2005 California Food and Agricultural Code Sections 15201-15206.6 CHAPTER 7. STRUCTURAL PEST CONTROL

15201.  The Legislature hereby finds and declares that it is the
joint responsibility of the Department of Food and Agriculture, the
commissioner of each county under the direction and supervision of
the director, and the Structural Pest Control Board to regulate the
activities of structural pest control licensees.  The Structural Pest
Control Board has responsibility for licensing persons and companies
engaged in structural pest control work.  The department has primary
responsibility for enforcing pesticide laws and regulations.
15202.  In addition to the enforcement authority granted to the
director and commissioners by this code, a commissioner, when acting
pursuant to Section 8616.4 of the Business and Professions Code, may
suspend the right of a structural pest control licensee to make
pesticide applications in the county for up to three working days or
levy a fine upon a licensee or unlicensed individual acting as a
licensee as specified in Section 8617 of the Business and Professions
Code.  Appeals from these actions shall be to the Disciplinary
Review Committee according to the procedures provided in Section 8662
of the Business and Professions Code.
15203.  The director may adopt regulations to carry out the
provisions of this chapter.  The director shall consult with the
Structural Pest Control Board when developing regulations that
pertain to the use of pesticides by structural pest control
licensees.
15204.  (a) Each licensed structural pest control operator shall
notify the commissioner prior to operating a structural pest control
business in the county.  The notification shall cover a calendar
year, unless a shorter time is specified by the structural pest
control licensee.  A fee may also be required at the time of
notification.  The fee shall be set by the county board of
supervisors, except that in no case shall the fee exceed the actual
cost of processing the notification or ten dollars ($10), whichever
is less.  Payment of the fee shall be due by the date designated by
the commissioner.
   (b) Each notification shall be in a form prescribed by the
director after consulting with the Structural Pest Control Board and
commissioners and shall be limited to the structural pest control
licensee's name and address (including each place of business in the
county), telephone numbers, responsible persons, and the type of pest
control to be conducted.
   (c) Each structural pest control licensee who intends to conduct
fumigation operations may be required to appear in person at the
office of the commissioner to complete notification.
   (d) If ordered by the commissioner, other structural pest control
licensees shall appear in person at the office of the commissioner to
complete notification.
15205.  (a) Each registered structural pest control company shall
make all existing records pertaining to pesticide and device use
available to the director, the Structural Pest Control Board, or
commissioner upon demand at the headquarters of the business during
normal business hours.  A registered structural pest control company
or licensee may not prohibit onsite inspection for compliance with
the Business and Professions Code and this division regarding
pesticides and structural pest control devices and regulations
adopted pursuant thereto.  Except as provided in Section 8505.5 of
the Business and Professions Code, nothing in this section shall be
construed as requiring a registered structural pest control company
or licensee to provide advance notice of the date, time, location of
the application, type of device or pesticide application, or any
other related information unless the information is contained in
existing records available to the registered company or licensee, in
which case the director, the Structural Pest Control Board, or
commissioner may require that this information be produced at the
company's place of business.
   (b) Information and documents gathered by the director, the
Structural Pest Control Board, or the commissioner pursuant to this
section that are protected from disclosure under the California
Public Records Act (Chapter 3.5 (commencing with Section 6250) of
Division 7 of Title 1 of the Government Code) shall remain
confidential while in the director's, the board's, or the
commissioner's possession.
   (c) (1) "Device," for purposes of this section, means any method,
instrument, or contrivance intended to be used to prevent, eliminate,
destroy, repel, attract, or mitigate any wood destroying pest, but
does not include firearms, pesticides as defined in Section 12753, or
equipment used for the application of pesticides when sold
separately from a pesticide.
   (2) "Wood destroying pest," for purposes of this section,
includes, but is not limited to, insects such as wood borers and
termites.  "Wood destroying pest" does not include wood-decaying
fungi, general household pests such as cockroaches, or vertebrate
pests such as rats and mice.
15206.  If the director receives a notice pursuant to Section 8616.6
of the Business and Professions Code, he or she shall investigate
the actions which caused the filing of the notice and take
appropriate action as authorized in this code.
15206.5.  Regulations adopted pursuant to Section 11503 are not
applicable to this chapter.
15206.6.  The director and the Structural Pest Control Board shall
jointly develop and concur in the list of the types of violations
that the commissioners shall refer to the board for disciplinary
action.