California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 19 - Structural Pest Control Board › Article 4 - Fumigation and Pesticide Use › Section 1970.4 - Pesticide Disclosure Requirement

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The primary contractor for fumigation
				shall have in his or her possession and shall provide to any subcontractor for
				fumigation a form (See Form 43M-48 (Rev. 5/07) at the end of this section)
				signed by the occupants or designated agent of a structure. The primary
				contractor for fumigation and the subcontractor for fumigation shall retain a
				copy of the occupants fumigation notice for a period of at least three years.
				In case of multiple-family dwellings, the owner, manager or designated agent of
				the building may obtain signatures and/or verify the notification of the
				occupants.
The form shall state the name of the pest to be controlled,
				  the pesticide(s)/fumigant(s) proposed to be used, the active ingredient(s) and
				  the health cautionary statement as required under section
				  8538 of the code. The form shall
				  also state that a lethal gas (poison) will be used in the building on indicated
				  dates and that it is unsafe to return to the building until a certification
				  notice for reentry is posted by the licensed fumigator. The form shall also
				  indicate that the occupant has received the prime contractor's information
				  regarding the procedures for leaving the structure.
The properly signed form or a copy, written or electronic,
				  thereof shall be in the possession of the licensed fumigator when the fumigant
				  is released. Such form shall be attached to and become a permanent part of the
				  fumigation log upon completion of the fumigation.
(b) Any death or serious injury relating to
				pesticide application or use, whether to a worker or member of the public,
				shall be reported to the nearest Structural Pest Control Board office
				immediately.
(c) Whenever a
				licensee employed by a branch 2 or branch 3 registered company applies a
				pesticide within, around or to any structure such person shall leave in a
				conspicuous location a written notice identifying the common, generic or
				chemical name of each pesticide applied. In case of a multiple family
				structure, such notice may be given to the designated agent or the owner. Such
				pesticide identification notice may be a door hanger, invoice, billing
				statement or other similar written document which contains the registered
				company's name, address, and telephone number.
(d) All pest control operators, field
				representatives, applicators and employees in all branches shall comply in
				every respect with the requirements of section
				8538 of the code. Failure to
				comply with section
				8538 of the code is a misdemeanor
				and shall constitute grounds for discipline.
(e) Where notification is required under
				section 8538 of the code, and the premises
				on which the work is to be performed is a multiple family dwelling consisting
				of more than 4 units, the owner/owner's agent shall receive notification and
				other notices shall be posted in heavily frequented, highly visible areas
				including, but not limited to, all mailboxes, manager's apartment, in all
				laundry rooms, and community rooms on all external pest control servicing.
				Complexes with fewer than 5 units will have each affected unit notified. Any
				pest control servicing done within a tenant's apartment requires that the
				tenant be notified according to section
				8538 of the code.
(f) A registered company which applies any
				pesticide within, around or to any structure shall provide to any person,
				within 24 hours after request therefore, the common, generic or chemical name
				of each pesticide applied.
1. New section
				  filed 5-19-78; effective thirtieth day thereafter (Register 78, No.
				  20).
2. Amendment filed 5-8-80; effective thirtieth day thereafter
				  (Register 80, No. 19).
3. Amendment of subsection (a) filed 6-3-81;
				  effective thirtieth day thereafter (Register 81, No. 23).
4.
				  Relettering of former subsection (d) to (e) and new subsection (d) filed
				  6-17-85; effective thirtieth day thereafter (Register 85, No.
				  25).
5. Relettering of former subsection (e) to (f) and new
				  subsection (e) filed 11-10-86; effective thirtieth day thereafter (Register 86,
				  No. 46).
6. Amendment filed 3-23-87; effective upon filing pursuant
				  to Government Code Section
				  11346.2(d)
				  (Register 87, No. 13).
7. Amendment of subsections (a), (d) and (e)
				  filed 4-12-90; operative 5-12-90 (Register 90, No. 17).
8. Amendment
				  of subsections (a), (c) and NOTE filed 3-6-95; operative 4-5-95 (Register 95,
				  No. 10).
9. Amendment of subsections (a), (c) and (d), amendment of
				  NOTE, and new form 43M-48 filed 4-28-98; operative 5-28-98 (Register 98, No.
				  18).
10. Change without regulatory effect amending subsections (c)
				  and (f) filed 3-26-2002 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2002, No. 13).
11. Amendment of subsection (a)
				  and repealer and new form 43M-48 filed 12-30-2005; operative 1-29-2006
				  (Register 2005, No. 52).
12. Amendment of subsection (a) and
				  repealer and new Form 43M-48 filed 4-29-2008; operative 5-29-2008 (Register
				  2008, No. 18).
13. Amendment of subsection (a) filed 3-22-2016;
				  operative 7-1-2016 (Register 2016, No. 13).
Note: Authority cited: Section
					 8525,
					 Business and Professions Code. Reference: Section
					 8505.7,
					 8505.13
					 and
					 8538,
					 Business and Professions Code.