprisonment of not less than 10 days nor more than six months, or by both that fine and imprisonment. Each violation constitutes a separate offense.
(Amended by Stats. 2022, Ch. 574, Sec. 1. (AB 211) Effective September 27, 2022.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 6 - PEST CONTROL OPERATIONS › CHAPTER 4 - Pest Control › ARTICLE 5 - Penalties and Injunctive Relief › Section 11892.

11892. In lieu of seeking prosecution of any violation of this division as a misdemeanor, and the penalty prescribed in Section 11891, the director may prosecute civilly pursuant to Sections 11893 and 11894 or the commissioner may levy civil penalties pursuant to Section 12999.5.
(Amended by Stats. 1985, Ch. 943, Sec. 1.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 6 - PEST CONTROL OPERATIONS › CHAPTER 4 - Pest Control › ARTICLE 5 - Penalties and Injunctive Relief › Section 11893.

11893. Any person who violates this division, or any regulation issued pursuant to this division, is liable civilly in an amount not less than three thousand dollars ($3,000) nor more than thirty thousand dollars ($30,000) for each violation. Any money recovered under this section shall be paid into the Department of Pesticide Regulation Fund for use by the department in administering and enforcing this division pursuant to Section 11513, and in administering Division 7 (commencing with Section 12501).
(Amended by Stats. 2022, Ch. 574, Sec. 2. (AB 211) Effective September 27, 2022.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 6 - PEST CONTROL OPERATIONS › CHAPTER 4 - Pest Control › ARTICLE 5 - Penalties and Injunctive Relief › Section 11894.

11894. Upon a complaint by the director, the Attorney General may bring an action for civil penalties in any court of competent jurisdiction in this state against any person violating any provision of this division, or any regulation issued pursuant to it. The Attorney General may bring an action for civil penalties on his own initiative if, after examining the complaint and the evidence, he or she believes a violation has occurred.
(Added by Stats. 1978, Ch. 1051.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 6 - PEST CONTROL OPERATIONS › CHAPTER 4 - Pest Control › ARTICLE 5 - Penalties and Injunctive Relief › Section 11895.

11895. An action brought pursuant to this article shall be commenced by the director, the Attorney General, the district attorney, the city prosecutor, or the city attorney, as the case may be, within two years of the occurrence of the violation. However, when an investigation is completed and submitted to the director, the action shall be commenced within one year of that submission.
(Added by Stats. 1987, Ch. 791, Sec. 1.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 6 - PEST CONTROL OPERATIONS › CHAPTER 4 - Pest Control › ARTICLE 5 - Penalties and Injunctive Relief › Section 11895.5.

11895.5. The commissioner or director may bring an action to enjoin the violation or the threatened violation of any order made pursuant to this division in the superior court in the county in which the order is issued or the violation occurs or is threatened, and the court may enjoin the violation or threatened violation upon that showing and without further evidence of irreparable injury. The court may compel specific performance of any acts or course of conduct necessary to protect persons, animals, crops, or property.
(Added by Stats. 1993, Ch. 624, Sec. 4. Effective January 1, 1994.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 6 - PEST CONTROL OPERATIONS › CHAPTER 4 - Pest Control › ARTICLE 6 - Cease and Desist › Section 11896.

11896. The director, upon a finding that the use, handling, delivery, or sale of a pesticide in violation of any provision of this division, or any regulation issued pursuant to it, is taking place, or appears imminent, and that activity if allowed to proceed will present an immediate hazard or cause irreparable damage, may issue an order to the persons responsible for such activity to cease and desist from further commission of the violation.
(Amended by Stats. 1996, Ch. 361, Sec. 16. Effective January 1, 1997.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 6 - PEST CONTROL OPERATIONS › CHAPTER 4 - Pest Control › ARTICLE 6 - Cease and Desist › Section 11897.

11897. The agricultural commissioner, upon a finding that the use, handling, delivery or sale of a pesticide in violation of any provision of this division, or any regulation issued pursuant to it, is taking place, or appears imminent, and that activity if allowed to proceed will present an immediate hazard or cause irreparable damage, may issue an order to the persons responsible for the activity to cease and desist from further commission of the violation.
Any person aggrieved by a cease and desist order issued by an agricultural commissioner may appeal the order to the director, who shall affirm, modify, or rescind the order. The order of the agricultural commissioner shall remain in force during the appeal to the director, and until the director’s decision has been rendered.
(Amended by Stats. 1996, Ch. 361, Sec. 17. Effective January 1, 1997.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 6 - PEST CONTROL OPERATIONS › CHAPTER 5 - Aircraft Operation Regulation › ARTICLE 1 - Generally › Section 11901.

11901. (a) It is unlawful for any person to operate a manned aircraft in pest control unless the pilot operating the aircraft holds a valid manned pest control aircraft pilot’s certificate issued by the director and an appropriate and valid commercial pilot’s certificate and a current appropriate medical certificate issued by the Federal Aviation Administration.
(b) It is unlawful for any person to operate an unmanned aircraft system in pest control unless the pilot operating the unmanned aircraft system holds a valid manned pest control aircraft pilot’s certificate or a valid unmanned pest control aircraft pilot’s certificate issued by the director and is certified or otherwise authorized by the Federal Aviation Administration to operate an unmanned aircraft system approved by the Federal Aviation Administration to conduct pest control.
(Amended by Stats. 2017, Ch. 404, Sec. 1. (AB 527) Effective January 1, 2018.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 6 - PEST CONTROL OPERATIONS › CHAPTER 5 - Aircraft Operation Regulation › ARTICLE 1 - Generally › Section 11902.

11902. (a) Each manned pest control aircraft pilot’s certificate shall designate the manned pest control aircraft pilot’s status as a journeyman or apprentice.
(b) Each unmanned pest control aircraft pilot’s certificate shall designate the unmanned pest control aircraft pilot’s status as a journeyman, apprentice, private applicator, or vector control technician.
(Amended by Stats. 2023, Ch. 354, Sec. 1. (AB 1016) Effective January 1, 2024.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 6 - PEST CONTROL OPERATIONS › CHAPTER 5 - Aircraft Operation Regulation › ARTICLE 1 - Generally › Section 11902.1.

11902.1. An individual with a private applicator unmanned pest control aircraft pilot’s certificate shall only apply pesticides for the purpose of producing an agricultural commodity on property owned, leased, or rented by the pilot or their employer.
(Added by Stats. 2023, Ch. 354, Sec. 2. (AB 1016) Effective January 1, 2024.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 6 - PEST CONTROL OPERATIONS › CHAPTER 5 - Aircraft Operation Regulation › ARTICLE 1 - Generally › Section 11902.5.

11902.5. (a) To be eligible for an unmanned pest control aircraft pilot’s certificate under the status of vector control technician, a pilot shall be certified by the State Department of Public Health as a vector control technician in the category of mosquito control pursuant to paragraph (1) of subdivision (a) of Section 2052 of the Health and Safety Code.
(b) To be eligible for an unmanned pest control aircraft pilot’s certificate under the status of private applicator, a pilot shall submit satisfactory documentary proof demonstrating the pilot’s completion of a program accredited by the director and possession of a valid private applicator certificate.
(Amended by Stats. 2023, Ch. 354, Sec. 3. (AB 1016) Effective January 1, 2024.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 6 - PEST CONTROL OPERATIONS › CHAPTER 5 - Aircraft Operation Regulation › ARTICLE 1 - Generally › Section 11903.

11903. A fee as prescribed by the director pursuant to Section 11502.5 shall accompany each application for an initial certificate.
(Amended by Stats. 2003, Ch. 741, Sec. 51. Effective January 1, 2004.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 6 - PEST CONTROL OPERATIONS › CHAPTER 5 - Aircraft Operation Regulation › ARTICLE 1 - Generally › Section 11904.

11904. Every certificate shall expire on December 31 of the last year for which it is issued. Certificates may be renewed before their expiration through application in the form prescribed by the director and upon payment of the proper fee as prescribed by the director pursuant to Section 11502.5. A penalty as prescribed by the director pursuant to Section 11502.5 shall be assessed against any applicant who applies for renewal after the expiration date.
(Amended by Stats. 2022, Ch. 60, Sec. 7. (AB 203) Effective June 30, 2022.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 6 - PEST CONTROL OPERATIONS › CHAPTER 5 - Aircraft Operation Regulation › ARTICLE 1 - Generally › Section 11905.

11905. Before an initial manned or unmanned certificate is issued, the applicant for an apprentice, journeyman, private applicator, or vector control technician shall pass an examination to demonstrate to the director the applicant’s ability to legally and safely conduct pest control operations and the applicant’s knowledge of the nature and effect of materials that are used in pest control.
(Amended by Stats. 2023, Ch. 354, Sec. 4. (AB 1016) Effective January 1, 2024.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 6 - PEST CONTROL OPERATIONS › CHAPTER 5 - Aircraft Operation Regulation › ARTICLE 1 - Generally › Section 11906.

11906. A journeyman’s certificate shall not be issued to any applicant, other than the holder of an apprentice certificate, unless such applicant has had in effect a journeyman’s certificate issued by the director within the previous two calendar years.
(Amended by Stats. 1979, Ch. 732.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 6 - PEST CONTROL OPERATIONS › CHAPTER 5 - Aircraft Operation Regulation › ARTICLE 1 - Generally › Section 11907.

11907. (a) Except as provided in subdivision (b), a journeyman’s certificate shall not be issued until both of the following have occurred:
(1) The applicant has served as an apprentice under a certificate issued pursuant to this chapter for one year.
(2) The applicant presents to the director satisfactory documentary proof consisting of a declaration or affidavit by the holder of a journeyman’s certificate attesting to the applicant’s performance, under the attesting journeyman’s direct and personal supervision, of not less than 150 hours of operation of fixed-wing aircraft or 50 hours of operation of nonfixed-wing aircraft within the previous two calendar years in pest control activities, together with any other evidence as the director may require.
(b) (1) The director may adopt regulations to establish specific requirements for obtaining an unmanned journeyman certificate.
(2) The regulations shall consider requiring that the applicant complete 50 hours of operation of nonfixed-wing aircraft, or the equivalent practical training, in pest control activities within the previous two calendar years to ensure the legal and safe application of pesticides.
(Amended by Stats. 2023, Ch. 354, Sec. 5. (AB 1016) Effective January 1, 2024.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 6 - PEST CONTROL OPERATIONS › CHAPTER 5 - Aircraft Operation Regulation › ARTICLE 1 - Generally › Section 11908.

11908. Each applicant for an apprentice certificate shall satisfy the director, through documentary evidence or other suitable information, that the applicant shall conduct pest control activities only under the direct and personal supervision of a person that holds a journeyman’s certificate.
(Added by renumbering Section 11909 by Stats. 1979, Ch. 732.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 6 - PEST CONTROL OPERATIONS › CHAPTER 5 - Aircraft Operation Regulation › ARTICLE 1 - Generally › Section 11909.

11909. It is unlawful for the holder of an apprentice certificate to conduct pest control activities unless such activities are conducted under the direct and personal supervision of a person that holds a journeyman’s certificate.
(Added by renumbering Section 11910 by Stats. 1979, Ch. 732.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 6 - PEST CONTROL OPERATIONS › CHAPTER 5 - Aircraft Operation Regulation › ARTICLE 1 - Generally › Section 11910.

11910. (a) The director may refuse to issue a manned or unmanned pest control aircraft pilot certificate to an applicant and may revoke or suspend a manned or unmanned pest control aircraft pilot certificate after a hearing in which one or more of the following findings are made:
(1) The person is not qualified to conduct the pest control operations in accordance with the certificate.
(2) The application or certificate is for the operation of a manned aircraft in pest control and the person does not hold an appropriate and valid commercial pilot’s certificate and a current appropriate medical certificate issued by the Federal Aviation Administration.
(3) The application or certificate is for the operation of an unmanned aircraft system in pest control and the person does not hold a certificate or other authorization issued by the Federal Aviation Administration for the operation of an unmanned aircraft system authorized by the Federal Aviation Administration for pest control.
(4) The person has violated any provision of, or any regulation adopted pursuant to, this division or Division 7 (commencing with Section 12501) pertaining to pesticides, any regulation of a county agricultural commissioner, or any industrial safety order of the Department of Industrial Relations, or has not complied with any order of the director or commissioner as authorized by Section 11737.
(5) The person has violated any regulation or privacy guideline adopted by the Federal Aviation Administration pertaining to the commercial operation of an unmanned aircraft system.
(b) The director may, pending a hearing, suspend or condition the certificate of any pest control aircraft pilot when, upon an investigation that the director determines to be necessary and upon the receipt of affidavits by the enforcement personnel provided in Section 11501.5 or injured parties, the director finds that continuance of the certificate endangers public welfare or safety. The director may terminate the suspension or condition upon the taking of corrective action that the director determines to be satisfactory to ensure qualification or compliance with the law or regulations. In that event, the matter may proceed to hearing as though that action had not been taken.
(Amended by Stats. 2017, Ch. 404, Sec. 5. (AB 527) Effective January 1, 2018.)