California Code of Regulations(Title 3. Food
and Agriculture)
Division 6. Pesticides and Pest Control Operations
Division 6. Pesticides and Pest Control Operations
Chapter 1. Pesticide Regulatory Program
Subchapter 2. Program Certification
Article 1. Purpose
(a) This article provides for the submittal of the pesticide regulatory program to the Secretary of Resources for certification. This article is contingent on certification of the pesticide regulatory program by the Secretary of the Resources Agency, and shall expire if and when the pesticide regulatory program is not certified. The submittal for certification under Section 21080.5 of the Public Resources Code, provides for environmental review of the pesticide regulatory program which is to be achieved in view of the findings of the Legislature in Section 1, Chapter 308, Statutes 1978, which are as follows:
(1) Agriculture is a major and essential component of California's economy.
(2) The proper, safe, and efficient use of pesticides is essential for the protection and production of agricultural commodities and for health protection.
(3) Timeliness in the application of pesticides is paramount in good pest management and is essential in the prevention of economic waste.
(4) Reasonable environmental review of such pesticide use is prudent and appropriate.
(5) Individual permits to apply pesticides must often be issued on short notice, thereby making impracticable the type of environmental review which would occur if the issuance of such permits was subject to the preparation of an environmental impact report or a negative declaration pursuant to the requirements of Division 13 of the Public Resources Code.
(6) Preparation of environmental impact reports and negative declarations for pesticide permits would be an unreasonable and expensive burden on California agriculture and health protection agencies.
(7) For the purposes of this article, any county agricultural commissioner shall be considered a state agency. Under authority of the Food and Agricultural Code, each commissioner shall administer the local enforcement of the pesticide regulatory program under the supervision of the director.
(8) The procedures for governmental review of pesticide recommendations and use shall not unnecessarily burden permit applicants or require such applicants to furnish unnecessary information.
(b) This section and Sections 6122, 6408, 6410, 6422, 6424, 6426, 6428, 6430, 6432, 6434 and 6436 shall expire if and when the department's Pesticide Regulatory Program is not certified pursuant to Section 21080.5 of the Public Resources Code.
NOTE: Authority cited: Sections 11456, 12781 and 14005, Food and Agricultural Code. Reference: Section 11501, Food and Agricultural Code; and Chapter 308, Statutes of 1978.
If any provision of division 4, chapter 1, subchapter 2, articles 4, 5, 7, 11 and 20 or division 6, chapter 2, subchapter 4 or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions of the cited articles or application of the articles which can be given effect without the invalid provision or application, and to this end the provisions of the cited articles are severable.
NOTE: Authority cited: Sections 11456, 12781, 12981 and 14005, Food and Agricultural Code. Reference: Section 11501, Food and Agricultural Code; and Chapter 308, Statutes of 1978.