Electronic Signatures, Signatures on Electronic Devices, and Amended Restricted Materials Permit
The County Agricultural Commissioners (CAC) have asked for clarification of the use of electronic signatures. This letter is intended to help clarify the difference between an electronic signature and a manual signature and provide guidance for the appropriate use of electronic signatures. This letter will also clarify the legal validity of an unsigned copy of an amended restricted materials permit printed from the CalAgPermits Web program.
Signatures-
A signature is an identifiable mark to the person signing the document. This includes a manual signature or an electronic signature.
Manual signature:
A manual signature is sometimes called a “physical” signature, a “wet” signature, or an “in-person” signature. This also includes a signature that is written on an electronic device, such as a tablet at the time of inspection. Signatures written on a tablet or other electronic device are considered manual signatures because the person is present and is personally placing their identifiable mark on the device. This includes a scanned manual signature placed onto a document on the device by that person, who is also responsible for maintaining security of their scanned signature.
Electronic (digital) signature:
A true electronic signature is more accurately called a “digital” signature.
To help clarify this, the Department of Pesticide Regulation (DPR) will use the Secretary of State’s definition in the California Code of Regulations, Title 2, Division 7, Chapter 10, section 22000, Definitions, which states “For purposes of this chapter, and unless the context expressly indicates otherwise: Digitally-signed communication is a message that has been processed by a computer in such a manner that ties the message to the individual that signed the message”.
- “Message” means a digital representation of information intended to serve as a written communication with a public entity.
- “Person” means a human being or any organization capable of signing a document, either legally or as a matter of fact.
- “Public entity” means the public entity as defined by California Government Code Section 811.2.
- “Signer” means the person who signs a digitally signed communication with the use of an acceptable technology to uniquely link the message with the person sending it.
- “Technology” means the computer hardware and/or software-based method or process used to create digital signatures.
The Secretary of State in their Frequently Asked Question section further explains that a “digital signature” is an electronic identifier, created by a computer, intended by the party using it to have the same force and effect as the use of a manual signature. Government Code section 16.5 states that a digital signature shall have the same force and effect as a manual signature if and only if:
- It is unique to the person using it.
- It is capable of verification.
- It is under the sole control of the person using it.
- It is linked to data in such a manner that if the data are changed, the digital signature is invalidated, and
- It conforms to regulations adopted by the California Secretary of State.
Therefore, DPR will accept forms and documents with a “digital” signature, provided it complies with Government Code section 16.5.
Amended Restricted Materials Permit printed from CalAgPermits website-
Restricted Materials Permit Issuance:
A person who applies for a restricted material permit is required to physically go to the CAC’s office to fill out and sign the permit application. Under the California Code of Regulations (CCR) Title 3, the permittee (or permittee’s authorized representative) must sign the permit application (CCR 6420) and must include in the application, all the requirements listed in section CCR 6428. The CAC will only issue the permit if, after careful review of the permit, determines that no substantial adverse environmental impact will result from the use of the pesticide under the conditions in the permit. Once the CAC makes that determination, the CAC issues the permit (CCR 6432). An online version is then available through CalAgPermits. The original permit application with the applicant’s and CAC’s signature shall remain in the CAC’s office, and be publically available, when requested.
Amended Restricted Materials Permit:
When a permittee requests a change to their permit, even if by a phone call, the CAC reviews the request and makes appropriate changes to the permit. Under these conditions, an unsigned copy of the permit printed directly from the CalAgPermits website is acceptable, including for purchase of a restricted material from a pesticide dealer. DPR recommends that the CAC document the call and all relevant information from the call and keep those notes in the event of a question or concern about the permit.
It is recommended that the pesticide dealer access the CalAgPermits website to verify that the unsigned copy is a true copy from the website. The dealer is still accountable if that dealer sells a restricted material to a person who does not possess a current and valid restricted materials permit. If the dealer does not have web access to CalAgPermits, they can call the CAC.
If you need further assistance in this matter, please contact the Enforcement Branch Liaison assigned to your county.
Sincerely,