Chapter 2General Provisions
Section § 11501
This section outlines the goals for regulating pesticides in California. It aims to ensure their safe use in food production while protecting public health and the environment. The law also seeks to safeguard workers who handle pesticides and ensures that only qualified individuals can apply agricultural pest control under strict oversight. Additionally, it mandates that labels on pesticides be accurate, aligning with their registered uses, and encourages the development of pest management systems that favor less harmful methods when possible.
Section § 11501.1
This section specifies that only the state of California has the authority to regulate the registration, sale, transportation, and use of pesticides, and local governments cannot create their own rules about these matters. If a local rule tries to regulate pesticides, it is considered void. If such a rule exists, the state director will notify the local entity, and if not repealed, may take legal action to declare it invalid. State agencies are still free to enforce or manage relevant laws they are responsible for. Additionally, when a state agency shares information about pesticide use, the director will provide guidance to ensure the information is accurate and based on scientific data.
Section § 11501.5
This law states that the director, along with county commissioners who are supervised by the director, is responsible for enforcing the rules and regulations outlined in this division of the code.
Section § 11502
The director is responsible for creating rules that oversee how pest control businesses operate.
Section § 11502.5
This law outlines the responsibilities and powers of the director regarding the regulation of licenses and certificates related to pesticides and pest management. The director can set education and examination requirements for licenses and certificates and decide which courses meet continuing education needs. If someone doesn't finish their necessary continuing education, they will have to pass an exam again to renew their license or certificate.
Additionally, the director can establish fees related to these licenses, covering application, renewal, and changes. Fees also cover costs for rescheduling exams and penalties for late payments. These fees should match the budget needs, and if there's a discrepancy in revenue versus expenses, fees can be adjusted. Collected fees go into a specific fund for regulatory purposes. The process for adopting regulations is treated as an emergency, and any potential fee increases must be announced at the start of the year.
Section § 11503
This law lets county commissioners create additional rules for pest control activities that are specific to their county. These local rules must align with state guidelines and help achieve pest control objectives. When setting these rules, commissioners should follow certain government procedures as much as possible. Before any local rule becomes active, it needs approval from a state director who checks that it’s necessary, clear, and consistent with existing rules.
Section § 11503.5
This law allows the county agricultural commissioner to enforce rules about how pesticides are used near schools. These rules can control when, how, and who needs to be notified about pesticide application within a quarter mile of a school. If the commissioner submits new regulations, they automatically become active unless the director rejects them in writing within 30 days.
Section § 11504
Before a commissioner can adopt, change, or eliminate regulations, they must publish a notice in the county's official newspaper. This notice should be given at least 10 days before the changes are made, according to another part of the law, Section 6061 of the Government Code.
Section § 11505
Section 11505 is about informing people of upcoming regulatory changes. It requires that a notice of intention must tell you when, where, and how new regulations will be adopted. It should include either the exact rules being proposed or a summary that explains them well.
Section § 11506
This law requires the commissioner to send a notice to anyone registered or who has requested it at least 10 days before new rules are adopted, changed, or removed. This notice informs them about the planned changes to regulations.
Section § 11507
This law states that when the commissioner gives notice of a meeting or hearing, any interested person (or their representative) can submit their thoughts or arguments in writing, and they may also have the option to present them verbally.
Section § 11508
Before making any new regulations, the commissioner must take into account any significant information that is given to them.
Section § 11509
Section § 11510
This section explains that regulations created by the commissioner must be reviewed and approved by the director. Once approved, they are filed with the director and will typically go into effect 30 days later. However, if they are labeled as emergency regulations, different timing may apply.
Section § 11511
This law allows the commissioner to put a regulation into effect immediately if it's urgently needed for public health, welfare, or safety. The commissioner must label it as an emergency regulation and provide written reasons for its urgency. It becomes effective as soon as the director approves it.
Section § 11512
This law states that for any hearings carried out by the director within this division, the process must follow the rules set out in Chapter 5 of the Government Code starting with Section 11500, unless specified otherwise in Section 11512.5. The director has the same powers as described in that chapter.
Section § 11512.5
This law section outlines the process for refusing, suspending, or revoking a county registration or permit by the commissioner. If such action is proposed, the affected party will receive written notice and can request a hearing within 20 days. During the hearing, they can present their case, and if they don’t request a hearing in time, the commissioner can proceed without it. An appeal can be made to the director if the party participated in the hearing. The appeal must be written, and new evidence can be submitted. The director can sustain, reverse, or modify the decision based on the hearing evidence and any new arguments or evidence.
If the commissioner believes that continuing a registration or permit poses an immediate threat to public health or safety, they can suspend it right away without prior notice. Following such immediate suspension, the usual process, including the opportunity for a hearing, must be followed within seven days.
Section § 11513
This law states that any money collected from certain agricultural articles must go into the State Treasury and be credited to the Department of Food and Agriculture Fund. This money can be used to help manage and enforce related agricultural laws, even if other laws typically restrict how it can be spent.
Section § 11514
If a pest control professional in California faces a license suspension of 30 days or less, they might be able to pay a fee instead of serving the suspension. They have to petition the director, who can pause the suspension to investigate. If the director finds the payment won't harm public safety, they can approve it. Pest control businesses pay 20% of their daily gross receipts, between $250 and $2,500. Pest control pilots pay 50% of their daily gross earnings, between $100 and $1,000. If accepted, the payment stops the suspension, and all fees go to the Department of Agriculture Fund.
Section § 11517
If your professional license or certificate gets revoked, or your application is denied for any reason other than failing an exam, you must wait three years before you can apply for the same or a similar license. This rule also applies if you're involved with a business with a significant interest in such licenses, and the denial is based on reasons relevant to the duties that come with the license.
Section § 11518
This law section allows a commissioner to charge fees to cover the costs of accepting credit card or other payment device payments for pest control services or registrations. The commissioner must try to keep these costs as low as possible. The terms 'credit card' and 'payment device' refer to definitions found in another part of the Government Code.
Section § 11519
The Department of Pesticide Regulation in California must set up an Environmental Justice Advisory Committee by January 1, 2026. This group will consist of up to 11 members, including leaders representing rural and urban communities most affected by pesticides, a Native American or tribal representative, a farmworker advocate, and experts on farmers or environmental justice.
Members will be chosen through a public nomination process and should represent geographically diverse areas within California. The group will offer recommendations on integrating environmental justice into the department's actions and improving communication with affected communities. They will also adopt a charter for governance and hold at least two public meetings annually.
The committee’s recommendations and the department's updates on these will be posted online. Members may receive compensation for their participation and be reimbursed for travel expenses. Meetings will be accessible to the public, with options for remote attendance and language support.
Section § 11520
This California law focuses on implementing sustainable pest management by prioritizing prevention and proactive measures to stop new invasive pests. The state aims to improve leadership across various agencies and promote research and innovation in pest management practices. By investing in education and training, the goal is to help practitioners manage pests effectively while minimizing harm to people and the environment. The law also seeks to enhance pesticide registration processes, prioritize safer alternatives, and improve monitoring and data collection related to pesticide use and its effects.