It is unlawful for any person, other than the registrant or pest control dealer licensed pursuant to Section 12107, to sell, offer to sell, or distribute into this state, or bring into the state for sale, any pesticide products that have been registered by the director unless the person is licensed by the director as a pesticide broker.
Chapter 10Pesticide Brokers
Section § 12400
In California, only specific people are allowed to sell or distribute registered pesticide products. These individuals must be either a registered pest control dealer or licensed as a pesticide broker by the director. If you're not one of these, you can't legally sell or bring these pesticides into the state.
pesticide sales pest control dealer pesticide broker pesticide registration licensed distributor California pesticide law pesticide distribution pesticide licensing pesticide regulations unlawful pesticide sale state pesticide regulations pesticide product sale restrictions pesticide import rules
Section § 12401
To apply for or renew a pesticide broker license, you must fill out the form provided by the director. The application should include your name, address, and any additional information required by the director.
An application for a pesticide broker license, or renewal of a license, shall be in the form prescribed by the director. Each application for a license, or license renewal, shall state the name and address of the applicant, and any other information specified on the application or required by the director.
pesticide broker license license application license renewal application form director prescribed form applicant information license requirements name and address pesticide regulations California Department of Pesticide Regulation broker licensing process
Section § 12402
If you meet certain requirements, you can get a pesticide broker license, allowing you to run your business as described in your application. This license is valid for the calendar years it's issued unless it gets revoked or suspended.
The director shall issue to each applicant that satisfies the requirements of this chapter a pesticide broker license that entitles the applicant to conduct the business described in the application for the calendar years for which the license is issued unless the license is revoked or suspended in the interim.
pesticide broker license applicant requirements business license validity license revocation license suspension calendar year license conducting pesticide business pesticide application process broker licensing procedures California pesticide regulations license issuance business description license compliance
Section § 12403
You can renew any license given out under this chapter before it expires by applying to the director.
All licenses issued pursuant to this chapter may be renewed before their expiration through application to the director.
license renewal application process before expiration chapter-specific licenses director approval renewal procedure license expiration validity period renewal requirements license maintenance application for renewal director's role license management early renewal license extension
Section § 12405
If a licensed pesticide broker in California changes their business address or a branch location's address, they must immediately inform the director in writing.
Each licensed pesticide broker that changes the address of its place of business, or that of a branch location, shall immediately provide the director written notification of the change.
licensed pesticide broker business address change branch location address written notification immediate notification pesticide business address update requirement California pesticide regulations business relocation compliance obligations director notification branch change broker responsibilities address update process mandatory reporting
Section § 12406
This law section mandates that licensed pesticide brokers must keep detailed records of their pesticide transactions, including purchases, sales, and distributions, at their main business location for four years. These records should include proof of payment of mill assessments and be available for audit.
Pesticide brokers are also required to report their quarterly sales, detailing total sales in dollars and total quantities sold. They must certify the report as accurate under penalty of perjury, and submit it together with due assessments.
Additionally, pesticide retailers must maintain supplier contact information records for the current year, which must also be available for audit.
(a)CA Food and Agriculture Code § 12406(a) Each licensed pesticide broker, or person who is required to be licensed as a pesticide broker pursuant to Section 12400, shall maintain at its principal place of business the records of its purchases subject to mill assessments, sales, and distributions of pesticides into or within this state, including those of its branch locations, for four years. These records shall include copies of invoices showing payment of the mill assessment. The records shall be available for audit by the director.
(b)CA Food and Agriculture Code § 12406(b) Each licensed pesticide broker, or person who is required to be licensed as a pesticide broker pursuant to Section 12400, shall report quarterly to the director the total dollars of sales and total pounds or gallons sold into or within this state of each pesticide sold and subject to Sections 12841 and 12841.1. The quarterly report shall be in the form prescribed by the director and shall include information from the broker’s licensed branch locations, if any, and any other information specified on the form or required by the director. The report shall include a certification, under penalty of perjury, that the information contained in the report is true and correct. The report shall accompany payment of assessments required by Sections 12841 and 12841.1.
(c)CA Food and Agriculture Code § 12406(c) Pesticide retailers shall maintain records that show the names and contact information of their suppliers of pesticide in the current year. These records shall be available for audit by the director.
pesticide broker records mill assessments audit compliance quarterly sales report pesticide transactions record retention sales certification perjury penalty pesticide distributors supplier contact information pesticide sales reporting pesticide purchase records sales quantities auditable records business location records
Section § 12407
This law makes it illegal for anyone who needs a pesticide broker license to lie or leave out important information when applying for or renewing their license, or in reports to the director. They also can't make false or misleading claims about the pesticides they sell or distribute.
It is unlawful for any person required to be licensed as a pesticide broker pursuant to this chapter to make any false or fraudulent statements or misrepresent or fail to disclose any material fact in making application for a license or renewal of a license or in any reports submitted to the director, or to make any false or misleading statements concerning any products specified in Section 12847 that the person sells or distributes.
pesticide broker false statements fraudulent statements license application license renewal misrepresentation material fact reports submission product misrepresentation Section 12847 pesticide distribution pesticide sales unlawful conduct license requirements pesticide laws
Section § 12408
If a pesticide broker breaks any rules under this law, the director can hold a hearing and decide to deny, take away, or pause their license.
The director, after a hearing, may refuse, revoke, or suspend a pesticide broker license for any violation of this division or Division 7 (commencing with Section 12500) or any regulations adopted pursuant to this division.
pesticide broker license license refusal license revocation license suspension hearing process violation consequences regulatory compliance Division 7 regulations director's authority licensing rules pesticide regulatory law license enforcement administrative hearing pesticide regulations
