Food and Agriculture Code

California Code of Regulations

Structural Pest Control and the Business and Professions Code

These excerpted sections from the California Food and Agriculture Code, California Code of Regulations and Business and Professions Code are included here to facilitate the understanding of the content of this web site. Consult the complete codes to determine your responsibilities.

11408. "Agricultural use" means the use of any pesticide or method or device for the control of plant or animal pests, or any other pests, or the use of any pesticide for the regulation of plant growth or defoliation of plants. It excludes the sale or use of pesticides in properly labeled packages or containers which are intended for any of the following:

(a) Home use.

(b) Use in structural pest control.

(c) Industrial or institutional use.

(d) The control of an animal pest under the written prescription of a veterinarian.

(e) Local districts or other public agencies which have entered into and operate under a cooperative agreement with the Department of Public Health pursuant to Section 2426 of the Health and Safety Code, provided that any exemption under this subdivision is subject to the approval of the director as being required to carry out the purposes of this division.

11410. "Agricultural pest control adviser" means any person who offers a recommendation on any agricultural use, who holds himself or herself forth as an authority on any agricultural use, or who solicits services or sales for any agricultural use.

11411. "Recommendation" means the giving of any instruction or advice on any agricultural use as to any particular application on any particular piece of property. "Recommendation" does not include any summary that does not specify the use to made for any designated pest, provided that such summary is not in conflict with any registered pesticide label or with the supplementary printed direction delivered therewith or with any rule or regulation of the director.

Chapter 2. Pesticides

12753. "Pesticide" includes any of the following:

(a) Any spray adjuvant.

(b) Any substance, or mixture of substances which is intended to be used for defoliating plants, regulating plant growth, or for preventing, destroying, repelling, or mitigating any pest, as defined in Section 12754.5, which may infest or be detrimental to vegetation, man, animals, or households, or be present in any agricultural or nonagricultural environment whatsoever.

 

Chapter 3. Restricted Materials

14006.5. Except as provided in Section 14006.6, no person shall use or possess any pesticide designated as a restricted material for any agricultural use except under a written permit of the commissioner. No permit shall be issued for any restricted material for use in any manner other than pursuant to its registration without the approval of the director. In addition, no permit shall be granted if the commissioner determines that the provisions of subdivision (a), (b), or (c) of Section 12825 would be applicable to the proposed use.

Before issuing a permit for any pesticide the commissioner shall consider local conditions including, but not limited to, the following:

(a) Use in vicinity of schools, dwellings, hospitals, recreational areas, and livestock enclosures.

(b) Problems related to heterogeneous planting of crops.

(c) Applications of materials known to create severe resurgence or secondary pest problems without compensating control of pest species.

(d) Meteorological conditions for use.

(e) Timing of applications in relation to bee activity.

(f) Provisions for proper storage of pesticide and disposal of containers.

Each permit issued for any pesticide shall include conditions for use in writing.

14006.6. (a) A permit shall not be required for the agricultural use of any pesticide not designated as a restricted material unless the commissioner determines that its use will present an undue hazard when used under local conditions.

(b) Permits for the use of pesticides shall not be required of persons found to be qualified by the director who are engaged in experimentation or research on the use of pesticides, where no charge is made to the person in charge of the property treated.

(c) A permit shall not be required for the possession of pesticides by a registrant, as defined in Section 12755, or by a licensed pest control dealer when operating pursuant to the registration or the license; by commercial warehouses storing pesticides; or for the possession and use of these materials when specifically exempted by regulation of the director in cases in which the mitigation measures provided by the permit system are not necessary to avoid injury to the environment or to any person, animal, crop, or property.

(d) Permits for the use of pesticides shall not be required of persons operating pursuant to a license issued under Chapter 14 (commencing with Section 8500) of Division 3 of the Business and Professions Code.

Chapter 3.4 Private Applicator Certification

14090. It is unlawful for a private applicator to possess, use, or supervise the use of a restricted material in accordance with Section 14015 unless that person has a valid private applicator certificate.

Agricultural commodity, for the purposes of this chapter, means an unprocessed product of farms, ranches, nurseries and forests (except livestock, poultry and fish). Agricultural commodities include fruits and vegetables; grains, such as wheat, barley, oats, rye, triticale, rice, corn and sorghum; legumes, such as field beans and peas; animal feed and forage crops; rangeland and pasture; seed crops; fiber crops such as cotton; oil crops, such as safflower, sunflower, corn and cottonseed; trees grown for lumber and wood products; nursery stock grown commercially; Christmas trees; ornamentals and cut flowers; and turf grown commercially for sod.

Assure or Ensure means to take all reasonable measures so that the behavior, activity, or event in question occurs. When the behavior, activity, or event in question involves or concerns an employee, reasonable measures by an employer include determining that the employee has the knowledge to comply; providing the means to comply; supervising the work activity; and having and enforcing a written workplace disciplinary action policy covering the employer's requirements, as well as other measures required by pesticide law or this division.

Authorized representative means an employee of the person responsible for making decisions regarding the general operation of the property or a licensed agricultural pest control adviser who has written authorization from such person to act on his or her behalf.

Closed system means a procedure for removing a pesticide from its original container, rinsing the emptied container and transferring the pesticide product, mixtures and dilutions and rinse solutions through connecting hoses, pipes and couplings that are sufficiently tight to prevent exposure of any person to the pesticide or rinse solution. Rinsing is not required when the pesticide is used without dilution. the system's design and construction shall meet the Director's closed system criteria.

Commercial applicator means a person who uses or supervises the use of a pesticide for any purpose or on any property other than as provided by the definition of private applicator.

Conflict with labeling means any deviation from instructions, requirements or prohibitions of registered labeling concerning storage, handling or use except:

(a) A decrease in dosage rate per unit treated;

(b) A decrease in the concentration of the mixture applied:

(c) Application at a frequency less than specified;

(d) Use to control a target pest not listed on the label, provided the application is to a commodity/site listed on the label and the use of the product against an unnamed pest is not expressly prohibited;

(e) Employing a method of application not prohibited, provided other label directions are followed;

(f) Mixing with another pesticide or with a fertilizer, unless such mixture is prohibited; or

(g) An increase in the concentration of the mixture applied, provided it corresponds with the current published recommendations of the University of California.

Coverall means a one- or two-piece garment of closely woven fabric or equivalent that covers the entire body, except the head, hands, and feet, and must be provided by the employer as personal protective equipment. Coverall differs from, and should not be confused with, work clothing that can be required to be provided by the employee.

Display means to make information available to the employee so that he or she may readily see and read the document, during normal business hours, without having to make a specific request of any person. An employee shall not be hindered or impeded from examining documents required to be displayed. This definition does not preclude using a binder or filing cabinet, that otherwise meets these criteria, to contain documents for display.

Fieldworker means any person who, for any kind of compensation, performs cultural activities in a field. Fieldworker does not include persons performing tasks as a crop advisor, including checking or scouting, making observations of the well being of the plants, or taking samples, nor does it include local, state, or federal officials performing inspection, sampling, or other similar official duties.

Greenhouse means a structure or space, of sufficient size to permit entry, that is enclosed with a nonporous covering and used in the commercial or research production of an agricultural plant commodity. The term includes polyhouses, mushroom houses, rhubarb houses and similar structures.

Handle means mixing, loading, transferring, applying (including chemigation), or assisting with the application (including flagging) of pesticides, maintaining, servicing, repairing, cleaning, or handling equipment used in these activities that may contain residues, working with opened (including emptied but not rinsed) containers of pesticides, adjusting, repairing, or removing treatment site coverings, incorporating (mechanical or watered-in) pesticides into the soil, entering a treated area during any application or before the inhalation exposure level listed on pesticide product labeling has been reached or greenhouse ventilation criteria have been met, or performing the duties of a crop advisor, including field checking or scouting, making observations of the well being of the plants, or taking samples during an application or any restricted entry interval listed on pesticide product labeling. Handle does not include local, state, or federal officials performing inspection, sampling, or other similar official duties.

Private applicator means:

(a) A person who uses or supervises the use of a pesticide for the purpose of producing an agricultural commodity on property owned or rented by him or her or his or her employer; or

(b) A householder who uses or supervises the use of a pesticide, outside the confines of a residential dwelling for the purpose of controlling ornamental, plant or turf pests on residential property owned or rented by that householder; or

(c) A householder who uses or supervises the use of a pesticide not included in Section 6400(a) (federally restricted) within the confines of a residential dwelling owned or rented by that householder.

Restricted entry interval (REI) means the period of time after a field is treated with a pesticide during which restrictions on entry are in effect to protect persons from potential exposure to hazardous levels of residues. An REI may be found on pesticide product labeling or in regulation.

Regularly handle means that the employee is handling pesticides during any part of the day for more than six calendar days in any 30 consecutive day qualifying period beginning on the first day of handling. Any day spent on loading pesticides while exclusively using a closed system or mixing only pesticides sealed in water-soluble packets is not included for any employee who has a baseline blood cholinesterase level established pursuant to Section 6728(c)(1).

Treated field means a field that has been treated with a pesticide or had a restricted entry interval in effect within the last 30 days. A treated field includes associated roads, paths, ditches, borders, and headlands, if the pesticide was also directed to those areas. A treated field does not include areas inadvertently contaminated by drift or over spray.

6614 Protection of Persons, Animals, and Property.

(a) An applicator, prior to and while making an application, shall evaluate the equipment to be used, meteorological conditions, the property to be treated, and surrounding properties to determine the likelihood of harm or damage.

(b) Notwithstanding that substantial drift would be prevented, no pesticide application shall be made or continued when:

(1) There is a reasonable possibility of contamination of the bodies or clothing of persons not involved in the application process;

(2) There is a reasonable possibility of damage to nontarget crops, animals, or other public or private property;

(3) There is a reasonable possibility of contamination of nontarget public or private property, including the creation of a health hazard, preventing normal use of such property. In determining a health hazard, the amount and toxicity of the pesticide, the type and uses of the property and related factors shall be considered.

6622. Operator Identification Numbers.

(a) A person performing pest control for hire is exempt from the requirements of this Section.

(b) This subsection applies to the production of an agricultural commodity. Prior to the purchase and use of pesticide(s) for the production of an agricultural commodity, the operator of the property (or the operator's authorized representative) shall obtain an operator identification number from the commissioner of each county where pest control work will be performed. The operator shall provide each pest control business applying pesticides to such property with his or her operator identification number.

(c) This subsection applies to the pesticides listed below, when they are not used for the production of an agricultural commodity (e.g., uses on cemeteries, golf courses, parks, right-of-way, post-harvest agricultural commodities, and certain nonagricultural sites). Prior to the purchase and use of pesticides listed below, each operator of the property ( or the operator's authorized representative), shall obtain an operator identification number from the commissioner of each county in which the operator intends to perform pest control. The operator of the property is not required to obtain an operator identification number when a person performing pest control for hire purchases and applies these pesticides.

(1) Any pesticide for agricultural use, as defined in Food and Agricultural code Section 11408, excluding those for use only on livestock, as defined in Food and Agricultural Code Section 18663;

(2) Any pesticide listed in Section 6400;

(3) Any pesticide for industrial use as a post-harvest commodity treatment; and

(4) Any pesticide listed in Section 6800(b) for any outdoor institutional or outdoor industrial use.

(d) This subsection applies to both subsection (b) and (c).

(1) Each operator of the property to be treated who is required to obtain a number shall provide the commissioner with a list of the counties in which pest control will be performed and all valid operator identification number(s) issued by other commissioners. The number(s) provided by the operator of the property shall be recorded by the commissioner on the operator's restricted materials permit or on a form approved by the Director.

(2) The operator of the property to be treated shall be issued an operator identification number from the commissioner of each county in which the operator intends to perform pest control. The number shall be recorded on a restricted materials permit, if the operator of the property has such a permit, or issued on a form approved by the Director, and shall be valid for a specified period not to exceed 12 months.

(3) The requirements of Section do not exempt an operator of the property to be treated from obtaining a restricted materials permit(s) or a qualified applicator certificate.

6654. Notification to Beekeepers.

(a) Each person intending to apply any pesticide moderately or highly toxic to bees to a blossoming plant shall, prior to the application, inquire of the commissioner, or of a notification service designated by the commissioner, whether any beekeeper with apiaries within one mile of the application site has requested notice of such application.

(b) If the person performing pest control is advised of a request for notification, he or she shall notify the beekeeper, at least 48 hours in advance of the application, of the time and place the application is to be made, the crop and acreage to be treated, the method of application, the identity and dosage rate of the pesticide to be applied, and how the person performing pest control may be contacted by the beekeeper. This time may be increased or decreased by the commissioner, or by agreement of both the beekeeper and the person performing the pest control work.

(c) This Section shall apply statewide. However, from March 15 through May 15 in a citrus/bee protection area, if there are conflicts between the provisions of this Section and those of Section 6656. Section 6656 shall prevail.

6738 Personal Protective Equipment.

The employer shall:

A. provide all safety equipment and provide for its daily inspection and cleaning, repair, or replacement;
B. assure that such equipment when not used is kept separate from personal clothing and in a pesticide free, specifically designated place;
C. assure that appropriate measures are taken to prevent heat related illnesses;
D. assure that personal protective equipment is used correctly for its intended purpose;
E. discard absorbent materials that have been drenched or heavily contaminated with a pesticide with the signal word "DANGER" or "WARNING";
F. keep and wash potentially contaminated personal protective equipment separately from other clothing or laundry;
G. assure all clean personal protective equipment is dried thoroughly or stored in a ventilated place to dry;
H. assure that personal protective equipment remains the property of the employer and that handlers are not allowed to take personal protective equipment into their homes;
I. assure that any person assigned to clean or repair personal protective equipment is protected and informed in accordance with section 6744.

Protective Eyewear

The employer shall assure that:

A. employees wear protective eyewear when required by pesticide labeling or when employees are engaged in:

1. mixing or loading;
2. adjusting, cleaning, or repairing mixing, loading, or application equipment that contains pesticide in hoppers, tanks, or lines;
3. hand application, except when vertebrate baits are placed (not propelled), or solid fumigants are placed to vertebrate burrows, when baiting insect monitoring traps, or applying non-insecticidal lures;
4. ground application, except when:

a. injecting or incorporating pesticides into the soil with vehicle mounted or towed equipment;
b. spray nozzles are located below the employee and pointed downward;
c. working in an enclosed cab.

B. whenever protective eyewear is required, one of the following types of eyewear is worn:

1. safety glasses that provide front, and supplemental brow and temple protection;
2. goggles;
3. face shield;
4. full face mask used in conjunction with respiratory protection;
5. visor (for aircraft operation only).

Gloves

The employer shall assure that:

A. gloves are worn when required by pesticide product labeling , or when:

1. mixing or loading;
2. adjusting, cleaning or repairing contaminated mixing, loading or application equipment;
3. application by hand or using hand-held equipment;
except if the label specifies gloves are not to be used or when applying vertebrate pest control baits using long handled implements that avoid actual hand contact with the bait or contaminated equipment.

B. gloves are made of rubber, neoprene, or other chemical resistant material unless another type is specified by the pesticide product label; gloves or glove linings of leather, cotton, or other absorbent materials shall not be worn unless expressly permitted by the pesticide product labeling.

Footwear

The employer shall assure that:

A. when chemical resistant footwear is specified by the pesticide product labeling, one of the following is worn:

1. chemical resistant shoes;
2. chemical resistant boots;
3. chemical resistant coverings worn over boots or shoes.

B. for aircraft operation, chemical resistant footwear need not be worn.

Headgear The employer shall assure that when chemical resistant headgear is specified by the pesticide product labeling, either a chemical resistant hood or a chemical resistant hat with a wide brim is worn. A helmet may be substituted for aircraft operation.

Apron The employer shall assure that when a chemical resistant apron is specified by the pesticide product label, a garment that covers the front of the body from mid-chest to the knees is worn.

Chemical Resistant Suit The employer shall assure that:

A. when pesticide product label or regulations specify a chemical resistant suit, waterproof or impervious pants and coat or a rain suit, a chemical resistant suit that covers the torso, head, arms, and legs is worn.
B. if the ambient temperature exceeds 80( F during daylight hours or 85( F during nighttime hours, pesticides requiring a chemical resistant suit are not handled by employees unless allowed by exceptions or employees use cooled chemical suits to maintain an effective working environment below the threshold temperatures.

Respiratory Protective Equipment The employer shall ensure that:

A. employees use approved respiratory protective equipment when required by pesticide product labeling, regulations, or to maintain exposure below an applicable exposure standard.
B. respiratory protective equipment are selected according to pesticide product labeling, or accepted national standards and are NIOSH or MSHA approved.
C. written operating procedures for selecting, fitting, cleaning and sanitizing, inspecting and maintaining respiratory protective equipment are adopted.
D. employees with facial hair that prevents an adequate seal are not assigned to work which requires a respirator unless the respirator used does not rely on a face to face-piece seal for proper operation.
E. respirators for stand by or emergency use are inspected monthly or before use if occasions for possible use are more than a month apart.
F. employees are informed prior to work of medical conditions which could interfere with wearing a respirator, and a signed medical condition statement is on file for each employee assigned to work that requires wearing a respirator. If the employee indicates the possession of such a medical condition, a physician's evaluation is required before work requiring use of a respirator is allowed.
G. compressed air in self contained breathing apparatus or air line type respirators must meet or exceed Grade D breathing air standards.
H. air purifying elements are replaced according to the pesticide product labeling, the respiratory equipment manufacturer, or at the end of each day's work period, which ever is shorter. At the first indication of odor, taste, or irritation, the wearer leaves the area and checks the respirator for fit, function, or replacement.

Exceptions and Substitutions to Personal Protective Equipment:

A. Persons using a closed system to handle pesticide products with the signal word "DANGER" or "WARNING" may substitute coveralls, chemical resistant gloves, and a chemical resistant apron for personal protective equipment required by pesticide product labeling.
B. Persons using a closed system to handle pesticide products with the signal word "CAUTION" may substitute work clothing for personal protective equipment required by pesticide product labeling.
C. Persons using a closed system that operates under positive pressure shall wear protective eyewear in addition to the personal protective equipment listed in A or B. All personal protective equipment required by pesticide product labeling shall be immediately available for use in an emergency.
D. Persons properly mixing pesticides packaged in water soluble packets are considered to be using a closed system (for this subsection only).
E. Persons occupying an enclosed cab (including cockpit) may substitute work clothing for personal protective clothing except that respiratory protection, if required, must be worn (except in an enclosed cockpit).
F. Persons occupying an enclosed cab acceptable for respiratory protection may substitute work clothing for personal protective clothing.
G. Persons working in an enclosed cab, as specified in E or F, other than aircraft, shall have all personal protective equipment immediately available in a chemical resistant container. The personal protective equipment shall be worn when working outside the cab or with pesticide treated surfaces and shall be removed before reentering the cab.
H. A chemical resistant suit may be substituted for coveralls and/or a chemical resistant apron.
I. Pest control aircraft pilots need not wear gloves during operation but gloves must be worn when entering or exiting contaminated aircraft; while in the aircraft, the gloves shall be stored in a chemical resistant container.

6724. Handler training

(f) The person conducting the training for employees who will be handling pesticides for the commercial or research production of an agricultural plant commodity shall be qualified as one of the following:

(1) A California certified commercial applicator;

(2) A California certified private applicator;

(3) A person holding a valid County Biologist License in Pesticide Regulation or Investigation and Environmental Monitoring issued by the Department of Food and Agriculture;

(4) A farm advisor employed by the University of California Extension Office;

(5) A person who has completed an "instructor trainer" program presented by one of the following:

(A) the University of California, Integrated Pest Management Program after January 1, 1993; or

(B) other instructor training program approved by the Director;

(6) A California licensed Agricultural Pest Control Adviser;

(7) A California Registered Professional Forester; or

(8) Other trainer qualification approved by the Director.

Article 3. Field Worker Safety

6762. Field Work During Pesticide Application.

(a) The requirements of this Section are minimum requirements established by the U.S. Environmental Protection Agency and do not assure compliance with the general standard in Section 6614.

(b) No employer shall direct or allow any person, other than the persons making the application, to enter or remain in a treated area of a farm or forest during the application.

(c) No employer shall direct or allow any person, other than the persons making the application, to enter or remain in treated nurseries or greenhouses, as specified below.

(1) If the pesticide is applied in a nursery:

(A) By aircraft, in an upward direction, or at a pressure of more than 150 pounds per square inch, or is applied as a fumigant, smoke, fog, or aerosol, the prohibited area is the treatment site plus 100 feet in all directions within the confines of the property.

(B) If the pesticide is applied downward from a height greater than 12 inches from the soil or other planting medium, as a fine spray, or using a pressure of more than 40 pounds per square inch, but not more than 150 pounds per square inch, or which requires respiratory protection on the product labeling, the prohibited area is the treatment site plus 25 feet in all directions within the confines of the property.

(2) If the pesticide is applied in a greenhouse:

(A) As a space treatment (fumigant, smoke, fog, aerosol, or mist) or is a pesticide for which the product labeling requires respiratory protection, the prohibited area, until ventilation criteria have been met, is the entire enclosed area plus any adjacent area that is not sealed (sufficient to prevent pesticide transfer) from the treatment site.

(B) As a spray from a height greater than 12 inches from the soil or other planting medium, as a fine spray, or using a pressure of more than 40 pounds per square inch, the prohibited area is the treatment site plus 25 feet in all directions within the enclosed area.

(3) Otherwise, in both nurseries and greenhouses, the prohibited area is the treatment site.

6772. Restricted Entry Intervals (REI).

A. The restricted entry intervals specified in this section shall be applied according to the following:

1. in case of an inconsistency between the pesticide product labeling and this section, the longer restricted entry interval shall be followed;
2. if more than one restricted entry interval in this section is applicable to a given situation, the longer restricted entry interval shall apply, except as provided in section 6774;
3. when reference is made to pounds of a pesticide in a restricted entry interval, the reference means pounds of active ingredient;
4. a day is considered to be a 24-hour period beginning at the conclusion of the application to the identified field or portion of a field.

B. The restricted entry intervals in days in the following table apply to the pesticide/crop combinations listed:

                                                     PEACH
PESTICIDE/CROP  APPLES  CITRUS    CORN    GRAPES    NECTARINE    OTHER CROPS
Azinphos-methyl   14(B)   30               21          14(B)          14(A)(B)
Chlorpyriphos              2				
Diazinon           5                        5           5	
Endosulfan         2       2       2        2           2              2
Malathion                  1                1           1	
Methidathion (Supracide)  30  
Methomyl (Lannate)                          7(C)		
Parathion-methyl  14      14(D)   14(D)    14(E)       21             14(D)
Phorate (Thimet)                   7			
Phosmet (Imidan)                            5           5
Propargite        21      42       7       30          21             21(F)(G)
 (Omite/Comite)
Sulfur                                      3(H)

(A) This restricted entry interval applies to stone fruit only. Excludes almonds.
(B) If total azinphos-methyl is 1 pound per acre or less, thinning may be done after 7 days.
(C) REI is 21 days for applications made after August 15, but may be shortened to 10 days if leaf sample analysis shows 0.1 micrograms per square centimeter or less of dislodgeable foliar residue of methomyl (see 6774 (D)(4)).
(D) REI applies only when more than one pound per acre is applied.
(E) REI for non-encapsulated parathion-methyl is 6 days in Monterey County.
(F) REI for strawberries and field grown roses is 3 days.
(G) REI for cotton is 7 days. Employees entering treated fields must wear work clothing with long sleeves and legs and gloves.
(H) REI from May 15 through harvest in Fresno, Kern, Kings, Madera, Merced, San Joaquin, Stanislaus, Tulare Counties; during March and April in Riverside County.

6774. Restricted Entry Interval Adjustments
A. Adjustments herein apply only to REI listed in 6772 CCR.
B. Whenever a mixture of 2 or more organophosphate pesticides is applied, the REI is lengthened by adding the longest with 50% of the next longest.
C. When there is no foliage on the plants and weeds or cover crop is less than 4 inches in height, the REI may be reduced by 50%, but never less than the REI specified on the pesticide product labeling.
D. REI may be shortened to the REI specified on the pesticide product labeling if the commissioner can verify that:

1. 2 inches of rainfall within a 7 day period has occurred after the application, or
2. the equivalent of 2 inches of rainfall has been applied by sprinkler irrigation within a 7 day period after the application, or
3. for tree crops, at least 50 gallons of water has been applied under pressure, evenly to each tree, or
4. the plants have been tested by a method approved by the director and shown to have no residues or residues at non-hazardous levels.

E. Whenever the pesticide product labeling specifies the REI be adjusted for areas receiving less than 25 inches of rainfall annually, the REI for dry areas shall apply for outdoor applications in California.

§ 1970.4. Pesticide Disclosure Requirement.
(a) The primary contractor for fumigation shall have in his or her possession and shall provide to any subcontractor for fumigation a form signed by the occupants or designated agent of a structure. In case of multiple-family dwellings, the owner, manager or designated agent of the building may obtain signatures and/or verify the notification of the occupants.
The form shall state the name of the pest to be controlled, the pesticide(s)/fumigant(s) proposed to be used, the active ingredient(s) and the health cautionary statement as required under section 8538 of the code. The form shall also state that a lethal gas (poison) will be used in the building on indicated dates and that it is unsafe to return to the building until a certification notice for reentry is posted by the licensed fumigator. The form shall also indicate that the occupant has received the prime contractor's information regarding the procedures for leaving the structure.
The properly signed form or a copy thereof shall be in the possession of the licensed fumigator when the fumigant is released. Such form shall be attached to and become a permanent part of the fumigation log upon completion of the fumigation.

§ 8538. Written Notice of Work to be Done; Time; Contents,; Regulations; Violation as Misdemeanor.
(a) A structural pest control operator, field representative, or employee of a registered company shall provide the owner, or owner's agent, and tenant of the premises for which the work is to be done with clear written notice which contains the following statements and information using words with common and everyday meaning:
(1) The pest to be controlled or in the case of wood roof cleaning and treatment registered company applications, the purpose of applying the wood preservative or preservatives.
(2) The pesticide or pesticides proposed to be used, and the active ingredient or ingredients.
(3) "State law requires that you be given the following information: CAUTION-PESTICIDES ARE TOXIC CHEMICALS. Structural Pest Control Companies are registered and regulated by the Structural Pest Control Board, and apply pesticides which are registered and approved for use by the California Department of Food and Agriculture and the United States Environmental Protection Agency. Registration is granted when the state finds that based on existing scientific evidence there are no appreciable risks if proper use conditions are followed or that the risks are outweighed by the benefits. The degree of risks depends upon the degree of exposure, so exposure should be minimized."
"If within 24 hours following application you experience symptoms similar to common seasonal illness comparable to the flu, contact your physician or poison control center (telephone number) and your pest control company immediately." (This statement shall be modified to include any other symptoms of overexposure which are not typical of influenza.)
"For further information, contact any of the following: Your Pest Control Company (telephone number); for Health Questions-the County Health Department (telephone number); for Application Information-the County Agricultural Commissioner (telephone number); and for Regulatory Information-the Structural Pest Control Board (telephone number and address)."
(b) In the case of Branch 1 applications, the notice, as prescribed by subdivision (a), shall be provided at least 48 hours prior to application unless fumigation follows inspection by less than 48 hours.
In the case of Branch 2, Branch 3 or wood roof cleaning and treatment registered company applications, the notice, as prescribed by subdivision (a) shall be provided no later than prior to application.
In either case, the notice shall be given to the owner, or owner's agent, and tenant, if there is a tenant, in at least one of the following ways:
(1) First-class mail.
(2) Posting in a conspicuous place on the real property.
(3) Personal delivery.
If the building is commercial or industrial, a notice shall be posted in a conspicuous place, unless the owner or owner's agent objects, in addition to any other notification required by this section.
The notice shall only be required to provided at the time of the initial treatment if a contract for periodic service has been executed. If the pesticide to be used is changed, another notice shall be required to be provided in the manner previously set forth herein.
(c) On or before January 1, 1986, the board shall promulgate appropriate administrative regulations for the implementation of this section.
(d) Any person or licensee who, or registered company which, violates an provision of this section is guilty of a misdemeanor and is punishable as set forth in Section 8553.

This is a selected list of definitions and other code section from the California Food and Agriculture Code and California Code of Regulations. This list is included here to facilitate the understanding of the content of this web site. Consult the codes for a more complete list.

Last update: January 26, 1998

 

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