The director, upon a finding that the use, handling, delivery, or sale of a pesticide in violation of any provision of this division, or any regulation issued pursuant to it, is taking place, or appears imminent, and that activity if allowed to proceed will present an immediate hazard or cause irreparable damage, may issue an order to the persons responsible for such activity to cease and desist from further commission of the violation.
Pest ControlCease and Desist
Section § 11896
If someone is using, handling, delivering, or selling a pesticide in a way that breaks the rules, the director can order them to stop immediately if their activities are about to cause immediate danger or irreversible harm.
pesticide regulation cease and desist order immediate hazard
Section § 11897
If a pesticide is being used, handled, delivered, or sold in a way that breaks the rules and poses an immediate danger or could cause serious harm, the agricultural commissioner can order the responsible person to stop immediately. This is called a cease and desist order.
If someone disagrees with this order, they can appeal to the director, who will review the order and decide to keep it the same, change it, or cancel it. However, the original order stays in effect while waiting for the director's decision.
The agricultural commissioner, upon a finding that the use, handling, delivery or sale of a pesticide in violation of any provision of this division, or any regulation issued pursuant to it, is taking place, or appears imminent, and that activity if allowed to proceed will present an immediate hazard or cause irreparable damage, may issue an order to the persons responsible for the activity to cease and desist from further commission of the violation.
Any person aggrieved by a cease and desist order issued by an agricultural commissioner may appeal the order to the director, who shall affirm, modify, or rescind the order. The order of the agricultural commissioner shall remain in force during the appeal to the director, and until the director’s decision has been rendered.
pesticide use violation cease and desist order agricultural commissioner
