The Director of the Department of Pesticide Regulation shall provide oversight for the purposes of carrying out Section 8698.1. The Los Angeles County Agricultural Commissioner, the Orange County Agricultural Commissioner, and the Santa Clara County Agricultural Commissioner may perform increased structural fumigation, inspection, and enforcement activities, to be funded by the eight-dollar ($8) fee collected pursuant to Section 8698.1.
Chapter 14.5Structural Fumigation Enforcement Program
Section § 8698
This law section explains that the head of the Department of Pesticide Regulation is responsible for overseeing certain activities. Specifically, they will work with agricultural commissioners in Los Angeles, Orange, and Santa Clara counties to increase inspections and enforcement related to structural fumigation. These activities are funded by an $8 fee, which is collected under another law referred to in Section 8698.1.
Department of Pesticide Regulation structural fumigation inspection enforcement activities Los Angeles County Agricultural Commissioner Orange County Agricultural Commissioner Santa Clara County Agricultural Commissioner fumigation fee oversight pesticide regulation Section 8698.1 county commissioners fee collection pest control enforcement funding by fees
Section § 8698.1
If a company does a structural fumigation in Los Angeles, Orange, or Santa Clara County, they must pay an $8 fee for each fumigation to the county's agricultural commissioner. This payment, along with a report listing where the fumigations occurred, is due by the 10th of the following month.
(a)CA Business and Professions Code § 8698.1(a) Any company that performs a structural fumigation in Los Angeles County, Orange County, or Santa Clara County shall pay to the county agricultural commissioner a fee of eight dollars ($8) for each fumigation conducted at a specific location.
(b)CA Business and Professions Code § 8698.1(b) The fees shall be submitted by the 10th day of the month following the month in which the structural fumigation was performed. The fees shall be accompanied by report that lists the addresses of all locations in that county at which a structural fumigation was performed during the prior
month.
structural fumigation Los Angeles County Orange County Santa Clara County fee payment county agricultural commissioner fumigation report $8 fee fumigation location addresses monthly submission deadline
Section § 8698.2
The Director of the Department of Pesticide Regulation in California can create rules to help enforce laws about pest control. When doing so, they need to consult with the Structural Pest Control Board and consider feedback from pest control professionals about fumigation. The Director must reply in writing, explaining why they accepted or rejected the recommendations.
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.
Department of Pesticide Regulation Structural Pest Control Board fumigation pest control operator regulations pest control industry public interest recommendations written response structural fumigation
Section § 8698.3
This section covers penalties for breaking pesticide regulations in California. If someone violates these rules, the Director of the Department of Pesticide Regulation or a county agricultural commissioner can impose a fine. Before penalizing, they must notify the violator about the issue and let them present their side, including reviewing evidence. If the violator disagrees with the decision, they have 30 days to challenge it in court under specific legal procedures. Once all appeals are exhausted, the final decision can be recorded with the court, which will enforce the penalty without additional fees for the violator.
(a)CA Business and Professions Code § 8698.3(a) The Director of the Department of Pesticide Regulation or a county agricultural commissioner listed in Section 8698 may levy a civil penalty against a person or company violating this chapter, including any regulation adopted pursuant to this chapter for failing to comply with Section 8698.1.
(b)CA Business and Professions Code § 8698.3(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)CA Business and Professions Code § 8698.3(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)CA Business and Professions Code § 8698.3(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.
civil penalty pesticide regulations violation notice opportunity to be heard review procedure evidence presentation Code of Civil Procedure administrative mandamus court judgment superior court county agricultural commissioner Director of the Department of Pesticide Regulation penalty enforcement certified final decision clerical judgment entry
Section § 8698.4
If you want to register a pest control business in a county and you owe any past-due fees to that county, the local agricultural commissioner can require you to pay all those overdue fees first.
Pursuant to Section 15204.6 of the Food and Agricultural Code, a county agricultural commissioner may require full payment of any delinquent fees due to that county pursuant to Section 8698.1 as a condition to registering a structural pest control licensee to operate a structural pest control business in that county.
county agricultural commissioner delinquent fees structural pest control pest control business registration fee payment requirement Section 15204.6 Food and Agricultural Code pest control licensee operating conditions county registration
Section § 8698.5
This law section states that money collected under this specific chapter is to be given to the county and must only be used for activities related to enforcing and training for the structural fumigation program. These collected fees are additional and should not replace any other funding that the county’s agricultural commissioner receives for similar purposes.
Funds collected pursuant to this chapter shall be paid to the county and used for the sole purpose 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, other funds provided to the county agricultural commissioner pursuant to Section 12844 of the Food and Agricultural Code.
structural fumigation county agricultural commissioner enforcement activities training activities fumigation program funding Section 8698 funding collected fees county funds fund allocation fumigation enforcement training funding Section 12844 Food and Agricultural Code
Section § 8698.6
This law is temporary and will automatically end on January 1, 2029.
This chapter shall remain in effect only until January 1, 2029, and as of that date is repealed.
repeal date expiration temporary law sunset provision January 1 2029 law termination automatic repeal end date legal duration validity period chapter repeal time-limited statute legislative expiration end of effect California statute timeframe
