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Subchapter 2. Program Certification. Mite
Article 1. Purpose.
6100. Purpose.
6102. Severance.
Article 2. Standards.
6110. Public Reports.
(a) When the director proposes to amend, adopt, or repeal a standard or
regulation of the pesticide regulatory program or is reviewing a county regulation Photo Courtesy of Univar
pursuant to Section 11503 of the Food and Agricultural Code, a public report
shall be prepared allowing 45 days for the public to review each proposal. The public report shall be posted on
the official bulletin boards of the department, and of each commissioner’s office, and in each District office of the
Division of Pest Management, Environmental Protection and Worker Safety for 45 days. “Standard,” as used in
this article, means pest management guidelines, restricted materials hazard chart, pesticide safety information
series, and similar documents.
(1) Each public report shall include a summary of the proposal and shall be sent to any person upon written
request. In addition, the public agencies to be consulted pursuant to Section 6252 shall be sent a copy of the
public report. The director may develop a schedule of actual cost for the reproduction of public reports to be
charged to those requesting copies.
(2) Each public report shall describe the activities of the pesticide regulatory program that will be affected by the
proposal and a summary of existing statutes related to the proposal.
(3) Each public report shall include a statement of any significant adverse environmental effect that can
reasonably be expected to occur, directly or indirectly, from implementing the proposal, and a statement of any
reasonable mitigation measures that are available to minimize significant adverse environmental impact.
(4) Each public report shall also contain a statement and discussion of reasonable alternatives which would
reduce any significant environmental impact.
(5) The availability of the public report shall be noted in any notices of any proceeding on the proposal.
(b) The evaluation of proposed changes shall follow any hearing or other consultation with the public, and the
director shall consider all applicable factors including the following in evaluating the proposal:
(1) The adequacy of the proposal in achieving the purposes of the pesticide regulatory program as provided in
Section 11501 of the Food and Agricultural Code.
(2) The consistency of the proposal with the intent and provisions of Section 21080.5 of the Public Resources
Code.
6116. Notice of Final Decision.
6118. Emergency Actions.
6122. Commissioner Consultation.
6128. Enforcement Response.
(a) The commissioner shall comply with the provisions of this section each time an incident or violation of law or
regulation related to pesticide use or any use of a fumigant occurs, to determine the appropriate enforcement
response.
(b) For purposes of this section, the following terms are defined as follows:
“Compliance action” is an action that documents that certain behavior or an act is in violation of the law or
regulations. The documentation may or may not allege the recipient committed the violation at issue. Compliance
actions do not directly impose a monetary penalty. Compliance actions include violation notice; warning letter;
documented compliance interview; or noncompliance noted on an inspection form. Compliance actions also
include public protection actions such as cease and desist orders; seize or hold product or produce orders; and
prohibit harvest orders.
"Decision report” is a written explanation and record of a commissioner decision, not to take an enforcement
“Enforcement action” is an action with the potential to impose a monetary penalty or loss of a right or privilege
initiated by a Notice of Proposed Action. Enforcement actions include administrative civil penalty; or disciplinary
action (refuse, suspend, or revoke) against a county registration, certificate, or permit.
"Incident" is an occurrence in which one or more violations are discovered. an incident may be a single
inspection or audit, a set of two or more inspections or audits related to the occurrence, or pesticide episode
investigation.
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