Section § 11701

Explanation

This law makes it illegal to advertise, offer, or run a pest control business without having a valid license from the director.

It is unlawful for a person to advertise, solicit, or operate as a pest control business, unless the person has a valid pest control business license issued by the director.

Section § 11701.5

Explanation

This law requires that every main office and branch of a business with a certain type of license has at least one supervisor who holds a special license for applying pesticides. This special license must cover the types of pest control activities the supervisor is in charge of.

Every principal and branch office of a business licensed pursuant to Section 11701 shall have at least one person in a supervisory position who holds a qualified applicator license issued pursuant to Chapter 8 (commencing with Section 12201). The qualified applicator license shall include the categories of pest control activities supervised by that person who is employed by that business.

Section § 11702

Explanation

If you want to get a pest control business license, you have to provide information about your business and personal qualifications to the director. You need to name a qualified person responsible for your office and any branch locations. You also need to show the director that you have the right equipment and facilities, can financially cover your work, and are personally responsible for running the business. This includes having insurance to cover potential damages or injuries.

Additionally, the director will create rules about the types of pest control work you can be qualified for. Getting licensed by the director doesn't change other authorities' powers as mentioned in Sections 11731 to 11741.

Applicants for a pest control business license shall do all of the following:
(a)CA Food And Agriculture Code § 11702(a) Submit information to the director covering the applicant’s business and personal qualifications that the director requires.
(b)CA Food And Agriculture Code § 11702(b) Designate in the application the qualified applicator who shall be responsible for the conduct of the principal office of the applicant and of each branch location.
(c)CA Food And Agriculture Code § 11702(c) Satisfy the director of the responsibility of the applicant as to any of the following:
(1)CA Food And Agriculture Code § 11702(c)(1) Equipment and facilities.
(2)CA Food And Agriculture Code § 11702(c)(2) Financial ability to perform the work authorized by the license and to respond in damages for any illness, injury, or damage resulting from the work, which ability may be satisfied by insurance in a form satisfactory to the director insuring against liability for personal injury and property damage in an amount prescribed by regulation of the director. The amount shall be related to the volume and type of pest control operations for which the applicant is licensed to perform.
(3)CA Food And Agriculture Code § 11702(c)(3) Personal responsibility to conduct the business.
The director shall establish by regulation the general classes of pest control operations in which the applicant may be qualified.
Licensing by the director shall not derogate from the authority of commissioners stated in Sections 11731 to 11741, inclusive.

Section § 11703

Explanation

This law section outlines fee requirements for pest control business applications in California. Applicants must pay a fee with their application, as determined by the director, according to another law. Additionally, if a business operates branch offices either within or outside of California that engage in pest control within the state, it must pay an extra fee for each branch office.

(a)CA Food And Agriculture Code § 11703(a) Except as otherwise provided in Sections 11704 and 11707, the application shall be accompanied by a fee as prescribed by the director pursuant to Section 11502.5.
(b)CA Food And Agriculture Code § 11703(b) If the applicant maintains any branch office in this state or outside this state and the applicant engages in the pest control business in this state from that branch office, the applicant shall pay an additional fee as prescribed by the director pursuant to Section 11502.5 for each of these branch offices.

Section § 11704

Explanation

If you're a maintenance gardener and want to do pest control while gardening, you need a special pest control business license. To get this license, you must pass an exam that covers relevant laws and landscape maintenance.

This license only allows you to control pests on ornamental and turf plants indoors, at commercial parks, or near buildings. You might need to show a contract or prove that pest control is secondary to your main gardening work.

To apply for this license, you need to pay a fee as determined by the director.

(a)CA Food And Agriculture Code § 11704(a) A person who is regularly engaged in the business of maintenance gardening and who desires to engage in pest control for hire incidental to that business shall qualify for a pest control business license in the maintenance gardener category by passing the certified commercial applicators examination in both the laws and regulation and the landscape maintenance categories.
(b)CA Food And Agriculture Code § 11704(b) The maintenance gardener category shall be limited to pest control in ornamental and turf plantings indoors, in commercial parks, or surrounding structures. A contract or verification that the pest control operation is incidental and that maintenance gardening is the primary purpose shall be immediately submitted to the commissioner or director upon request.
(c)CA Food And Agriculture Code § 11704(c) An application for a license limited to the maintenance gardener category shall be accompanied by a fee as prescribed by the director pursuant to Section 11502.5.

Section § 11705

Explanation

If you apply and meet the qualifications, you'll get a license from the director allowing you to do certain pest control work. This license is valid for the specific calendar years it’s issued for, unless it gets revoked or suspended sooner.

The director shall issue to each applicant that satisfies the requirements of this article a license that authorizes the applicant to perform the type or types of pest control activities specified in the license during the calendar years for which the license is issued, unless the license is sooner revoked or suspended.

Section § 11706

Explanation

You can renew your license before it expires by filling out an application in the format required by the director and paying the specified fee. The fee amount is determined according to the rules in Section 11502.5.

The license may be renewed before its expiration through application in the form prescribed by the director and upon payment of the proper fee as prescribed by the director pursuant to Section 11502.5.

Section § 11707

Explanation

If you don't pay a fee by its due date, a penalty will be added as decided by another law (Section 11502.5).

To any fee which is not paid by the date of expiration, there shall be added a penalty as prescribed by the director pursuant to Section 11502.5.

Section § 11708

Explanation

This section allows the director to deny, suspend, or revoke a pest control license if the applicant or holder doesn't meet certain requirements. These requirements include having a qualified supervisor with a specific license, maintaining safe equipment and trained staff, and following pesticide laws. A business may also lose its license if it fails to report pest control activities or allows any illegal actions involving pesticides. If necessary for public safety, the director can take immediate action against a license without a hearing but must schedule a hearing afterward. The license can be reinstated if corrections are made to meet safety and legal standards.

The director may refuse to grant any license and may revoke or suspend any license if the applicant or licensee:
(a)CA Food And Agriculture Code § 11708(a) Does not have, or has not maintained at its principal office and at each branch location, a person who holds a qualified applicator license issued pursuant to Chapter 8 (commencing with Section 12201) to actively supervise all operations performed for each such location as prescribed by regulations of the director. This subdivision does not apply to businesses that are licensed only in the maintenance gardener category.
(b)CA Food And Agriculture Code § 11708(b) Does not have, or has not maintained, adequate safe equipment and facilities to perform the operations undertaken or to be undertaken.
(c)CA Food And Agriculture Code § 11708(c) Does not have adequately trained personnel to perform the operations undertaken or to be undertaken.
(d)CA Food And Agriculture Code § 11708(d) Violates or permits the violation of any provision of this division and Division 7 (commencing with Section 12501) pertaining to pesticides or of any regulations adopted pursuant thereto by the director or any commissioner or any industrial safety order relating to pesticides issued by the Department of Industrial Relations.
(e)CA Food And Agriculture Code § 11708(e) Fails to maintain and report to the director or commissioner, as required, information concerning pest control performed or authorized to be performed by the license or the registration of the commissioner.
Any hearing to deny, suspend, or revoke a license shall be heard under the Administrative Procedure Act, Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. However, if the director finds on the basis of affidavits submitted to him or her by the enforcement personnel provided in Section 11501.5, or by injured parties, that the protection of the public welfare or safety requires immediate action, the director may, without hearing, temporarily suspend or condition the license of any pest control operator and shall forthwith schedule the matter for hearing. The director may terminate the suspension of, or any condition placed upon, a license upon correction of the defects of equipment, establishment of adequate safety practices, or any other corrective action as he or she deems satisfactory to assure compliance with the requirements of statutes and regulations. In that event, the matter may proceed to hearing as though the license had not been suspended or the conditions placed upon it.

Section § 11709

Explanation

If someone is not in the pest control business but works around their own property to help neighbors, they don't need to pay a fee required by another section. However, they must get a license and register with the local agriculture commissioner. They're also responsible for following all other pest control regulations. If a director decides they're working beyond their neighborhood or helping others who aren't neighbors, that decision is final.

A person not regularly engaged in the business of pest control that operates only in the vicinity of his or her own property and for the accommodation of his or her neighbors is not required to pay the fee specified by Section 11703, but is required to procure a license. The person shall register with the commissioner as provided in Section 11732, and is subject to all other provisions of this division. The determination of the director that a person is engaged in the business of pest control beyond the vicinity of his or her own property or for the accommodation of others than his or her neighbors is final.

Section § 11710

Explanation

If you run a tree surgery business, you don't need a special license for removing diseased parts of trees or using disinfectants during surgery. However, if you want to do other types of pest control, you must get a license from the director and register with the commissioner, following all related rules.

A person that is regularly engaged in the business of tree surgery is not required to procure a license to remove diseased or infested tissues or apply disinfectants to wounds or cavities incidental to tree surgery. If such person desires to engage in any other pest control operation, he shall procure a license from the director, shall register with the commissioner as provided in Section 11732, and is subject to all other provisions of this division.

Section § 11711

Explanation

If you're an employer applying for or renewing a license, you must have worker's compensation insurance unless it's not legally required. You'll need to provide details and the expiration date of your insurance policy, or show that you're a qualified self-insurer.

Unless worker’s compensation insurance is not required, no license may be issued or renewed under this chapter to any person who is an employer, as defined in Section 3300 of the Labor Code, unless the application is accompanied by identification and the number and expiration date of the worker’s compensation insurance policy of the applicant or the applicant is a qualified self-insurer.