California Code of Regulations (Title 3. Food and Agriculture)
Division 6. Pesticides and Pest Control Operations

Division 6. Pesticides and Pest Control Operations
Chapter 3. Pest Control Operations
Subchapter 1. Licensing
Article 6. Pesticide Dealer Licenses

6560. Supervision. [Repealed]

NOTE: Authority cited: Sections 11456 and 12111, Food and Agricultural Code.

Reference: Sections 11501 and 12103, Food and Agricultural Code.

6562. Dealer Records and Sales Reporting.

(a) Each licensed pest control dealer shall prepare and maintain records of all pesticides sold or delivered, except for pesticides labeled only for home use. For each transaction these records shall include the following:
(1) The purchaser's name and address;
(A) For any pesticide listed in section 6400:
(i) the purchaser’s name must include the name of the business, agency, or operator of the property (if applicable) and the name of the certified private or commercial applicator purchasing the restricted material;
(ii) if the purchase is made by a noncertified agent of a certified private or commercial applicator, the record must also record the name of the individual who made the purchase; and
(iii) the address must be a residence or business address.
(2) The product name, U.S. EPA or California Registration Number, the amount, and any applicable FIFRA Section 18 emergency exemption or Section 24(c) special local need number;
(3) The date of purchase;
(4) The operator identification number(s) specified in section 6622 on the invoice, or a statement on the invoice indicating that the purchaser was not required to obtain an operator identification number pursuant to section 6622;
(5) A copy of an agricultural pest control adviser's written recommendation, or the following statement (or a substantially similar statement) on the invoice or delivery slip supplied to the customer:
No recommendation has been made by, or provided to, the seller concerning the use of the pesticide covered by this invoice; and
(6) The location where the pesticide was delivered, including the name of the person who, or business which, received the shipment, if the dealer delivered the pesticide.

(b) The records shall be maintained at the sales office for two years. These records shall be produced for inspection, by purchaser name, upon request by the Director or agricultural commissioner.

NOTE: Authority cited: Sections 11456, 12111, 12976 and 13145, Food and Agricultural Code.

Reference: Sections 11501, 12110 and 13145, Food and Agricultural Code.

6564. Appropriate Products.

Each licensed pest control dealer shall not:
(a) Sell or deliver a pesticide when the requirements of the registered pesticide labeling conflict with the recommendation;
(b) Knowingly sell or deliver a registered pesticide for a use not shown in the labeling, or when any condition of use shown in the labeling cannot be complied with; and
(c) Sell or deliver a pesticide listed in section 6400 to a certified private or commercial applicator whose category(ies) or scope of certification do not allow for the intended pesticide use.

NOTE: Authority cited: Sections 11456 and 12111, Food and Agricultural Code.

Reference: Sections 12971 and 12973, Food and Agricultural Code.

6566. Supplemental Labeling.

When a recommended pesticide usage is included only in registered supplemental labeling, both the written recommendation, if any, and such registered supplemental labeling shall be delivered by the dealer to the applicator in sufficient time to allow him to prepare properly for the application.

NOTE: Authority cited: Sections 11456 and 12111, Food and Agricultural Code.

Reference: Sections 11501 and 12973, Food and Agricultural Code.

6568. Dealer Responsibilities.

(a) Each licensed pest control dealer that sells a restricted material which requires a permit for its use or possession shall, before sale or delivery, obtain a copy of the permit.
(b) A restricted material specified in section 6400(a) (federally restricted use) or in section 6400(d) (potential to pollute groundwater) that does not require a permit for possession or use shall be sold or delivered only to a certified private or commercial applicator. For applications on Tribal land only, an individual certified by a Tribe or U.S. EPA as a certified applicator under a U.S. EPA-approved certification plan is considered a certified applicator for the purpose of this subsection. The dealer shall, before sale or delivery, obtain from the purchaser a copy of his or her certified private or commercial applicator license or certificate, or a signed statement in substantially the following form:

I am a certified applicator authorized by the scope of my _________________________________________________________________________________________
                                                                                   (license/certificate type)

license/certification No._______________ issued by _______________to use the restricted material(s) I am purchasing.

My certificate/license is valid until_______________________________________.
                                                                                                               (Date)

My category(ies) relevant to this pesticide's intended use are: _______________________________________.

Name of the business, agency, or operator of the property that I am employed by (if applicable): ____________________________________________________________________________________________

_______________________________________________________             ________________________________
(Certified Applicator)                                                                                                           (Date)

(c) Prior to the sale or delivery of pesticides listed in section 6622 to the operator of the property (or the operator's authorized representative), the dealer shall obtain from the purchaser a copy of the restricted materials permit showing all operator identification numbers, if the purchaser has such a permit; or a copy of the form issued to an operator of the property pursuant to section 6622.
(d) The dealer shall send a list of the operator identification numbers with corresponding names of persons purchasing pesticides during the quarter, within 10 days following the end of each quarter of the calendar year, to each of the commissioners who issued the numbers. The dealer is not required to send the list to the commissioner of the county in which the dealer is located.
(e) The dealer shall retain for two years a copy of each form specified in section 6622, permit, or signed statement that pesticide purchaser provided to the dealer.

NOTE: Authority cited: Section 11456 and 14005, Food and Agricultural Code.

Reference:

Sections 11501, 14006, 14010 and 14035, Food and Agricultural Code.

6570. Groundwater Protection Materials Requirements.

NOTE: Authority cited: Sections 11456, 12976 and 13145, Food and Agricultural Code.

Reference: Sections 11501 and 13145, Food and Agricultural Code.

6572. Sales Reporting.

NOTE: Authority cited: Sections 407, 12976 and 13145, Food and Agricultural Code.

Reference: Section 13145, Food and Agricultural Code.

6574. Antifouling Paints or Coatings Containing Tributyltin-Dealer Requirements.

(a) Antifouling paints or coatings containing tributyltin shall be sold only for the following purposes:

(1) For application to aluminum vessel hulls;

(2) For application to vessel hulls 82 feet or more in length; or

(3) For application to outboard motors or lower drive units.

(b) Prior to sale, the dealer shall secure a copy of the vessel registration to verify the use requirements of (a)(1) or (2). If no vehicle registration exists, or the paint or coating will be applied to an outboard motor or lower drive unit, the dealer shall secure a sworn statement to verify the use requirements of (a)(1), (2), or (3). The sworn statement shall be made in substantially the following form:

I, (name of purchaser), declare under penalty of perjury that the antifouling paint or coating containing tributyltin that I am purchasing shall be applied only to an aluminum vessel hull, to a vessel hull 82 feet or more in length, or to an outboard motor or lower drive unit. The serial number of the vessel is (number).

___________________________________________________________
(Signature of Purchaser)                                              (Date)

(c) The dealer shall prepare and maintain the following records for all sales of antifouling paints that contain tributyltin:

(1) Name and address of vessel owner;

(2) Name and certificate or license number of the certified commercial applicator and location of vessel where application is to be made;

(3) Date of sale;

(4) Quantity sold; and

(5) A copy of the vessel registration or sworn statement verifying the vessel length, vessel hull composition requirements, or intended use on an outboard motor or lower drive unit and registration number. If no registration number exists, the vessel serial number shall be included.

(d) The dealer shall maintain the records specified in (c) in a separate log of sales for two years, and the records shall be readily accessible to the director and the commissioner upon request.

NOTE: Authority cited: Sections 12111 and 14005, Food and Agricultural Code.

Reference: Sections 11501 and 14006, Food and Agricultural Code.

6576. Sales Limitation of Clopyralid.

Prior to sale of a pesticide containing the active ingredient clopyralid for which use restrictions have been established in section 6950, the licensed pest control dealer shall obtain and retain for two years a signed statement from a licensed or certified qualified applicator in substantially the following form:

I, _____________(print name of purchaser)_____________, certify that my employees or I will not apply any product containing clopyralid to a residential lawn, and will only apply clopyralid to sites where I can assure the collected grass clippings will remain on the property.

Name of Product: __________________________________ EPA Reg. No.: _______________

Under penalty of perjury, the foregoing statement is true and my employees or I will not apply any pesticide containing the active ingredient clopyralid for lawn and turf uses as defined in Food and Agricultural Code section 13190(e) except in accordance with the listed applicator responsibility requirements.

___________________________ ____________________ _______ _____________

Signature of Qualified Applicator License or Certificate No. Category Expiration Date

__________________

NOTE: Authority cited: Sections 11456, 12111, 12781, 12976, and 14102, Food and Agricultural Code. Reference: Sections 12824, 13191, and 13192, Food and Agricultural Code.

6577. Sales of Nonfumigants for Use in the San Joaquin Valley Ozone Nonattainment Area.

(a) When sale of a high-volatile organic compound (VOC) nonfumigant product with agricultural uses, specified in the Annual Volatile Organic Compound Emissions Inventory Report required in section 6881, is made to or for the operator of the property with an operator identification number issued by a county agricultural commissioner in the San Joaquin Valley ozone nonattainment area, the licensed pest control dealer shall provide the following VOC information, in writing, at time of purchase or delivery:

(b) In addition to the requirements in section 6562, each licensed pest control dealer shall indicate on the invoice that the information required in (a) was provided.

NOTE: Authority cited: Sections 11456 and 12111, Food and Agricultural Code. Reference: Section 11501, Food and Agricultural Code.

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