Article 1 - Generally

California Food and Agricultural Code — §§ 11901-11911

Sections (13)

§ 11901

Amended by Stats. 2017, Ch. 404, Sec. 1. (AB 527) Effective January 1, 2018.

(a)It is unlawful for any person to operate a manned aircraft in pest control unless the pilot operating the aircraft holds a valid manned pest control aircraft pilot’s certificate issued by the director and an appropriate and valid commercial pilot’s certificate and a current appropriate medical certificate issued by the Federal Aviation Administration.

(b)It is unlawful for any person to operate an unmanned aircraft system in pest control unless the pilot operating the unmanned aircraft system holds a valid

manned pest control aircraft pilot’s certificate or a valid unmanned pest control aircraft pilot’s certificate issued by the director and is certified or otherwise authorized by the Federal Aviation Administration to operate an unmanned aircraft system approved by the Federal Aviation Administration to conduct pest control.

§ 11902

Amended by Stats. 2023, Ch. 354, Sec. 1. (AB 1016) Effective January 1, 2024.

(a)Each manned pest control aircraft pilot’s certificate shall designate the manned pest control aircraft pilot’s status as a journeyman or apprentice.

(b)Each unmanned pest control aircraft pilot’s certificate shall designate the unmanned pest control aircraft pilot’s status as a journeyman, apprentice, private applicator, or vector control technician.

§ 11902.1

Added by Stats. 2023, Ch. 354, Sec. 2. (AB 1016) Effective January 1, 2024.

An individual with a private applicator unmanned pest control aircraft pilot’s certificate shall only apply pesticides for the purpose of producing an agricultural commodity on property owned, leased, or rented by the pilot or their employer.

§ 11902.5

Amended by Stats. 2023, Ch. 354, Sec. 3. (AB 1016) Effective January 1, 2024.

(a)To be eligible for an unmanned pest control aircraft pilot’s certificate under the status of vector control technician, a pilot shall be certified by the State Department of Public Health as a vector control technician in the category of mosquito control pursuant to paragraph (1) of subdivision (a) of Section 2052 of the Health and Safety Code.

(b)To be eligible for an unmanned pest control aircraft pilot’s certificate under the status of private applicator, a pilot shall submit satisfactory documentary proof demonstrating the pilot’s completion of a program accredited by the director and possession of a valid private applicator certificate.

§ 11903

Amended by Stats. 2003, Ch. 741, Sec. 51. Effective January 1, 2004.

A fee as prescribed by the director pursuant to Section 11502.5 shall accompany each application for an initial certificate.

§ 11904

Amended by Stats. 2022, Ch. 60, Sec. 7. (AB 203) Effective June 30, 2022.

Every certificate shall expire on December 31 of the last year for which it is issued. Certificates may be renewed before their expiration through application in the form prescribed by the director and upon payment of the proper fee as prescribed by the director pursuant to Section 11502.5. A penalty as prescribed by the director pursuant to Section 11502.5 shall be assessed against any applicant who applies for renewal after the expiration date.

§ 11905

Amended by Stats. 2023, Ch. 354, Sec. 4. (AB 1016) Effective January 1, 2024.

Before an initial manned or unmanned certificate is issued, the applicant for an apprentice, journeyman, private applicator, or vector control technician shall pass an examination to demonstrate to the director the applicant’s ability to legally and safely conduct pest control operations and the applicant’s knowledge of the nature and effect of materials that are used in pest control.

§ 11906

Amended by Stats. 1979, Ch. 732.

A journeyman’s certificate shall not be issued to any applicant, other than the holder of an apprentice certificate, unless such applicant has had in effect a journeyman’s certificate issued by the director within the previous two calendar years.

§ 11907

Amended by Stats. 2023, Ch. 354, Sec. 5. (AB 1016) Effective January 1, 2024.

(a)Except as provided in subdivision (b), a journeyman’s certificate shall not be issued until both of the following have occurred:

(1)The applicant has served as an apprentice under a certificate issued pursuant to this chapter for one year.

(2)The applicant presents to the director satisfactory documentary proof consisting of a declaration or affidavit by the holder of a journeyman’s certificate attesting to the applicant’s performance, under the attesting journeyman’s direct and personal supervision, of not less than 150 hours of operation of fixed-wing aircraft or 50 hours of operation of nonfixed-wing aircraft within the previous two calendar years in

pest control activities, together with any other evidence as the director may require.

(b)(1) The director may adopt regulations to establish specific requirements for obtaining an unmanned journeyman certificate.

(2)The regulations shall consider requiring that the applicant complete 50 hours of operation of nonfixed-wing aircraft, or the equivalent practical training, in pest control activities within the previous two calendar years to ensure the legal and safe application of pesticides.

§ 11908

Added by renumbering Section 11909 by Stats. 1979, Ch. 732.

Each applicant for an apprentice certificate shall satisfy the director, through documentary evidence or other suitable information, that the applicant shall conduct pest control activities only under the direct and personal supervision of a person that holds a journeyman’s certificate.

§ 11909

Added by renumbering Section 11910 by Stats. 1979, Ch. 732.

It is unlawful for the holder of an apprentice certificate to conduct pest control activities unless such activities are conducted under the direct and personal supervision of a person that holds a journeyman’s certificate.

§ 11910

Amended by Stats. 2017, Ch. 404, Sec. 5. (AB 527) Effective January 1, 2018.

(a)The director may refuse to issue a manned or unmanned pest control aircraft pilot certificate to an applicant and may revoke or suspend a manned or unmanned pest control aircraft pilot certificate after a hearing in which one or more of the following findings are made:

(1)The person is not qualified to conduct the pest control operations in accordance with the certificate.

(2)The application

or certificate is for the operation of a manned aircraft in pest control and the person does not hold an appropriate and valid commercial pilot’s certificate and a current appropriate medical certificate issued by the Federal Aviation Administration.

(3)The application or certificate is for the operation of an unmanned aircraft system in pest control and the person does not hold a certificate or other authorization issued by the Federal Aviation Administration for the operation of an unmanned aircraft

system authorized by the Federal Aviation Administration for pest control.

(4)The person has violated any provision of, or any regulation adopted pursuant to, this division or Division 7 (commencing with Section 12501) pertaining to pesticides, any regulation of a county agricultural commissioner, or any industrial safety order of the Department of Industrial Relations, or has not complied with any order of the director or commissioner as authorized by Section 11737.

(5)The person has violated any regulation or privacy guideline adopted by the Federal Aviation

Administration pertaining to the commercial operation of an unmanned aircraft system.

(b)The director may, pending a hearing, suspend or condition the certificate of any pest control aircraft pilot when, upon an investigation that the director determines to be necessary and upon the receipt of affidavits by the enforcement personnel provided in Section 11501.5 or injured parties, the director finds that continuance of the certificate endangers public welfare or safety. The director may terminate the suspension or condition upon the taking of corrective action that the director determines to be satisfactory to ensure qualification or compliance with the law or regulations. In that event, the matter may proceed to hearing as though that action had not been taken.

§ 11911

Added by renumbering Section 11913 by Stats. 1979, Ch. 732.

Notwithstanding any other provision of this article, if the holder of a certificate is called to active duty as a member of the armed forces of the United States of America, the holder, upon the termination of such active duty, is entitled to renewal of such certificate in the same category, if he does all of the following:

(a)Makes application to the director.

(b)Pays the renewal fee required by the director.

(c)Demonstrates to the director his ability to conduct pest control operations and his knowledge of the nature and effect of materials which are used in pest control.