2007 California Food and Agricultural Code Chapter 7. Structural Pest Control

CA Codes (fac:15201-15206.6)

FOOD AND AGRICULTURAL CODE
SECTION 15201-15206.6



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 Branch 2 and Branch 3 structural pest
control operator qualifying manager, as defined in Section 8506.2 of
the Business and Professions Code, and Structural Pest Control Board
registered company, as defined in Section 8506.1 of the Business and
Professions Code, shall register with the commissioner prior to
operating a structural pest control business in the county. The
registration shall cover a calendar year. A fee may also be required
at the time of registration. 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 registration or ten dollars (),
whichever is less. Payment of the fee shall be due by the date
designated by the commissioner.
   (b) Each registration shall be in a form prescribed by the
director after consulting with the Structural Pest Control Board and
commissioners and shall include the structural pest control licensee'
s name and address, including all satellite locations conducting
business in the county, telephone numbers, responsible persons, and
the type of pest control to be conducted.
    (c) If ordered by the commissioner, other structural pest control
licensees shall appear in person at the office of the commissioner
to complete registration.
   (d) The commissioner may levy a civil penalty against any person
who violates the provisions of this section in accordance with the
procedures provided in Section 12999.5.



15204.5.  (a) It is unlawful for any licensed Branch 1 Structural
Pest Controller licensee, including structural pest control
operators, field representatives, applicators, and Structural Pest
Control Board (SPCB) registered companies, as defined in Section
8506.1 of the Business and Professions Code, to conduct fumigations
in any county unless that person or company has also registered for
the current calendar year with the commissioner in that county. The
registration fee for the SPCB registered company including structural
pest control operators and field representatives and applicators
shall be set by the county Board of Supervisors, but shall not exceed
the cost of processing the registration or twenty-five dollars
(), whichever is less. Payment of the fee shall be due at
registration or on a date set by the commissioner. Structural pest
control operators and field representatives may be added during the
year, but the fee shall not exceed the actual cost of processing the
registration or ten dollars (), whichever is less.
   (b) Each registration shall be in the form prescribed by the
director after consulting with the SPCB and the commissioners and
shall include the name and address of the SPCB registered company or
structural pest control operator and all satellite offices conducting
business in the county, the name of the qualifying manager or the
structural pest control operator and his or her license number, and a
business telephone number.  The registration form for field
representatives and applicators shall include their name, license
number, business address, and telephone number, and may be included
with the business registration.
   (c) Each licensed structural pest controller, including structural
pest control operators, field representatives, applicators, or an
SPCB registered company, that intends to conduct fumigation
operations is required to appear in person at the office of the
commissioner to complete the registration required by Section 15204.

   (d) Each SPCB registered company or structural pest control
operator that intends to conduct fumigation operations shall notify
the agricultural commissioner at least 24 hours prior to commencing
fumigation, or as approved on a case-by-case basis by the
commissioner.  This notice shall include all of the following:
   (1) Name and address of the registered company or structural pest
control operator.
   (2) Address of the area or areas to be fumigated.
   (3) The pesticide to be applied.
   (4) The date of the intended application.
   (e) The commissioner may levy a civil penalty against any person
who violates the provisions of this section in accordance with the
procedures provided in Section 12999.5.



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.

Disclaimer: These codes may not be the most recent version. California may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.