Cal. Food & Agric. Code § 12825
Registration
Redline — January 1, 2011 → current.View current text →
Current — January 1, 2023
As of January 1, 2011
Pursuant to Section 12824, the director, after hearing, may cancel the registration of, or refuse to register, any pesticide:
(a) That has demonstrated serious uncontrollable adverse effects either within or outside the agricultural environment.
(b) The use of which is of less public value or greater detriment to the environment than the benefit received by its use.
(c) For which there is a reasonable, effective, and practicable alternate material or procedure that is demonstrably less destructive to the environment.
(d) That, when properly used, is detrimental to vegetation, except weeds, to domestic animals, or to the public health and safety.
(e) That is of little or no value for the purpose for which it is intended.
(f) Concerning which any false or misleading statement is made or implied by the registrant or his or her agent, either verbally or in writing, or in the form of any advertising literature.
(g) For which the director determines the registrant has failed to report an adverse effect or risk as required by Section 12825.5.
(h) If the director determines that the registrant has failed to comply with the requirements of a reevaluation or to submit the data required as part of the reevaluation of the registrant’s product.
(i) That is required to be registered pursuant to the federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. Sec. 136 et seq.) and that is not so registered.
(a) Pursuant to Section 12824, the director, after a hearing, may cancel the registration of, or refuse to register, a pesticide if any of the following conditions apply:
(1) The pesticide has significant adverse environmental effects for which there is no feasible mitigation available.
(2) The use of the pesticide is of less public value or greater detriment to the environment than the benefit received by its use.
(3) There is a reasonable, effective, and practicable alternate material or procedure for the pesticide that is demonstrably less destructive to the environment.
(4) The pesticide, when properly used, is detrimental to vegetation, except weeds, to domestic animals, or to the public health and safety.
(5) The pesticide is of little or no value for the purpose for which it is intended.
(6) The registrant or their agent makes or implies a false or misleading statement concerning the pesticide, either verbally or in writing, or in the form of any advertising literature, for the purpose of meeting any registration requirement under this division, or that is otherwise related in any way to the pesticide.
(7) The director determines that the registrant has failed to report an adverse effect or risk for the pesticide as required by Section 12825.5.
(8) The director determines that the registrant has failed to comply with the requirements of a reevaluation or to submit the data required as part of the reevaluation of the registrant’s product or pursuant to Section 12824.
(9) The pesticide is required to be registered pursuant to the federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. Sec. 136 et seq.) and is not so registered.
In making a determination pursuant to this section, the director may require those practical demonstrations that are necessary to determine the facts.
(b) In making a determination pursuant to this section, the director may require those practical demonstrations that are necessary to determine the facts.
Official source: California Legislative Information. Reproduced from public-domain California statutes; confirm against the official source for the current text. Not legal advice.