US Laws, Codes, Statutes & Cases

862.  (a) As used in this section, "pesticide" means:
   (1) An "economic poison" as defined in Section 12753 of the
Agricultural Code;
   (2) An "injurious material" the use of which is regulated or
prohibited under Chapter 3 (commencing with Section 14001) of
Division 7 of the Agricultural Code; or
   (3) Any material used for the same purpose as material referred to
in paragraphs (1) and (2).
   (b) A public entity is liable for injuries caused by its use of a
pesticide to the same extent as a private person except that no
presumption of negligence arises from the failure of a public entity
or a public employee to comply with a provision of a statute or
regulation relating to the use of a pesticide if the statute or
regulation by its terms is made inapplicable to the public entity or
the public employee.
   (c) Sections 11761 to 11765 of the Agricultural Code, relating to
reports of loss or damages from the use of pesticides, apply in an
action against a public entity under this section.