Article 1. Definitions And General Provisions of California Health And Safety Code >> Division 3. >> Chapter 8. >> Article 1.
"Pest," as used in this chapter, includes any plant, animal,
insect, fish, or other matter or material, not under human control,
which is offensive to the senses or interferes with the comfortable
enjoyment of life, or which is detrimental to the agricultural
industry of the State, and is not protected under any other provision
As used in this chapter, "public nuisance" includes, but is
not limited to, both of the following:
(a) Any breeding place or place of growth of a pest for which a
district may be initiated under Section 2822, which exists by reason
of any use made of the land on which it is found, or which exists by
reason of any artificial change in the natural condition of the land
on which it is found. The presence of any immature stages of any
pest, or the rooted stages of any plant pest, shall constitute prima
facie evidence the place is a breeding place for the pest.
(b) Water which is a breeding place for any pest for which a
district may be initiated under Section 2822.
This chapter is supplemental to any other provision of law
relating to the abatement of pests or nuisances.
"District," as used in this chapter, means any pest abatement
district formed pursuant to this chapter or pursuant to any law
which it supersedes.
Any person who restrains, hinders, obstructs, or threatens
any officer or employee of a district in the performance of that
person's duties as an officer or employee, or any person who
interferes with any work done by, or under the direction of, the
district, is guilty of a misdemeanor.
In case of a dispute between governmental agencies on the
need, or the methods and materials to be used, to abate or prevent a
public nuisance under this chapter, the matter shall be subject to
appeal to the State Director of Health Services within 10 days from
the date the dispute arises. The director shall take testimony on the
issue, shall decide the matter on appeal, and shall convey his
decision to the parties within 30 days of the receipt of the appeal.
The decision of the director shall be final and conclusive.
(a) Except as otherwise provided in subdivision (b), every
pest abatement district employee who handles, applies, or supervises
the use of any pesticide for public health purposes, shall be
certified by the state department as a vector control technician in
at least one of the following categories commensurate with assigned
(1) Mosquito control.
(2) Terrestrial invertebrate vector control.
(3) Vertebrate vector control.
(b) The state department may establish by regulation exemptions
from the requirements of this section that are deemed reasonably
necessary to further the purposes of this section.
(c) The state department shall establish by regulation minimum
standards for continuing education for any government agency employee
certified under Section 116110 and regulations adopted pursuant
thereto, who handles, applies, or supervises the use of any pesticide
for public health purposes.
(d) An official record of the completed continuing education units
shall be maintained by the state department. If a certified
technician fails to meet the requirements set forth under subdivision
(c), the state department shall suspend the technician's certificate
or certificates and immediately notify the technician and the
employing district. The state department shall establish by
regulation procedures for reinstating a suspended certificate.
(e) The state department shall charge and collect a nonreturnable
renewal fee of one hundred twenty dollars ($120) to be paid by each
continuing education certificant on or before the first day of July,
or on any other date that is determined by the state department. Each
person employed on September 29, 1996, in a position that requires
certification shall first pay the annual fee the first day of the
first July following that date. All new certificants shall first pay
the annual fee the first day of the first July following their
(f) The state department shall collect and account for all money
received pursuant to this section and shall deposit it in the
Vectorborne Disease Account provided for in Section 116112.
Notwithstanding Section 116112, fees deposited in the Vectorborne
Disease Account pursuant to this section shall be available for
expenditure, upon appropriation by the Legislature, to implement this
(g) Fees collected pursuant to this section shall be subject to
the annual fee increase provisions of Section 100425.