2007 California Business and Professions Code Chapter 14.5. Structural Fumigation Enforcement Program

CA Codes (bpc:8698-8698.6)

8698.  The Director of the Department of Pesticide Regulation shall
be designated by the board as its agent for the purposes of carrying
out Section 8698.1. The Los Angeles County Agricultural Commissioner,
the Orange County Agricultural Commissioner, or the Santa Clara
County Agricultural Commissioner may each contract with the director
to perform increased structural fumigation, inspection, and
enforcement activities.  These activities shall be funded by the
moneys collected pursuant to this chapter.



8698.1.  (a) If the county has contracted pursuant to Section 8698,
any person who performs a structural fumigation in Los Angeles
County, Orange County, or Santa Clara County shall pay to the county
agricultural commissioner a fee of five dollars () for each
treatment conducted at a specific building or structure.
   (b) The fees shall be submitted by the 10th day of the month
following the month in which the treatment was performed. The fees
shall be accompanied by a copy of a monthly pesticide use report
showing the addresses, including the department number if applicable,
of all structural fumigations. The report shall be in a form
required by the director, shall identify the name and address of the
person or company performing the fumigation, and shall include any
other information requested by the director.



8698.2.  The Director of the Department of Pesticide Regulation may
adopt regulations to carry out the provisions of this chapter.  In
adopting regulations the director shall, in consultation with the
Structural Pest Control Board, review recommendations from any
individual, including any licensed pest control operator regarding
matters which pertain to the use of structural fumigation to control
pests.  The director shall respond within a reasonable period of time
to recommendations which the director deems are practicable  and in
the interest of the structural pest control industry and the public.
The response of the director shall be in writing and shall contain
statements regarding reasons for acceptance or rejection of a
recommendation.



8698.3.  (a) The Director of the Department of Pesticide Regulation
may levy a civil penalty against a person violating this chapter,
including any regulation adopted pursuant to this chapter.
   (b) Before a civil penalty is levied, the person charged with the
violation shall receive notice of the nature of the violation and
shall be given an opportunity to be heard, including the right to
review the director's evidence and a right to present evidence on his
or her own behalf.
   (c) Review of the decision of the director may be sought by the
person against whom the penalty was levied, within 30 days of
receiving notice of the decision, pursuant to Section 1094.5 of the
Code of Civil Procedure.
   (d) After the exhaustion of the review procedure provided in this
section, the director, or his or her representative, may file a
certified copy of a final decision of the director that directs the
payment of a civil penalty and, if applicable, any order that denies
a petition for a writ of administrative mandamus, with the clerk of
the superior court of any county.  Judgment shall be entered
immediately by the clerk in conformity with the decision or order.
No fees shall be charged by the clerk of the superior court for the
performance of any official service required in connection with the
entry of judgment pursuant to this section.


8698.5.  Any funds collected pursuant to this chapter shall be paid
to the county and used for the sole purposes of funding enforcement
and training activities directly related to the structural fumigation
program created pursuant to Section 8698. The fees collected under
this chapter shall be in addition to, and shall not be used to
supplant, any other funds provided to the county agricultural
commissioner pursuant to Section 12844 of the Food and Agricultural
Code.


8698.6.  This chapter shall remain in effect only until January 1,
2010, and as of that date is repealed, unless a later enacted
statute, which is chaptered before January 1, 2010, deletes or
extends that date.