Food and Agriculture Code, Section 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.
Section 12993. It is unlawful for any person to manufacture, deliver, or
sell any pesticide or any substance or mixture of substances that is
represented to be a pesticide, or to retail any formula for a pesticide in
conjunction with the sale or gift of materials that are represented to be
the essential ingredients necessary to constitute a pesticide, which is not
registered pursuant to this chapter, or for which the registration has been
suspended or canceled, except as provided in regulations adopted by the
director or as provided in the notice or order of suspension or
cancellation. This section, however, does not apply to any pesticide
product of a registrant that is manufactured solely for export outside this
state, and which is so exported.
FAC Section 12995. Except as provided in regulations adopted by the
director or as provided in the notice or order of suspension or
cancellation, it is unlawful for any person, by himself or herself or
through another, to possess or use any pesticide that is not registered
pursuant to this chapter, or for which registration has been suspended.
California Code of Regulations
Section 6145 A substance is considered to be "intended to be used," as
the phrase is used in Sections 12753 and 12758 of the Food and Agricultural
Code, and thus be a pesticide requiring registration, when:
(a) A person who distributes or sells the substance claims, states, or
implies, by labeling or otherwise, that:
(1) The substance, either by itself or in combination with any other
substance, can or should be used as a pesticide; or
(2) The substance consists of or contains an active ingredient and
can be used to manufacture a pesticide; or
(b) A person who distributes or sells the substance has actual or
constructive knowledge that the substance will be used, or is intended by
the user to be
used, as a pesticide; or
(c) The substance consists of or contains one or more active ingredients
and has no significant commercially valuable use as distributed or sold
other than:
(1) Use as a pesticide, by itself or in combination with any other
substance; or
(2) Use in the manufacture of a pesticide.
Section 6301. Unregistered Products.
(a) Section 12995 shall not apply to an individual, who personally uses a
substance for the purpose of controlling their residence or garden pests,
provided no food or feed commodities treated with the substance are sold,
distributed, or fed to animals that are sold or distributed for human
consumption.
(b) Pesticide products whose registration has lapsed shall not be sold by
the registrant, but may be possessed and sold by a dealer for two years
after the last date of registration. If acquired while legally registered
or within two years after the date of last registration, such products may
be possessed and
used according to the directions on the label.
(c) Notwithstanding the provisions of (b), it is unlawful to possess or use
any pesticide which has been canceled or suspended pursuant to Sections
12825, 12826, or 12827 of the Food and Agricultural Code or under FIFRA (7
U.S.C. Section 136 et seq.), except as provided in such cancellation or
suspension.
****************************************
Kathy Brunetti, Agriculture Program Supervisor
California Department of Pesticide Regulation
830 KStreet, Sacramento, California, USA 95814
voice (916) 324-4100, FAX (916) 324-4088, brunetti@empm.cdpr.ca.gov
Our Web site: http://www.cdpr.ca.gov
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