reglab/statecodes huggingface dataset:
California Code of Regulations › Title 3 - Food and Agriculture › Division 5 - Livestock Drugs › Chapter 2 - Sales of California Prescription Drugs › Article 3 - Additional Requirements › Section 5012 - Written Operating Procedures

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Each restricted livestock drug licensee shall establish, maintain, and adhere
				  to store-specific written operating procedures for the receipt, storage,
				  inventory, sale, and disposition of California prescription drugs.
(b) Each qualified individual employed by a
				  restricted livestock drug licensee shall receive training on the licensee's
				  store-specific written operating procedures.
(c) All records pertaining to this section:
(1) Shall be retained for a period of not
				  less than three (3) years from the date of creation.
(2) Are subject to audit by the Department
				  and shall be made available to the Department upon request.
California Code of Regulations › Title 3 - Food and Agriculture › Division 5 - Livestock Drugs › Chapter 2 - Sales of California Prescription Drugs › Article 3 - Additional Requirements › Section 5013 - Pharmacist Oversight

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Each restricted livestock drug licensee shall either retain a consulting
				  pharmacist or employ a pharmacist on staff.
(b) If a restricted livestock drug licensee
				  chooses to retain a consulting pharmacist, the consulting pharmacist shall
				  complete the following on a quarterly basis:
(1) Review, approve, and revise the
				  restricted livestock drug licensee's store-specific written operating
				  procedures as defined in Section
				  5012(a) of this
				  chapter.
(2) Ensure the restricted
				  livestock drug licensee is following all written procedures and is maintaining
				  all records required pursuant to Sections
				  5004 and
				  5011(f).
(3) Issue a signed, written certification
				  stating whether or not the restricted livestock drug licensee is operating in
				  compliance with California law and regulations regarding California
				  prescription drugs.
California Code of Regulations › Title 3 - Food and Agriculture › Division 5 - Livestock Drugs › Chapter 2 - Sales of California Prescription Drugs › Article 4 - Violations and Penalties › Section 5015 - Penalties

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Upon finding a violation, the Department shall issue a notice in accordance
				  with Section
				  14408 Food and Agricultural
				  Code.
(b) A person who violates
				  this chapter shall be liable for a civil penalty of two hundred and fifty
				  dollars ($250) for each day a violation occurs.
(c) For a second or subsequent violation, a
				  person who violates this chapter shall be punishable by an administrative fine,
				  levied by the Secretary, in the amount of five hundred dollars ($500) for each
				  day a violation occurs.
1. New
					 section filed 8-16-2018; operative 8-16-2018 pursuant to Government Code
					 section
					 11343.4(b)(3)
					 (Register 2018, No. 33).
Note: Authority cited: Sections
						407,
						14231,
						14403
						and
						14405,
						Food and Agricultural Code. Reference: Sections
						14382 and
						14408, Food and Agricultural Code;
						Sections
						11445.10,
						11445.20,
						11445.30,
						11445.40,
						11445.50
						and
						11445.60,
						Government Code.
California Code of Regulations › Title 3 - Food and Agriculture › Division 6 - Pesticides and Pest Control Operations › Chapter 1 - Pesticide Regulatory Program › Subchapter 1 - Definition of Terms › Article 1 - Definitions for Division 6 › Section 6000.1 - Definitions. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Editorial renumbering and amendment of former section
						2442 to section
						6000.1 filed 8-13-85 (Register 85,
						No. 33).
2. Change without regulatory effect repealing section filed
						10-12-93 pursuant to title 1, section
						100, California Code of Regulations
						(Register 93, No. 42).
Note: Authority cited: Sections
						  407,
						  12976
						  and
						  14005,
						  Food and Agricultural Code. Reference: Sections
						  11501
						  and
						  14006,
						  Food and Agricultural Code.
California Code of Regulations › Title 3 - Food and Agriculture › Division 6 - Pesticides and Pest Control Operations › Chapter 1 - Pesticide Regulatory Program › Subchapter 1 - Definition of Terms › Article 1 - Definitions for Division 6 › Section 6000.2 - Definitions. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Editorial renumbering and amendment of former section
						2451 to section
						6000.2 filed 8-13-85 (Register 85,
						No. 33).
2. Editorial correction of printing errors in introductory
						paragraph and subsection (a)(2) (Register 91, No. 33).
3. Change
						without regulatory effect repealing section filed 10-12-93 pursuant to title 1,
						section 100, California Code of Regulations
						(Register 93, No. 42).
Note: Authority cited: Sections
						  407,
						  12976
						  and
						  14005,
						  Food and Agricultural Code. Reference: Sections
						  11501
						  and
						  14006,
						  Food and Agricultural Code.
California Code of Regulations › Title 3 - Food and Agriculture › Division 6 - Pesticides and Pest Control Operations › Chapter 1 - Pesticide Regulatory Program › Subchapter 1 - Definition of Terms › Article 1 - Definitions for Division 6 › Section 6000.3 - Permit System: Definitions. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Editorial renumbering and amendment of former section
						2452(j)(1)(A)-(G)
						to section 6000.3 filed 8-13-85 (Register 85,
						No. 33).
2. Change without regulatory effect repealing section filed
						10-12-93 pursuant to title 1, section
						100, California Code of Regulations
						(Register 93, No. 42).
Note: Authority cited: Sections
						  407,
						  12976
						  and
						  14005,
						  Food and Agricultural Code. Reference: Sections
						  11501
						  and
						  14006,
						  Food and Agricultural Code.
California Code of Regulations › Title 3 - Food and Agriculture › Division 6 - Pesticides and Pest Control Operations › Chapter 1 - Pesticide Regulatory Program › Subchapter 1 - Definition of Terms › Article 1 - Definitions for Division 6 › Section 6000.4 - Definitions. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Renumbering and amendment of former section
						2476 to section
						6000.4 filed 10-25-85; effective
						thirtieth day thereafter (Register 85, No. 43).
2. Amendment filed
						8-1-86; effective thirtieth day thereafter (Register 86, No. 31).
3.
						Amendment of introductory sentence, subsections (b), (d),(f)-(i), (m), (o) and
						(p) and new subsections (q) and (r) filed 9-26-88; operative 10-26-88 (Register
						88, No. 41).
4. New section (r) filed 8-16-90; operative 8-16-90
						(Register 90, No. 36).
5. Editorial correction to introductory
						sentence (Register 91, No. 33).
6. Change without regulatory effect
						repealing section filed 10-12-93 pursuant to title 1, section
						100, California Code of Regulations
						(Register 93, No. 42).
Note: Authority cited: Sections
						  407
						  and
						  12981,
						  Food and Agricultural Code. Reference: Sections
						  12980
						  and
						  12981,
						  Food and Agricultural Code.
California Code of Regulations › Title 3 - Food and Agriculture › Division 6 - Pesticides and Pest Control Operations › Chapter 1 - Pesticide Regulatory Program › Subchapter 1 - Definition of Terms › Article 1 - Definitions for Division 6 › Section 6000.5 - Definitions. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						section filed 12-1-88; operative 12-1-88 (Register 88, No. 51).
2.
						Change without regulatory effect repealing section filed 10-12-93 pursuant to
						title 1, section
						100, California Code of Regulations
						(Register 93, No. 42).
Note: Authority cited: Sections
						  407,
						  12781
						  and
						  13145,
						  Food and Agricultural Code. Reference: Sections
						  13145
						  and
						  13146,
						  Food and Agricultural Code.
California Code of Regulations › Title 3 - Food and Agriculture › Division 6 - Pesticides and Pest Control Operations › Chapter 1 - Pesticide Regulatory Program › Subchapter 1 - Definition of Terms › Article 1 - Definitions for Division 6 › Section 6000.6 - Groundwater Protection Definitions. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						section filed 4-10-90; operative 4-10-90 pursuant to Government Code section
						11346.2(d)
						(Register 90, No. 16).
2. Change without regulatory effect repealing
						section filed 10-12-93 pursuant to title 1, section
						100, California Code of Regulations
						(Register 93, No. 42).
Note: Authority: Sections
						  407,
						  12781,
						  12976
						  and
						  14005,
						  Food and Agricultural Code. Reference: Sections
						  14005. 14006 and 13145, Food and
						  Agricultural Code.
California Code of Regulations › Title 3 - Food and Agriculture › Division 6 - Pesticides and Pest Control Operations › Chapter 1 - Pesticide Regulatory Program › Subchapter 2 - Program Certification › Article 1 - Purpose › Section 6100 - Purpose

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 This article provides for the submittal of the pesticide regulatory program to
					 the Secretary of Resources for certification. This article is contingent on
					 certification of the pesticide regulatory program by the Secretary of the
					 Resources Agency and shall expire if and when the pesticide regulatory program
					 is not certified. The submittal for certification under Section
					 21080.5
					 of the Public Resources Code provides for environmental review of the pesticide
					 regulatory program which is to be achieved in view of the findings of the
					 Legislature in Section
					 1, Chapter 308, Statutes 1978,
					 which are as follows:
(1) Agriculture is a
					 major and essential component of California's economy.
(2) The proper, safe, and efficient use of
					 pesticides is essential for the protection and production of agricultural
					 commodities and for health protection.
(3) Timeliness in the application of
					 pesticides is paramount in good pest management and is essential in the
					 prevention of economic waste.
(4)
					 Reasonable environmental review of such pesticide use is prudent and
					 appropriate.
(5) Individual permits
					 to apply pesticides must often be issued on short notice, thereby making
					 impracticable the type of environmental review which would occur if the
					 issuance of such permits was subject to the preparation of an environmental
					 impact report or a negative declaration pursuant to the requirements of
					 Division 13 of the Public Resources Code.
(6) Preparation of environmental impact
					 reports and negative declarations for pesticide permits would be an
					 unreasonable and expensive burden on California agriculture and health
					 protection agencies.
(7) For the
					 purposes of this article any county agricultural commissioner shall be
					 considered a state agency. Under authority of the Food and Agricultural Code,
					 each commissioner shall administer the local enforcement of the pesticide
					 regulatory program under the supervision of the director.
(8) The procedures for governmental review of
					 pesticide recommendations and use shall not unnecessarily burden permit
					 applicants or require such applicants to furnish unnecessary
					 information.
California Code of Regulations › Title 3 - Food and Agriculture › Division 6 - Pesticides and Pest Control Operations › Chapter 1 - Pesticide Regulatory Program › Subchapter 2 - Program Certification › Article 1 - Purpose › Section 6102 - Severance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If any provision of division 4, chapter 1 subchapter 2,
						articles 4, 5, 7, 11 and 20 or division 6, chapter 2, subchapter 4 or the
						application thereof to any person or circumstances is held invalid, such
						invalidity shall not affect other provisions of the cited articles or
						application of the articles which can be given effect without the invalid
						provision or application, and to this end the provisions of the cited articles
						are severable.
1.
						Editorial renumbering and amendment of former section
						2490.3 to section
						6102 filed 8-13-85 (Register 85,
						No. 33).
2. Editorial correction of printing error (Register 91, No.
						33).
3. Change without regulatory effect amending NOTE filed
						6-20-2001 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2001, No. 25).
Note: Authority cited: Sections
						  11456,
						  12781,
						  12981
						  and
						  14005,
						  Food and Agricultural Code. Reference: Section
						  11501, Food and Agricultural Code;
						  and Chapter 308, Statutes of 1978.
California Code of Regulations › Title 3 - Food and Agriculture › Division 6 - Pesticides and Pest Control Operations › Chapter 1 - Pesticide Regulatory Program › Subchapter 2 - Program Certification › Article 2 - Standards › Section 6110 - Public Reports

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 When the director proposes to amend, adopt, or repeal a standard or regulation
					 of the pesticide regulatory program or is reviewing a county regulation
					 pursuant to Section
					 11503 of the Food and Agricultural
					 Code, a public report shall be prepared allowing 45 days for the public to
					 review each proposal. The public report shall be posted on the official
					 bulletin boards of the Department, and of each commissioner's office, and in
					 each District office of the Division of Pest Management, Environmental
					 Protection and Worker Safety for 45 days. "Standard," as used in this article,
					 means pest management guidelines, restricted materials hazard chart, pesticide
					 safety information series, and similar documents.
(1) Each public report shall include a
					 summary of the proposal and shall be sent to any person upon written request.
					 In addition, the public agencies to be consulted pursuant to Section
					 6252 shall be sent a copy of the
					 public report. The director may develop a schedule of actual cost for the
					 reproduction of public reports to be charged to those requesting
					 copies.
(2) Each public report
					 shall describe the activities of the pesticide regulatory program that will be
					 affected by the proposal and a summary of existing statutes related to the
					 proposal.
(3) Each public report
					 shall include a statement of any significant adverse environmental effect that
					 can reasonably be expected to occur, directly or indirectly, from implementing
					 the proposal, and a statement of any reasonable mitigation measures that are
					 available to minimize significant adverse environmental impact.
(4) Each public report shall also contain a
					 statement and discussion of reasonable alternatives which would reduce any
					 significant environmental impact.
(5) The availability of the public report
					 shall be noted in any notices of any proceeding on the
					 proposal.
California Code of Regulations › Title 3 - Food and Agriculture › Division 6 - Pesticides and Pest Control Operations › Chapter 1 - Pesticide Regulatory Program › Subchapter 2 - Program Certification › Article 2 - Standards › Section 6116 - Notice of Final Decision

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
(1) The final action taken regarding a
					 standard or regulation in which a significant adverse environmental point was
					 raised during the evaluation process shall include a written evaluation of such
					 points approved by the director.
(2) The director shall not adopt a standard
					 or regulation which would cause a significant adverse environmental impact if
					 there is a feasible alternative or feasible mitigation measure available which
					 would substantially lessen any significant adverse impact which implementation
					 of the proposal may reasonably be expected to have on the
					 environment.
California Code of Regulations › Title 3 - Food and Agriculture › Division 6 - Pesticides and Pest Control Operations › Chapter 1 - Pesticide Regulatory Program › Subchapter 2 - Program Certification › Article 2 - Standards › Section 6118 - Emergency Actions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The director shall prepare a public report on proposed
						emergency standards or regulations relative to the pesticide regulatory
						program. Insofar as possible, each report shall be available in advance of the
						emergency adoption of proposed standards or regulations. Comments from the
						general public and public agencies shall be solicited pursuant to the
						Administrative Procedure Act.
1.
						Editorial renumbering of former Section
						2444(e) to Section
						6118 filed 8-13-85 (Register 85,
						No. 33).
2. Change without regulatory effect amending NOTE filed
						6-20-2001 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2001, No. 25).
Note: Authority cited: Sections
						  11456,
						  12781
						  and
						  14005,
						  Food and Agricultural Code. Reference: Section
						  14103, Food and Agricultural Code;
						  and Chapter 308, Statutes of 1978.
California Code of Regulations › Title 3 - Food and Agriculture › Division 6 - Pesticides and Pest Control Operations › Chapter 1 - Pesticide Regulatory Program › Subchapter 2 - Program Certification › Article 3 - Consultation › Section 6122 - Commissioner Consultation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) At
					 least quarterly and when notified by a responsible public agency of a violation
					 of an applicable environmental standard, each commissioner shall consult with
					 public agencies that have jurisdiction by law with respect to resources that
					 may be affected by use of pesticides in the county. Such public agencies
					 include, but are not limited to, agencies that are concerned with public and
					 occupational health, air and water quality, fish and wildlife.
The consultation shall include the identification of past
						or potential problems associated with the use of pesticides, appropriate
						alternatives and mitigation measures, and appropriate permit conditions which
						substantially reduce any problem.
(b) The commissioner shall consult with the
					 County Farm Advisor or other knowledgeable persons during critical pest control
					 seasons in order to keep abreast of current pest conditions in the county. Such
					 consultation shall be utilized to establish information to assist the
					 evaluation of permit applications and notices of intent to apply a
					 pesticide.
1.
						Editorial renumbering of former Section
						2445 to Section
						6122(a) and
						renumbering of former Section
						2452(j)(11) to
						Section 6122(b) filed
						8-13-85 (Register 85, No. 33).
2. Change without regulatory effect
						amending NOTE filed 6-20-2001 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2001, No. 25).
Note: Authority cited: Sections
						  11456,
						  12781,
						  12981
						  and
						  14005,
						  Food and Agricultural Code. Reference: Section
						  11501, Food and Agricultural Code;
						  and Chapter 308, Statutes of 1978.
California Code of Regulations › Title 3 - Food and Agriculture › Division 6 - Pesticides and Pest Control Operations › Chapter 1 - Pesticide Regulatory Program › Subchapter 3 - Agricultural Commissioner Penalties › Article 1 - Guidelines › Section 6128 - Enforcement Response to Violations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
					 commissioner shall comply with the provisions of this section each time an
					 incident or a violation of law or regulation occurs, related to agricultural or
					 structural use of pesticides or any use of a fumigant, to determine the
					 appropriate enforcement response.
(b) For purposes of this section, and
					 sections 6130 and
					 6131, the following terms are
					 defined as follows:
"Compliance action" is an action that documents that
						certain behavior or an act is in violation of the law or regulations. The
						documentation may or may not allege the recipient committed the violation at
						issue. Compliance actions do not directly impose a monetary penalty. Compliance
						actions include violation notice; warning letter; documented compliance
						interview; or noncompliance noted on an inspection form. Compliance actions
						also include public protection actions such as cease and desist orders; seize
						or hold product or produce orders; and prohibit harvest orders.
"Decision report" is a written record of the basis for a
						commissioner's decision not to take an enforcement action.
"Enforcement action" is an action with the potential to
						impose a monetary penalty or loss of a right or privilege initiated by a Notice
						of Proposed Action. Enforcement actions include administrative civil penalty or
						disciplinary action (refuse, suspend, or revoke) against a county registration,
						certificate, or permit.
"Incident" is an occurrence in which one or more
						violations are discovered. An incident may be a single inspection or audit, a
						set of two or more inspections or audits related to the occurrence, or a
						pesticide episode investigation.
(c) After determining the violation class
					 specified in Title 3, California Code of Regulations section
					 6130 or Title 16, California Code
					 of Regulations section
					 1922, the commissioner shall
					 respond to each incident with one or more of the enforcement responses listed
					 below.
(1) Class A or Serious Violation
(A) A formal referral to the District
					 Attorney, City Attorney, Circuit Prosecutor, or the Director or Structural Pest
					 Control Board Registrar for a statewide licensing action.
(B) An enforcement action. If the enforcement
					 response initially selected by the commissioner was a formal referral but the
					 referral was declined, then the commissioner shall proceed with this
					 enforcement response.
California Code of Regulations › Title 3 - Food and Agriculture › Division 6 - Pesticides and Pest Control Operations › Chapter 1 - Pesticide Regulatory Program › Subchapter 3 - Agricultural Commissioner Penalties › Article 1 - Guidelines › Section 6130 - Civil Penalty Actions by Commissioners

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) When taking
					 civil penalty action on incidents or violations related to agricultural or
					 structural use of pesticides and all uses of fumigants pursuant to section
					 12999.5
					 of the Food and Agricultural Code, county agricultural commissioners shall use
					 the provisions of this section to determine the violation class and the fine
					 amount. This section may also be used to determine the violation class and fine
					 amount for violations involving other uses of pesticides.
(b) County agricultural commissioners shall
					 designate violations as "Class A," "Class B," or "Class C" using the following
					 definitions:
(1) A Class A violation is one of
					 the following:
(A) A violation that caused a
					 health, property, or environmental hazard.
(B) A violation of a law or regulation that
					 mitigates the risk of adverse health, property, or environmental effects, and
					 the commissioner determines that one of the following aggravating circumstances
					 support elevation to Class A.
1. The
					 respondent has a history of violations;
2. The respondent failed to cooperate in the
					 investigation of the incident or allow a lawful inspection; or,
3. The respondent demonstrated a disregard
					 for specific hazards of the pesticide used;
(C) A violation of a lawful order of the
					 commissioner issued pursuant to sections
					 11737,
					 11737.5,
					 11896,
					 11897,
					 or
					 13102
					 of the Food and Agricultural Code.
California Code of Regulations › Title 3 - Food and Agriculture › Division 6 - Pesticides and Pest Control Operations › Chapter 1 - Pesticide Regulatory Program › Subchapter 3 - Agricultural Commissioner Penalties › Article 1 - Guidelines › Section 6131 - Actions Allowed Against Licensed or Certificated Employees

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 When bringing an enforcement action against an employee who failed to use
					 personal protective equipment or other safety equipment as required by section
					 6702(c) or a
					 pesticide product's labeling, the commissioner shall determine that all of the
					 following conditions are met:
(1) The
					 employee is licensed or certified pursuant to Chapter 14, Division 3, of the
					 Business and Professions Code; Chapters 5 or 8, Division 6, of the Food and
					 Agricultural Code; or Chapters 3.4 or 3.6, Division 7, of the Food and
					 Agricultural Code;
(2) The employer
					 provided the equipment to the employee and the equipment was available at the
					 work site in a condition that would have provided the safety or protection
					 intended by the equipment;
(3) The
					 employer has implemented a written workplace disciplinary action policy
					 requiring the employee to use the equipment;
(4) The employee has acknowledged by
					 signature having read and understood the employer's written workplace
					 disciplinary action policy for failure to use the equipment; and,
(5) The employer has complied with applicable
					 training requirements of this Division prior to the time the employee failed to
					 use the equipment.
California Code of Regulations › Title 3 - Food and Agriculture › Division 6 - Pesticides and Pest Control Operations › Chapter 1 - Pesticide Regulatory Program › Subchapter 4 - Inspection and Investigation Procedures › Article 1 - Inspection, Copying and Sampling › Section 6140 - Inspection Authority

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
					 director or commissioner may, during business hours, or if necessary to ensure
					 immediate compliance, at any other reasonable time enter and inspect, and/or
					 sample any of the following or related items in order to determine compliance
					 with the provisions of this chapter and Divisions 6 and 7 of the Food and
					 Agricultural Code, which pertain to pesticides and pest control operations.
(1) Fields, areas, structures, and
					 greenhouses where pesticides are handled, stored or applied;
(2) Growing crops and harvested
					 commodities;
(3) Equipment
					 (including protective clothing and equipment) used to store, transport or
					 handle pesticides;
(4) Change areas
					 and other facilities used by employees; and
(5) Pesticides and tank mixtures
					 thereof.
California Code of Regulations › Title 3 - Food and Agriculture › Division 6 - Pesticides and Pest Control Operations › Chapter 1 - Pesticide Regulatory Program › Subchapter 4 - Inspection and Investigation Procedures › Article 1 - Inspection, Copying and Sampling › Section 6141 - Employee Interviews

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The director or commissioner may confidentially interview
						any employee during work hours when reasonably necessary for an investigation
						of employee illness(s) suspected of having been caused by a pesticide or to
						investigate a suspected pesticide related safety violation.
1. New
						section filed 9-26-88; operative 10-26-88 (Register 88, No. 41).
2.
						Change without regulatory effect amending NOTE filed 6-20-2001 pursuant to
						section 100, title 1, California Code of
						Regulations (Register 2001, No. 25).
Note: Authority cited: Sections
						  11456
						  and
						  12981,
						  Food and Agricultural Code. Reference: Sections
						  11456,
						  12980
						  and
						  12981,
						  Food and Agricultural Code.
California Code of Regulations › Title 3 - Food and Agriculture › Division 6 - Pesticides and Pest Control Operations › Chapter 1 - Pesticide Regulatory Program › Subchapter 5 - Sunset Review of Regulations › Article 1 - Sunset Review Schedule › Section 6142 - Sunset Review of Regulations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
					 Director shall review all regulations in Division 6 of Title 3 on a five-year
					 cycle according to the following schedule:
(1) Year one (commencing in 2000 and repeated
					 every five years thereafter):
Chapter 1. Pesticide Regulatory Program, and Chapter 2.
						Pesticides, Subchapter 1;
(2) Year two: (commencing in 2001 and
					 repeated every five years thereafter):
Chapter 2. Pesticides, Subchapters 2, 3, 4, and
						5;
(3) Year three:
					 (commencing in 2002 and repeated every five years thereafter):
Chapter 3. Pest Control Operations, Subchapters 1 and
						2;
(4) Year four:
					 (commencing in 2003 and repeated every five years thereafter):
Chapter 3. Pest Control Operations, Subchapter
						3;
(5) Year five:
					 (commencing in 2004 and repeated every five years thereafter):
Chapter 4. Environmental
						Protection.
California Code of Regulations › Title 3 - Food and Agriculture › Division 6 - Pesticides and Pest Control Operations › Chapter 2 - Pesticides › Subchapter 1 - Pesticide Registration › Article 1 - General Provisions › Section 6145 - Intended to be Used

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A substance is considered to be "intended to be used," as
						the phrase is used in Sections
						12753 and
						12758 of the Food and Agricultural
						Code, and thus be a pesticide requiring registration, when:
(a) A person who distributes or sells the
					 substance claims, states, or implies, by labeling or otherwise, that:
(1) the substance, either by itself or in
					 combination with any other substance, can or should be used as a pesticide;
					 or
(2) the substance consists of or
					 contains an active ingredient and can be used to manufacture a pesticide;
					 or
California Code of Regulations › Title 3 - Food and Agriculture › Division 6 - Pesticides and Pest Control Operations › Chapter 2 - Pesticides › Subchapter 1 - Pesticide Registration › Article 1 - General Provisions › Section 6146 - Liquid Chemical Sterilants

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) For
					 purposes of this section, a "critical medical device" is any device that is
					 introduced directly into the human body, either into or in contact with the
					 bloodstream or normally sterile areas of the body, and a "semicritical medical
					 device" is any device that contacts intact mucous membranes but which does not
					 ordinarily penetrate the blood barrier or otherwise enter normally sterile
					 areas of the body.
(b)
					 Manufacturers of, importers of, and dealers in liquid chemical sterilant
					 products (including any such products with subordinate disinfectant claims)
					 intended for use on critical or semicritical medical devices (as device is
					 defined in section
					 201 of the Federal Food, Drug, and
					 Cosmetic Act (21 U.S.C. sec.
					 321), are exempt from the requirements of
					 Division 7 of the Food and Agricultural Code, providing the following criteria
					 are met:
(1) The product is not included in
					 the federal definition of a pesticide under subdivision (u) of section
					 2 of the Federal Insecticide,
					 Fungicide, and Rodenticide Act [7 U.S.C. sec.
					 136(u)] .
(2) The product has premarket clearance from
					 the Federal Food and Drug Administration under section
					 510(k) of the
					 Federal Food, Drug, and Cosmetic Act [21 U.S.C. sec.
					 360(k)] .
(3) The product does not include ethylene
					 oxide as an active ingredient.
California Code of Regulations › Title 3 - Food and Agriculture › Division 6 - Pesticides and Pest Control Operations › Chapter 2 - Pesticides › Subchapter 1 - Pesticide Registration › Article 1 - General Provisions › Section 6148 - Fee for Each Product Submitted for Registration

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Effective October 1, 2015, the fee for each pesticide product submitted for
					 registration is $1,150. The fee applies to each:
(1) New pesticide product;
(2) Additional brand name of a pesticide
					 product; and
(3) Pesticide product
					 where there is a change in business ownership of the
					 product.
California Code of Regulations › Title 3 - Food and Agriculture › Division 6 - Pesticides and Pest Control Operations › Chapter 2 - Pesticides › Subchapter 1 - Pesticide Registration › Article 1 - General Provisions › Section 6148.5 - Fees for Amendments to Registered Pesticide Products

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Effective October 1, 2015, each application to amend the labeling or
					 formulation of a registered pesticide product shall be accompanied by a fee of
					 $25. This fee does not apply to special local needs labeling.
(b) If the Director returns an incomplete
					 application to amend the labeling or formulation of a registered pesticide
					 product to the applicant, the applicant has 180 days from the date the Director
					 initially returned the application to resubmit a complete application without
					 payment of a new fee. A new fee must accompany applications resubmitted after
					 180 days from the date the Director returned the application.
1. New
						section filed 11-3-2003 as an emergency; operative 1-1-2004 (Register 2003, No.
						45). This action is a permanent emergency change for which no Certificate
						Compliance is needed pursuant to Food and Agricultural Code section
						12812.
2. Editorial
						correction of HISTORY 1 (Register 2004, No. 37).
3. Amendment of
						section and NOTE filed 8-10-2015 as an emergency; operative 10-1-2015 (Register
						2015, No. 33). This action is a permanent emergency for which no Certificate of
						Compliance is needed pursuant to Food and Agricultural Code section
						12812.
Note: Authority cited: Sections
						  12781
						  and
						  12812,
						  Food and Agricultural Code. Reference: Section
						  12812,
						  Food and Agricultural Code.
California Code of Regulations › Title 3 - Food and Agriculture › Division 6 - Pesticides and Pest Control Operations › Chapter 2 - Pesticides › Subchapter 1 - Pesticide Registration › Article 1 - General Provisions › Section 6151 - Evaluation Time Frames

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The director shall complete the evaluation of data
						submitted pursuant to Section
						6170 for a pesticide containing any
						active ingredient not currently registered by the director or for any new major
						use within 120 days of receipt of all such data, and within 60 days of receipt
						of such data for all other pesticides. When additional specific data are
						requested, evaluation of it shall be completed within 30 days of receipt.
						During the evaluation of data, the director shall determine if the pesticide
						should be classified as a restricted material pursuant to Section
						14004.5
						of the Food and Agricultural Code.
1.
						Editorial renumbering of former Section
						2360(c) to Section
						6151 and designation of new Article
						1 (Sections
						6151-6160, not consecutive) filed
						7-19-85 (Register 85, No. 29).
2. Amendment filed 1-18-89; operative
						2-17-89 (Register 89, No. 5).
3. Change without regulatory effect
						amending section and NOTE filed 3-27-97 pursuant to section
						100, title 1, California Code of
						Regulations (Register 97, No. 13).
Note: Authority cited: Sections
						  12781,
						  12976,
						  14004.5
						  and
						  14005,
						  Food and Agricultural Code. Reference: Sections
						  12824
						  and
						  14004.5,
						  Food and Agricultural Code.
California Code of Regulations › Title 3 - Food and Agriculture › Division 6 - Pesticides and Pest Control Operations › Chapter 2 - Pesticides › Subchapter 1 - Pesticide Registration › Article 1 - General Provisions › Section 6152 - Brands

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
					 pesticide may be registered under more than one brand name, but the same brand
					 name cannot be registered for products of different chemical composition, or
					 different physical condition sufficient to affect its pesticide
					 properties.
(b) When a registrant
					 submits revised labeling for a currently registered pesticide to the director
					 all changes from the previous labeling shall be clearly specified by the
					 registrant.
1.
						Editorial renumbering of former Section
						2362 to Section
						6152 filed 7-19-85 (Register 85,
						No. 29).
2. Repealer of subsection (a) and subsection relettering
						filed 8-1-96; operative 8-31-96 (Register 96, No. 31).
3. Change
						without regulatory effect amending NOTE filed 6-20-2001 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2001, No. 25).
Note: Authority cited: Sections
						  11456,
						  11502,
						  12005,
						  12111,
						  12531,
						  12561,
						  12781,
						  12976,
						  12981,
						  14005
						  and
						  14006.7,
						  Food and Agricultural Code. Reference: Sections
						  11401-
						  12121,
						  12501-
						  12671,
						  12751-
						  13102
						  and
						  14001-
						  14104,
						  Food and Agricultural Code.
California Code of Regulations › Title 3 - Food and Agriculture › Division 6 - Pesticides and Pest Control Operations › Chapter 2 - Pesticides › Subchapter 1 - Pesticide Registration › Article 1 - General Provisions › Section 6153 - Transfer of Registration

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A certificate of registration cannot be transferred if
						there is a change of business ownership, but a new application and fee are
						necessary.
1.
						Editorial renumbering of former Section
						2363 to Section
						6153 filed 7-19-85 (Register 85,
						No. 29).
2. Change without regulatory effect amending NOTE filed
						6-20-2001 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2001, No. 25).
Note: Authority cited: Sections
						  11456,
						  12781
						  and
						  14005,
						  Food and Agricultural Code. Reference: Sections
						  12751-
						  12994,
						  Food and Agricultural Code.
California Code of Regulations › Title 3 - Food and Agriculture › Division 6 - Pesticides and Pest Control Operations › Chapter 2 - Pesticides › Subchapter 1 - Pesticide Registration › Article 1 - General Provisions › Section 6154 - Change of Name

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Change of the name of a registrant may be made without
						additional fee by submission of the following papers to the director:
(a) The current certificate of
					 registration;
(b) A new completed
					 application form; and
(c) An
					 affidavit of no change of business ownership.
1.
						Editorial renumbering of former Section
						2364 to Section
						6154 filed 7-19-85 (Register 85,
						No. 29).
2. Change without regulatory effect amending NOTE filed
						6-20-2001 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2001, No. 25).
Note: Authority cited: Sections
						  11456,
						  12781
						  and
						  14005,
						  Food and Agricultural Code. Reference: Sections
						  12751-
						  12994,
						  Food and Agricultural Code.
California Code of Regulations › Title 3 - Food and Agriculture › Division 6 - Pesticides and Pest Control Operations › Chapter 2 - Pesticides › Subchapter 1 - Pesticide Registration › Article 1 - General Provisions › Section 6156 - Registration Date

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Registration of a pesticide shall become effective on the
						date the certificate of registration is issued. Such certificate shall not be
						issued if the director determines the pesticide is to be classified as a
						restricted material until the pesticide has been so classified.
1.
						Editorial renumbering of former Section
						2360(c) to Section
						6156 filed 7-19-85 (Register 85,
						No. 29).
2. Change without regulatory effect amending NOTE filed
						6-20-2001 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2001, No. 25).
Note: Authority cited: Sections
						  11456,
						  11502,
						  12005,
						  12111,
						  12531,
						  12561,
						  12781,
						  12824,
						  12976,
						  12981,
						  14005
						  and
						  14006.7,
						  Food and Agricultural Code. Reference: Sections
						  11401-
						  12121,
						  12501-
						  12671,
						  12751-
						  13102
						  and
						  14001-
						  14104,
						  Food and Agricultural Code.
California Code of Regulations › Title 3 - Food and Agriculture › Division 6 - Pesticides and Pest Control Operations › Chapter 2 - Pesticides › Subchapter 1 - Pesticide Registration › Article 1 - General Provisions › Section 6157 - Certification

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Each applicant shall certify, by an authorized official of the registrant,
					 under penalty of perjury that to the best of the applicant's knowledge, based
					 upon all information available to the applicant, all information submitted in
					 connection with the application for registration or renewal is accurate and
					 complete.
(b) If the director finds
					 that the applicant has submitted inaccurate or incomplete information, the
					 director shall initiate action to refuse or cancel the registration pursuant to
					 Section
					 12825(f)
					 of the Food and Agricultural Code.
1.
						Editorial renumbering of former Section
						2360(d) to Section
						6157 filed 7-19-85 (Register 85,
						No. 29).
2. Amendment filed 6-29-87; operative 7-29-87 (Register 87,
						No. 31).
3. Change without regulatory effect amending NOTE filed
						6-20-2001 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2001, No. 25).
Note: Authority cited: Sections
						  11456
						  and
						  12781,
						  Food and Agricultural Code. Reference: Sections
						  12753,
						  12758,
						  12815,
						  12825,
						  12827,
						  12827.5
						  and
						  14102,
						  Food and Agricultural Code.
California Code of Regulations › Title 3 - Food and Agriculture › Division 6 - Pesticides and Pest Control Operations › Chapter 2 - Pesticides › Subchapter 1 - Pesticide Registration › Article 1 - General Provisions › Section 6158 - Review and Evaluation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
During the review and evaluation of proposed pesticide
						labeling and data to support registration, the director shall give special
						attention to the provisions of Sections
						11501,
						12824,
						12825,
						12826,
						14102, and
						14103 of the Food and Agricultural
						Code and to each of the following factors, when applicable, in reaching a
						decision to register or not register the pesticide:
(a) Acute health effects such as oral
					 toxicity, dermal toxicity, inhalation toxicity, acute eye and skin damage
					 potential, or sensitization potential.
(b) Evidence of chronic health effects such
					 as carcinogenicity, teratogenicity, mutagenicity, fetal toxicity, and delayed
					 neurotoxicity.
(c) Potential for
					 environmental damage, including interference with the attainment of applicable
					 environmental standards (e.g., air quality standards and water quality
					 objectives).
(d) Toxicity to
					 aquatic biota or wildlife.
(e)
					 Method of medical management of poisoning or other injuries.
(f) Analytical methods.
(g) The availability of feasible
					 alternatives.
(h) Efficacy.
If any of these factors are anticipated to result in
						significant adverse impacts which cannot be avoided or adequately mitigated,
						registration will not be granted unless the director makes a written finding
						that anticipated benefits of registration clearly outweigh the risks. When
						deciding whether or not to register a pesticide for which feasible alternatives
						exist, the director shall consider any substantial adverse environmental impact
						which would likely occur from a lack of additional pest control options for the
						specific proposed use.
1.
						Editorial renumbering of former Section
						2360(e) to Section
						6158 filed 7-19-85 (Register 85,
						No. 29).
2. Change without regulatory effect amending NOTE filed
						6-20-2001 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2001, No. 25).
Note: Authority cited: Sections
						  11456,
						  11502,
						  12005,
						  12111,
						  12531,
						  12561,
						  12781,
						  12824,
						  12976,
						  12981,
						  14005
						  and
						  14006.7,
						  Food and Agricultural Code. Reference: Sections
						  11401-
						  12121,
						  12501-
						  12671,
						  12751-
						  13102
						  and
						  14001-
						  14104,
						  Food and Agricultural Code.
California Code of Regulations › Title 3 - Food and Agriculture › Division 6 - Pesticides and Pest Control Operations › Chapter 2 - Pesticides › Subchapter 1 - Pesticide Registration › Article 1 - General Provisions › Section 6159 - Data Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The director finds that the data required by the United
						States Environmental Protection Agency (U.S. EPA) regulations governing
						pesticide registration, reregistration, and classification adopted in Title 40,
						Code of Federal Regulations pursuant to authority in the Federal Insecticide,
						Fungicide and Rodenticide Act substantially meet the data requirements of
						Section 12824 of the Food and Agricultural
						Code, except as provided in this section and sections
						6158,
						6170,
						6172,
						6176-6179,
						6180(a),
						6181-6192,
						6200,
						6210,
						6215, and
						6222. Information meeting such
						regulations shall be supplemented as specified in this section and sections
						6158,
						6170,
						6172,
						6176-6179,
						6180(a),
						6181-6192,
						6200,
						6210,
						6215, and
						6222. Data waived by the U.S. EPA
						shall be submitted to the director except when the director makes a written
						finding that such data are not required to meet the purposes of Sections
						11501,
						12824,
						12825,
						12826,
						14102,
						or
						14103
						of the Food and Agricultural Code.
1.
						Editorial renumbering of former Section
						2369(a)-(c) to
						Section 6159 filed 7-19-85 (Register 85,
						No. 29).
2. Amendment filed 1-18-89; operative 2-17-89 (Register 89,
						No. 5).
3. Change without regulatory effect amending NOTE filed
						6-20-2001 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2001, No. 25).
4. Change without regulatory
						effect amending section filed 6-5-2002 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2002, No. 23).
Note: Authority cited: Sections
						  11456
						  and
						  12781,
						  Food and Agricultural Code. Reference: Sections
						  11501,
						  12824,
						  12825,
						  12826,
						  14102
						  and
						  14103,
						  Food and Agricultural Code.