Purpose and Scope

“[The] Food and Agricultural Code section 12973 provides: ‘The use of any pesticide shall not conflict with labeling registered pursuant to this chapter which is delivered with the pesticide or with any additional limitations applicable to the conditions of any permit issued by the director or commissioner.’” (Patterson v. Dept. of Pesticide (2008) 161 Cal.App.4th 411, 417.)

"Every manufacturer of, importer of, or dealer in any pesticide . . . shall obtain a certificate of registration from the department before the pesticide is offered for sale." (Food Agr. Code, Sec. 12811.) Each applicant for a certificate of registration must identify every pesticide it intends to manufacture or sell and its ingredients. (Food Agr. Code, Sec. 12821.) The registrant must attach to each container or package of pesticide to be sold a plainly printed label identifying the pesticide and the registered manufacturer, importer, or vendor. (Food Agr. Code, Sec. 12851.) "The registrant of any pesticide that is sold or delivered to a consumer in this state shall furnish printed directions for use, and dilution if any, upon the label, or shall enclose the printed directions in each container or package of the pesticide." (Food Agr. Code, Sec. 12852.) "If a manufacturer, importer, or dealer in pesticides that applies for registration of pesticides has complied with this chapter and the regulations that are adopted pursuant to it, the director shall register each pesticide that is sought to be registered and issue a certificate of registration to the applicant that authorizes the manufacture and sale of the pesticide in this state." (Food Agr. Code, Sec. 12815.)

The registration expires on December 31 of each year, unless renewed. (Food Agr. Code, Sec. 12817.)

Each application for registration of a pesticide product or to amend the labeling of a pesticide product must be accompanied by six copies of the product labeling. (Cal. Code Regs., tit. 3, Sec. 6170.) Label amendments must be approved pursuant to section 6170 of the regulations, but they are not subject to separate registration renewal requirements. (Cal. Code Regs., tit. 3, Sec. 6215.) "No label may represent a registered pesticide and no supplemental or associated information, whether written or oral, may represent a registered pesticide until such label and information is accepted by the director as part of the labeling." (Cal. Code Regs., tit. 3, Sec. 6238.)

The labeling requirements imposed by the director's regulations must meet, but may not exceed, the current United States Environmental Protection Agency (U.S. EPA) labeling requirements; the director's labeling requirements apply equally to pesticides registered by the U.S. EPA and submitted to the director for registration, and those requiring registration only pursuant to Food and Agricultural Code section 12811. (Cal. Code Regs., tit. 3, Sec. 6243.) The assigned registration number must appear on the label — the U.S. EPA registration number if one has been assigned, or the state registration number if no federal number has been assigned. (Cal. Code Regs., tit. 3, Sec. 6241.) Patterson v. Dept. of Pesticide, 161 Cal.App.4th 411, 427-28 (Cal. Ct. App. 2008)

“Food and Agricultural Code section 12972 provides: "The use of any pesticide by any person shall be in such a manner as to prevent substantial drift to nontarget areas."” Patterson v. Dept. of Pesticide, 161 Cal.App.4th 411, 429 (Cal. Ct. App. 2008)

Penalties for Violations

Food and Agricultural Code section 12999.5 provides that in lieu of a civil prosecution by the Director, the appropriate regulatory authority may levy a civil penalty against a person violating the relevant provision of not more than five thousand dollars ($5,000) for each violation. Before a civil penalty is levied, however, the person charged with the violation shall be given a written notice of the proposed action and shall have the right to request a hearing within 20 days after receiving notice of the proposed action. The person may appeal the decision to the Director within 30 days of receiving a copy of the hearing officer’s decision, and if appropriate, may seek review of the Director's decision within 30 days of the date of the Code of Civil Procedure section 1094.5. (See State ex rel. Dept of Pesticide Regulation v. Pet Food Express (2008) 165 Cal.App.4th 841, 846.)

See also State Ex Rel. Dept. of Pesticide Regulation v. Pet Food Express (2008) 165 Cal. App. 4th 841

Penalties Under the Code of Regulations

Cal. Code Regs. tit. 3 Sec. 6130 concerns penalties for violations of the Food and Agricultural Code Pesticide regulations, and provides in relevant part:

1. When taking civil penalty action on incidents or violations related to agricultural or structural use of pesticides and all uses of fumigants pursuant to section 12999.5 of the Food and Agricultural Code, county agricultural commissioners shall use the provisions of this section to determine the violation class and the fine amount. This section may also be used to determine the violation class and fine amount for violations involving other uses of pesticides.
2. County agricultural commissioners shall designate violations as "Class A," "Class B," or "Class C" using the following definitions:
1. A Class A violation is one of the following:
1. A violation that caused a health, property, or environmental hazard.
2. A violation of a law or regulation that mitigates the risk of adverse health, property, or environmental effects, and the commissioner determines that one of the following aggravating circumstances support elevation to Class A.
1. The respondent has a history of violations;
2. The respondent failed to cooperate in the investigation of the incident or allow a lawful inspection; or,
3. The respondent demonstrated a disregard for specific hazards of the pesticide used;
3. A violation of a lawful order of the commissioner issued pursuant to sections 11737, 11737.5, 11896, 11897, or 13102 of the Food and Agricultural Code.
2. A Class B violation is a violation of a law or regulation that mitigates the risk of adverse health, property, or environmental effects that is not designated as Class A.
3. A Class C violation is a violation of a law or regulation that does not mitigate the risk of an adverse health, property, or environmental effect, including, but not limited to, Title 3, California Code of Regulations, sections 6624 through 6628, and Food and Agricultural Code sections 11732, 11733, and 11761.
3. The fine range for each class of violation is:
1. Class A: $700 to $5,000.
2. Class B: $250 to $1,000.
3. Class C: $50 to $400.
4. When determining the fine amount within the fine range, the commissioner shall use relevant facts, including severity of actual or potential effects and the respondent's compliance history, and include those relevant facts in the notice of proposed action.
5. The commissioner shall send a copy of the notice of proposed action to the Director no later than the time the notice is provided to the respondent.
6. If the respondent requested and appeared at the hearing offered by the commissioner, the commissioner's decision shall include information concerning the person's right to appeal the decision to the Director.
7. The commissioner shall send a copy of the notice of final action to the Director no later than the time the notice is provided to the respondent.

(Cal. Code Regs. tit. 3 Sec. 6130)