Article 4 - Registration

California Food and Agricultural Code — §§ 12811-12840

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Sections (33)

Amended by Stats. 1996, Ch. 361, Sec. 34. Effective January 1, 1997.

Every manufacturer of, importer of, or dealer in any pesticide, except a person that sells any raw material to a manufacturer of any pesticide or a dealer or agent that sells any pesticide that has been registered by the manufacturer or wholesaler, shall obtain a certificate of registration from the department before the pesticide is offered for sale.

§ 12811.2

Amended by Stats. 2025, Ch. 67, Sec. 76. (AB 1170) Effective January 1, 2026.

(a)On or before May 1, 2025, and annually thereafter, until May 2, 2028, the department shall annually report the average processing times to review and evaluate, and issue final decisions on, applications to register new pesticide products or amend existing pesticide product registrations for the prior calendar year, and post this information on its internet website. The report shall include the number of days, on average, that it took to complete an application and the number of days, on average, that an application spent in intake and in each stage of scientific evaluation.

(b)On or before May 1, 2029, and annually thereafter, the department shall report the average processing times for the applications described in subdivision (a) for the prior calendar year

and post this information on its internet website. This information shall include all of the following:

(1)The number of applications by registration category that were completed within the timeframes specified pursuant to subdivision (a) of Section 12839. This number shall be reported based on nonagricultural, agricultural, and dual use products.

(2)The number of applications that exceeded the timeframes specified in each of subdivision (a), (d), or (e) of Section 12839. This number shall be reported for each respective subdivision based on nonagricultural, agricultural, and dual use products.

(3)The number of days applications spent, on average, in intake and at each stage of scientific evaluation.

§ 12811.5

Amended by Stats. 2024, Ch. 60, Sec. 10. (AB 2113) Effective July 2, 2024.

The director may rely on any evaluations of previously submitted data to determine whether to accept an application for registration of a new pesticide product, an amendment to the registration of a registered pesticide product, or to maintain the registration of a registered pesticide product regardless of the ownership of the data previously evaluated, if the previously submitted data fulfills current data requirements. However, effective January 1, 2006, applicants will be subject to the following provisions:

(a)(1) If an applicant for registration of a pesticide product, or an amendment to the registration of a registered pesticide product, including

a registrant that desires to maintain its registration of a

registered pesticide product after the director makes a formal request for additional data pursuant to reevaluation or Section 12824, does not submit its own data to fulfill a current data requirement imposed by the director and relies on data that the applicant does not own or have written permission to rely on that was submitted to the director by another entity after January 1, 1991, and meets the three criteria set forth in this subdivision, the applicant shall either:

(A) obtain written permission from the data owner to rely on the data; (B) formulate or obtain its product from a source that has data authorization from the data owner, or a source that complies with subdivision (c); or (C) if the data meets the criteria set forth in subparagraphs (A), (B), and (C) of paragraph (2), irrevocably offer to pay the data owner a share of the cost of producing the data and comply with

subdivision (d). The director may rely on data submitted before January 1, 1991, or that does not meet the criteria set forth in subparagraphs (A), (B), and (C) of paragraph (2) to support any application or comply with any formal reevaluation request for additional data, without permission from the data owner. An offer to pay, and a payment pursuant to that offer, shall only be required as to data not submitted by the applicant that meets the criteria set forth in subparagraphs (A), (B), and (C) of paragraph (2).

(2)To be eligible for cost sharing pursuant to this subdivision, the data shall meet all of the following requirements:

(A)The data was required by the director in order to obtain, amend, or maintain the data owner’s California registration or registrations for uses

covered by the application, amendment, or formal request for additional data pursuant to reevaluation or Section 12824.

(B)There has been no arbitration award, data compensation, or data cost-sharing agreement pertaining to data supporting the product at the federal level pursuant to Section 3(c)(1)(F)(iii) or 3(c)(2)(B) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. Sec. 136a(c)(1)(F)(iii) or 136a(c)(2)(B)), or, if an award or agreement exists, the use of data in California was excluded from compensation or cost sharing on its face.

(C)The data that fulfills a current requirement was submitted to the United States Environmental Protection Agency or the department no more than 15 years before the date of the applicant’s California registration,

application, or amendment or the formal reevaluation request for additional data to which the registrant’s reliance responds, provided that as to data submitted to the department as of August 1, 2005, in support of the first registration of a product, the applicable period shall be 17 years from the date of submission to the United States Environmental Protection Agency.

(b)If the director previously imposed a specific documented data requirement after January 1, 1991, to obtain, amend, or maintain the California registration of a pesticide product substantially similar to the applicant’s product and that data requirement is not currently imposed in California for registration, amendment, or maintenance of the applicant’s product, the applicant is further obligated to submit data to meet the requirement, obtain written permission

from an owner of the data to rely on the data, formulate or obtain its product from a source that has authorization from the data owner to rely on the data or from a source that complies with subdivision (c), or, if the data meets the criteria set forth in paragraphs (1), (2), and (3), irrevocably offer to pay the data owner a share in the cost of producing the data and comply with subdivision (c). An offer to pay, and a payment pursuant to that offer, shall only be required as to data not submitted by the applicant that meets the criteria set forth in paragraphs (1), (2), and (3). To be eligible for cost sharing pursuant to this subdivision, the data shall meet all of the following requirements:

(1)The data met a specific, documented requirement of the director to obtain, amend, or maintain the California registration of the data

owner’s pesticide product for a use covered by the applicant’s application or amendment.

(2)There has been no arbitration award, data compensation, or data cost-sharing agreement pertaining to data supporting the product at the federal level pursuant to Section 3(c)(1)(F)(iii) or 3(c)(2)(B) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. Sec. 136a(c)(1)(F)(iii) or 136a(c)(2)(B)), or, if an award or agreement exists, the use of the data in California was excluded from compensation or cost sharing on its face.

(3)The data was submitted to the United States Environmental Protection Agency or Department of Pesticide Regulation by the data owner after January 1, 1991, and no more than 15 years before the date of the applicant’s California application for registration or

amendment or the response to a formal specific document data requirement to which the registrant’s reliance responds, provided that as to data submitted to the department as of August 1, 2005, in support of the first registration of a product, the applicable period shall be 17 years from the date of submission to the United States Environmental Protection Agency.

(c)An applicant may formulate its product from a source that does not have data authorization if that source has submitted data to support the product or makes or has made an irrevocable offer to pay the data owner a share of the cost of producing the data required pursuant to subdivision (a) or (b) for the applicant’s product and complies with or has made payment in accordance with subdivision (d). If the source has already reached a data compensation or cost-sharing agreement

or there has been an arbitration award under the Federal Insecticide, Fungicide, and Rodenticide Act (commencing with 7 U.S.C. Sec. 136) that excludes the right to rely on the data to satisfy the California requirement on its face, the source shall make or have made a new irrevocable offer to pay a share of the cost of producing that data to support the applicant’s product in California and comply with subdivision (d).

(d)(1) If an applicant is required to offer to pay a share in the cost of producing the data pursuant to subdivision (a) or (b), or if a source of product makes an offer pursuant to subdivision (c), the applicant or source shall submit to the data owner upon application to the department an irrevocable offer to pay the data owner a share in the cost of producing the data and to comply with regulations promulgated

under this subdivision to determine the amount and terms, if the parties cannot agree. If a data owner for which cost sharing is required under subdivision (a) or (b) cannot be identified from information readily available to the applicant, the applicant’s obligation under subdivision (a) or (b) will be absolved if the data owner does not identify themselves to the applicant within 12 months after registration of the pesticide product. If within 12 months of registration, the data owner identifies themselves to the applicant and the applicant has not already made an irrevocable offer to pay to the data owner, or the applicant’s source of product has not made an offer pursuant to subdivision (c), the applicant shall do so promptly. In either event, the specific terms and amount of payments to be made shall be fixed by agreement between the applicant and the data owner, but determination of those amounts and

terms shall not delay approval of the applicant’s application.

(2)If agreement cannot be reached about the terms and amount of payment required by this section at any time more than 90 days after issuance of an irrevocable offer to pay, either the applicant, source, or data owner may initiate, or with the consent of all parties, join a proceeding under the Federal Insecticide, Fungicide, and Rodenticide Act (commencing with 7 U.S.C. Sec. 136), pursuant to regulations promulgated by the director pursuant to this section. The purpose of this proceeding shall be to determine the amount due under this section. The director shall promulgate those regulations as emergency regulations within 60 days of the enactment of the bill that enacts this section. The regulations shall provide all of the following:

(A)Allow the proceeding authorized by this subdivision, upon mutual agreement of the parties, to be consolidated with dispute resolution under the Federal Insecticide, Fungicide, and Rodenticide Act (commencing with 7 U.S.C. Sec. 136).

(B)Require that the decisionmaker consider, among other factors, that the data owner’s exclusive right to sell the pesticide resulted in the data owner recovering all or part of the costs of generating the data.

(C)Require that the parties to the proceeding share equally in the payment of the expenses thereof.

(e)If a data owner fails to participate in a procedure for reaching an agreement or in a proceeding as required by subdivision (d), or fails to comply with the terms of

an agreement or decision conducted under subdivision (d), then that data owner forfeits their right to cost recovery as a result of the use of the data at issue.

(f)If the director finds that an applicant has failed to make an offer to pay as required under subdivision (a) or (b), or if its source of product has failed to make an offer pursuant to subdivision (c), or if an applicant or its source of product has failed to participate in a proceeding for reaching an agreement, has refused to participate in a proceeding pursuant to subdivision (d), or has failed to comply with an agreement or to comply with an order, or to pay an award resulting from that proceeding, the director shall cancel the registration of the pesticide product in support of which the data was used in accordance with subdivision (g), notwithstanding Section 12825.

(g)If the applicant subject to subdivision (a) or (b) fails to comply with this article, the data owner shall notify the director of the specific provision of noncompliance and provide proof of notification to the applicant of its claim of noncompliance. All parties shall have 30 days from the date of receipt of notification by the director to submit written evidence or arguments to the

director regarding the claim and any defenses thereto. The director shall provide a written finding within 60 days of the deadline for submission as to the claim and the resulting consequences.

(h)A hearing or live testimony shall not be conducted under subdivision (g) and this proceeding shall not be used as mechanism to prevent or delay the registration or payment for cost sharing as determined by this article. The finding of the director shall be final and conclusive, except that any party aggrieved by such a finding may seek review within 30 days of the finding pursuant to Section 1094.5 of the Code of Civil Procedure.

(i)In lieu of seeking a determination by the director and cancellation of the registration pursuant to subdivision (f), the data owner may bring an

action in any California court of competent jurisdiction against the applicant to enforce the obligations of that party set forth in this section.

(j)Cost sharing as provided in subdivisions (a), (b), and (c) shall not be required to support an application for annual renewal of a pesticide product registration, provided this provision shall not authorize renewal of a product registered before the effective date of this section if that registration is declared to have been unlawfully issued by a court of competent jurisdiction.

(k)The Department of Pesticide Regulation shall make available in the public domain its index of data submitted in support of registration applications, the ownership of that data, and the date it was submitted to

California.

§ 12812

Amended by Stats. 2024, Ch. 60, Sec. 11. (AB 2113) Effective July 2, 2024.

(a)The director shall establish, by regulation, fees for the department’s registration program, as established pursuant to this division. The fees shall include, but are not limited to, the following:

(1)Annual fees for each product submitted for registration.

(2)Penalties for the late payment of registration fees.

(3)Fees for amendments to registered products.

(b)The fees established pursuant to this section may include costs for administration and overhead in

connection with administering the fees.

(c)The fees established pursuant to this section shall be set so that the total revenue collected each fiscal year is sufficient to support the expenditure levels for the registration program contained in the annual Budget Act.

(d)Funds collected pursuant to this section shall be deposited into the Department of Pesticide Regulation Fund, and shall be available for expenditure by the department, upon appropriation by the Legislature, for purposes of carrying out the department’s pesticide registration program, as established pursuant to this division.

(e)The regulations adopted pursuant to this section, or any amendment or readoption 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 law, the regulations shall remain in effect until amended by the director.

(f)On or before January 31 of each year, if the department determines that it might increase the fees established pursuant to this section during the calendar year, the department shall post the determination on its internet website and send the determination through any of its relevant, registration-related email lists.

§ 12814

Amended by Stats. 1996, Ch. 361, Sec. 35. Effective January 1, 1997.

Any county, state, or federal officer or employee who sells any pesticide at cost is not required to pay any fee that is imposed by this chapter.

§ 12815

Amended by Stats. 1997, Ch. 17, Sec. 43. Effective January 1, 1998.

If a manufacturer, importer, or dealer in pesticides that applies for registration of pesticides has complied with this chapter and the regulations that are adopted pursuant to it, the director shall register each pesticide that is sought to be registered and issue a certificate of registration to the applicant that authorizes the manufacture and sale of the pesticide in this state.

§ 12816

Amended by Stats. 1984, Ch. 717, Sec. 7.

If the director finds that registration cannot be permitted due to noncompliance with this chapter or the regulations which are adopted pursuant to it, he or she may, after reasonable notice, call a hearing for the purpose of determining whether the application shall be reconsidered or denied.

§ 12817

Amended by Stats. 1984, Ch. 717, Sec. 8.

Every registration expires on December 31st of each year except when renewal is applied for within one month thereafter in the manner which is provided for registration.

§ 12818

Amended by Stats. 2003, Ch. 741, Sec. 64. Effective January 1, 2004.

If renewal is not applied for within one calendar month after the expiration of a registration, a penalty as prescribed by the director pursuant to Section 12812 shall be added to the registration fee.

§ 12819

Amended by Stats. 1984, Ch. 717, Sec. 10.

A penalty shall not be collected if the person that makes application for renewal of registration makes an affidavit that no business was done during the period of nonregistration.

§ 12820

Enacted by Stats. 1967, Ch. 15.

The payment of any renewal fee or penalty is not a bar to any prosecution for doing business without proper registry.

§ 12821

Amended by Stats. 1996, Ch. 361, Sec. 37. Effective January 1, 1997.

Each applicant for a certificate of registration shall also file a statement of every brand, trademark, and kind of pesticide that the applicant intends to manufacture or sell, the correct name and percentage of each active ingredient in the pesticide, and the total percentage of inert ingredients that are contained in the pesticide. The director, whenever he or she deems it necessary for the effective administration of this chapter, may require the submission of the complete formula for the pesticide.

§ 12822

Amended by Stats. 1996, Ch. 361, Sec. 38. Effective January 1, 1997.

A supplemental application for registration of any additional pesticide may be submitted at any time without payment of the penalty required by Section 12818.

§ 12823

Amended by Stats. 1996, Ch. 361, Sec. 39. Effective January 1, 1997.

A change in the name or percentage, or both, of an inert ingredient is not a change in composition of the pesticide that requires a new registration unless the change in inert material results in a change in the use or application of the pesticide.

§ 12824

Amended by Stats. 2024, Ch. 60, Sec. 12. (AB 2113) Effective July 2, 2024.

(a)The director shall endeavor to eliminate from use in the state any pesticide that endangers the agricultural or nonagricultural environment, is not beneficial for the purposes for which it is sold, or is misrepresented. In carrying out this responsibility, the director shall develop an orderly program for the continuous evaluation of all pesticides actually registered.

(b)Before a substance is registered as a pesticide for the first time, there shall be a thorough and timely evaluation in accordance with this section. Appropriate restrictions may be placed on its use, including, but not limited to, limitations on quantity, area, and manner of application. All pesticides for which renewal of registration is sought also shall be evaluated in accordance with this section.

(c)The director may establish specific criteria to evaluate a pesticide with regard to the factors listed in Section 12825. The department may establish performance standards and tests that are to be conducted or financed, or both conducted and financed, by the registrants, applicants for registration, or parties interested in the registration of those pesticides.

(d)Each pesticide registrant or applicant shall, upon request of the director, submit any data determined by the director to be necessary to carry out this section.

§ 12824.5

Added by Stats. 2024, Ch. 60, Sec. 13. (AB 2113) Effective July 2, 2024.

(a)(1) On or before July 1, 2025, and annually thereafter, until July 2, 2029, the department shall annually identify and initiate the reevaluation of potential adverse effects of at least one pesticide in addition to those already under reevaluation.

(2)On or before July 1, 2029, and each year thereafter, the department shall annually identify and initiate the reevaluation of potential adverse effects of at least two pesticides in addition to those already under reevaluation.

(b)(1) If the department identifies potential adverse effects of a pesticide pursuant to subdivision (a), the department shall adopt any necessary

mitigation measures within 24 months.

(2)If the department is unable to adopt mitigation measures within 24 months, the director shall set forth the reasons this requirement has not been met in the report described in subdivision (c), and include an updated projected timeline for adopting mitigation measures, which shall not exceed an additional 6 months.

(c)The department shall annually report on, and post on its internet website, its actions to identify and evaluate potential adverse effects of pesticides, and to develop mitigation measures to address those effects. The report and internet website posting shall include, but not be limited to, a list of pesticides under risk assessment, reevaluation, or mitigation development, and shall provide the current status and projected timelines associated with each of those actions and all other applicable reporting requirements in

this chapter.

(d)The department, on or before July 1, 2026, shall identify actions to improve the efficiency of its internal processes for reevaluating pesticides. The goal of these actions shall be to complete new reevaluations within five years of their initiation. If the department identifies any regulatory or statutory changes that would improve the efficiency of the reevaluation process, the director shall notify the respective policy and fiscal committees of the Legislature of those changes on or before July 1, 2026.

(e)The department, on or before January 1, 2025, shall post on its internet website an estimated completion time for the pesticides that the department has under reevaluation as of January 1, 2024.

§ 12825

Amended by Stats. 2024, Ch. 60, Sec. 14. (AB 2113) Effective July 2, 2024.

(a)Pursuant to Section 12824, the director, after a hearing, may cancel the registration of, or refuse to register, a pesticide if any of the following conditions apply:

(1)The pesticide has significant adverse environmental effects for which there is no feasible mitigation available.

(2)The use of the pesticide is of less public value or greater detriment to the environment than the benefit received by its use.

(3)There is a reasonable, effective, and practicable alternate material or procedure for the pesticide that is demonstrably

less destructive to the environment.

(4)The pesticide, when properly used, is detrimental to vegetation, except weeds, to domestic animals, or to the public health and safety.

(5)The pesticide is of little or no value for the purpose for which it is intended.

(6)The registrant or their agent makes or implies a false or misleading statement concerning the pesticide, either verbally or in writing, or in the form of any advertising literature, for the purpose of meeting any registration requirement under this division, or that is otherwise related in any way to the pesticide.

(7)The director determines that the registrant has failed to report an

adverse effect or risk for the pesticide as required by Section 12825.5.

(8)The director determines that the registrant has failed to comply with the requirements of a reevaluation or to submit the data required as part of the reevaluation of the registrant’s product or pursuant to Section 12824.

(9)The pesticide is required to be registered pursuant to the federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. Sec. 136 et seq.) and is not so registered.

(b)In making a determination pursuant to this section, the director may

require those practical demonstrations that are necessary to determine the facts.

§ 12825.5

Amended by Stats. 1996, Ch. 361, Sec. 42. Effective January 1, 1997.

(a)If, during the registration process or at any time after the registration of a pesticide, the registrant has factual or scientific evidence of any adverse effect or risk of the pesticide to human health, livestock, crops, or the environment that has not been previously submitted to the department, the registrant shall submit the evidence to the director in a timely manner. All such information, including, but not limited to, that information required under Section 6 (a) (2) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. Sec. 136d (a) (2)), shall be submitted to the director.

(b)The director may adopt regulations that are reasonably necessary to carry out this section.

§ 12826

Amended by Stats. 1996, Ch. 361, Sec. 43. Effective January 1, 1997.

If the director has reason to believe that any of the conditions stated in Section 12825 are applicable to any registered pesticide and that the use or continued use of that pesticide constitutes an immediate substantial danger to persons or to the environment, the director, after notice to the registrant, may suspend the registration of that pesticide pending a hearing and final decision. If an accusation pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code is not filed within 10 days from the date of the notice, the suspension shall be terminated.

§ 12827

Amended by Stats. 1996, Ch. 361, Sec. 44. Effective January 1, 1997.

The director may cancel a certificate of registration, or, refuse to issue certification to any manufacturer, importer, or dealer in any pesticide that repeatedly violates any of the provisions of this chapter or the regulations of the director.

The proceedings shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. The director has all the powers that are granted therein.

§ 12827.5