2009 California Food and Agricultural Code - Section 11501-11518 :: Chapter 2. General Provisions

11501.  The purposes of this division and Chapter 1 (commencing with
Section 12501), Chapter 2 (commencing with Section 12751), Chapter 3
(commencing with Section 14001), and Chapter 3.5 (commencing with
Section 14101) of Division 7 are as follows:
   (a) To provide for the proper, safe, and efficient use of
pesticides essential for production of food and fiber and for
protection of the public health and safety.
   (b) To protect the environment from environmentally harmful
pesticides by prohibiting, regulating, or ensuring proper stewardship
of those pesticides.
   (c) To assure the agricultural and pest control workers of safe
working conditions where pesticides are present.
   (d) To permit agricultural pest control by competent and
responsible licensees and permittees under strict control of the
director and commissioners.
   (e) To assure consumers and users that pesticides are properly
labeled and are appropriate for the use designated by the label and
that state or local governmental dissemination of information on
pesticidal uses of any registered pesticide product is consistent
with the uses for which the product is registered.
   (f) To encourage the development and implementation of pest
management systems, stressing application of biological and cultural
pest control techniques with selective pesticides when necessary to
achieve acceptable levels of control with the least possible harm to
nontarget organisms and the environment.

11501.1.  (a) This division and Division 7 (commencing with Section
12501) are of statewide concern and occupy the whole field of
regulation regarding the registration, sale, transportation, or use
of pesticides to the exclusion of all local regulation. Except as
otherwise specifically provided in this code, no ordinance or
regulation of local government, including, but not limited to, an
action by a local governmental agency or department, a county board
of supervisors or a city council, or a local regulation adopted by
the use of an initiative measure, may prohibit or in any way attempt
to regulate any matter relating to the registration, sale,
transportation, or use of pesticides, and any of these ordinances,
laws, or regulations are void and of no force or effect.
   (b) If the director determines that an ordinance or regulation, on
its face or in its application, is preempted by subdivision (a), the
director shall notify the promulgating entity that it is preempted
by state law. If the entity does not repeal its ordinance or
regulation, the director shall maintain an action for declaratory
relief to have the ordinance or regulation declared void and of no
force or effect, and shall also bring an action to enjoin enforcement
of the ordinance or regulation.
   (c) Neither this division nor Division 7 (commencing with Section
12501) is a limitation on the authority of a state agency or
department to enforce or administer any law that the agency or
department is authorized or required to enforce or administer.
   (d) At the request of any state agency disseminating information
on the pesticidal uses of any product, the director shall consult
with, and provide technical assistance to, that agency to ensure that
the dissemination is based on valid scientific information and
consistent with state law.

11501.5.  The director, and the commissioner of each county under
the direction and supervision of the director, shall enforce this
division and the regulations which are issued pursuant to it.

11502.  The director shall adopt regulations which govern the
conduct of the business of pest control.

11502.5.  (a) The director may adopt regulations to establish the
minimum requirements of education, continuing education, training,
experience, and examination for applicants for any license or
certificate, or renewal of any license or certificate, issued by the
director pursuant to this division or Division 7 (commencing with
Section 12500). The director shall not renew a license or certificate
if the person who was issued the license or certificate did not
complete the required continuing education during the period of
validity of the license or certificate, and the person must take and
pass the examination to be again issued such a license or
certificate.
   (b) The director shall establish, by regulation, fees for the
Department of Pesticide Regulation's licensing and certification
programs as established pursuant to this division or Division 7
(commencing with Section 12500). These programs include, but are not
limited to:
   (1) License and certificate examination, application, and renewal.
   (2) Approval of continuing education courses and continuing
education course providers.
   (3) Changes related to any license or certificate, including, but
not limited to, name or address changes, license or certificate
replacement costs, duplicate copy of a license or certificate, and
changes in qualified person, bond, insurance, or registered officers.
   (4) Penalties for late payment of licensing and certification
fees.
   (c) The fees established pursuant to this section may include
administrative costs, including overhead costs.
   (d) The regulations shall provide that the examination fee may be
charged to applicants who request the director to reschedule an
examination due to the applicant's failure to obtain a passing score
or failure to appear for the scheduled examination, and for
scheduling an examination to amend a license.
   (e) 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 these programs contained in the
annual Budget Act. If the director determines that the revenue
collected during the preceding year was greater than, or less than,
the expenditure levels for these programs set forth in the Budget
Act, the director may further adjust the current fees to compensate
for the overcollection or undercollection.
   (f) Funds collected pursuant to this section shall be deposited in
the Department of Pesticide Regulation Fund, and shall be available
for expenditure by the department, upon appropriation, for the
purposes of carrying out the programs established pursuant to this
division or Division 7 (commencing with Section 12500).
   (g) 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. The adoption 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 provision of law, the emergency regulations adopted
pursuant to this section shall remain in effect until amended by the
director.

11503.  The commissioner of any county may adopt regulations
applicable in his or her county which are supplemental to those of
the director which govern the conduct of pest control operations and
records and reports of those operations. The regulations may include
provisions pertaining to any matter related to the accomplishment of
the purposes of Section 11737. The provisions of Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code shall be followed insofar as practicable in the
adoption of the regulations by the commissioner. The regulations
shall be filed with the director who shall compile them.
   Each regulation of the commissioner shall be approved by the
director before it becomes operative. The director, in his or her
review of the commissioner's regulations, shall consider, but not be
limited to considering, the necessity, authority, clarity, and
consistency of the regulations, as these terms are defined in Section
11349 of the Government Code.

11503.5.  The county agricultural commissioner may apply Section
11503 to the agricultural use of any pesticide for agricultural
production within one-quarter mile of a school with respect to the
timing, notification, and method of application. Any regulations
adopted pursuant to this section shall become operative unless
specifically disapproved in writing by the director within 30
calendar days of their submission by the commissioner.

11504.  Prior to the adoption of regulations by a commissioner, a
notice of intention to adopt regulations shall be published in the
county, pursuant to Section 6061 of the Goverment Code, at least 10
days in advance of the time the regulations are to be adopted,
amended, or repealed.

11505.  The notice of intention which is referred to in Section
11504 shall contain a statement of the time, place, and nature of
proceedings for the adoption of the regulations, and either the
express terms or an informative summary of the proposed regulations.

11506.  At least 10 days prior to the date set for the adoption,
amendment, or repeal of the regulations, the commissioner shall mail
a copy of the notice of intention to every person who has registered
with the commissioner in the manner required by Article 2 (commencing
with Section 11731), Chapter 4 of this division, and to any other
interested person that has filed with the commissioner a request to
receive a notice of such proceedings.

11507.  On the date and at the time and place designated in the
notice of intention, the commissioner shall afford any interested
person or his duly authorized representative, or both, the
opportunity to present statements, arguments, or contentions in
writing, with or without opportunity to present them orally.

11508.  The commissioner shall consider all relevant matter which is
presented to him before he adopts any regulation.

11509.  In any hearing which is conducted pursuant to Section 11507,
the commissioner or his duly authorized representative shall have
authority to administer oaths or affirmations, and may continue or
postpone such hearing, from time to time, to such time and at such
place as he shall determine.

11510.  The regulations of the commissioner are subject to review
and approval by the director as to reasonableness, and if approved
they shall be filed with the director. The regulations shall become
effective 30 days after they are approved by the director unless they
are designated as emergency regulations.

11511.  If, in the opinion of the commissioner, the public health,
welfare, or safety requires that any regulation take effect
immediately he shall designate it as an emergency regulation and
specify in writing the facts which constitute the necessity. An
emergency regulation shall become effective on the date it is
approved by the director.

11512.  Except as provided in Section 11512.5, the proceedings for
all hearings conducted by the director pursuant to this division
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 shall have all of the powers which are granted in
that chapter.

11512.5.  (a) The commissioner may refuse, suspend, or revoke a
county registration or permit pursuant to Section 11735, 11924,
12035, or 14008. Before that action is taken, the party whose
registration or permit request is to be refused, suspended, or
revoked, the registered party, or the permittee shall be given a
written notice of the proposed action, including the basis for the
action, and shall have the right to request a hearing before the
commissioner within 20 days after receiving notice of the proposed
action. A notice of the proposed action that is sent by certified
mail to the last known address of the person against whom the action
is proposed shall be considered received even if delivery is refused
or the notice is not accepted at that address. If a hearing is
requested, notice of the time and place of the hearing shall be given
at least 10 days before the date set for the hearing. At the
hearing, the person shall be given an opportunity to present any
evidence or argument on his or her own behalf. If a hearing is not
requested in a timely manner, the commissioner may take the action
proposed without a hearing. If the party whose registration or permit
is refused, suspended, or revoked requested and appeared at a
hearing, he or she may appeal to the director within 10 days of
mailing or personal service of the commissioner's decision. The
following procedure shall apply to the appeal:
   (1) The appeal need not be formal, but it shall be in writing and
signed by the appellant or his or her authorized agent and shall
state the grounds for the appeal. The commissioner's decision shall
be stayed pending the director's decision, except as provided in
subdivision (b). The party whose registration or permit has been
refused shall remain unregistered or unpermitted pending the outcome
of the appeal.
   (2) Any party may, at the time of filing the appeal or within 10
days thereafter, make written application to the director to present
new evidence, stating the materiality of the evidence, and the
reasons why the evidence was not introduced at the hearing before the
commissioner. The evidence may be allowed in the discretion of the
director. Thereafter, 10 days shall be given the parties to rebut the
evidence and make written application to the director to present
oral or written argument. An application to present written argument
shall be granted, but the director shall have discretion to grant
oral argument or to grant both oral and written argument. If an
application to present oral argument is granted, written notice of
the time and place for oral argument shall be given each party at
least 10 days before the date set therefor. The time may be shortened
by mutual agreement of the parties. If written argument is granted,
all parties shall be notified thereof and shall simultaneously file
briefs within the time specified by the director.
   (3) The director shall decide the appeal upon the evidence
received at the hearing before the commissioner, oral or written
argument, and new or additional evidence as the director may have
admitted.
   (4) On an appeal pursuant to this section, the director may
sustain, reverse, or modify the decision of the commissioner. A copy
of the director's decision shall be delivered or mailed to each
party. This shall not be a limitation on the director's authority to
institute proceedings against any state license or other indicant of
permission issued pursuant to this division or pursuant to Division 7
(commencing with Section 12501).
   (5) A review of a decision of the director may be sought by the
appellant within 30 days of the date of the decision pursuant to
Section 1094.5 of the Code of Civil Procedure.
   (b) Notwithstanding any other provision of law, whenever the
commissioner has reason to believe that continuance of a registration
or permit specified in subdivision (a) endangers public health or
safety or the environment, the commissioner, without prior notice,
may immediately suspend the registration or permit. The commissioner
shall inform the party registered or the permittee, in writing, of
the suspension as soon as practical, specifying the reasons for the
immediate suspension. When acting pursuant to this subdivision, the
commissioner, within seven days of informing the permittee or
registered person of the immediate suspension, shall issue a written
notice of proposed action as specified in subdivision (a).
Subdivision (a) applies to the notice of proposed action, hearing,
and appeal, except as otherwise provided in this subdivision. If a
hearing is requested, it shall be held not later than seven days from
the date the request for the hearing is received by the
commissioner, unless the person requesting the hearing agrees to a
later hearing date. The commissioner's decision shall be issued
within 10 days after the conclusion of the hearing. If the party
against whom action was taken requested and appeared at a hearing, he
or she may appeal the commissioner's decision, issued following the
hearing, to the director as provided in subdivision (a). The director
may stay the commissioner's decision pending the director's
decision.

11513.  Any money which is derived under the provisions of Article 1
(commencing with Section 11701) of Chapter 4 and Article 1
(commencing with Section 11901) of Chapter 5 shall be paid into the
State Treasury to the credit of the Department of Food and
Agriculture Fund. Any money in the Department of Food and Agriculture
Fund which is derived under the provisions of this division may be
expended for the administration and enforcement of this division,
notwithstanding any other provision of law which limits the
expenditure of any such money to the specific purposes or to the
administration or enforcement of each of these portions of this code
separately.

11514.  Whenever a decision of the director suspends for 30 days or
less the license of a person licensed pursuant to Sections 11701 to
11709, inclusive, or Sections 11901 to 11913, inclusive, and such
suspension becomes final, the licensee may, before the operative date
of such suspension, petition the director for permission to make a
monetary payment in lieu of serving all, or a portion, of the
suspension. Upon receipt of such petition, the director may stay the
suspension while he makes such investigation as he deems desirable
and may grant the petition if he is satisfied (a) that the public
health, safety and welfare will not be impaired by permitting the
licensee to operate during the period set for suspension; (b) the
payment of the sum of money will achieve the desired disciplinary
purpose; and (c) that it will be possible to determine with
reasonable accuracy from the records of the licensee the services
which would have been performed under the privilege of the license
during the period in which the license would have been suspended.
   As to a licensee engaged for hire in the business of pest control,
the monetary payment stated in the petition shall be in a specific
amount, which is estimated to be the equivalent of 20 percent of the
gross receipts of the licensee for each day of the suspension and
shall not be less than two hundred fifty dollars ($250) nor more than
two thousand five hundred dollars ($2,500).
   As to a licensee licensed with a pest control aircraft pilot's
certificate, the monetary payment in the petition shall be in a
specific amount, which is estimated to be the equivalent of 50
percent of the gross earnings of the licensee for all work performed
by him under the privileges of the license for each day of the
suspension and shall not be less than one hundred dollars ($100) nor
more than one thousand dollars ($1,000).
   When the decision provides that a portion of the suspension shall
be stayed on probationary conditions, the petition shall not apply to
the portion of the suspension which is so stayed, nor shall such
portion be included in determining the 30-day limitation for
eligibility of the petition.
   If the petition is accepted, then upon payment by the licensee of
the sum specified the director shall enter his order permanently
staying all or a portion of the suspension in accordance with the
petition.
   All payments received pursuant to this section shall be credited
to the Department of Agriculture Fund for use in the administration
and enforcement of this division.

11517.  Any person whose license or certificate issued pursuant to
this division, Chapter 3.4 (commencing with Section 14090), or
Chapter 3.6 (commencing with Section 14151) of Division 7 is revoked,
or whose application for such a license or certificate is denied for
reasons other than his or her failure to satisfy examination
requirements, is ineligible for a period of three years from the
effective date of the decision to deny or revoke the license or
certificate to apply or reapply as an individual, a business, or
officer, director, administrator, or owner with a 10 percent or
greater interest in a business, whichever is applicable, for the same
kind of license or certificate or another license or certificate
issued by the department if the grounds for the revocation or denial
are determined by the department to be directly relevant to the
functions, duties, or responsibilities of that other license or
certificate.

11518.  A commissioner accepting payment for pest control
registrations or services by credit card or other payment device may
impose a charge for costs incurred in connection with that form of
payment and shall use his or her best efforts to minimize those
costs. The terms "credit card" and "payment device" have the same
meaning as defined in Section 6161 of the Government Code.