Section 12803 Of Article 3. Exemptions From California Food And Agricultural Code >> Division 7. >> Chapter 2. >> Article 3.
12803
. 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.