text:
(a) The director, by regulation, shall establish a pest management advisory committee, specifying, as appropriate, the scope and purpose of its advisory role, membership requirements, and operating procedures. The director, or his or her designee, shall serve as chairperson of the committee and the secretary, or his or her designee, shall serve as vice chairperson of the committee. At a minimum, the committee shall assist the department in identifying, facilitating, and promoting environmentally sound pest management practices and pest management systems.

(b) Funds in the Department of Pesticide Regulation Fund may be expended, upon appropriation, for pest management grants, and upon the joint decision of the chairperson and vice chairperson, to carry out the recommendations of the pest management advisory committee.

history: (History: Amended by Stats. 2007, Ch. 178, Sec. 2. Effective August 24, 2007.)

article: 2. General Provisions


kind: section

code: FAC

text:
The director by regulation may establish permissible tolerances for any pesticide chemical in or on produce if he or she finds each of the following:

(a) The pesticide chemical is useful for the production and marketing of the produce.

(b) The presence of the pesticide chemical as pesticide residue in quantities within the tolerances so established is not deleterious to the health of man or animals.

history: (History: Amended by Stats. 1983, Ch. 717, Sec. 3.)

chapter: 1.5. Produce Carrying Pesticide Residue

article: 3. Permissible Tolerances

path: 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS > 1.5. Produce Carrying Pesticide Residue > 3. Permissible Tolerances


text: The director may exempt any pesticide chemical from the requirement of a tolerance if he finds that the pesticide chemical may safely be used without a tolerance.

history: (History: Enacted by Stats. 1967, Ch. 15.)

division: 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS

article: 3. Permissible Tolerances


text: The director may establish the tolerance for any pesticide chemical on produce at zero if he finds that a greater tolerance is not justified.

article: 3. Permissible Tolerances


text: If a tolerance for a pesticide chemical in or on produce is established pursuant to any law of the United States, the director may review the tolerance, and if he finds that it is in accordance with the standards and provisions of this chapter, he may establish a like tolerance pursuant to this chapter.

article: 3. Permissible Tolerances


text:
(a) The director may inspect and take samples of any produce grown, processed, packed, stored, shipped, transported, delivered for shipment, or sold.

(b) If the director finds or suspects that a sample taken or inspected pursuant to subdivision (a) carries pesticide residue in excess of the permissible tolerance, the director may request sales records, purchase records, distribution records, or any other record related to that produce. The records shall be provided to the director within 48 hours of the request.

history: (History: Amended by Stats. 2022, Ch. 574, Sec. 3. (AB 211) Effective September 27, 2022.)

article: 4. Inspection

path: 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS > 1.5. Produce Carrying Pesticide Residue > 4. Inspection


text: The director shall immediately notify the State Director of Health Services by telephone, with immediate written confirmation, whenever a lot of produce destined for processing is found to be in violation of this chapter.

history: (History: Amended by Stats. 1986, Ch. 248, Sec. 45.)

article: 4. Inspection


text:
The director may accredit a commercial laboratory to test produce or environmental samples, including air, water, soil, and plant or animal tissue for regulatory pesticide residue purposes if the director finds all of the following conditions:

(a) That the department laboratories cannot handle required testing in a timely manner or that the use of a commercial laboratory is more cost-effective to the department or a segment of agriculture.

(b) That the laboratory agrees to and participates in a quality control oversight program as specified by the director.

(c) That the laboratory’s control and analytical protocols meet criteria established by the director.

(d) That, as part of the quality control oversight program, the director may conduct unannounced onsite inspections of the laboratory during normal business hours.

history: (History: Added by Stats. 1986, Ch. 782, Sec. 1.)

article: 4.5. Commercial Laboratories

path: 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS > 1.5. Produce Carrying Pesticide Residue > 4.5. Commercial Laboratories


text: The director may charge a fee for accreditation and quality control oversight in an amount sufficient to cover the reasonable costs of carrying out these programs.

article: 4.5. Commercial Laboratories


text:
The director may refuse to accredit, or may suspend any accreditation, if the applicant or the accredited laboratory, as the case may be, does any of the following:

(a) Does not meet, or no longer meets, the requirements stated in Section 12591.

(b) Fails to perform in accordance with the performance standards set forth in the quality control oversight program.

article: 4.5. Commercial Laboratories


text: Analysis data developed by an accredited laboratory shall be subject to confirmation by a laboratory of the department prior to an official regulatory action of the director.

article: 4.5. Commercial Laboratories


text: In the event of a dispute of the findings of a chemical analysis between or among two or more accredited laboratories or between an accredited laboratory and a laboratory of the department, an appeal analysis may be requested by letter, telegram, or other writing to the director. The sample to be analyzed in the appeal analysis shall be submitted to the headquarters laboratory of the department at Sacramento. The cost of the appeal analysis, including any sampling or shipping required, shall be at the expense of the requesting party. The findings from the appeal analysis are binding on all parties.

article: 4.5. Commercial Laboratories


text: The director may seize and hold any lot of produce, or any unharvested produce that is within one week of being in a harvestable condition, which carries or is suspected of carrying pesticide residue or other added deleterious ingredients in violation of this chapter or any regulation adopted pursuant to this chapter.

history: (History: Amended by Stats. 1990, Ch. 288, Sec. 1.)

article: 5. Seizure

path: 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS > 1.5. Produce Carrying Pesticide Residue > 5. Seizure


text: If the director seizes any lot of produce, he shall issue to the owner or bailee a hold order or notice. He may affix to the lot a warning tag which states that the lot is so held.

article: 5. Seizure


text:
Any lot of produce for which a hold order or notice is issued shall be held by the owner or bailee of the produce and shall not be disturbed or moved from the place where it is, except under the specific direction of the director, pending final disposition pursuant to this chapter.

This does not prevent the owner or bailee from inspecting any produce so seized, nor from taking therefrom, in the presence of a person designated by the director, a reasonable sample for evidence.

article: 5. Seizure


text: Any produce which is seized and held pursuant to this article, unless previously analyzed by the director, shall be sampled and analyzed within 24 hours after the seizure for the purpose of determining the amount of pesticide residue on it. The owner or bailee of the produce shall be immediately notified in person or by telegram by the director that the analysis of the sample shows that the produce does or does not carry pesticide residue or other added deleterious ingredient in violation of this chapter or any regulation adopted pursuant to this chapter.

history: (History: Amended by Stats. 1990, Ch. 288, Sec. 2.)

article: 5. Seizure


text: Upon the demand of the owner or bailee at or prior to the time of the sampling by the director, the sample which is drawn shall be divided into two approximately equal parts, one part of which shall be sealed and left with the owner or bailee and one part taken for analysis by the director.

article: 5. Seizure


text: If the seized and held lot, as determined by the director’s chemical analysis, does not carry pesticide residue in excess of any maximum which is provided by this chapter or in excess of a permissible tolerance, the director shall forthwith release the seized and held lot from the seizure and remove the hold order or tag.

history: (History: Amended by Stats. 1983, Ch. 717, Sec. 6.)

article: 5. Seizure


text: If the seized and held lot of produce is found to carry pesticide residue in excess of any maximum which is provided by this chapter or in excess of a permissible tolerance, the director shall, upon request of the owner, permit the lot of produce to be reconditioned or disposed of for byproducts purposes which may lawfully contain the pesticide residue found.

history: (History: Amended by Stats. 1983, Ch. 717, Sec. 7.)

article: 5. Seizure


text: Upon demand of the owner or bailee for permission to remove the produce for reconditioning or use for byproducts, the director shall release the produce to the custody of the agricultural commissioner of any county which is designated by the owner or bailee if the commissioner advises the director that facilities for reconditioning the produce or for converting it into byproducts are available in the county and that the commissioner will supervise the reconditioning or conversion into byproducts of the lot if it is released.

article: 5. Seizure


text: Upon demand of the owner or person in rightful possession of the produce for permission to remove the produce destined for processing, the director shall release the produce to the custody of the State Director of Health Services.

history: (History: Amended by Stats. 1986, Ch. 248, Sec. 46.)

article: 5. Seizure


text: The produce after reconditioning is subject to all the provisions of this chapter pending its final release by the director pursuant to Section 12606.

article: 5. Seizure


text: If the lot of produce which is seized and held is found to carry excess pesticide residue, the owner or bailee of the lot may appeal the result of the examination to the director by letter, telegram, or other writing, within three days of the notice to the owner or bailee which is provided for in Section 12604.

history: (History: Amended by Stats. 1983, Ch. 717, Sec. 8.)

article: 5. Seizure


text: Upon receipt of an appeal by the owner or bailee, the director shall, after reasonable notice to the owner, if known, or, if not known, to the bailee, take a further sample and submit it under an individual lot number to the headquarters laboratory of the department at Sacramento for an appeal chemical analysis.

article: 5. Seizure


text: The director shall permit the owner to be present in person or by his representative at the taking of the sample to be submitted for the appeal chemical analysis. The cost of the sampling and analysis shall be at the expense of the owner or bailee. The findings from the appeal chemical analysis are binding on both parties.

article: 5. Seizure


text: After seizure by the director pursuant to this chapter of any lot of produce upon which an appeal analysis is to be made, the director upon request shall permit the owner or bailee to move the produce to a specified commercial cold storage warehouse which is suited for preserving it against deterioration. The storage is subject, however, to the terms of any hold order or notice issued pursuant to this article.

article: 5. Seizure


text: If the appeal analysis shows that the lot of produce carries pesticide residue in excess of any maximum which is provided in this chapter or in excess of a permissible tolerance, the lot of produce may be disposed of pursuant to Sections 12607, 12608, and 12609.

history: (History: Amended by Stats. 1983, Ch. 717, Sec. 9.)

article: 5. Seizure


text: If the appeal analysis shows that the lot of produce does not carry pesticide residue in excess of any maximum which is provided by this chapter, or in excess of a permissible tolerance, the director shall forthwith release the lot from the seizure and remove the hold order or tag.

history: (History: Amended by Stats. 1984, Ch. 193, Sec. 25.)

article: 5. Seizure


text: As used in this article, “nuisance” means the public nuisance which is specified in Section 12642.

article: 6. Abatement as Public Nuisance

path: 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS > 1.5. Produce Carrying Pesticide Residue > 6. Abatement as Public Nuisance


text: Any lot of produce which is found to carry pesticide residue in excess of any maximum which is provided in this chapter, or in excess of a permissible tolerance, together with its containers, is a public nuisance, and if not disposed of pursuant to Article 5 (commencing with Section 12601) of this chapter, is subject to disposal on complaint of the director to a court of competent jurisdiction.

history: (History: Amended by Stats. 1983, Ch. 717, Sec. 11.)

article: 6. Abatement as Public Nuisance


text: The district attorney of the county in which the nuisance is found, at the request of the director, shall maintain, in the name of the people of the State of California, a civil action to abate and prevent the nuisance.

history: (History: Amended by Stats. 1967, Ch. 26.)

article: 6. Abatement as Public Nuisance


text: Upon judgment and by order of the court, the nuisance shall be condemned and destroyed in the manner directed by the court, or denatured or otherwise processed, or released upon such conditions as the court in its discretion may impose to insure that the nuisance shall be abated.

article: 6. Abatement as Public Nuisance


text: If the owner fails to comply with the order of the court within the time which is specified in the order, the court may order the disposal or sale of the produce or containers which are a nuisance, under the terms and conditions as the court may prescribe, by the director, or by the sheriff or marshal.

history: (History: Amended by Stats. 1996, Ch. 872, Sec. 29. Effective January 1, 1997.)

article: 6. Abatement as Public Nuisance


text: If the court orders the sale of any of the produce or containers which can be salvaged, the costs of disposal shall be deducted from the proceeds of sale and the balance paid into court for the owner.

article: 6. Abatement as Public Nuisance


text: A proceeding pursuant to this article where the value of the property seized amounts to thirty-five thousand dollars ($35,000) or less is a limited civil case.

history: (History: Amended by Stats. 2023, Ch. 861, Sec. 10. (SB 71) Effective January 1, 2024.)

article: 6. Abatement as Public Nuisance


text:
(a) Notwithstanding any other provision of this code, a site within this state that has been treated with, or a plant, crop, or commodity, whether grown in this state or elsewhere, that has been treated with, or grown on a site treated with, a pesticide that is not registered for use on that plant, crop, commodity, or site is a public nuisance and may be seized by order of the director.

(b) The unlawful treatment described in subdivision (a) creates, in favor of the director, rebuttable presumptions affecting the burden of producing evidence pursuant to Section 604 of the Evidence Code as follows:

(1) That the treated plant, crop, commodity, or site, or any plant, crop, or commodity grown on the treated site, presents a hazard to human health or the environment.

(2) That the pesticide was used to gain an unfair business advantage for the owner or person in possession or control of the plant, crop, commodity, or site.

(c) The director shall provide notice to the owner or person in possession or control of the plant, crop, commodity, or site prior to seizure, unless the director has reason to believe that prior notice would result in the loss of control by the director of that plant, crop, commodity, or site, in which case notice shall be given as soon as practical, but in any event within five days of the seizure. The notice shall specify the grounds for the seizure and provide that the owner or person in possession or control, within 15 days of receipt of the notice, may request a hearing before the director to contest the seizure or rebut the presumptions specified in subdivision (b). The hearing shall be held not later than five days from the date the request of the owner or person is received by the director. The director shall render a written decision within five days of the hearing or within five days of the expiration of the time to request a hearing if no hearing was requested. The decision shall either release the plant, crop, commodity, or site from seizure or make any of the following orders:

(1) Destruction of the plant, crop, or commodity.

(2) Prohibition of harvest or sale of the plant, crop, or commodity grown on the site.

(3) Prohibition of the use or planting of the site, which may be for the period of any plant back time specified for the pesticide used on the site.

(4) Any other appropriate action or measure.

(d) Review of the decision of the director may be sought by the owner or person in possession or control of the plant, crop, commodity, or site pursuant to Section 1094.5 of the Code of Civil Procedure.

history: (History: Amended by Stats. 1997, Ch. 17, Sec. 42. Effective January 1, 1998.)

article: 6. Abatement as Public Nuisance


text:
(a) It is unlawful for the owner of a plant, crop, or commodity to knowingly treat or apply to that plant, crop, or commodity, or cause that plant, crop, or commodity to be treated or applied, with a pesticide that was stolen or otherwise acquired by illegal means.

(b) The owner of a crop, who is found by a court to have violated this section, in addition to any other penalties imposed by a court, shall be subject to a fine of ten thousand dollars ($10,000) plus an amount equal to one-half the value of the crop on which the illegally obtained pesticide was applied.

(c) For purposes of this section, “one-half the value of the crop” means one-half the market value of the crop that was actually treated with the illegally obtained pesticide as determined by the actual sale of the crop or, if the crop is not actually sold, as determined by the director based on an average of the typical market value for such a crop sold in the normal channels of trade in the year in which the crop was produced and in the preceding two years.

(d) Moneys received as a result of fines and penalties imposed pursuant to this section shall be divided and distributed as follows:

(1) Fifty percent to the county in which the case was brought to court or in which a court-approved settlement of the matter was negotiated.

(2) Twenty-five percent to the office of the county agricultural commissioner.

(3) Twenty-five percent to the department.

history: (History: Amended by Stats. 1996, Ch. 361, Sec. 24. Effective January 1, 1997.)

article: 6. Abatement as Public Nuisance


text: Any person who is licensed pursuant to this code and who is found by a court to have knowingly sold, applied, or provided pesticides that were stolen or otherwise obtained illegally, in addition to any other penalty that may be imposed, shall have his or her license or licenses suspended for a minimum of 18 months.

history: (History: Amended by Stats. 1996, Ch. 361, Sec. 25. Effective January 1, 1997.)

article: 6. Abatement as Public Nuisance


text: The director may bring an action to enjoin the violation or the threatened violation of any order made pursuant to Section 12648 in the superior court in the county in which the order was issued or the violation has occurred or is threatening to occur. The court may enjoin the violation or threatened violation upon this showing and without evidence of irreparable injury. The court may compel specific performance of any acts or course of conduct necessary to implement any order made pursuant to Section 12648.

history: (History: Added by Stats. 1988, Ch. 908, Sec. 3.)

article: 6. Abatement as Public Nuisance


text: It is unlawful for any person to pack, ship, or sell any produce that carries pesticide residue in excess of the permissible tolerance which is established by the director pursuant to this chapter.

history: (History: Amended by Stats. 1983, Ch. 717, Sec. 12.)

article: 7. Violations

path: 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS > 1.5. Produce Carrying Pesticide Residue > 7. Violations


text: The director or commissioner may prohibit the harvest of any produce or may seize and hold any lot of produce when a preharvest interval specified in the registered labeling of a pesticide applied to the produce has not been complied with. Except as provided in Section 12673, this harvest prohibition shall not extend beyond the expiration of the preharvest interval. Lots of produce so seized shall be held until the preharvest interval has expired and the director has determined that any pesticide residue is within a permissible tolerance.

history: (History: Amended by Stats. 1990, Ch. 288, Sec. 3.)

article: 7. Violations


text: The director or commissioner may prohibit the harvest of any produce that carries pesticide residue in excess of a permissible tolerance which is established by the director pursuant to this chapter.

history: (History: Amended by Stats. 1983, Ch. 717, Sec. 13.)

article: 7. Violations


text: It is unlawful for any person to harvest, pack, ship, sell, transport, destroy, or dispose of any plant, crop, or commodity which has been seized pursuant to Section 12648, except in accordance with the decision of the director issued pursuant to Section 12648, unless the person otherwise has received written permission from the director.

history: (History: Added by Stats. 1988, Ch. 908, Sec. 4.)

article: 7. Violations


text: Unless the context otherwise requires, the definitions in this article govern the construction of this chapter.

history: (History: Enacted by Stats. 1967, Ch. 15.)

chapter: 2. Pesticides

article: 1. Definitions

path: 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS > 2. Pesticides > 1. Definitions


text: “Defoliating” includes killing or artifically accelerating the drying of plant tissues, with or without causing abscission.

article: 1. Definitions


text:
“Pesticide” includes any of the following:

(a) Any spray adjuvant.

(b) Any substance, or mixture of substances which is intended to be used for defoliating plants, regulating plant growth, or for preventing, destroying, repelling, or mitigating any pest, as defined in Section 12754.5, which may infest or be detrimental to vegetation, man, animals, or households, or be present in any agricultural or nonagricultural environment whatsoever.

history: (History: Amended by Stats. 1996, Ch. 361, Sec. 27. Effective January 1, 1997.)

article: 1. Definitions


text: “Insect” means any animal within the class of animals which are known as “Insecta” or any similar animal such as a centipede, spider, mite, tick, or louse.

article: 1. Definitions


text:
“Pest” means any of the following that is, or is liable to become, dangerous or detrimental to the agricultural or nonagricultural environment of the state:

(a) Any insect, predatory animal, rodent, nematode, or weed.

(b) Any form of terrestrial, aquatic, or aerial plant or animal, virus, fungus, bacteria, or other microorganism (except viruses, fungi, bacteria, or other microorganisms on or in living man or other living animals).

(c) Anything that the director, by regulation, declares to be a pest.

history: (History: Added by Stats. 1988, Ch. 161, Sec. 2. Effective June 10, 1988. Note: See this section as modified on July 17, 1991, in Governor's Reorganization Plan No. 1 of 1991.)

article: 1. Definitions


text: “Registrant” means a person that has registered a pesticide and has obtained a certificate of registration from the department.

history: (History: Amended by Stats. 1996, Ch. 361, Sec. 28. Effective January 1, 1997.)

article: 1. Definitions


text:
“Regulating plant growth” means the use of any substance or mixture of substances intended, through physiological action, for accelerating or retarding the rate of growth or rate of maturation, or for otherwise altering the behavior of plants or the produce thereof.

However, it shall not include the use of substances to the extent that they are intended as plant nutrients, trace elements, nutritional chemicals, plant inoculants, and soil amendments.

Also, “regulating plant growth” shall not be required to include at all the use of any of such of those nutriment mixtures or soil amendments as are commonly known as vitamin-hormone horticultural products, intended for improvement, maintenance, survival, health, and propagation of plants and are not for pest destruction and are nontoxic, nonpoisonous in the undiluted packaged concentration.

history: (History: Repealed and added by Stats. 1974, Ch. 686.)

article: 1. Definitions


text: “Rodent” means all members of the order Rodentia and all rabbits and hares.

article: 1. Definitions


text: “Service container” means any container, other than the original labeled container of a registered pesticide provided by the registrant, that is utilized to hold, store, or transport the pesticide or the use-dilution of the pesticide.

history: (History: Amended by Stats. 1996, Ch. 361, Sec. 29. Effective January 1, 1997.)

article: 1. Definitions


text: “Spray adjuvant” means any wetting agent, spreading agent, deposit builder, adhesive, emulsifying agent, deflocculating agent, water modifier, or similar agent, with or without toxic properties of its own, which is intended to be used with another pesticide as an aid to the application or effect of the other pesticide, and sold in a package that is separate from that of the pesticide other than a spray adjuvant with which it is to be used.

history: (History: Amended by Stats. 1996, Ch. 361, Sec. 30. Effective January 1, 1997.)

article: 1. Definitions


text: “Use-dilution” means a dilution specified on the label or labeling that produces the concentration of the pesticide for a particular purpose or effect.

history: (History: Amended by Stats. 1996, Ch. 361, Sec. 31. Effective January 1, 1997.)

article: 1. Definitions


text: “Weed” means any plant which grows where not wanted.

article: 1. Definitions


text: The director may adopt regulations which are reasonably necessary to carry out this chapter.

article: 2. General Provisions

path: 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS > 2. Pesticides > 2. General Provisions


text: A copy of the regulations which are adopted by the director pursuant to this chapter shall be mailed to each registrant promptly upon promulgation of the regulation. The failure to receive such copy is no defense to a violation of any regulation.

article: 2. General Provisions


text: Any person who is charged with the enforcement or execution of this chapter shall not be directly or indirectly interested in the sale, manufacture, or distribution of any pesticide.

history: (History: Amended by Stats. 1996, Ch. 361, Sec. 32. Effective January 1, 1997.)

article: 2. General Provisions


text: Any money that is received by the director pursuant to this chapter shall be paid into the State Treasury to the credit of the Department of Pesticide Regulation Fund. Registration fees and assessments received pursuant to this chapter shall be expended only for the administration and enforcement of Chapter 2 (commencing with Section 12751), Chapter 3 (commencing with Section 14001), and Chapter 3.5 (commencing with Section 14101) of Division 7.

history: (History: Amended by Stats. 1997, Ch. 695, Sec. 17. Effective January 1, 1998.)

article: 2. General Provisions


text:
The Legislature hereby finds and declares all of the following:

(a) The continued viability of the agricultural economy is of paramount importance to the people of California.

(b) The development of alternatives to existing pesticides available for the control of pests is prudent, and the development of alternatives to pesticides is important for the protection of the public health and safety.

(c) The ability of the state to control, detect, exclude, and eradicate pest infestations is necessary to continue the preeminent position of this state as the leading farm state and is essential for the continuing supply of foodstuffs.

history: (History: Amended by Stats. 1990, Ch. 1129, Sec. 4.)

article: 2.5. Agricultural Pest Control Research

path: 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS > 2. Pesticides > 2.5. Agricultural Pest Control Research


text: Proposals for research consistent with the purposes of this article may be submitted to the committee by any person, organization, institution, or governmental agency.

history: (History: Added by Stats. 1984, Ch. 1593, Sec. 1.)

article: 2.5. Agricultural Pest Control Research


text: Members of the research and screening committees shall serve without compensation, but shall be reimbursed for all necessary expenses incurred in the performance of their duties and approved by the secretary.

history: (History: Amended by Stats. 1994, Ch. 545, Sec. 3.5. Effective January 1, 1995.)

article: 2.5. Agricultural Pest Control Research


text: To the extent that funding is available, the secretary shall maintain a program to develop new methods and modify existing methods for testing produce for the presence of pesticide residues. The secretary may consult with representatives of the federal Food and Drug Administration, the State Department of Health Services, the Department of Pesticide Regulation, public and private institutions of higher education, other laboratories, or any other entity he or she deems appropriate. The secretary shall focus his or her review on analytical methods for pesticide residues that are not detectable on existing multiple-residue screens, and on pesticide residue detection methods that the secretary deems are difficult to accurately identify and quantify due to time, equipment, or expense.

history: (History: Amended by Stats. 1994, Ch. 545, Sec. 4. Effective January 1, 1995.)

article: 2.5. Agricultural Pest Control Research


text:
(a) The department shall establish a competitive grants program to make funds available to qualified public and private entities to conduct pest management research projects. All of the research related to pest management funded by the department shall be administered pursuant to this program.

(b) Research conducted pursuant to this section shall have the further development of alternative pest management practices and methods and the further development of pest exclusion detection and eradication methods as priorities. Before making research awards, the department shall assess existing research activities and developments in integrated pest management, alternatives to pesticides, and other alternative pest management practices and methods, including, but not limited to, cultural, biological, and biotechnological research.

(c) (1) The secretary shall establish a Pest Management Research Committee, which shall award all funds under the competitive grants program.

(2) The primary objective of the committee is the further development of pest prevention activities and alternative pest management practices, techniques, and methods that exclude serious pests, as determined by the committee, detect and quickly eliminate small infestations of foreign pests, and reduce pesticide use, minimize or eliminate pesticide residues, or result in the use of safer pesticides. In achieving that objective, the committee shall encourage the development and use of biological controls, integrated pest management, biotechnology, cultural, pest prevention, and other alternative pest management methods that are environmentally sound and economically viable.

(3) The committee shall consist of the following 12 persons, who shall serve at the pleasure of the secretary:

(A) The Secretary of Food and Agriculture or their designee, who shall serve as chairperson.

(B) The President of the University of California or their designee.

(C) The Chancellor of the California State University or their designee.

(D) Two members who represent the agricultural community, one of whom is an experienced organic farmer and one of whom is knowledgeable and experienced in alternative pest management techniques.

(E) Two members who represent pest management researchers, one of whom represents California’s public and private colleges and universities and one of whom represents California’s independent research community, both of whom are knowledgeable in pest prevention, control, eradication, and pest management.

(F) One member who represents public interest organizations, qualified in environmental or public health, or both, and knowledgeable in alternative pest management techniques.

(G) One member who represents the Office of Environmental Health Hazard Assessment, with experience in public health or toxicology.

(H) One member who represents county agricultural commissioners, knowledgeable and experienced in alternative pest management techniques and pest prevention, control, and eradication.

(I) One member who represents the Department of Pesticide Regulation, with experience in pest management systems.

(J) One member who represents the State Department of Public Health, with experience in public health.

(4) The committee shall award funds based upon a competitive application process that meets the eligibility of fulfilling, and has the ability to fulfill, the objectives of this section.

(5) The approval of research proposals shall be made by a majority vote of the membership of the committee.

(d) For any proposals funded pursuant to this section, the department shall require reasonable accountability, including performance standards, periodic reports, deadlines, and payments conditioned on compliance with performance standards and deadlines.

(e) Funding for second and subsequent years of a multiyear award shall be contingent upon satisfactory completion by the grantee of the prior year grant objectives or deliverables, as determined by the committee.

(f) In order to facilitate the use of pest management practices and methods developed pursuant to this section, the secretary shall cooperate with qualified public and private entities to provide outreach consultation, information dissemination, and educational services to the agricultural community and other interested parties.

history: (History: Amended by Stats. 2024, Ch. 60, Sec. 8. (AB 2113) Effective July 2, 2024.)

article: 2.5. Agricultural Pest Control Research


text:
The secretary shall establish a Pest Science and Technology Screening Committee, which shall function as a scientific peer review committee on exotic pest research proposals submitted pursuant to Section 12798. The screening committee shall conduct and provide a thorough evaluation of the scientific merit, environmental soundness, and economic viability of each proposal. The committee shall meet at the request of the secretary and after reviewing all current proposals shall make recommendations to the Pest Management Research Committee established pursuant to Section 12798 as to which proposals should be funded. The committee shall consist of the following members:

(a) Five members who represent California’s public and private colleges and universities or private research community, each of whom possesses a degree in entomology, plant pathology, or environmental studies, and who are knowledgeable, technically qualified, and experienced in exotic pest biology and pest exclusion, detection, and eradication research.

(b) One member who represents the department, with experience in pest prevention.

(c) One member who represents the Office of Environmental Health Hazard Assessment, with experience in public health or toxicology.

(d) One member who represents the State Department of Health Services, with experience in public health.

history: (History: Amended by Stats. 1994, Ch. 545, Sec. 7. Effective January 1, 1995.)

article: 2.5. Agricultural Pest Control Research


text: This chapter does not apply to any preparation, drug, or chemical which is intended to be used or sold solely for medicinal or cosmetic use by humans or to commercial feed as defined in Section 14925.

history: (History: Amended by Stats. 1979, Ch. 732.)

article: 3. Exemptions

path: 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS > 2. Pesticides > 3. Exemptions


text: A person may mix or dilute any registered pesticide in accordance with its registered labeling for his or her own use or for use in his or her own business without having become a registrant pursuant to this chapter.

history: (History: Amended by Stats. 1996, Ch. 361, Sec. 33. Effective January 1, 1997.)

article: 3. Exemptions


text:
The director, by regulation, may exempt from all or part of the requirements of this division a pesticide exempted pursuant to Section 25(b) of the federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. Sec. 136w (b)) as a pesticide that is determined to be of a character unnecessary to be subject to that act, if both of the following apply:

(a) The director individually evaluates each listed substance exempted pursuant to the federal authority and concurs in the decision by the United States Environmental Protection Agency Administrator to exempt that substance.

(b) The director excludes from the exempting regulation those specific requirements of this division that may otherwise be applicable that are necessary to protect the public health or the environment. Notwithstanding any other provision of law, the director shall retain authority to regulate any substance exempted pursuant to this section whether registered or not.

history: (History: Amended by Stats. 1998, Ch. 485, Sec. 79. Effective January 1, 1999.)

article: 3. Exemptions


text:
(a) The director, by regulation, may exempt from all or part of the requirements of this division a liquid chemical sterilant product for use on a critical or semi-critical medical device that is exempt from the federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. Sec. 136 et seq.) pursuant to subdivision (u) of Section 2 of that act (7 U.S.C. Sec. 136 (u)), and that has obtained clearance from the federal Food and Drug Administration under subdivision (k) of Section 510 of the federal Food, Drug, and Cosmetic Act (21 U.S.C. Sec. 306 (k)) if both of the following apply:

(1) The product does not include ethylene oxide as an active ingredient.

(2) The director excludes from the exempting regulation requirements to report pesticide-related illnesses, to collect information and data concerning pesticide-related illnesses, and to transmit that information and data to the appropriate agency or entity for inspection or followup, and other specific requirements of this division that may otherwise be applicable and that are necessary to protect the public health or the environment. Notwithstanding any other provision of law, the director shall retain the authority to regulate any substance exempted pursuant to this section whether registered or not.

(b) On or before July 1, 1998, the director may adopt the regulations authorized under subdivision (a) as emergency regulations. In adopting those regulations as emergency regulations, the director is not required to make the finding required by subdivision (b) of Section 11346.1 of the Government Code.

history: (History: Added by Stats. 1997, Ch. 530, Sec. 1. Effective January 1, 1998.)

article: 3. Exemptions


text: Every manufacturer of, importer of, or dealer in any pesticide, except a person that sells any raw material to a manufacturer of any pesticide or a dealer or agent that sells any pesticide that has been registered by the manufacturer or wholesaler, shall obtain a certificate of registration from the department before the pesticide is offered for sale.

history: (History: Amended by Stats. 1996, Ch. 361, Sec. 34. Effective January 1, 1997.)

article: 4. Registration

path: 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS > 2. Pesticides > 4. Registration


text:
(a) On or before May 1, 2025, and annually thereafter, until May 2, 2028, the department shall annually report the average processing times to review and evaluate, and issue final decisions on, applications to register new pesticide products or amend existing pesticide product registrations for the prior calendar year, and post this information on its internet website. The report shall include the number of days, on average, that it took to complete an application and the number of days, on average, that an application spent in intake and in each stage of scientific evaluation.

(b) On or before May 1, 2029, and annually thereafter, the department shall report the average processing times for the applications described in subdivision (a) for the prior calendar year and post this information on its internet website. This information shall include all of the following:

(1) The number of applications by registration category that were completed within the timeframes specified pursuant to subdivision (a) of Section 12839. This number shall be reported based on nonagricultural, agricultural, and dual use products.

(2) The number of applications that exceeded the timeframes specified in each of subdivision (a), (d), or (e) of Section 12839. This number shall be reported for each respective subdivision based on nonagricultural, agricultural, and dual use products.

(3) The number of days applications spent, on average, in intake and at each stage of scientific evaluation.

history: (History: Amended by Stats. 2025, Ch. 67, Sec. 76. (AB 1170) Effective January 1, 2026.)

article: 4. Registration


text:
The director may rely on any evaluations of previously submitted data to determine whether to accept an application for registration of a new pesticide product, an amendment to the registration of a registered pesticide product, or to maintain the registration of a registered pesticide product regardless of the ownership of the data previously evaluated, if the previously submitted data fulfills current data requirements. However, effective January 1, 2006, applicants will be subject to the following provisions:

(a) (1) If an applicant for registration of a pesticide product, or an amendment to the registration of a registered pesticide product, including a registrant that desires to maintain its registration of a registered pesticide product after the director makes a formal request for additional data pursuant to reevaluation or Section 12824, does not submit its own data to fulfill a current data requirement imposed by the director and relies on data that the applicant does not own or have written permission to rely on that was submitted to the director by another entity after January 1, 1991, and meets the three criteria set forth in this subdivision, the applicant shall either: (A) obtain written permission from the data owner to rely on the data; (B) formulate or obtain its product from a source that has data authorization from the data owner, or a source that complies with subdivision (c); or (C) if the data meets the criteria set forth in subparagraphs (A), (B), and (C) of paragraph (2), irrevocably offer to pay the data owner a share of the cost of producing the data and comply with subdivision (d). The director may rely on data submitted before January 1, 1991, or that does not meet the criteria set forth in subparagraphs (A), (B), and (C) of paragraph (2) to support any application or comply with any formal reevaluation request for additional data, without permission from the data owner. An offer to pay, and a payment pursuant to that offer, shall only be required as to data not submitted by the applicant that meets the criteria set forth in subparagraphs (A), (B), and (C) of paragraph (2).

(2) To be eligible for cost sharing pursuant to this subdivision, the data shall meet all of the following requirements:

(A) The data was required by the director in order to obtain, amend, or maintain the data owner’s California registration or registrations for uses covered by the application, amendment, or formal request for additional data pursuant to reevaluation or Section 12824.

(B) There has been no arbitration award, data compensation, or data cost-sharing agreement pertaining to data supporting the product at the federal level pursuant to Section 3(c)(1)(F)(iii) or 3(c)(2)(B) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. Sec. 136a(c)(1)(F)(iii) or 136a(c)(2)(B)), or, if an award or agreement exists, the use of data in California was excluded from compensation or cost sharing on its face.

(C) The data that fulfills a current requirement was submitted to the United States Environmental Protection Agency or the department no more than 15 years before the date of the applicant’s California registration, application, or amendment or the formal reevaluation request for additional data to which the registrant’s reliance responds, provided that as to data submitted to the department as of August 1, 2005, in support of the first registration of a product, the applicable period shall be 17 years from the date of submission to the United States Environmental Protection Agency.

(b) If the director previously imposed a specific documented data requirement after January 1, 1991, to obtain, amend, or maintain the California registration of a pesticide product substantially similar to the applicant’s product and that data requirement is not currently imposed in California for registration, amendment, or maintenance of the applicant’s product, the applicant is further obligated to submit data to meet the requirement, obtain written permission from an owner of the data to rely on the data, formulate or obtain its product from a source that has authorization from the data owner to rely on the data or from a source that complies with subdivision (c), or, if the data meets the criteria set forth in paragraphs (1), (2), and (3), irrevocably offer to pay the data owner a share in the cost of producing the data and comply with subdivision (c). An offer to pay, and a payment pursuant to that offer, shall only be required as to data not submitted by the applicant that meets the criteria set forth in paragraphs (1), (2), and (3). To be eligible for cost sharing pursuant to this subdivision, the data shall meet all of the following requirements:

(1) The data met a specific, documented requirement of the director to obtain, amend, or maintain the California registration of the data owner’s pesticide product for a use covered by the applicant’s application or amendment.

(2) There has been no arbitration award, data compensation, or data cost-sharing agreement pertaining to data supporting the product at the federal level pursuant to Section 3(c)(1)(F)(iii) or 3(c)(2)(B) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. Sec. 136a(c)(1)(F)(iii) or 136a(c)(2)(B)), or, if an award or agreement exists, the use of the data in California was excluded from compensation or cost sharing on its face.

(3) The data was submitted to the United States Environmental Protection Agency or Department of Pesticide Regulation by the data owner after January 1, 1991, and no more than 15 years before the date of the applicant’s California application for registration or amendment or the response to a formal specific document data requirement to which the registrant’s reliance responds, provided that as to data submitted to the department as of August 1, 2005, in support of the first registration of a product, the applicable period shall be 17 years from the date of submission to the United States Environmental Protection Agency.

(c) An applicant may formulate its product from a source that does not have data authorization if that source has submitted data to support the product or makes or has made an irrevocable offer to pay the data owner a share of the cost of producing the data required pursuant to subdivision (a) or (b) for the applicant’s product and complies with or has made payment in accordance with subdivision (d). If the source has already reached a data compensation or cost-sharing agreement or there has been an arbitration award under the Federal Insecticide, Fungicide, and Rodenticide Act (commencing with 7 U.S.C. Sec. 136) that excludes the right to rely on the data to satisfy the California requirement on its face, the source shall make or have made a new irrevocable offer to pay a share of the cost of producing that data to support the applicant’s product in California and comply with subdivision (d).

(d) (1) If an applicant is required to offer to pay a share in the cost of producing the data pursuant to subdivision (a) or (b), or if a source of product makes an offer pursuant to subdivision (c), the applicant or source shall submit to the data owner upon application to the department an irrevocable offer to pay the data owner a share in the cost of producing the data and to comply with regulations promulgated under this subdivision to determine the amount and terms, if the parties cannot agree. If a data owner for which cost sharing is required under subdivision (a) or (b) cannot be identified from information readily available to the applicant, the applicant’s obligation under subdivision (a) or (b) will be absolved if the data owner does not identify themselves to the applicant within 12 months after registration of the pesticide product. If within 12 months of registration, the data owner identifies themselves to the applicant and the applicant has not already made an irrevocable offer to pay to the data owner, or the applicant’s source of product has not made an offer pursuant to subdivision (c), the applicant shall do so promptly. In either event, the specific terms and amount of payments to be made shall be fixed by agreement between the applicant and the data owner, but determination of those amounts and terms shall not delay approval of the applicant’s application.

(2) If agreement cannot be reached about the terms and amount of payment required by this section at any time more than 90 days after issuance of an irrevocable offer to pay, either the applicant, source, or data owner may initiate, or with the consent of all parties, join a proceeding under the Federal Insecticide, Fungicide, and Rodenticide Act (commencing with 7 U.S.C. Sec. 136), pursuant to regulations promulgated by the director pursuant to this section. The purpose of this proceeding shall be to determine the amount due under this section. The director shall promulgate those regulations as emergency regulations within 60 days of the enactment of the bill that enacts this section. The regulations shall provide all of the following:

(A) Allow the proceeding authorized by this subdivision, upon mutual agreement of the parties, to be consolidated with dispute resolution under the Federal Insecticide, Fungicide, and Rodenticide Act (commencing with 7 U.S.C. Sec. 136).

(B) Require that the decisionmaker consider, among other factors, that the data owner’s exclusive right to sell the pesticide resulted in the data owner recovering all or part of the costs of generating the data.

(C) Require that the parties to the proceeding share equally in the payment of the expenses thereof.

(e) If a data owner fails to participate in a procedure for reaching an agreement or in a proceeding as required by subdivision (d), or fails to comply with the terms of an agreement or decision conducted under subdivision (d), then that data owner forfeits their right to cost recovery as a result of the use of the data at issue.

(f) If the director finds that an applicant has failed to make an offer to pay as required under subdivision (a) or (b), or if its source of product has failed to make an offer pursuant to subdivision (c), or if an applicant or its source of product has failed to participate in a proceeding for reaching an agreement, has refused to participate in a proceeding pursuant to subdivision (d), or has failed to comply with an agreement or to comply with an order, or to pay an award resulting from that proceeding, the director shall cancel the registration of the pesticide product in support of which the data was used in accordance with subdivision (g), notwithstanding Section 12825.

(g) If the applicant subject to subdivision (a) or (b) fails to comply with this article, the data owner shall notify the director of the specific provision of noncompliance and provide proof of notification to the applicant of its claim of noncompliance. All parties shall have 30 days from the date of receipt of notification by the director to submit written evidence or arguments to the director regarding the claim and any defenses thereto. The director shall provide a written finding within 60 days of the deadline for submission as to the claim and the resulting consequences.

(h) A hearing or live testimony shall not be conducted under subdivision (g) and this proceeding shall not be used as mechanism to prevent or delay the registration or payment for cost sharing as determined by this article. The finding of the director shall be final and conclusive, except that any party aggrieved by such a finding may seek review within 30 days of the finding pursuant to Section 1094.5 of the Code of Civil Procedure.

(i) In lieu of seeking a determination by the director and cancellation of the registration pursuant to subdivision (f), the data owner may bring an action in any California court of competent jurisdiction against the applicant to enforce the obligations of that party set forth in this section.

(j) Cost sharing as provided in subdivisions (a), (b), and (c) shall not be required to support an application for annual renewal of a pesticide product registration, provided this provision shall not authorize renewal of a product registered before the effective date of this section if that registration is declared to have been unlawfully issued by a court of competent jurisdiction.

(k) The Department of Pesticide Regulation shall make available in the public domain its index of data submitted in support of registration applications, the ownership of that data, and the date it was submitted to California.

history: (History: Amended by Stats. 2024, Ch. 60, Sec. 10. (AB 2113) Effective July 2, 2024.)

article: 4. Registration


text:
(a) The director shall establish, by regulation, fees for the department’s registration program, as established pursuant to this division. The fees shall include, but are not limited to, the following:

(1) Annual fees for each product submitted for registration.

(2) Penalties for the late payment of registration fees.

(3) Fees for amendments to registered products.

(b) The fees established pursuant to this section may include costs for administration and overhead in connection with administering the fees.

(c) The fees established pursuant to this section shall be set so that the total revenue collected each fiscal year is sufficient to support the expenditure levels for the registration program contained in the annual Budget Act.

(d) Funds collected pursuant to this section shall be deposited into the Department of Pesticide Regulation Fund, and shall be available for expenditure by the department, upon appropriation by the Legislature, for purposes of carrying out the department’s pesticide registration program, as established pursuant to this division.

(e) The regulations adopted pursuant to this section, or any amendment or readoption thereto, shall be adopted by the director in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. However, the adoption, amendment, readoption, or repeal of these regulations shall be considered by the Office of Administrative Law as an emergency, and necessary for the immediate preservation of the public peace, health, safety, and general welfare. Notwithstanding any other law, the regulations shall remain in effect until amended by the director.

(f) On or before January 31 of each year, if the department determines that it might increase the fees established pursuant to this section during the calendar year, the department shall post the determination on its internet website and send the determination through any of its relevant, registration-related email lists.

history: (History: Amended by Stats. 2024, Ch. 60, Sec. 11. (AB 2113) Effective July 2, 2024.)

article: 4. Registration


text: Any county, state, or federal officer or employee who sells any pesticide at cost is not required to pay any fee that is imposed by this chapter.

history: (History: Amended by Stats. 1996, Ch. 361, Sec. 35. Effective January 1, 1997.)

article: 4. Registration


text: If a manufacturer, importer, or dealer in pesticides that applies for registration of pesticides has complied with this chapter and the regulations that are adopted pursuant to it, the director shall register each pesticide that is sought to be registered and issue a certificate of registration to the applicant that authorizes the manufacture and sale of the pesticide in this state.

history: (History: Amended by Stats. 1997, Ch. 17, Sec. 43. Effective January 1, 1998.)

article: 4. Registration


text: If the director finds that registration cannot be permitted due to noncompliance with this chapter or the regulations which are adopted pursuant to it, he or she may, after reasonable notice, call a hearing for the purpose of determining whether the application shall be reconsidered or denied.

history: (History: Amended by Stats. 1984, Ch. 717, Sec. 7.)

article: 4. Registration


text: Every registration expires on December 31st of each year except when renewal is applied for within one month thereafter in the manner which is provided for registration.

history: (History: Amended by Stats. 1984, Ch. 717, Sec. 8.)

article: 4. Registration


text: If renewal is not applied for within one calendar month after the expiration of a registration, a penalty as prescribed by the director pursuant to Section 12812 shall be added to the registration fee.

history: (History: Amended by Stats. 2003, Ch. 741, Sec. 64. Effective January 1, 2004.)

article: 4. Registration


text: A penalty shall not be collected if the person that makes application for renewal of registration makes an affidavit that no business was done during the period of nonregistration.

history: (History: Amended by Stats. 1984, Ch. 717, Sec. 10.)

article: 4. Registration


text: The payment of any renewal fee or penalty is not a bar to any prosecution for doing business without proper registry.

history: (History: Enacted by Stats. 1967, Ch. 15.)

article: 4. Registration


text: Each applicant for a certificate of registration shall also file a statement of every brand, trademark, and kind of pesticide that the applicant intends to manufacture or sell, the correct name and percentage of each active ingredient in the pesticide, and the total percentage of inert ingredients that are contained in the pesticide. The director, whenever he or she deems it necessary for the effective administration of this chapter, may require the submission of the complete formula for the pesticide.

history: (History: Amended by Stats. 1996, Ch. 361, Sec. 37. Effective January 1, 1997.)

article: 4. Registration


text: A supplemental application for registration of any additional pesticide may be submitted at any time without payment of the penalty required by Section 12818.

history: (History: Amended by Stats. 1996, Ch. 361, Sec. 38. Effective January 1, 1997.)

article: 4. Registration


text: A change in the name or percentage, or both, of an inert ingredient is not a change in composition of the pesticide that requires a new registration unless the change in inert material results in a change in the use or application of the pesticide.

history: (History: Amended by Stats. 1996, Ch. 361, Sec. 39. Effective January 1, 1997.)

article: 4. Registration


text:
(a) The director shall endeavor to eliminate from use in the state any pesticide that endangers the agricultural or nonagricultural environment, is not beneficial for the purposes for which it is sold, or is misrepresented. In carrying out this responsibility, the director shall develop an orderly program for the continuous evaluation of all pesticides actually registered.

(b) Before a substance is registered as a pesticide for the first time, there shall be a thorough and timely evaluation in accordance with this section. Appropriate restrictions may be placed on its use, including, but not limited to, limitations on quantity, area, and manner of application. All pesticides for which renewal of registration is sought also shall be evaluated in accordance with this section.

(c) The director may establish specific criteria to evaluate a pesticide with regard to the factors listed in Section 12825. The department may establish performance standards and tests that are to be conducted or financed, or both conducted and financed, by the registrants, applicants for registration, or parties interested in the registration of those pesticides.

(d) Each pesticide registrant or applicant shall, upon request of the director, submit any data determined by the director to be necessary to carry out this section.

history: (History: Amended by Stats. 2024, Ch. 60, Sec. 12. (AB 2113) Effective July 2, 2024.)

article: 4. Registration


text:
(a) (1) On or before July 1, 2025, and annually thereafter, until July 2, 2029, the department shall annually identify and initiate the reevaluation of potential adverse effects of at least one pesticide in addition to those already under reevaluation.

(2) On or before July 1, 2029, and each year thereafter, the department shall annually identify and initiate the reevaluation of potential adverse effects of at least two pesticides in addition to those already under reevaluation.

(b) (1) If the department identifies potential adverse effects of a pesticide pursuant to subdivision (a), the department shall adopt any necessary mitigation measures within 24 months.

(2) If the department is unable to adopt mitigation measures within 24 months, the director shall set forth the reasons this requirement has not been met in the report described in subdivision (c), and include an updated projected timeline for adopting mitigation measures, which shall not exceed an additional 6 months.

(c) The department shall annually report on, and post on its internet website, its actions to identify and evaluate potential adverse effects of pesticides, and to develop mitigation measures to address those effects. The report and internet website posting shall include, but not be limited to, a list of pesticides under risk assessment, reevaluation, or mitigation development, and shall provide the current status and projected timelines associated with each of those actions and all other applicable reporting requirements in this chapter.

(d) The department, on or before July 1, 2026, shall identify actions to improve the efficiency of its internal processes for reevaluating pesticides. The goal of these actions shall be to complete new reevaluations within five years of their initiation. If the department identifies any regulatory or statutory changes that would improve the efficiency of the reevaluation process, the director shall notify the respective policy and fiscal committees of the Legislature of those changes on or before July 1, 2026.

(e) The department, on or before January 1, 2025, shall post on its internet website an estimated completion time for the pesticides that the department has under reevaluation as of January 1, 2024.

history: (History: Added by Stats. 2024, Ch. 60, Sec. 13. (AB 2113) Effective July 2, 2024.)

article: 4. Registration


text:
(a) Pursuant to Section 12824, the director, after a hearing, may cancel the registration of, or refuse to register, a pesticide if any of the following conditions apply:

(1) The pesticide has significant adverse environmental effects for which there is no feasible mitigation available.

(2) The use of the pesticide is of less public value or greater detriment to the environment than the benefit received by its use.

(3) There is a reasonable, effective, and practicable alternate material or procedure for the pesticide that is demonstrably less destructive to the environment.

(4) The pesticide, when properly used, is detrimental to vegetation, except weeds, to domestic animals, or to the public health and safety.

(5) The pesticide is of little or no value for the purpose for which it is intended.

(6) The registrant or their agent makes or implies a false or misleading statement concerning the pesticide, either verbally or in writing, or in the form of any advertising literature, for the purpose of meeting any registration requirement under this division, or that is otherwise related in any way to the pesticide.

(7) The director determines that the registrant has failed to report an adverse effect or risk for the pesticide as required by Section 12825.5.

(8) The director determines that the registrant has failed to comply with the requirements of a reevaluation or to submit the data required as part of the reevaluation of the registrant’s product or pursuant to Section 12824.

(9) The pesticide is required to be registered pursuant to the federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. Sec. 136 et seq.) and is not so registered.

(b) In making a determination pursuant to this section, the director may require those practical demonstrations that are necessary to determine the facts.

history: (History: Amended by Stats. 2024, Ch. 60, Sec. 14. (AB 2113) Effective July 2, 2024.)

article: 4. Registration


text:
(a) If, during the registration process or at any time after the registration of a pesticide, the registrant has factual or scientific evidence of any adverse effect or risk of the pesticide to human health, livestock, crops, or the environment that has not been previously submitted to the department, the registrant shall submit the evidence to the director in a timely manner. All such information, including, but not limited to, that information required under Section 6(a)(2) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. Sec. 136d (a)(2)), shall be submitted to the director.

(b) The director may adopt regulations that are reasonably necessary to carry out this section.

history: (History: Amended by Stats. 1996, Ch. 361, Sec. 42. Effective January 1, 1997.)

article: 4. Registration


text: If the director has reason to believe that any of the conditions stated in Section 12825 are applicable to any registered pesticide and that the use or continued use of that pesticide constitutes an immediate substantial danger to persons or to the environment, the director, after notice to the registrant, may suspend the registration of that pesticide pending a hearing and final decision. If an accusation pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code is not filed within 10 days from the date of the notice, the suspension shall be terminated.

history: (History: Amended by Stats. 1996, Ch. 361, Sec. 43. Effective January 1, 1997.)

article: 4. Registration


text:
The director may cancel a certificate of registration, or, refuse to issue certification to any manufacturer, importer, or dealer in any pesticide that repeatedly violates any of the provisions of this chapter or the regulations of the director.

The proceedings 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 has all the powers that are granted therein.

history: (History: Amended by Stats. 1996, Ch. 361, Sec. 44. Effective January 1, 1997.)

article: 4. Registration


text: Whenever the director cancels the registration of, or refuses to register, any pesticide currently registered by the United States Environmental Protection Agency, the director shall provide the applicant or registrant with the basis for the decision and the reasons why a conclusion different from, contrary to, or inconsistent with, the conclusion and findings of the United States Environmental Protection Agency was reached.

history: (History: Amended by Stats. 1996, Ch. 361, Sec. 45. Effective January 1, 1997.)

article: 4. Registration


text: Action by the director pursuant to Sections 12824, 12825, 12826, or 12827 is not a condition precedent to the institution of any action to prosecute a violation of the chapter.

history: (History: Added by Stats. 1969, Ch. 1169.)

article: 4. Registration


text:
(a) A registrant at any time may request that the registration of any of its pesticides be voluntarily canceled. The request shall be in writing and shall include a waiver of the registrant’s right to a hearing on the cancellation.

(b) The director shall mail a notice of cancellation of registration of the pesticides to the registrant. The notice shall specify the effective date of the cancellation.

(c) The pesticides for which the registration is canceled may be sold and possessed as if the product’s registration was not renewed unless the director determines that protection of human health or the environment require otherwise, in which case the cancellation notice shall specify the conditions under which the product may be sold or possessed after cancellation of its registration.

history: (History: Amended by Stats. 1996, Ch. 361, Sec. 46. Effective January 1, 1997.)

article: 4. Registration


text: If a person has a research authorization for a pesticide issued pursuant to Section 6260 of Title 3 of the California Code of Regulations for the purpose of testing the pesticide, and the produce on which the pesticide was tested is required to be destroyed, any actual costs incurred by the commissioner to investigate and confirm the destruction of the produce shall be paid for by the person who has the research authorization. The costs charged by the commissioner shall not exceed one hundred twenty-five dollars ($125) per testsite. The board of supervisors of each county may adopt a fee schedule to cover the commissioner’s costs under this section.

history: (History: Amended by Stats. 1996, Ch. 361, Sec. 47. Effective January 1, 1997.)

article: 4. Registration


text:
(a) Notwithstanding any other provision of this chapter, alfalfa and all vegetable crops, when grown for seed production, with the exception of corn, beans, pumpkin, and peas, shall be considered a nonfood and nonfeed site of pesticide use for the purpose of pesticide registration. In order to be determined to be a nonfood or nonfeed site for the purposes of this section, the following conditions shall be met:

(1) All seed screenings shall be disposed of in such a way that they cannot be distributed or used for food or feed. The seed conditioner shall keep records of screenings disposal for three years from the date of disposal and shall furnish the records to the director upon request. Disposal records shall consist of documentation from a controlled waste disposal site, incinerator, cogeneration plant, composting facility, or other equivalent disposal site.

(2) No portion of the seed plant, including, but not limited to, green chop, hay, pellets, meal, whole seed, cracked seed, or seed screenings shall be used or distributed for food or feed purposes.

(3) All seed crops grown on a nonfood or nonfeed site in this state, or conditioned in this state, shall bear a tag or container label that forbids the use of the seed for human consumption or animal feed.

(4) No seed grown on a nonfood or nonfeed site in this state, or conditioned in this state, may be distributed for human consumption or animal feed.

(b) Nothing in this section prevents the department from imposing conditions for alfalfa seed sites in addition to those contained in this section, or from rescinding any current label requirements for pesticides approved for alfalfa seed production.

(c) Nothing in this section exempts the department from reviewing worker safety evaluations with regard to the use of pesticides involving crops specified in subdivision (a).

(d) A violation of any condition specified in subdivision (a) by the person responsible for the use of the pesticide is a violation of this chapter, and is subject to the civil and criminal penalties and injunctive relief provisions specified in Article 12 (commencing with Section 12996). A violation of any condition specified in subdivision (a) by the person responsible for the disposition of seed screenings is a violation of Chapter 6 (commencing with Section 14901) and is subject to enforcement by the Department of Food and Agriculture.

history: (History: Amended by Stats. 1996, Ch. 361, Sec. 48. Effective January 1, 1997.)

article: 4. Registration


text:
(a) Notwithstanding any other provision of this chapter, the director may issue a certificate of emergency registration for a pesticide if all of the following conditions are met:

(1) The pesticide is currently registered by the United States Environmental Protection Agency pursuant to Section 3 of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. Sec. 136a) for the use specified in subparagraph (B) of paragraph (5).

(2) The active ingredient of the pesticide was previously registered under Section 18 of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. Sec. 136p) in order to respond to an emergency pest control problem.

(3) The applicant demonstrates to the department that the pesticide qualifies for registration pursuant to Section 12815 and the department determines that it is probable that the pesticide will receive registration pursuant to this division within one year.

(4) The applicant for emergency registration submits to the director all data required for registration pursuant to this division and the regulations adopted pursuant to this division.

(5) The director makes both of the following findings based on substantial evidence:

(A) The use of the pesticide during the period of emergency registration will not pose a potential significant risk to public health or safety or to the environment. In making this finding, the director shall review the risks associated with the use of the pesticide and determine if those risks are significant given the limitations that will be imposed on the use of the pesticide during the emergency registration period.

(B) The emergency registration of the pesticide is necessary in order to effectively respond to an emergency pest control problem. For purposes of this subparagraph, an emergency pest control problem shall be deemed to exist if the director finds that a pest infestation is present in the state for which no feasible pest control method is available that is a reasonable alternative to the use of the pesticide for which the emergency registration is requested. In making a determination pursuant to this subparagraph, the director shall identify the pest infestation that is the subject of the emergency, describe the pest control methods that have been demonstrated as ineffective against the infestation or that are otherwise not reasonable alternatives, and summarize the evidence that demonstrates that the pesticide for which emergency registration has been requested is efficacious against the pest infestation.

(b) At the same time as the director issues a certificate of emergency registration for a pesticide pursuant to this section, the director shall establish limitations on the use of the pesticide that the director determines are necessary to prevent a potential significant risk to human health or safety or the environment. The director shall limit the use of any pesticide granted a certificate of emergency registration to the control of the emergency pest infestation described in subparagraph (B) of paragraph (5) of subdivision (a).

(c) A certificate of emergency registration may be issued for a period not to exceed one year and may be renewed one time only.

(d) A certificate of emergency registration may not be renewed unless the director does all of the following:

(1) Publishes a notice that an application for renewal of the certificate of emergency registration has been received.

(2) Makes all of the following findings:

(A) That the findings made by the director in support of the certificate of emergency registration pursuant to paragraph (5) of subdivision (a) remain valid.

(B) That there are no indications that the pesticide, when used in accordance with applicable label instructions and the limitations established pursuant to subdivision (b), poses a significant risk to worker safety and health. The director shall base this finding on a review of the data required for registration pursuant to this division, experience with the use of the pesticide during the period the certificate of emergency registration was in effect, and any other information the director has required the applicant to submit or received from the applicant or any other person.

(C) That the failure to complete the registration of the pesticide during the period the certificate of emergency registration was in effect is due to circumstances that were not under the control of the applicant, and that the data required for registration pursuant to this division is complete and meets all of the requirements of this division and the regulations adopted pursuant to this division.

(3) Convenes a workshop, if one is requested by any interested or aggrieved person, concerning the reasons for the renewal of the certificate of emergency registration. The director shall review information and comments provided by persons who attend the workshop and take that information and those comments into account in determining if the certificate of emergency registration may be renewed.

(e) The director shall immediately revoke any certificate of emergency registration issued pursuant to this section if either of the following occurs:

(1) The United States Environmental Protection Agency suspends or cancels the registration of the pesticide or the particular use of the active ingredient in the pesticide that allows it to be used in the emergency pest infestation described in subparagraph (B) of paragraph (5) of subdivision (a).

(2) The director determines during a subsequent review of data required for registration pursuant to this division that the use of the pesticide will pose a potential significant risk to the public health or safety or to the environment.

history: (History: Amended by Stats. 1996, Ch. 361, Sec. 49. Effective January 1, 1997.)

article: 4. Registration


text:
(a) The director, by January 1, 1999, shall implement a program for the expedited registration of or for the expedited amendment of the registration of any pesticide classified by the United States Environmental Protection Agency as a “public health pesticide” or “antimicrobial pesticide” and that is determined by the director to have human health protection benefits that warrant eligibility for expedited processing. Nothing in this section limits the director’s authority to provide expedited registration for any other pesticide product.

(b) For the purposes of this section, “expedited registration” and “expedited amendment of the registration” mean that the director shall review an application for registration or for amendment of a registration concurrently in time with the review conducted by the United States Environmental Protection Agency. This section shall not be construed to require or authorize modification of any guidelines, protocols, or standards applicable to the review of an application for registration.

history: (History: Added by Stats. 1997, Ch. 428, Sec. 1. Effective January 1, 1998.)

article: 4. Registration


text: The director shall accept applications for registration of pesticide products containing a new active ingredient concurrently with the application to the United States Environmental Protection Agency. The application for registration must include all data and information that meet the requirements of this chapter.

history: (History: Added by Stats. 2005, Ch. 612, Sec. 7. Effective January 1, 2006.)

article: 4. Registration


text: The director shall, with the assistance of the Legislative Analyst, conduct a study to consider more carefully the consequences of data-sharing agreements required under Section 12811.5 and the volume of high-hazard pesticides sold in California. The report shall be submitted to the Legislature no later than December 31, 2008.

history: (History: Amended by Stats. 2006, Ch. 93, Sec. 2. Effective January 1, 2007.)

article: 4. Registration


text:
(a) The director may waive the submission or review, or both, of efficacy data developed by a registrant as a prerequisite for registration for any antimicrobial pesticide product if all of the following conditions have been met with respect to each antimicrobial pesticide product:

(1) The director finds that the United States Environmental Protection Agency’s guidelines, protocols, and standards of review in existence at the time the product was reviewed by the United States Environmental Protection Agency are consistent with, and no less stringent than, California guidelines, protocols, and standards and generally accepted scientific practices.

(2) The director finds that, with respect to the particular antimicrobial pesticide product reviewed under this section, the United States Environmental Protection Agency actually implemented the guidelines, protocols, and standards of review for which the director made the required finding pursuant to paragraph (1). In making this finding, the director may request any relevant studies or documentation from the registrant.

(b) Nothing in this section shall be construed as a limitation on the director to request or to review any efficacy data or studies or to subject any product to testing, at any time.

history: (History: Added by Stats. 1997, Ch. 428, Sec. 2. Effective January 1, 1998.)

article: 4. Registration


text:
(a) On or before July 1, 2018, the department shall issue a determination with respect to its reevaluation of neonicotinoids.

(b) (1) Within two years after making the determination specified in subdivision (a), the department shall adopt any control measures necessary to protect pollinator health.

(2) If the department is unable to adopt the necessary control measures within two years as required in paragraph (1), the department shall submit a report to the appropriate committees of the Legislature setting forth the reasons the requirement of paragraph (1) has not been met.

(3) The department shall update the report submitted to the appropriate committees of the Legislature pursuant to paragraph (2) every year until the department adopts the necessary control measures specified in paragraph (1).

(c) (1) For purposes of this subdivision, the following definitions apply:

(A) “Cumulative impacts of exposure” means the collective impact of exposure to two or more neonicotinoid pesticides.

(B) “Neonicotinoid pesticide” means a pesticide containing acetamiprid, clothianidin, dinotefuran, imidacloprid, thiamethoxam, or any other chemical designated by the department as belonging to the neonicotinoid class of chemicals.

(2) Beginning January 1, 2025, a person shall not sell, possess, or use a pesticide containing one or more neonicotinoid pesticides for any use that is excluded from the definition of “agricultural use” in Section 11408 on nonproduction outdoor ornamental plants, trees, or turf, with the exception of use and possession by state certified applicators and sale by state licensed pest control dealers.

(3) The department shall evaluate, at a minimum, the potential impacts of the neonicotinoid pesticide uses described in paragraph (2) on pollinating insects, aquatic organisms, and human health, taking into account relevant routes of exposure, as follows:

(A) On or before January 1, 2024, the department shall issue a draft human health risk assessment of imidacloprid.

(B) On or before July 1, 2024, the department shall initiate a reevaluation of neonicotinoid pesticides relative to pollinating insects, aquatic organisms, and human health, taking into account relevant routes of exposure.

(C) On or before January 1, 2025, the department shall issue a final human health risk assessment for imidacloprid.

(D) On or before January 1, 2025, the department shall issue draft human health risk assessments for the neonicotinoid chemicals described in subparagraph (B) of paragraph (1) other than imidacloprid.

(E) On or before July 1, 2025, the department shall issue an evaluation of the impact of neonicotinoid pesticides on aquatic organisms.

(F) On or before January 1, 2026, the department shall issue final human health risk assessments for the neonicotinoid chemicals described in subparagraph (B) of paragraph (1) other than imidacloprid.

(G) On or before July 1, 2027, the department shall issue a determination with respect to the reevaluation of neonicotinoid pesticides on their impacts on pollinating insects, aquatic organisms, and human health.

(4) On or before July 1, 2029, the department shall adopt any necessary control measures for the use of neonicotinoid pesticides that are determined by the department to be necessary, based on the evaluations described in paragraph (3).

(5) If the department is unable to meet any deadline required in paragraph (3) or (4), the department shall submit a report to the appropriate committees of the Legislature setting forth the reasons the deadline or deadlines have not been met.

(6) In performing the evaluations described in paragraph (3), the department shall consider the cumulative impacts of exposure to multiple neonicotinoid pesticides unless the department can demonstrate with substantial evidence that one or more neonicotinoid pesticides do not share a common mechanism of toxicity and do not present risk of cumulative harm.

(7) The department is not required to conduct a reevaluation of any use of neonicotinoid pesticides for the protection of agricultural commodities, as defined in Section 6000 of Title 3 of the California Code of Regulations.

history: (History: Amended by Stats. 2024, Ch. 80, Sec. 52. (SB 1525) Effective January 1, 2025.)

article: 4. Registration


text:
(a) On and after July 1, 2027, the department shall meet the following timelines to review and evaluate, and issue final decisions on, applications to register new pesticide products or amend existing pesticide product registrations, as specified in this article, except as provided in subdivisions (b), (d), and (e).

(1) For review and evaluation of, and issuance of a final decision on, an application for registration of a new active ingredient, 30 months from the date of submittal of a complete application.

(2) For review and evaluation of, and issuance of a final decision on, an application for registration of a new product or letter of acceptance to amend an existing product registration, when previously evaluated data support registration or amendment and no supporting scientific data is required for review, six months from the date of submittal of a complete application.

(3) For review and evaluation of, and issuance of a final decision on, an application for registration of a new product or letter of acceptance to amend an existing product registration, when evaluation of data is required, 12 months from the date of submittal of a complete application.

(4) In cases where the submitted application for registration of a new product or amendment of an existing product registration does not include supporting scientific data for review, but the department subsequently determines that the application requires data evaluation, 12 months from the date of submittal of the required data.

(b) The department may toll the applicable timeline provided in subdivision (a) under any of the following circumstances:

(1) The applicant fails to correct a deficiency with the application identified by the department within a 15-business-day timeframe.

(2) An application requires United States Environmental Protection Agency approval.

(3) The applicant corrects a deficiency with the application, but also makes substantive changes to the product or label that exceeds correcting the deficiency.

(4) Nonpayment of a registration fee by the applicant for the certificate of registration.

(5) The application is reliant on data associated with another identical or substantially similar product submission undergoing registration review by the department.

(c) Upon the conclusion of a circumstance that was the basis for the department tolling an applicable timeline pursuant to subdivision (b), the tolling period shall end and the applicable timeline shall resume within 15 business days after the department became aware of the conclusion of the circumstance.

(d) If the department cannot meet an applicable timeline provided in subdivision (a), the director may extend the timeline for up to two 60-day periods by notifying the applicant in writing and specifying both of the following:

(1) The reasons why additional time is needed.

(2) The estimated number of days needed that would allow the director to complete the certificate of registration.

(e) In addition to subdivision (d), the director and the applicant may mutually agree, in writing, to additionally extend an applicable timeline provided in subdivision (a).

history: (History: Amended by Stats. 2025, Ch. 67, Sec. 77. (AB 1170) Effective January 1, 2026.)

article: 4. Registration


text:
(a) It is the intent of the Legislature that, when the department hires staff due to the mill increases described in Section 12841 and registration fee increases in 2024, the department prioritize hiring for positions within the pesticide registration branch.

(b) Beginning in 2025, the director, when requested by the appropriate policy committees of the Assembly and Senate, but no less than once every two years, shall appear before the appropriate policy committees of the Assembly and Senate to provide an update on the department’s performance, including, but not limited to, its performance completing timely registrations and reevaluations pursuant to this chapter, and any other information that the committees request.

history: (History: Added by Stats. 2024, Ch. 60, Sec. 16. (AB 2113) Effective July 2, 2024.)

article: 4. Registration


text:
(a) A person shall not sell for use in this state any pesticide products that have been registered by the director for which the mill assessment established by this article, and the regulations adopted pursuant to it, is not paid at the times specified in Section 12843.

(b) Except as provided in subdivision (d), every person who sells for use in this state a pesticide product that has been registered by the director shall pay to the director the applicable assessment. Those sales expressly include all sales made electronically, telephonically, or by any other means that result in a pesticide product being shipped to or used in this state. There is a rebuttable presumption that pesticide products that are sold or distributed into or within this state by any person are sold or distributed for use in this state.

(c) Upon application of a registrant, the director shall determine whether a fertilizer or paper product is used as a carrier for a pesticide, and is sold in combination, and whether the mill assessment under this article shall be on the pesticide value only, when the product is designed, developed, and manufactured, and sold primarily for other than a pesticide use. If the director finds that the combination product has such a major component and is designed, developed, manufactured, and sold primarily for other than a pesticide use, the assessment provided by this article shall be paid on the equivalent percentage of the sales price of the active ingredients of the pesticide product. The director shall establish this percentage of the sales price. The percentage shall be the ratio of that portion of the sales price attributable to the pesticide portion to the total sales price of the combination product.

(d) Assessments provided for in this article for sales of registered pesticides that are sold for use in this state shall be paid by the person or entity that first sold the pesticide for use in this state.

(e) It has been and continues to be the intent of the Legislature that this division requires the department to register all pesticides before their sale for use in this state and, except as otherwise provided by law, requires the department to regulate and control the use of pesticides in accordance with this division. Except as provided in Section 12841.1, the department shall continue to collect the assessment as provided in this article at the same rate on all registered agricultural and registered nonagricultural pesticides.

(f) (1) The mill assessment shall be paid at the following rates per dollar of sales for all sales of pesticides for use in this state:

(A) From July 1, 2024, to June 30, 2025, inclusive, the rate shall be 24.5 mills ($0.0245) per dollar sales of all sales of registered pesticides for use in this state plus any additional assessment authorized by Section 12841.1.

(B) From July 1, 2025, to June 30, 2026, inclusive, the rate shall be 27 mills ($0.027) per dollar sales of all sales of registered pesticides for use in this state plus any additional assessment authorized by Section 12841.1.

(C) From July 1, 2026, to June 30, 2027, inclusive, the rate shall be 29 mills ($0.029) per dollar sales of all sales of registered pesticides for use in this state plus any additional assessment authorized by Section 12841.1.

(D) On and after July 1, 2027, the rate shall be 30 mills ($0.030) per dollar sales of all sales of registered pesticides for use in this state plus any additional assessment authorized by Section 12841.1.

(2) The regulations adopted pursuant to this section, or any amendment thereto, shall be adopted by the director in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. However, the adoption, amendment, readoption, or repeal of these regulations shall be considered by the Office of Administrative Law as an emergency, and necessary for the immediate preservation of the public peace, health, safety, and general welfare. Notwithstanding any other law, the regulations shall remain in effect until amended by the director. The director shall make available to the public, upon the adoption of an emergency regulation establishing a new rate, the information on which the director has calculated, based, or determined the new rate.

(g) The revenue collected pursuant to this section shall be deposited into the Department of Pesticide Regulation Fund and distributed as follows:

(1) Notwithstanding Sections 2282 and 12784, the director shall pay, in accordance with the criteria set forth in Section 12844, the following amounts to the counties as reimbursement for costs incurred by the counties in the administration and enforcement of Division 6 (commencing with Section 11401), this chapter, Chapter 3 (commencing with Section 14001), Chapter 3.4 (commencing with Section 14090), and Chapter 3.5 (commencing with Section 14101):

(A) From January 1, 1998, to March 31, 1998, inclusive, five-eighths of the money received during that period pursuant to this section.

(B) From April 1, 1998, to June 30, 2004, an amount equal to the revenue derived from 6 mills ($0.006) per dollar of sales for all pesticide sales for use in this state.

(C) Beginning July 1, 2004, an amount equal to the revenue derived from 7.6 mills ($0.0076) per dollar of sales for all pesticide sales for use in this state.

(2) All funds not otherwise distributed pursuant to this subdivision shall remain in the Department of Pesticide Regulation Fund and shall be available for expenditure, upon appropriation by the Legislature, to support the department’s operations.

(h) For purposes of this section, “active ingredient” means any active ingredient that is required to be stated on the label on any registered pesticide under Section 12883.

history: (History: Amended by Stats. 2024, Ch. 60, Sec. 17. (AB 2113) Effective July 2, 2024.)

article: 4.5. Assessments

path: 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS > 2. Pesticides > 4.5. Assessments