Article 1. Generally of California Food And Agricultural Code >> Division 7. >> Chapter 3. >> Article 1.

The director shall control and otherwise regulate the use of restricted materials found to meet the criteria of Section 14004.5.

This chapter applies to all agencies of the United States and the State of California and its subdivisions or to their officers, agents, or employees. Nothing in this section affects the liability of a public entity under Section 862 of the Government Code.

This article does not relieve any person from liability for any damage to the person or property of another person which is caused by the use of any restricted material.

The director, and the commissioner of each county under the direction and supervision of the director, shall enforce this chapter and the regulations issued pursuant to it.

The director shall, by regulation, designate and establish as necessary to carry out the purposes of this division, a list of restricted materials based upon, but not limited to, any of the following criteria:
  (a) Danger of impairment of public health.
  (b) Hazards to applicators and farmworkers.
  (c) Hazards to domestic animals, including honeybees, or to crops from direct application or drift.
  (d) Hazard to the environment from drift onto streams, lakes, and wildlife sanctuaries.
  (e) Hazards related to persistent residues in the soil resulting ultimately in contamination of the air, waterways, estuaries or lakes, with consequent damage to fish, wild birds, and other wildlife.
  (f) Hazards to subsequent crops through persistent soil residues.

Except as provided in subdivision (d) of Section 14006.6, the director shall adopt regulations which govern the possession and use of any restricted material which he or she finds and determines is injurious to the environment or to any person, animal, crop, or other property.

The regulations shall prescribe the time when, and the conditions under which, a restricted material may be used or possessed in different areas of the state, and may prohibit its use or possession in those areas. This usage shall be limited to those situations in which it is reasonably certain that no injury will result, or no nonrestricted material or procedure is equally effective and practical. They may provide that a restricted material shall be used only under permit of the commissioner or under the direct supervision of the commissioner, subject to any of the following limitations:
  (a) In certain areas.
  (b) Under certain conditions relating to safety.
  (c) When used in excess of certain quantities or concentrations.
  (d) When used in certain mixtures.
  (e) In compliance with the industrial safety orders of the Department of Industrial Relations and any order of the director or commissioner.
  (f) On agreement by the owner or person in possession of the property to be treated to comply with certain conditions.
  (g) Any other limitation the director determines to be necessary to effectuate the purposes of this chapter. This section shall become operative on January 1, 1991.

Except as provided in Section 14006.6, no person shall use or possess any pesticide designated as a restricted material for any agricultural use except under a written permit of the commissioner. No permit shall be issued for any restricted material for use in any manner other than pursuant to its registration without the approval of the director. In addition, no permit shall be granted if the commissioner determines that the provisions of subdivision (a), (b), or (c) of Section 12825 would be applicable to the proposed use. Before issuing a permit for any pesticide the commissioner shall consider local conditions including, but not limited to, the following:
  (a) Use in vicinity of schools, dwellings, hospitals, recreational areas, and livestock enclosures.
  (b) Problems related to heterogeneous planting of crops.
  (c) Applications of materials known to create severe resurgence or secondary pest problems without compensating control of pest species.
  (d) Meteorological conditions for use.
  (e) Timing of applications in relation to bee activity.
  (f) Provisions for proper storage of pesticides and disposal of containers. Each permit issued for any pesticide shall include conditions for use in writing.

(a) A permit shall not be required for the agricultural use of any pesticide not designated as a restricted material unless the commissioner determines that its use will present an undue hazard when used under local conditions.
  (b) Permits for the use of pesticides shall not be required of persons found to be qualified by the director who are engaged in experimentation or research on the use of pesticides, where no charge is made to the person in charge of the property treated.
  (c) A permit shall not be required for the possession of pesticides by a registrant, as defined in Section 12755, or by a licensed pest control dealer when operating pursuant to the registration or the license; by commercial warehouses storing pesticides; or for the possession and use of these materials when specifically exempted by regulation of the director in cases in which the mitigation measures provided by the permit system are not necessary to avoid injury to the environment or to any person, animal, crop, or property.
  (d) Permits for the use of pesticides shall not be required of persons operating pursuant to a license issued under Chapter 14 (commencing with Section 8500) of Division 3 of the Business and Professions Code.

The director shall designate, by regulation, a list of "exempt materials" for which the director finds additional restrictions, other than registration and labeling requirements, are not necessary to carry out the purposes of this chapter. The exempt materials may be used without a permit if the use conforms with the registered label or printed instructions.

(a) Every permit that is issued under the regulations adopted pursuant to this chapter is conditioned upon compliance with this code and regulations adopted pursuant thereto and upon other specified conditions that may be required to accomplish the purposes of this chapter.
  (b) Any permit may be issued for a one-year period. Permits issued for perennial agricultural plantings, nonproduction agricultural sites, or nonagricultural sites may be issued for up to a three-year period.
  (c) The permittee or a designated agent shall report immediately any change in the information submitted or pertinent to the issuance of a valid permit to the appropriate commissioner.

Any permit may be refused, revoked, or suspended for violation of any of the conditions of the permit, or of a previous permit, or for violation of any provision of this division or of the regulations that are issued pursuant to it, or for the failure to pay a civil penalty or comply with any lawful order of the commissioner, once that order is final.

(a) Any interested person may request the commissioner to review his or her action in issuing, refusing, revoking, suspending, or conditioning a permit to use or possess a restricted material. The commissioner shall review the request and issue a written decision in response to the request to review within 10 days of receipt of the request, or as soon as practicable. The commissioner may affirm, modify, or cancel the permit action reviewed. A directly affected person may thereafter appeal to the director to review the commissioner's action.
  (b) The commissioner and director shall conduct each review in an expeditious manner so that needed pest control measures are not adversely affected.
  (c) Each request for review shall be submitted in writing to the commissioner by the person requesting the review and shall include all of the following:
  (1) The location of persons, property, or areas that would be affected and the location of property to be treated.
  (2) The name of the restricted material involved.
  (3) The name and address of the person in charge of the property to be treated, if different from the person filing the request for review.
  (4) Any other information that the person filing the request for review or the commissioner determines to be relevant.
  (d) In an appeal of a commissioner's action to the director, the issues are limited to any of the following:
  (1) Whether the proposed permit use is consistent with applicable pesticide label restrictions and applicable regulations.
  (2) Whether the commissioner properly considered the provisions of Section 14006.5.
  (3) Whether the commissioner abused his or her discretion in issuing, refusing, revoking, or conditioning the permit.
  (e) The director shall act on these appeals within 10 days of receipt thereof or as soon thereafter as is practicable. The director may stay the operation of a permit until his or her review is complete.
  (f) (1) Prior to conducting a public review, the director shall notify directly affected persons at least 72 hours in advance of the location and time of the public review.
  (2) Before acting on an appeal, the director shall, in a specified location open to the public, review the information provided to him or her as specified in this section if requested to do so in writing by any interested person.
  (3) The director may request additional testimony or other evidence specified in this section at the public review from interested persons.
  (g) Judicial review of any decision by the director pursuant to this section shall be pursuant to Section 1094.5 of the Code of Civil Procedure. Review shall be limited to whether the proposed permit use is consistent with applicable pesticide label restrictions and regulations and whether the director abused his or her discretion.

It is unlawful for any person to sell or deliver any restricted material to any person that is required by regulations adopted by the director to have a permit to possess or use the restricted material unless the permittee, or the permittee's agent to whom delivery is made, provides to the seller or the person delivering the restricted material a copy of a permit which authorizes possession or use of the kind and quantity of the restricted material on the date the restricted material is delivered.

It is unlawful for any person to apply any restricted material for which regulations have been adopted except as provided in the regulations which are adopted by the director.

Except as may be provided in regulations adopted by the director, a pesticide use report shall be submitted to the commissioner, on a form prescribed by the director, within seven days after each use of a restricted material.

(a) Any person who is required to register pesticides under Article 4 (commencing with Section 12811) of Chapter 2, and who sells or transfers any restricted material, shall keep accurate records of the amount and type of material involved in every sale or transfer of any restricted material. The records shall be open during ordinary business hours to the inspection of the director.
  (b) Each commissioner shall submit to the director a copy of each pesticide use report received pursuant to Section 14011.5, and any other relevant information the director may require. Copies of the reports from the commissioners shall be rendered to the director within one calendar month after they are received. The contents of these reports shall be summarized quarterly by the director as to the type of material and amounts, and the summaries shall be made a public record. The director may publish or distribute the summaries.

Except as provided by regulation adopted by the director, a restricted material shall only be possessed or used by, or under the direct supervision of, a private applicator, who is certified pursuant to Section 14093, or a certified commercial applicator, as defined by Section 6000 of Title 3 of the California Code of Regulations.