12841-12847

FOOD AND AGRICULTURAL CODE
SECTION 12841-12847




12841.  (a) It is unlawful for a person to sell for use in this
state any pesticide products that have been registered by the
director for which the mill assessment established by this article,
and the regulations adopted pursuant to it, is not paid at the times
specified in Section 12843.
   (b) Except as provided in subdivision (d), every person who sells
for use in this state a pesticide product that has been registered by
the director shall pay to the director the applicable assessment.
Those sales expressly include all sales made electronically,
telephonically, or by any other means that result in a pesticide
product being shipped to or used in this state. There is a rebuttable
presumption that pesticide products that are sold or distributed
into or within this state by any person are sold or distributed for
use in this state.
   (c) (1) Upon application of a registrant, the director shall
determine whether a fertilizer or paper product is used as a carrier
for a pesticide, and is sold in combination, and whether the mill
assessment under this article shall be on the pesticide value only,
when the product is designed, developed, and manufactured, and sold
primarily for other than a pesticide use. If the director finds that
the combination product has such a major component and is designed,
developed, manufactured, and sold primarily for other than a
pesticide use, the assessment provided by this article shall be paid
on the equivalent percentage of the sales price of the active
ingredients of the pesticide product. The director shall establish
this percentage of the sales price. The percentage shall be the ratio
of that portion of the sales price attributable to the pesticide
portion to the total sales price of the combination product.
   (2) For purposes of this section, "active ingredient" means any
active ingredient that is required to be stated on the label on any
registered pesticide under Section 12883.
   (d) Assessments provided for in this article for sales of
registered pesticides that are sold for use in this state shall be
paid by the registrant except as follows:
   (1) In those cases where the registrant did not first sell the
pesticide into or within this state or have actual knowledge, at the
time of its sale, that the pesticide would be sold for use in this
state, the assessment shall be paid by the licensed pesticide broker,
licensed pest control dealer, or other person who first sold the
pesticide for use in this state.
   (2) A person is not required to pay an assessment on registered
products that are labeled only for use in further manufacturing or
formulating of pesticides.
   (e) It has been and continues to be the intent of the Legislature
that this division requires the department to register all pesticides
prior to their sale for use in this state and, except as otherwise
provided by law, requires the department to regulate and control the
use of pesticides in accordance with this division. Except as
provided in Section 12841.1, the department shall continue to collect
the assessment as provided in this article at the same rate on all
registered agricultural and registered nonagricultural pesticides.
   (f) (1) The mill assessment shall be paid at the following rates
per dollar of sales for all sales of pesticides for use in this
state:
   (A) From January 1, 1998, to March 31, 1999, inclusive, the rate
shall be 15.15 mills ($0.01515) plus any additional assessment
authorized by Section 12841.1.
   (B) From April 1, 1999, to December 31, 2002, inclusive, the rate
shall be 17.5 mills ($0.0175) plus any additional assessment
authorized by Section 12841.1.
   (C) From January 1, 2003, to December 31, 2003, inclusive, the
rate shall be 17.5 mills ($0.0175).
   (D) For all transactions on or after January 1, 2004, the actual
rate shall be that set by regulations adopted by the director at a
rate adequate to support the department's annual expenditures
authorized in the annual Budget Act and provide a prudent reserve.
The rate set by the director shall be no greater than 21 mills
($0.021). However, if regulations are not adopted before a payment is
due, payment shall be made at the rate of 17.5 mills ($0.0175), and,
upon adoption of regulations, payment of any additional amount due
shall be made.
   (2) The regulations adopted pursuant to this section, or any
amendment thereto, shall be adopted by the director in accordance
with Chapter 3.5 (commencing with Section 11340) of Part 1 of
Division 3 of Title 2 of the Government Code. However, the adoption,
amendment, readoption, or repeal of these regulations shall be
considered by the Office of Administrative Law as an emergency, and
necessary for the immediate preservation of the public peace, health,
safety, and general welfare. Notwithstanding any other provision of
law, the regulations shall remain in effect until amended by the
director. The director shall make available to the public, upon the
adoption of an emergency regulation establishing a new rate, the
information upon which the director has calculated, based, or
determined the new rate.
   (g) The revenue collected pursuant to this section shall be
deposited in the Department of Pesticide Regulation Fund and
distributed as follows:
   (1) Notwithstanding Sections 2282 and 12784, the director shall
pay, in accordance with the criteria set forth in Section 12844, the
following amounts to the counties as reimbursement for costs incurred
by the counties in the administration and enforcement of Division 6
(commencing with Section 11401), this chapter, Chapter 3 (commencing
with Section 14001), Chapter 3.4 (commencing with Section 14090), and
Chapter 3.5 (commencing with Section 14101):
   (A) From January 1, 1998, to March 31, 1998, inclusive,
five-eighths of the money received during that period pursuant to
this section.
   (B) From April 1, 1998 to June 30, 2004, an amount equal to the
revenue derived from 6 mills ($0.006) per dollar of sales for all
pesticide sales for use in this state.
   (C) Beginning July 1, 2004, an amount equal to the revenue derived
from 7.6 mills ($0.0076) per dollar of sales for all pesticide sales
for use in this state.
   (2) All funds not otherwise distributed pursuant to this
subdivision shall remain in the Department of Pesticide Regulation
Fund and shall be available for expenditure, upon appropriation, to
support the department's operations.



12841.1.  (a) The director may collect an assessment, in addition to
the mill assessment collected pursuant to Section 12841, for all
pesticide sales for use in this state except for sales for use in
this state of pesticides labeled solely for home, industrial, or
institutional use. The director may only collect up to an additional
three-fourths mill ($0.00075) per dollar of sales, in addition to the
rate established pursuant to Section 12841, if necessary to fund, or
augment the funding for, an appropriation to the Department of Food
and Agriculture to provide pesticide consultation to the department
pursuant to Section 11454.2. The necessity of this additional
assessment shall be determined by the Secretary of Food and
Agriculture, in consultation with the director, on an annual basis
after consideration of all other revenue sources, including any
reserves, which may be appropriated for this purpose. The secretary's
written determination, including a request for a specified
additional assessment and the basis for that request, shall be
provided to the director by a time and in a manner prescribed by the
director.
   (b) The revenue collected pursuant to this section shall be
deposited monthly in a separate account in the Department of Food and
Agriculture Fund. These revenues shall be expended only by the
Department of Food and Agriculture, upon appropriation, to provide
consultation to the department pursuant to Section 11454.2. No funds
may be expended prior to the execution of a memorandum of
understanding pursuant to subdivision (b) of Section 11454.2. The
consultation activities to be undertaken by the Department of Food
and Agriculture are limited solely to those specifically authorized
in the memorandum of understanding executed pursuant to Section
11454.2. These funds may not be expended for scientific risk
assessment activities. The department shall be reimbursed from the
Department of Food and Agriculture Fund for the department's revenue
collection activities. If the director determines that a person is
entitled to a refund of mill assessment funds that were collected
pursuant to this section, the director shall inform the Secretary of
Food and Agriculture of the amount of the refund due, which shall be
reimbursed from the Department of Food and Agriculture Fund.



12841.2.  (a) The Department of Pesticide Regulation shall create a
program to conduct outreach and education activities for worker
safety, environmental safety, school safety, and proper pesticide
handling and use, to include, but not be limited to, the following
issues and criteria:
   (1) The program shall encompass all communities, including urban,
rural, and suburban communities.
   (2) All potential exposure opportunities, including household,
industrial, and agricultural uses.
   (3) Rights and procedures of workers and those potentially exposed
to pesticides and how to file confidential complaints.
   (b) The program shall be conducted in accordance with the
department's environmental justice guidelines.
   (c) The director shall appoint an advisory committee of interested
stakeholders to provide input on the development and implementation
of the program.
   (d) This program shall compliment and not replace other outreach
efforts currently in place not dealing with the issues addressed
within this program.


12841.3.  (a) Notwithstanding Sections 2282, 12784, and 12841, the
director shall pay from the revenue collected from the mill
assessment in the Department of Pesticide Regulation Fund an amount
not to exceed the revenue derived from 0.5 mill ($0.0005) per dollar
of sales for all pesticide sales for use in this state to counties in
nonattainment areas to assist those counties in the administration
and enforcement of restrictions on the use of field fumigants
pursuant to Chapter 3 (commencing with Section 14001) and the
regulations issued pursuant to it. These funds shall be in addition
to the funds distributed pursuant to Section 12841 and shall be
distributed to the counties in accordance with the criteria set forth
in subdivisions (c) and (d).
   (b) As used in this section, "nonattainment area" means an area
designated in Section 81.305 of Title 40 of the Code of Federal
Regulations for the purpose of air quality planning within the chart
titled "California - Ozone (1-Hour Standard)."
   (c) The funds available for payment pursuant to subdivision (a)
shall be apportioned based on the following criteria:
   (1) A minimum of fifty thousand dollars ($50,000) shall be
apportioned to each county in a nonattainment area.
   (2) The remaining amount shall be apportioned to the counties
based on fumigant related workload, which may include, but is not
limited to, both of the following:
   (3) The number of restricted use material permits issued for
fumigants.
   (4) The number of field fumigant applications in each county to
the total for all counties within all nonattainment areas during the
previous fiscal year.
   (d) Only counties within a nonattainment area for which the
Department of Pesticide Regulation has established a fumigant
emission limit pursuant to Chapter 3 (commencing with Section 14001),
and the regulations issued pursuant to it, in the current or the
previous fiscal year shall receive payment of the amount apportioned
pursuant to the criteria set forth in subdivision (c).



12841.4.  (a) Every registrant of any production agricultural- or
structural-use pesticide product sold for use in this state that is
packaged in rigid, nonrefillable, high-density polyethylene (HDPE)
containers of 55 gallons or less shall establish a recycling program,
or demonstrate participation in a recycling program to ensure HDPE
containers are recycled. Container recycling must comply with the
American National Standards Institute American Society of Agriculture
and Biological Engineers Standard S596, entitled Recycling Plastic
Containers from Pesticides and Pesticide-Related Products, as
published in February 2006. The records required by these standards
shall be maintained for three years and shall be subject to audit by
the director.
   (b) Any registrant who is required to establish or participate in
a recycling program pursuant to this section shall provide to the
director, at least annually, a document certifying that this
requirement has been met.
   (c) (1) The director may adopt regulations to carry out the
purposes of this section. Upon a federal pesticide container
recycling program being adopted, the director may adopt regulations
to conform to the federal program.
   (2) It is the intent of the Legislature in enacting this section
that any regulatory standards adopted by the department shall be at
least as stringent as those standards referred to in subdivision (a).
   (d) Commencing September 1, 2010, the department shall estimate a
recycling rate for pesticide containers and propose suggestions for
program improvements and post this information annually on its
Internet Web site.



12842.  Every person who sells for use in this state any pesticide
products that have been registered by the director shall maintain in
this state, or with the director's permission at another location, an
accurate record of all transactions subject to assessment for four
years. The records are subject to audit by the director and shall
clearly demonstrate proof of payment of all applicable assessments
for each registered pesticide product sold for use in this state.



12843.  The payments required by this article, together with a
return in a form prescribed by the director, shall be made quarterly
one calendar month after March 31, June 30, September 30, and
December 31 of each year. For any delinquency in making a return, or
any deficiency in payment, the director shall add to the delinquent
payment a penalty of 10 percent of the amount that is due.



12844.  The director and the county agricultural commissioners shall
jointly develop regulations specifying the criteria to be used in
allocating pesticide mill assessment funds to the counties based upon
each county's pest control activities, costs, workload, and
performance. After providing public notice, the director shall adopt
those regulations. The criteria to be used in allocating the funds to
counties shall include, but not be limited to, all of the following:
   (a) The effectiveness of the pesticide use enforcement program in
each county.
   (b) The number, comprehensiveness, and effectiveness of pest
control inspections performed in each county.
   (c) The number of licensed pest control dealers located in each
county. The number of licensed agricultural pest control advisers,
pest control businesses, and pest control aircraft pilots registered
in each county. The number of structural pest control operators
providing notice of work to each county.
   (d) The work hours expended in each county by county personnel who
are licensed, or working under the supervision of county personnel
licensed, in pesticide regulation or environmental monitoring and
investigation.
   (e) The total amount of dollars expended by each county relating
to pesticide regulatory activities.
   (f) The total number of private applicator certificate holders in
each county.
   (g) The total pounds of pesticides reported used in each county.




12844.5.  Notwithstanding Section 12784, the funds paid to the
counties under Section 12844 shall also be considered as
reimbursement for costs incurred by the counties in the
administration and enforcement of Chapter 7 (commencing with Section
15201).



12845.  (a) The director may adopt regulations that require persons
subject to this article to provide information determined by the
director to be necessary to enable the director to perform the audit
authorized pursuant to Section 12842 and to carry out other powers or
duties under this division.
   (b) The regulations adopted pursuant to this section may include,
but are not limited to, a requirement that a person subject to this
article provide the director with information on the quarterly dollar
sales of each registered pesticide sold for use in this state and
the quarterly volume of each registered pesticide sold for use in
this state.



12847.  Sales invoices for pesticides first sold into or within this
state by a registrant, pesticide broker, pest control dealer, or
other person subject to this article shall show that the assessment
specified in Sections 12841 and 12841.1 will be paid by the
registrant, broker, dealer, or person, respectively. All other sales
invoices for pesticides sold into or within this state, except retail
sales of those nonagricultural pesticides labeled only for home,
industrial, or institutional use shall show as a comment on the
invoice that the assessment will be paid, and may show an amount or
rate that represents the assessment. However, only the person who
actually will pay the assessment may show the amount or rate of the
assessment as a line item on the sales invoice.