“Commissioner,” as used in this article, includes the director in any county in which there is no commissioner.
Pest ControlRegistration
Section § 11731
In this law, whenever you see the term 'Commissioner,' it also covers the director if a county doesn’t have a commissioner.
commissioner definition county director absence of commissioner
Section § 11732
This law makes it illegal to advertise, solicit, or run a pest control business in any county without registering with the county commissioner each year. The registration must include the business's name and address, the number and type of vehicles or units used, and the kinds of pests to be managed. Additional information may be requested by the commissioner.
It is unlawful for any person to advertise, solicit, or operate as a pest control business in any county unless the person has registered with the commissioner for the current calendar year.
The registration shall be in the form prescribed by the commissioner and shall show all of the following information:
(a)CA Food And Agriculture Code § 11732(a) Name and address of the registrant.
(b)CA Food And Agriculture Code § 11732(b) Number and kind of units to be operated in the county.
(c)CA Food And Agriculture Code § 11732(c) Type of pests that are intended to be controlled.
(d)CA Food And Agriculture Code § 11732(d) Any other information as the commissioner may require.
pest control business registration advertise pest control solicit pest control services
Section § 11733
Anyone who registers and treats properties must keep detailed records of each treatment. These records need to include all the information specified by the director or commissioner. The records should be sent to the commissioner or director as requested and in the specified format.
The registrant shall keep and maintain a record of each property treated that shows all the information required by the director or commissioner.
The registrant shall report the information to the commissioner or the director when and in the form as required.
property treatment records registrant requirements information reporting
Section § 11734
This law allows county boards of supervisors in California to set fees for registering certain pest control businesses. These fees should be reasonable and paid by a specified deadline. However, for pest control businesses already licensed under another specific section, the registration fee must only cover registration costs and can’t be more than $25 annually.
The board of supervisors of any county may establish reasonable fees for the registration required under Section 11732. Payment of the fee shall be due by the date designated by the commissioner. However, registration fees for pest control businesses licensed pursuant to Section 11704 shall be that amount necessary to cover the costs of registration, but shall not exceed twenty-five dollars ($25) per year.
county board of supervisors registration fees pest control businesses
Section § 11735
This law states that a pest control operator's registration can be denied, canceled, or put on hold if certain conditions are met. These conditions include having unsuitable equipment, employing operators who are not competent or qualified, or failing to follow specific pesticide-related laws and regulations.
A pest control operator registration may be refused, revoked, or suspended by the commissioner, if the commissioner makes any of the following findings:
(a)CA Food And Agriculture Code § 11735(a) That the equipment of the registrant or applicant is unsuitable.
(b)CA Food And Agriculture Code § 11735(b) That the operators employed by him are incompetent or unqualified.
(c)CA Food And Agriculture Code § 11735(c) That the registrant or the applicant has not complied with any provision of this division or of Division 7 (commencing with Section 12501) pertaining to pesticides, or with regulations adopted pursuant to the provisions, or with any lawful order of the commissioner.
pest control operator registration refusal registration revocation
Section § 11737
This law allows a commissioner or director to order anyone to stop using equipment or facilities if they're being run improperly. This can happen if they're being operated by someone unqualified, if they're violating pesticide regulations, if their use disrupts effective pest control, or if they're causing harm or damage to people, animals, or property.
The commissioner or director may order any person or the agent or employee of any licensee or registrant or person, to cease operation of any equipment or facility which he finds unsuitable, or which he finds being operated in any of the following ways:
(a)CA Food And Agriculture Code § 11737(a) By an incompetent or unqualified person.
(b)CA Food And Agriculture Code § 11737(b) In violation of this division or Division 7 (commencing with Section 12501) relating to pesticides or any regulation issued thereunder or any regulation of the commissioner.
(c)CA Food And Agriculture Code § 11737(c) In a manner or under conditions which may interfere with proper control of the pest for which treatment is applied.
(d)CA Food And Agriculture Code § 11737(d) In a manner or under conditions which may cause injury, illness, or adverse effects to persons or animals, or cause damage to crops or property being treated, or to crops or property of others.
cease operation unsuitable equipment incompetent operation
Section § 11737.5
This law makes it illegal to disobey an order given by a commissioner or director under Section 11737. If someone does not follow such an order, the commissioner or director can go to court to stop them. The court is allowed to prevent violations or potential violations even without proving more harm. The court can also force people to do whatever is needed to safeguard people, animals, crops, or property.
It is unlawful for any person to violate any order of a commissioner or the director made pursuant to Section 11737. The commissioner or director may bring an action to enjoin the violation or the threatened violation of any order made pursuant to Section 11737 in the superior court in the county in which the order was issued or the violation has occurred or is threatened, and the court may enjoin such violation or threatened violation upon such showing and without further evidence of irreparable injury. The court may compel specific performance of any acts or course of conduct necessary to protect persons, animals, crops, or property.
violation of orders commissioner directives director enforcement
Section § 11738
This law allows the commissioner to set rules for qualifying certain people involved in pest control through exams or other methods. It covers those who are registered for pest control, those who manage pest control operations in a county, and those who operate pest control equipment (excluding aircraft) within the county.
The regulations of the commissioner may provide for the qualification, by examination or otherwise of the following persons:
(a)CA Food And Agriculture Code § 11738(a) Registrants.
(b)CA Food And Agriculture Code § 11738(b) Persons in charge of the pest control operations of registrants within the county.
(c)CA Food And Agriculture Code § 11738(c) Persons employed by registrants to operate pest control equipment, other than aircraft, within the county.
pest control qualification commissioner regulations examination for pest control
Section § 11739
This law says that if you're using pest control equipment in a county, you need to be careful about who is in charge. If someone isn't properly qualified per Section 11738 supervising the work, it could lead to your registration being canceled. It means that operations must have a qualified person either in charge overall or directly supervising each piece of equipment being used in that county.
The regulations of the commissioner may provide that it is a ground for cancellation of registration to operate pest control equipment within the county unless either:
(a)CA Food And Agriculture Code § 11739(a) A person qualified pursuant to Section 11738 is in charge of the operations.
(b)CA Food And Agriculture Code § 11739(b) Each unit which is operated within the county is under personal direction of a person qualified pursuant to Section 11738.
pest control equipment operation cancellation of registration
Section § 11740
This law allows for the revocation, suspension, or refusal to issue or renew a certificate of qualification if the holder or applicant is found to be incompetent, has violated rules or regulations, or hasn't followed lawful orders from the commissioner.
Any certificate of qualification which is issued pursuant to Section 11738 may be revoked or suspended, or its issuance or renewal refused, if the commissioner finds that the applicant or holder of the certificate is incompetent or has violated any provision of this division, or any regulation which is issued pursuant to it, or has not complied with any lawful order of the commissioner.
certificate revocation certificate suspension issuance refusal
Section § 11741
If someone's certificate is revoked, suspended, or denied, they have 10 days to appeal and request a hearing with the director.
Any person whose certificate has been revoked, suspended, or refused may appeal to the director within 10 days for a hearing.
certificate revocation certificate suspension certificate refusal
