Section § 12101

Explanation
In California, you must have a license to operate as a pest control dealer. This means you can't work as, advertise as, or claim to be a pest control dealer unless you have the proper license.
No person shall act in the capacity of a pest control dealer or shall engage or offer to engage in the business of, advertise as, or assume to act as a pest control dealer unless he or she is licensed as a pest control dealer pursuant to this chapter.

Section § 12101.5

Explanation

This law requires every licensed pest control dealer to have a designated agent at their main office and any branch locations who is qualified to manage all activities there. The agent must hold a specific type of license or certificate related to pest control, which could be a pest control dealer designated agent license, a pest control adviser license, a pest control aircraft pilot certificate, or a qualified applicator license.

Each pest control dealer required to be licensed pursuant to Section 12101 shall have and maintain, at the principal office, and at each branch location, a designated agent qualified to actively supervise all operations conducted at that location. The designated agent shall be a person who holds a pest control dealer designated agent license, an agricultural pest control adviser license, a pest control aircraft pilot certificate, or a qualified applicator license issued pursuant to Chapter 8 (commencing with Section 12201).

Section § 12102

Explanation

This law says that federal, state, or county agencies that supply pesticide materials for farming don't have to follow the rules in Section 12101.

The provisions of Section 12101 shall not apply to any federal, state, or county agency which provides pesticide materials for agricultural use.

Section § 12103

Explanation

This law section explains the process for applying for a pesticide-related license in California. Applicants must fill out a form according to the director's instructions, provide their name and address, and pay a fee that goes to the Department of Pesticide Regulation Fund. These licenses expire on December 31 of the last year they are issued for.

Additionally, if the applicant runs multiple business locations, they must pay an extra fee for each location they operate that sells or delivers pesticides into or within California, whether inside or outside the state.

(a)CA Food And Agriculture Code § 12103(a) An application for a license shall be in the form prescribed by the director. Each application shall state the name and address of the applicant specified on the application and any other information required by the director. The application shall be accompanied by a fee as prescribed by the director pursuant to Section 11502.5 to be paid into the State Treasury to the credit of the Department of Pesticide Regulation Fund. All licenses issued under this article shall expire on December 31 of the last year for which they are issued.
(b)CA Food And Agriculture Code § 12103(b) To the amount of the license fee shall be added an additional fee, in an amount prescribed by the director pursuant to Section 11502.5, for each branch salesyard, store, or sales location that is owned and operated by the applicant in this state or in other states when doing business from that out-of-state location regarding pesticides to be sold or delivered into or within this state.

Section § 12104

Explanation

If you're a pest control dealer in California, you can renew your license before it expires by submitting a form and paying a fee. This applies to each of your business locations, whether they're in-state or out-of-state but doing business in California. The fees collected go to the Department of Pesticide Regulation Fund.

The license for a pest control dealer may be renewed before its expiration through application in the form prescribed by the director, accompanied by a fee as prescribed by the director pursuant to Section 11502.5, for each license and for each branch salesyard, store, or sales location that does business in the state, or that does business in this state from an out-of-state location as specified in Section 12103. These fees shall be paid into the State Treasury to the credit of the Department of Pesticide Regulation Fund.

Section § 12105

Explanation

If you don't pay a certain fee by its due date, an extra penalty will be added on top of what you owe. The amount of this penalty is determined by the director under a different section of the law.

A penalty as prescribed by the director pursuant to Section 11502.5 shall be added to any fee that is not paid by the date of expiration.

Section § 12106

Explanation

If you want to become a pest control dealer, you must prove to the director that you understand the laws and rules about using and selling pesticides and that you can responsibly run the business.

Each applicant shall satisfy the director as to his or her knowledge of the laws and regulations governing the use and sale of pesticides, and his or her responsibility in carrying on the business of a pest control dealer.

Section § 12107

Explanation

If you meet certain requirements, the director will give you a license to run your business for the calendar years covered by the license. However, if there's a problem, that license could be taken away or paused at any time.

The director shall issue to each applicant that satisfies the requirements of this article a 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 sooner revoked or suspended.

Section § 12108

Explanation

If a pest control dealer in California moves to a new address or changes their business location, they must promptly inform the director.

Every licensed pest control dealer who changes his or her address or place of business shall immediately notify the director.

Section § 12110

Explanation

If a pesticide dealer's employee makes mistakes or breaks the rules while selling or recommending pesticides, the dealer is held responsible. This means the dealer could face disciplinary action on their license for any violations made by them or their workers.

Each dealer shall be responsible for the acts of each person employed by him in the solicitation and sale of pesticides and all claims and recommendations for use of pesticides. The dealer’s license shall be subject to disciplinary action for any violation of this chapter whether committed by the dealer, or by any officer, agent or employee.

Section § 12111

Explanation

This law allows the director to create rules and regulations as needed to fulfill the goals of the chapter it's part of.

The director may adopt such rules and regulations as are reasonably necessary to effectuate the purposes of this chapter.

Section § 12113

Explanation

This law allows a director to refuse, revoke, or suspend a pest control dealer's license if they violate certain rules about pesticides. Before this action is taken, a hearing must be held, following specific government procedures.

The director may, after a hearing, refuse, revoke, or suspend a pest control dealer license for violation of the provisions of this division or Division 7 (commencing with Section 12501) relating to pesticides or the rules and regulations adopted pursuant to those provisions. The hearing shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code.

Section § 12114

Explanation

If you are a pest control dealer in California, you need to keep records for four years at your main business location, detailing your purchases, sales, and distributions of pesticides. This includes keeping track of the license numbers of other dealers from whom you buy agricultural-use pesticides, in case of an audit.

Additionally, you have to report to the director every quarter about the total sales dollars and quantities of certain pesticides you sold in the state. This report, which must be true and correct under penalty of perjury, also needs to include information from any of your branch locations, and be filed alongside required assessments.

(a)CA Food And Agriculture Code § 12114(a) Each licensed pest control dealer, and each person who is required to be licensed as a pest control dealer pursuant to Section 12101, shall maintain at their principal place of business the records of its purchases, sales, and distributions of pesticides into or within this state, including those of its branch locations, for four years. Each dealer shall also maintain the pesticide broker or pest control dealer license number of any pesticide broker or pest control dealer from whom the dealer purchased pesticides registered by the director and labeled for agricultural use. The records shall be available for audit by the director.
(b)CA Food And Agriculture Code § 12114(b) Each licensed pest control dealer, and each person who is required to be licensed as a pest control dealer pursuant to Section 12101, 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 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 dealer’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.

Section § 12115

Explanation

If you're a licensed pest control dealer in California and you buy pesticide products meant for agriculture from anyone other than the official registrant or another licensed dealer, you must report it to the state. This report, due by December 1 each year, needs to include the seller's name, contact details, and broker license number, if they have one.

Any licensed pest control dealer, or any person who is required to be licensed as a pest control dealer pursuant to Section 12101, who purchases pesticide products that are registered by the director pursuant to Chapter 2 (commencing with Section 12751) of Division 7 and labeled for agricultural use from a person other than a registrant or a licensed pest control dealer, shall report in writing the name, address, telephone number, and pesticide broker license number issued by the director, if any, of those persons to the director annually, by December 1 each year.

Section § 12116

Explanation

If you're a licensed pest control dealer, you're not allowed to buy pesticides labeled for agricultural use in California unless they're sourced from a registered manufacturer, another licensed pest control dealer, or a licensed pesticide broker.

It is unlawful for a licensed pest control dealer to purchase for sale in this state a pesticide that is labeled for agricultural use except from a registrant, a pest control dealer licensed pursuant to Section 12107, or a pesticide broker licensed pursuant to Section 12402.