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