Updates to the Citable Sections Report

The Citable Sections report, a reference tool for pesticide regulatory staff, has been updated. The report lists sections of pesticide laws [Food and Agricultural Code (FAC), Business and Professions Code (B&PC) or Labor Code] or regulations [Title 3 or 16, California Code of Regulations (3 CCR or 16 CCR)], that can be generally relied upon to identify areas that can be called a “violation” in an administrative civil penalty action and be enforceable in hearings and appeals. The report also identifies certain exceptions or advisories to encourage the Commissioner to further investigate before citing a section as a violation in an administrative civil penalty.

Highlights of the 2023 update to the Citable Sections Report include:

• Report format changes:
  • Rather than listing citable and non-citable sections separately they are now listed together in order by code, section, and subsection. For non-citable sections, the code, section number, and description are listed with a red font, in addition to appropriate text descriptors (such as “Do not cite” or “State Only”) in the Enforcement Option and Advisory columns.
  • If a section has two or more subsections listed [e.g., 3 CCR section 6730(a) and 6730(b)] a section-level entry was added in bold font; usually this entry includes an instruction to cite a specific subsection.
• New or amended pesticide laws and regulations effective between 2015 and January 1, 2024 are included. This includes, but is not limited to, the 2017 and 2018 Worker Protection Standard regulation changes; 2020’s Field Fumigation Posting regulation changes; 2022’s Citrus/Bee Protection Areas regulation changes; and 2023’s Neonicotinoid Pesticide Exposure Protection, Certification and Training, Health Risk Mitigation and Volatile Organic Compound Emission Reduction for 1,3-Dichloropropene regulation changes.
• Refined or expanded the Exception, Reference, or Advisory entries for many code sections.
• Sections were reviewed following the analysis guidelines in the forthcoming Compendium Volume 6 Section 3.3. Some sections which were formerly listed as citable sections are now non-citable, and vice versa. Highlights of the more significant changes include:
  • FAC sections 11709 (the neighborhood operator licensing fee exemption) and 11710 (the tree surgeon licensing exemption) are interpreted as exemptions to pest control business licensing requirements. These two sections were changed to “Do not cite”.
  • FAC sections 12985 and 12996.5(b) were changed to note these are not citable as a violation in CAC agricultural civil penalty (ACP) actions.
  • The structural civil penalty (SCP) option was added to FAC sections 15204 (Branch 2/3 registration) and 15204.5 (Branch 1 registration and NOIs) as FAC Division 7 Chapter 7 is listed in B&PC section 8617(a).
  • The SCP option was removed from 3 CCR section 6970 (Surface Water Protection in Outdoor Nonagricultural Settings). The authorizing law used to adopt the regulation (FAC section 11456 in FAC Division 6) is not listed in B&PC section 8617(a).
  • 16 CCR sections 1970.3 (Securing Against Entry) and 1970.5 (Commencing Aeration) are interpreted in context as definitions and changed to “Do not cite”.
  • On October 13, Governor Newsom signed Assembly Bill 1752 which amended FAC section 12999.5(a). As a result of this change in the law, on January 1, 2024, 3 CCR section 6983 (Notification to Apiary Operators) will become a citable section.

If you have any questions, please contact the Enforcement Branch Liaison assigned to your county.

Sincerely,