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PUE

Program Standards Compendium Volume 1


General Administration of the Pesticide Use Enforcement Program

Chapter 3
Licensees - State License and Certificate Requirements

Table of Contents
Section 1 Licensing Overview ..................................................................................................... 3-2 
Section 2 Agricultural Pest Control Advisers (PCAs) ................................................................. 3-5 
Section 2.1 County Registration of PCAs ............................................................................... 3-9 
Section 2.2 Interpretation of Agricultural PCA Scenarios .................................................... 3-10 
Internal Pest Control Decisions ......................................................................................... 3-15 
Section 3 Dealers, Brokers and Designated Agents – Pesticide Sales ....................................... 3-17 
Section 3.1 Pest Control Dealer Interpretation Scenarios...................................................... 3-23 
Section 4 Pest Control Business (PCB) Licensing .................................................................... 3-28 
Section 4.1 Agricultural Pest Control Business (PCB).......................................................... 3-29 
Section 4.2 Maintenance Gardener Pest Control Business (MG PCB) ................................. 3-31
Section 4.3 County Registration of PCBs and MG PCBs ..................................................... 3-33
Section 4.4 Pest Control Business Interpretation Scenarios .................................................. 3-36 
Pest Control Equipment Rental .......................................................................................... 3-44 
Mold Remediation ............................................................................................................. 3-45 
Section 5 Pest Control Aircraft Pilot ......................................................................................... 3-47 
Section 5.1 County Registration of Pest Control Aircraft Pilots ........................................... 3-50 
Section 5.2 Pest Control Aircraft Pilot interpretation Scenarios ........................................... 3-52 
Section 6 Qualified Applicator License and Qualified Applicator Certificate .......................... 3-53 
Section 6.1 QAL and QAC Categories .................................................................................. 3-57
Section 6.2 QALs/QACs and “Not for Hire” Supervision of Restricted Pesticides .............. 3-61
Section 7 Private Applicator Certificate (PAC) ......................................................................... 3-63 
Section 8 Farm Labor Contractor (FLC) ................................................................................... 3-65 
Section 8.1 FLC Interpretation Scenarios .............................................................................. 3-67 
Section 9 Structural Pest Control Licenses ................................................................................ 3-70 
Section 9.1 Structural Pest Control Business Licenses.......................................................... 3-73
Section 9.2 Structural Pest Control Individual Licenses ....................................................... 3-75
Section 10 Quick Reference Charts ........................................................................................... 3-79 

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Chapter 3: Licensees - State License and Certificate Requirements
PUE Program Standards Compendium Volume 1
General Administration of the Pesticide Use Enforcement Program

Section 1
Licensing Overview

Introduction Part of DPR’s mission is to protect human health and the environment from
the hazards of pesticides.

Part of the Structural Pest Control Board’s (SPCB) mission is to protect the
general welfare of Californians and the environment in the structural pest
management profession.

To achieve these missions, it is imperative to ensure that commercial and


non-commercial pest control activities are performed by licensed and trained
individuals:
 DPR and SPCB issue licenses and certificates to businesses and
individuals to perform pest control or sell agricultural-use pesticides.
 The County Agricultural Commissioners (CACs) issue private
applicator certificates and register certain licensees.

CACs also issue registrations to and conduct inspections on Farm Labor


Contractors (FLCs). FLC licenses are issued by the Department of Industrial
Relations’ Labor Commissioner’s Office (also known as the Division of
Labor Standard Enforcement (DLSE)). DLSE’s mission is to ensure a just
day's pay in every workplace in the State and to promote economic justice
through robust enforcement of labor laws.

Types of The type of license or certificate required is determined by the type and
licenses or circumstance of the pesticide(s) applied. Questions to ask are:
certificates  What type of work is being done?
 What is the setting/location?
 What pest is being targeted?
 Who is doing the work?

DPR issues licenses or certificates that are not for structural use to:
 Individuals who use or supervise the use of pesticides who are not
private applicators
 Businesses that apply pesticides
 Pesticide dealers and brokers
 Individuals who give advice on agricultural pest control, including
making written recommendations

Continued on next page

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Chapter 3: Licensees - State License and Certificate Requirements
PUE Program Standards Compendium Volume 1
General Administration of the Pesticide Use Enforcement Program

Licensing Overview, Continued

Types of SPCB issues licenses to:


licenses or  Structural pest control businesses
certificates,  Individuals applying pesticides to control pests invading structures
(continued)
Relative to this chapter, DLSE issues Farm Labor Contractor (FLC) licenses
to employers providing farm labor.

CACs issue:
 Private Applicator Certificates (PACs)
 County registration of many individuals and businesses licensed or
certified by DPR, SPCB and DLSE.

A description of requirements for various types of pest control activities and


settings are in this chapter.

How to obtain a Specific information for obtaining a DPR license or certificate is available
license or from the DPR Pest Management and Licensing Branch, including application
certificate forms at http://www.cdpr.ca.gov/docs/license/liccert.htm.

Specific information for obtaining a Structural pest control license or


certificate is available from the SPCB website, including application forms
for examinations at http://www.pestboard.ca.gov/howdoi/lic.shtml.

Specific information for obtaining a Farm Labor Contractor license is


available from the DLSE website, including application forms at
https://www.dir.ca.gov/DLSE/FLC_new_license.htm.

Vector control Vector Control Technicians are “certified commercial applicators” per 3 CCR
certified section 6000. Certification is done by the California Department of Public
technician Health (CDPH). For information on this certificate please see
https://www.cdph.ca.gov/Programs/CID/DCDC/Pages/Vector-Control-
Technician-Certification-Program.aspx.

Continued on next page

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Chapter 3: Licensees - State License and Certificate Requirements
PUE Program Standards Compendium Volume 1
General Administration of the Pesticide Use Enforcement Program

Licensing Overview, Continued

DPR Applications and applicable fees must be postmarked no later than the date
examination indicated on the Examination Schedule provided by DPR’s Pest Management
information and Licensing Branch.

County To conduct operations in a county, a business or individual must first register


Registrations in that county:
 County registration fees are in FAC sections 11734 for Pest Control
Businesses, 11923 for Pest Control Pilots, 12034 for Pest Control
Advisers, and LC section 1695(b) for Farm Labor Contractors.
 County registration fees for Structural Pest Control Businesses are in
FAC sections 15204 and 15204.5.
 Refusal, revocation, or suspension of the county registration of the
respective licenses can be found in FAC sections 11735 (Pest Control
Operators), 11924 (Pilots), and 12035 (Pest Control Advisers).

There is no statutory authority requiring or allowing a CAC to condition


registrations for a Pest Control Business, Pest Control Adviser, Pest Control
Aircraft Pilot, or a Structural Pest Control Business.

Who to contact For questions about an agricultural pest control license or certificate, contact
DPR’s Pest Management and Licensing Branch’s Licensing Program at:
Department of Pesticide Regulation
1001 I Street, P.O. Box 4015
Sacramento, California 95814-2828
(916) 445-4038 / Fax (916) 445-4033

For questions about a structural pest control license, contact the SPCB at:
Structural Pest Control Board
2005 Evergreen Street, Suite 1500
Sacramento, California 95815
(916) 561-8704 / Fax (916) 263-2469

For questions about a Farm Labor Contractor license, send an email to


[email protected] .

For questions about a county registration issue, contact the applicable local
County Agricultural Commissioner office:
https://www.cdfa.ca.gov/exec/county/countymap/.

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Chapter 3: Licensees - State License and Certificate Requirements
PUE Program Standards Compendium Volume 1
General Administration of the Pesticide Use Enforcement Program

Section 2
Agricultural Pest Control Advisers (PCAs)

Who needs the Any individual who offers a recommendation on any agricultural use, who
agricultural holds himself/herself forth as an authority on any agricultural use, or who
PCA License solicits services or sales for any agricultural use. (FAC sections 11410, 11411
and 12001)

For a discussion of “agricultural use,” see Compendium Volume 8, Section


1.1, Agricultural and Non-Agricultural Pest Control Use.

See the next page for PCA licensing exemptions and see Section 2.2 for
examples of situations when licensing as a PCA is required

Duties of a PCA Interprets FAC section 11410

Whether an individual’s activities amount to acting as a Pest Control Adviser


and thereby triggering licensing requirements must be judged using the
definition of “agricultural use” in FAC section 11408 and the three criteria
described in FAC section 11410. These criteria are:
1. Offer (to a third party) a recommendation on agricultural use.
2. Hold oneself forth (to a third party) as an authority on agricultural use.
3. Solicit services or sales (3 CCR section 6000) outside of a fixed place
of business for agricultural use.

Public Interprets FAC section 11410


distribution
required - PCA The definition of PCA infers distributing the recommendation outside the
firm or agency to a third party (soliciting outside a fixed place of business,
holding forth, and offering). The Merriam-Webster dictionary’s definition of
“recommend” is to “advise” or “to present as worthy of acceptance.” Implicit
in FAC section 11411 and the dictionary definition of “recommendation” is
that the advice is offered or given to another person. A person does not give
advice to himself/herself (or in the case of the property operator itself).
Similarly, an individual “holds himself/herself forth as an authority” on some
subject to another person, not to himself/herself.

Continued on next page

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Chapter 3: Licensees - State License and Certificate Requirements
PUE Program Standards Compendium Volume 1
General Administration of the Pesticide Use Enforcement Program

Agricultural Pest Control Advisers (PCAs), Continued

Public The idea of licensing certain individuals who engage “for hire” in certain
distribution occupations is in the concept of consumer protection -- to protect the public
required - PCA from individuals who may purport to have certain skills or knowledge who, in
(continued) fact, do not possess them.

PCA licensing Exemptions to the PCA licensing requirements:


exemptions  Officials of federal, state, and county departments of agriculture and
University of California personnel engaged in duties related to
agricultural use are exempt, if the recommendation is put in writing.
(FAC section 12001)
 Owners (and their employees) of private firms (i.e., growers, golf
courses) making decisions on pesticide use on their own property.
 A veterinarian writing a prescription for use to control an animal pest.
This is a non-agricultural use. (FAC section 11408)
 Individuals within an established place of business who merely write
sales invoices or receipts or otherwise handle over-the-counter sales
transactions where no recommendations are made or inferred.
 Registered professional foresters (RPF), in the practice of providing
silvicultural advice. However, in situations where the RPF gives
advice in the form of silvicultural prescriptions and includes the use of
specific pesticides, the RPF would have to be licensed as a PCA.
 Individuals making a recommendation for treating seed, who either
owns or is employed by a firm in the business of treating seed. While
the firm may need a pest control business (PCB) license, this is
considered industrial use not within the scope of a PCA license
requirement.

Continued on next page

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Chapter 3: Licensees - State License and Certificate Requirements
PUE Program Standards Compendium Volume 1
General Administration of the Pesticide Use Enforcement Program

Agricultural Pest Control Advisers (PCAs), Continued

Education An applicant for a new PCA license must meet the following educational
required to requirements (3 CCR section 6550):
obtain a PCA  Option 1: Graduated with a bachelor's degree in agricultural sciences,
license biological sciences, natural sciences, or pest management and
completed the core course requirements;
 Option 2: Graduated from an accredited doctoral degree program in
agricultural sciences, biological sciences, natural sciences or pest
management; or
 Option 3: Meet the core course requirements plus 24 months of
technical experience working in an agricultural capacity related to pest
management.

The core course requirements (3 CCR section 6550(b)) are 42 semester units
or 63 quarter units of college-level curricula in the physical and biological
sciences, crop health, pest management systems and methods, and production
systems course areas with a 2.0 grade point average in all core courses.

Requirements PCA applicants shall:


to obtain a PCA 1. Submit a complete Agricultural Pest Control Adviser License
license Application form (DPR-PML-084).
2. Submit a copy of official college transcripts with the PCA application.
(3 CCR section6550)
3. Submit an initial application fee.
4. Submit an examination fee for each examination requested.
5. Pass the Laws, Regulations, and Basic Principles (includes Integrated
Pest Management Principles) examination and at least one category
examination.

Note: Examinations are based on the knowledge expectations found on DPR's


website at www.cdpr.ca.gov/docs/license/adviserke.htm.

Continued on next page

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Chapter 3: Licensees - State License and Certificate Requirements
PUE Program Standards Compendium Volume 1
General Administration of the Pesticide Use Enforcement Program

Agricultural Pest Control Advisers (PCAs), Continued

PCA pest As specified in FAC section 12022, the pest control categories available
control under the PCA license are as follows:
categories A. Insect, Mites, and Other Invertebrates
B. Plant Pathogens
C. Nematodes
D. Vertebrate Pests
E. Weed Control
F. Defoliation
G. Plant Growth Regulation

Requirements Once licensed, an adviser shall:


once licensed  Accumulate at least 40 hours of approved continuing education every
two years before license renewal. Four of the 40 hours must cover the
topic of pesticide laws and regulations. (3 CCR section 6511(e))
 Register with the CAC in their "home" county (address on the PCA
license) and in each county where recommendations are made. If the
address is not within California, then the registration would be in the
county of occupational choice. (FAC section 12031)
 Write recommendations that do not conflict with label requirements.
(FAC section 12971)
 Retain one copy of each written recommendation for one year
following the date of the recommendation (FAC section 12004)
 If the recommendation is for use of a high-volatile organic compound
nonfumigant product, the recommendation must not recommend a use
in violation of 3 CCR section 6884 or identify the exemption under
6884(b). The PCA must keep a copy of these recommendations for
two years (3 CCR section 6558).
 Provide the operator of the property with a copy of the written
recommendation prior to the application. (FAC section 12003)
 Provide the pesticide dealer and applicator with a copy of the written
recommendation prior to application. (FAC section 12003)

Continued on next page

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Chapter 3: Licensees - State License and Certificate Requirements
PUE Program Standards Compendium Volume 1
General Administration of the Pesticide Use Enforcement Program

Section 2.1
County Registration of PCAs

County An adviser shall not make, or offer to make, an agricultural use


registration of recommendation in any county without first registering with the CAC. This
PCAs registration is required annually. (FAC sections 12002 and 12033)

In-person home Check the PCA license to make sure it is valid for the year the applicant is
county registering and check the applicant's signature on the back of the card or
registration check DPR’s list of valid licenses at:
http://www.cdpr.ca.gov/docs/license/currlic.htm.

1. Using the reproduction template (See Appendix A) as a guide, the CAC


can make its own form for registering the PCA, as long as it contains the
information from DPR’s Agricultural Pest Control Adviser County
Registration form (DPR-PML-091).
2. Copy the registration application with the applicant's license card.
3. Have the PCA complete the CAC’s registration form.
4. Make sure the application is complete.
5. Collect the registration fee, if required.
6. The CAC or authorized person should sign and date the form.
7. Keep the original for county records, and provide the applicant a copy of
the registration form.
8. Review pertinent county policies and regulations with the applicant,
especially any new ones.

If necessary, process the registration forms the applicant needs to register in


additional counties. Do not sign them. Give the forms to the applicant to send,
with a reminder that other counties may require fees for registration.

Out of county 1. Check the PCA’s home county registration form for completeness.
registration -- 2. Check the completed form to make sure the license is valid for the year the
mail applicant is registering.
3. Make sure the appropriate fee (if one is required) accompanies the form.
4. Check the records to see if the applicant previously registered in the
county and if there were any problems.
5. The CAC or authorized person should sign and date the form.
6. Keep the original for county records, and provide the applicant a copy of
the registration form.
7. Provide a list of current county policies and regulations and indicate
whether your office will require copies of their recommendations.

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Chapter 3: Licensees - State License and Certificate Requirements
PUE Program Standards Compendium Volume 1
General Administration of the Pesticide Use Enforcement Program

Section 2.2
Interpretation of Agricultural PCA Scenarios

Introduction This section contains interpretations and descriptions of some situations and
scenarios to help make licensing determinations.

Biological Individuals who recommend the use of biological control agents (e.g.,
control agents predatory insects, parasitic wasps, pathogenic fungi or viruses) are required to
have a PCA license.

Management For the purposes of this discussion, a "management firm" is defined as a


firms business that provides operational assistance, support or other activities on a
"fee for service" basis. These are commonly seen in vineyard management
and golf course management companies. A management firm should not be
confused with a "partner" which has an ownership interest in the operation. If
part of the service provided includes pest control for hire, management firms
must be licensed as a pest control business (See also Section 4.4 below).

If a management firm makes agricultural recommendations as part of that


service, the individual making those recommendations must be a licensed
PCA. This individual may be either an employee of the management firm or
an independent PCA under a contractual arrangement with the management
firm.

Landscape Any landscape architect who includes pesticide use specifications in


architects landscape architectural plans (except plans concerning the immediate
landscaping environment of a residential dwelling or commercial business
office, shopping centers, and other similar institutional settings) must be
licensed as an agricultural PCA. Included within the scope of the PCA
licensing requirement are those recommendations (specifications) concerning
landscaping of parks and recreation areas, golf courses, cemeteries, parkways,
highways, and other similar settings.

Continued on next page

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Chapter 3: Licensees - State License and Certificate Requirements
PUE Program Standards Compendium Volume 1
General Administration of the Pesticide Use Enforcement Program

Interpretation of Agricultural PCA Scenarios, Continued

Recommenda- Interprets FAC section 12003, 3 CCR sections 6556 and 6558
tion
requirements 1. Operator of the property
2. Location of the property
3. Commodity, crop, or site to be treated
4. Pest (by accepted common name)
5. Name of each pesticide
6. Dosage (of pesticide per unit treated) or description of method
recommended
7. Concentration (of the mix applied) per acre
8. Volume (of mix per unit treated) per acre
9. Total acreage (or units) treated
10. Schedule, time, or conditions of the treatment or other control method
11. Restricted entry interval applicable (label and/or regulation)
12. Preharvest or preslaughter interval (“preharvest interval – see label” is
inadequate)
13. A warning of the possibility of damages that could occur that reasonably
should have been known by the PCA to exist (including, but not limited to
hazards known to exist, crop rotation, crop disposition, or plant back
restrictions)
14. Criteria for determining need for the recommended treatment (e.g., pest
count, history of infestation, preventative measures, etc.)
15. If the pesticide is a nonfumigant high VOC product utilizing an
exemption under 6884(b), the exemption must be identified.
16. Certification that alternatives and mitigation were considered and, if
feasible, adopted
17. Signature or mark of the individual making the recommendation or
preparing the work order must also be included. A signature is any unique
"mark" made by the PCA, or with his/her consent, that identifies that
particular PCA (or grower in the case of a work order). This mark can be
the PCA signature, printed name, or license number.
18. Date
19. Address
20. The name of the business represented

Continued on next page

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Chapter 3: Licensees - State License and Certificate Requirements
PUE Program Standards Compendium Volume 1
General Administration of the Pesticide Use Enforcement Program

Interpretation of Agricultural PCA Scenarios, Continued

Recommenda- Interprets FAC section 12003(f)


tions -- hazards
known to exist Each recommendation must include, when applicable, a warning of the
possibility of damages by the pesticide application that should have
reasonably been known to exist at the time the recommendation was made.
This requirement is designed to ensure that applications are made only under
suitable conditions by alerting the applicator to hazards so that precautions
may be taken to eliminate or minimize the hazards. Also, it serves to remind
the PCA of this important consideration that should influence pest
management decisions.

Advisers are responsible for familiarizing themselves with the area


surrounding the intended application site. When a condition is known to exist
that could result in damage, advisers must include it in their written
recommendations. Examples of situations that could result in damage from
pesticide applications include:
 Adjacent crops for which the recommended pesticide is not registered
and which have no tolerance established;
 Labor intensive crops which are at or near a stage where field work
crews may be in the field;
 Apiaries located within or adjacent to an intended treatment area;
 Bodies of water (including water return systems);
 Buildings (including residences), businesses, schools, etc.;
 Domestic animals or livestock, and wildlife nesting and grazing areas.
Continued on next page

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Chapter 3: Licensees - State License and Certificate Requirements
PUE Program Standards Compendium Volume 1
General Administration of the Pesticide Use Enforcement Program

Interpretation of Agricultural PCA Scenarios, Continued

Work orders Interprets 3 CCR section 6632

Broadly speaking, work orders are distinct and separate from


recommendations. A work order is created by the operator of the property
(owner, renter, or lessee of the property or designated employee) without an
agricultural pest control adviser license. The work order identifies the
pesticides to be applied and provides application instructions to the pest
control business or applicator. The work order may be extremely simple and
may not even be written down.

A property operator may ask for or be provided a PCA’s written


recommendation for a pesticide application. The recommendation is written
to the property operator. The property operator can convert any or all of the
recommendation into a work order to provide to a licensed pest control
business (PCB).

However, when a property operator is providing a work order to the PCB for
a pesticide that requires a restricted material permit, 3 CCR section 6632(a)
requires the PCB be provided with a recommendation or a work order which
contains all the elements required of a recommendation from FAC section
12003 and 3 CCR section 6556. It is the property operator’s responsibility to
provide the PCB with this information.

See also Internal Pest Control Decisions below.

Property Employees working for a private firm (grower, golf course, etc.) may write
operators and the work order without being a PCA.
work orders
Employees of a public agency making recommendations must be licensed
pest control advisers in the appropriate category(ies), unless exempted under
FAC section 12001.

Continued on next page

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Chapter 3: Licensees - State License and Certificate Requirements
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General Administration of the Pesticide Use Enforcement Program

Interpretation of Agricultural PCA Scenarios, Continued

Public agency Interprets 3 CCR section 6551


employees
FAC section 12001 exempts the following public employees from the PCA
licensing requirements when making agricultural use recommendations in
connection with their official duties:

 Federal, state, and county departments of agriculture personnel. All


agricultural use recommendations must be in writing.
 University of California personnel and officials of districts. All
agricultural use recommendations must be in writing.

3 CCR section 6551 requires that all other federal, state, county or local
employees (other than those exempted by FAC section 12001) must have a
PCA license when making recommendations in connection with their official
duties.

Recommenda- Interprets FAC section 12003, 3 CCR sections 6426, 6566 and 6632
tions --
distribution of The grower makes the final decision to apply a pesticide(s) resulting from a
copies written recommendation. A signed and dated copy of each agricultural use
recommendation must be furnished to the property operator prior to the
application (soon enough to use the recommendation to make treatment
decisions).

3 CCR sections 6426(b) and 6632(a) require that a PCB have a written
recommendation available covering each agricultural use of a restricted
material that requires a permit.

A copy of each recommendation must also be furnished to the pest control


dealer and the applicator (i.e., PCB) in sufficient time to allow compliance
with 3 CCR section 6566 (relative to supplemental labeling), but at no time
later than the time of the delivery of the pesticide. Copies for the dealer and
applicator, if they are unknown, shall be delivered to the property operator
with his/her copy.

Continued on next page

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General Administration of the Pesticide Use Enforcement Program

Interpretation of Agricultural PCA Scenarios, Continued

Internal Pest Control Decisions

Pest control Interprets FAC section 12003 and 3 CCR section 6632
business work
requirement The pest control work requirements in 3 CCR section 6632 require a PCB to
have a copy of the recommendation adopted by the operator of the property or
a work order which contains the required elements before making an
agricultural use application of a pesticide that requires a permit. Generally,
this requirement will be met by the operator of the property passing on a copy
of a recommendation made by a licensed PCA or a work order that has the
criteria identified in FAC section 12003 and 3 CCR section 6556.

Generally, there is no requirement for the operator of the property to


document his or her pest control decision-making process or to have a copy of
a recommendation for any application1. Although it is a requirement of FAC
section 12003 that a licensed PCA provide a copy of any recommendation he
or she writes to the operator of the property, that copy usually does not have
to be retained by the operator of the property.

Recommenda- Interprets 3 CCR section 6632


tion versus
work order These are two different documents:
1. A “recommendation" contains advice or suggestions from a PCA
provided to, and for consideration by, the operator of the property in
reaching a pest control decision.
2. A “work order” contains instructions or directions from the operator
of the property to the PCB about how the application is to be made to
implement the pest control decision of the operator of the property.

The PCB cannot alter these instructions regardless of their original source.
They are, in effect, contract specifications for the pesticide application.
However, the PCB can discuss any concerns about the recommendation or
work order with the property operator or PCA prior to making the application.

Continued on next page

1
However, per 3CCR section 6883 growers in the San Joaquin Valley ozone NAA (counties of San Joaquin,
Stanislaus, Merced, Madera, Fresno, Kings, Tulare and a portion of Kern County) are required to have a PCA
recommendation for the use of a high-volatile organic compound nonfuigant product specified in 6881 when used
on specified crops from May 1 to October 31. These recommendations must be kept for two years

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Interpretation of Agricultural PCA Scenarios, Continued

Recommenda- The document that begins as a recommendation to the operator of the


tion versus property becomes a “work order” when it is adopted by the operator of the
work order, property and forwarded to the PCB. Alternatively, the “work order” can be
(continued) internally prepared by employees and is acceptable as long as it contains the
information required in a “recommendation.”

Interpretation Interprets FAC section 12001


of law
The legal opinion of Chief Counsel for DPR, outlined in an August 27, 2003
memorandum to the Chief, Enforcement Branch, is that licensing as a PCA is
not required of employees of a firm to participate in internal pest control
decisions applicable to property operated by that firm. When a
recommendation is distributed outside of the firm for consideration by a third
party in making a pest control decision (which a PCB does not do), the
recommendation must be signed by a licensed PCA, unless specifically
exempt by FAC section 12001.

3 CCR section 6551 specifically requires public agency employees who make
recommendations on pest control for use by that agency to be licensed PCAs.

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Section 3
Dealers, Brokers and Designated Agents – Pesticide Sales

Pest Control Dealer

Who needs the Per FAC section 11407, Any individual or business, including Internet and
pest control mail order businesses, whether inside or outside of California, who:
dealer license  Sell agricultural use and “dual use” products to users.
 Sell any method or device for the control of agricultural pests, such as
biological control agents, lures or insect trapping devices.
 Solicit sales of pesticides by making agricultural use recommendations
through field representatives or other agents.
 Sell restricted materials or pesticides requiring the supervision of a
certified applicator to users.

Exemptions to  Federal, state, or county agencies providing pesticide materials for


the pest control agricultural use are exempt from the pest control dealer licensing
dealer license requirements. (FAC section 12102)
requirements
 Licensed agricultural pest control and structural pest control businesses
that apply pesticides that are recommended or sold by the business. (FAC
section 11407.5)

What’s An applicant for a new pest control dealer license must:


required to 1. Complete the Pest Control Dealer License Application (DPR-PML-
obtain a pest 41) for each principal and branch location and submit it and all
control dealer required fees to DPR.
license 2. Each principal and branch location must have an individual who is
responsible for the operation of the dealership and licensed/certified as
a Dealer Designated Agent, PCA, Pest Control Aircraft Pilot, or a
QAL. (3 CCR section 6560)
3. Submit a Fictitious Business Name Statement obtained from the
County Clerk's Office (if applicable)2 (FAC section 12103)
4. For a corporation, submit a Certificate of Good Standing from the
Secretary of State. (FAC section 12103)

Continued on next page

2
For a business owned by an individual, a “fictitious business name” is any name that does not include the last name
(surname) of the owner, or which implies additional owners (such as "Company", "and Sons", etc.). In the case of a
corporation, LLC or LP, a fictitious business name is any name other than the exact name that is on record with the
Secretary of State's Office.

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Dealers and Brokers – Product Sales, Continued

Dealer Once licensed, each pest control dealer principal and branch location must:
requirements  Have and maintain a designated agent to actively supervise all
once licensed operations conducted by the location. (3 CCR section 6560(a))
 Retain records of all pesticides sold or delivered, except for pesticides
labeled only for home use. (3 CCR section 6562)
 Indicate "California mill assessment was paid" or "California mill
assessment of (amount established by FAC) mills was paid" on all
sales invoices. (FAC section 12847)
 When a pesticide is sold for an agricultural use without a
recommendation, the invoice or delivery slip must state that no
recommendation has been made. (3 CCR section 6562(a)(5))
 Retain written recommendations for two years. (3 CCR section 6562)
 When required, obtain restricted material permit or operator
identification number (OIN) prior to sale or delivery of pesticides. (3
CCR section 6568)
 Retain a copy of permits for restricted materials and OINs for two
years. (3 CCR section 6568)
 Retain a copy of the purchaser’s QAL, QAC or PAC or a statement
attesting to their certification for two years. (3 CCR section 6568)
 Send a list of OINs with corresponding names of persons purchasing
pesticides during the quarter to each CAC who issued the OIN other
than the county where the dealer is located. (3 CCR section 6568(d))
 Obtain a copy of the ship vessel registration for tributyltin purchases
and maintain record of sale for two years. (3 CCR section 6574)
 For sales of pesticides containing clopyralid, retain a signed statement
from the qualified applicator for two years. (3 CCR section 6576)
 Provide information to purchasers of volatile organic compound
pesticides for use within the San Joaquin Valley Ozone NAA and
record that on the invoice (3 CCR section 6577)

Principal pest Once licensed, the principal (main) pest control dealer must:
control dealer  Retain at the principal place of business, records of purchases, sales
requirements and distribution of pesticides including those of its branch locations
for four years. (FAC section 12114(a))
 Report assessable sales to DPR quarterly for the principal and all
branch locations. (FAC section 12114(b))
 Report annually to the DPR all pesticides purchased from a person
who is not a licensed pest control dealer or a registrant. (FAC section
12115)

Continued on next page

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Dealers and Brokers – Product Sales, Continued

Sales of federal Prior to the sale or delivery of a pesticide for which a restricted materials
restricted use permit is required, the dealer must obtain a copy of the purchaser’s restricted
pesticides or material permit. (3 CCR section 6568(a))
California
restricted A dealer must also have proof that the purchaser is a certified applicator or a
materials
certified applicator is designated on a restricted materials permit. A copy of
the current license or certificate will verify certification. Per 3 CCR section
6000, certified applicators include individuals possessing a qualified
applicator license or certificate (QAL or QAC), private applicator certificate
(PAC), Structural Pest Control Operators (OPR) and Field Representatives
(FR), Pest Control Aircraft Pilot Certificate (PCAPC), or Vector Control
Technician.

Prior to the sale of a federal restricted use pesticide (3 CCR section 6400(a))
or a pesticide with potential to pollute ground water (3 CCR section 6400(d))
that does not require a permit for possession or use, the dealer must obtain a
copy of the purchaser's certification or signed statement.

Duties of the Interprets FAC section 12101.5 and 3 CCR section 6560
designated
agent Each licensed pest control dealer must have a designated agent at the
principal office and an agent at each branch location to actively supervise all
operations conducted by the location. The designated agent performs the
following duties for the pest control dealer:
 Actively supervises employees who sell pesticides.
 Exercises responsibility in carrying out the business of a pest control
dealer.
The designated agent needs to be available to direct and control sales of
pesticide products by unlicensed dealer employees. The availability of the
designated agent should be directly related to the hazards of the products sold
and the volume of pesticide sales.

An individual may be a designated agent for only one location. The


designated agent cannot work full time as a PCA while “overseeing” dealer
operations remotely.

A designated agent must be an individual who possesses a Dealer Designated


Agent (DDA) license, a PCA license, a PCAPC, or a QAL.

Continued on next page

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Dealers and Brokers – Product Sales, Continued

“Branch As defined in 3 CCR section 6000, a “Branch location” means “any location,
location” other than the principal place of business, operated by a pesticide dealer or an
defined agricultural pest control business to carry out licensed activities in
California.”

Pest Control Dealer Designated Agent (DDA)

Who needs the An individual needs a DDA license if he/she is responsible for supervising the
DDA license operations of a licensed pest control dealer business and does not possess a
PCA license, QAL, or PCAPC.

What’s An applicant for a pest control dealer designated agent license must:
required to 1. Complete the Pest Control Dealer Designated Agent License
obtain a pest Application (DPR-PML-043).
control dealer 2. Submit the completed application with the initial application fee and
designated examination fee to DPR.
agent license
3. Pass a written examination on the sale and use of pesticides and pest
control dealer responsibilities. (FAC section 12253)

Requirements No continuing education is required to renew the DDA license.


once licensed
The DDA license is valid for up to two years. Prior to the license expiring, a
renewal fee is due to DPR to renew the license.

Continued on next page

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Dealers and Brokers – Product Sales, Continued

Pesticide Broker

Who needs the Any individual or business, including Internet and mail order businesses,
pesticide whether inside or outside of California, who first sells or distributes pesticides
broker license into California other than registrants and licensed pest control dealers (FAC
section 12400).

The pesticide broker requirements apply to all pesticide products sold into
California. The requirements apply to both agricultural pesticides and
pesticides sold for non-agricultural use (e.g., home residential, industrial, and
institutional settings).

Exemptions to  Persons licensed as pest control dealers. A pest control dealer license is
the pesticide required if sales of agricultural use products are direct to end-users.
broker license  Registrant selling its own registered product or other registrant's product.
requirements

What’s An applicant for a pesticide broker license must:


required to 1. Complete the Pesticide Broker License Application (DPR-PML-217)
obtain a for each principal and branch location and submit it to DPR.
pesticide 2. Branch locations include a broker’s distribution center(s), not
broker license individual retail outlets.
3. There are no fees required to obtain this license. (3 CCR section 6502)
4. Submit a Fictitious Business Name Statement obtained from the
County Clerk’s Office, if applicable3 (FAC section 12401), or
5. Certificate of Good Standing obtained from the Secretary of State.
Corporations incorporated out-of-state must submit a Certificate of
Good Standing from that state. (FAC section 12401)

Continued on next page

3
See Pest Control Dealer above for information on the Fictitious Business Name Statement

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Dealers and Brokers – Product Sales, Continued

Requirements Once licensed, the pesticide broker must:


when licensed  Sell only pesticide products that have been registered for sale in
California by DPR.
 Sell pesticides in California labeled for agricultural use or considered
a California restricted material only to registrants, licensed brokers, or
pest control dealers (3 CCR section 6302)
 Submit a quarterly report to DPR of the total dollars of sales
(including zero sales) and total pounds or gallons of pesticides sold
into or within California. (FAC section 12406(b)).
 Pay a quarterly mill assessment to DPR if the mill assessment has not
been paid by the registrant or pest control dealer. The mill assessment
is based upon the total dollars of sales for sales into or within
California of registered pesticides. (FAC sections 12841 and
12841.1(a)). Sales invoices shall show the mill assessment will be
paid. (FAC section 12847)
 Keep and retain records of all purchases, sales, and distribution of
pesticides into or within California for four years at the principal place
of business which may be outside of California. (FAC section
12406(a))

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Section 3.1
Pest Control Dealer Interpretation Scenarios

Introduction This section contains interpretations and descriptions of some situations and
scenarios to help make licensing determinations.

Beneficial Interprets FAC section 11407(b)


organism
dealers Businesses that sell predators (lacewings, ladybird beetles, etc.), parasites, or
disease-producing organisms for agricultural use are required to be licensed
as pest control dealers.

Cooperative If a cooperative handles agricultural use pesticides or restricted use pesticides,


supplying it is responsible to meet certain specific requirements in order to be exempt
pesticides from the pest control dealer license requirement. The cooperative can meet
these requirements by the following:
 They must act only as a central receiving point for orders or billings
and provide the licensed pesticide dealer that actually supplies the
agricultural use pesticide or restricted use pesticide with information
required in 3 CCR sections 6562 and 6568.
 The supplier must invoice the purchaser to specific purchases.
 The cooperative must maintain the ownership identity of any pesticide
it stores for its members.

Dealer records Interprets 3 CCR sections 6562(b), 6568(e), 6574(d), 6576, 6577
location
If all sales occur outside of California (i.e., on the web), there is no
requirement in law or regulation for a dealer to store invoices or other records
in-state for inspection. However, should a CAC or DPR request a dealer’s
records (invoices, dealer’s copy of a restricted material permit/OIN, certified
applicator information or certified applicator statement, etc.) the dealer is
required to provide the record.

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Pest Control Dealer Interpretation Scenarios, Continued

In-ground pole, Interprets FAC section 11407(d)


railroad tie or
wood treatment Pesticides can be used to treat utility poles, fence poles, railroad ties, or wood
and wood to control or prevent wood destroying pests. Some of these may be federal
preservatives restricted use pesticides (RUPs). Any retail store selling RUPs must be
licensed as a pest control dealer in order to sell them to the end-user.

Dual-use Interprets FAC sections 11407(a) and 12101


pesticide
products The term "dual-use products" refers to those pesticide product labels that have
directions for both non-agricultural (usually home) and agricultural use and
are packaged in a manner that is compatible with both uses. Only licensed
pest control dealers may sell agricultural use pesticides regardless of the other
uses that may appear on this labeling. A licensed dealer may sell dual-use
products for non-agricultural uses, provided the sales record displays the
purchaser’s name and address and documents that the pesticide is for
non-agricultural use.

The mere possibility that an agricultural use product could be used for the
second use without a violation of FAC section 12973 is not sufficient to
determine it is a dual use product. A determination of dual-use considers the
apparent intent of the manufacturer, as well as any advertising or product
presentation in the market place.

For example, a product’s labeling has use directions for gopher burrows with
no other site restrictions. This product can legally be used to treat gopher
burrows on agricultural sites and non-agricultural sites based on this labeling.
However, it is packaged in one pound containers and is commonly marketed
in retail nurseries. If there is no evidence that the manufacturer has advertised
it for agricultural use, the presence of this product in this sales setting (retail
nursery) is insufficient to classify it as a dual-use product. In some cases, it is
up to the registrant to fix the problem by separating the pesticide into two
products – the method preferred by U.S. EPA.

Continued on next page

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Pest Control Dealer Interpretation Scenarios, Continued

Dual-use Other evidence of a dual-use product may include:


pesticide  A “Worker Protection Standard” agricultural use requirements block.
products,  Non-agricultural listed sites such as: garden crop, ornamental and
(continued)
landscape plantings; interiorscapes; and recirculatory, aeroponic, and
hydroponic systems located on residential (home) and industrial sites.
 The product labeling has rates from fluid ounces/acre to ounces per
1,000 square feet. These label rates indicate this product can be used
both for agricultural and non-agricultural use respectively. Directions
for use on pesticide labeling given on a “per acre” basis are generally
used to indicate an intention for commercial, rather than, homeowner
(consumer) use. Homeowner-use pesticides have directions to use the
product at a rate of so much material “per 1,000 square feet,” or
amount of material per gallon, pint, etc.
 The size of the product container is an indication that the product may
be marketed for non-agricultural and agricultural uses. For example,
if the product could be purchased via internet in 4 ounce, 16 ounce,
quart and one gallon containers.

Tack and saddle shops and western wear stores that carry small container
pesticide products labeled for use on or around horses are not required to
obtain a pest control dealer's license. It is appropriate to inform retailers that
they do have potential liability if they sell these products with dual-use labels
without a license.

See also Compendium Volume 8, Section 1.1 Agricultural and


Non-Agricultural Pest Control Use and Section 4.11 Homeowner (Consumer)
Use Products.

Continued on next page

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Pest Control Dealer Interpretation Scenarios, Continued

Livestock Interprets FAC section 11701


sprays and
spray devices If a licensed pest control dealer sells and services spray devices for fly control
in commercial stables, the dealer is performing pest control for hire. The
process of mixing and diluting the pesticide concentrate and cleaning,
calibrating or otherwise servicing the automatic spray device is considered to
be providing a service and requires such persons to be licensed as a pest
control business (PCB). If the sales of pesticides and pest control devices are
always in connection with providing such a service, then the PCB license
supersedes the need to have a pest control dealer license. However, if they
also sell such products without providing the service, a pest control dealer
license is required.

Pesticide sales Interprets 3 CCR section 6564(a)


without a
recommenda- A dealer must ensure that the pesticide delivered corresponds to any
tion recommendation which has been provided. When the individual making a
sale of an agricultural use pesticide is not a licensed agricultural PCA, he/she
may not give any instruction or advice on its use. When a pesticide is sold but
no recommendation is made or provided, the invoice or delivery slip must
state, “No recommendation has been made by, or provided to, the seller
concerning the use of the material covered by this invoice” or similar notice.
This notice must be delivered to the customer no later than the time the
pesticide is delivered.

It is a violation of FAC section 12121(d) for any person subject to dealer


licensing requirements to make false or fraudulent statements. It is a violation
to state on an invoice delivery slip that no recommendation was made when,
in fact, one was made by a PCA employed by the pest control dealer.
Disciplinary action may be taken. It is the pesticide dealer's responsibility to
know if his/her employees have made a recommendation.

Sales to See Section 9 Structural Pest Control Licenses.


structural pest
control
businesses

Continued on next page

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Pest Control Dealer Interpretation Scenarios, Continued

Veterinarians Interprets FAC sections 11407(d) and 11408(d)


selling
pesticides Veterinarians selling pesticides requiring a restricted material permit or the
supervision of a certified applicator must be licensed pest control dealers even
though they may be writing prescriptions for the use of these pesticides.

Veterinarians selling only non-restricted or general use pesticides do not need


a dealer license provided they are writing prescriptions for the "agricultural
use" pesticides sold.

Normally, livestock supply stores selling "over-the-counter" to the general


public must be licensed even if owned and run by a veterinarian.

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Section 4
Pest Control Business (PCB) Licensing

Pest control Interprets FAC sections 11701 and 11701.5


businesses
require a DPR- FAC section 11701 requires that any person who may “advertise, solicit, or
issued license operate as a pest control business” be licensed by DPR as a pest control
business.

See Compendium Volume 8, pages 1-2 and 1-3 for a discussion of “pest
control.” See Business defined in Section 4.4 below.

Each principal and branch location must have one individual in a supervisory
position with an appropriate license or certificate. The individual’s categories
on his/her must be in the proper categories to match the work performed by
the company. See Qualified individuals below.

“Branch As defined in 3 CCR section 6000, a “Branch location” means “any location,
location” other than the principal place of business, operated by a pesticide dealer or an
defined agricultural pest control business to carry out licensed activities in
California.” “Licensed activities” include, but are not limited to mixing and
loading pesticides and storage of opened pesticide containers after
application.

Qualified Each licensed pest control business must have at least one individual with a
individuals QAL in a supervisory position with the appropriate pest control categories
that relate to the work performed by the business, responsible for the pest
control operations of each location. The qualified applicator cannot supervise
the operations of more than one location at a time. (FAC section 11701.5)

Each licensed maintenance gardener pest control business may designate a


QAL/QAC holder with Category B or a QAC holder Category Q as the
responsible person. The QAL/QAC must be actively responsible for the legal
and safe operation of pest control activities conducted by the business
location and supervise the pest control operations performed by employees
attached to the business location. (FAC section 11704(a))

Businesses that perform pest control using an aircraft must employ an


individual who holds a valid Journeyman Pest Control Aircraft Pilot
Certificate (PCAPC). (FAC section 11901)

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Section 4.1
Agricultural Pest Control Business (PCB)

Who needs the Any person who advertises, solicits, or operates as a pest control business (see
PCB license discussion of "business" in Section 4.4). This includes the following FAC
sections 11403 and 11701:
 Ground and aerial pest control operations, including individuals
performing pest control for the accommodation of their neighbors.
 Management companies (e.g., vineyard management or golf course
management) when their services include pest control.
 Packinghouses, shippers, storage facilities, and other processors who
treat agricultural commodities owned by another person or firm.
 Maintenance gardeners who engage in pest control for hire (more than
incidental to that business’s activities).

Exception: Cooperatives are excluded; see discussions on “Business Defined”


and “Packing Houses and Other Processors” in Section 4.4.

Exemptions to  Structural pest control activities conducted within the scope of, and
the PCB license pursuant to, a valid structural pest control business license. (FAC section
11531(a))
 Preservation treatment of fabrics or structural materials. (FAC section
11531(b))
 Tree surgery involving the removal of diseased or infested tissues or
applying disinfectants to wound cavities incidental to tree surgery,
including woodcutters treating stumps. (FAC section 11710)
 Household or industrial sanitation services. (FAC section 11531(c))
 Seed treatment incidental to regular business. (FAC section 11531(d))
 Live capture or removal of certain vertebrate pests, bees, or wasps without
the use of pesticides. (FAC section 11531(e))
 Gardeners and landscape maintenance service companies, if no pest
control work is included as part of their services.

Continued on next page

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Agricultural Pest Control Business (PCB), Continued

What's An applicant for a PCB or Maintenance Gardner(MG) PCB license must:


required to 1. Complete the Pest Control Business License Application (DPR-PML-
obtain a PCB 042) for each principal and branch location or the Pest Control
license Business License Application, Maintenance Gardener Only (DPR-
PML-004)4 location and submit it and all required fees to DPR.
2. Identify an individual who is responsible for the operation of the pest
control business for each location listed on the application.
3. Fulfill financial responsibility requirements. (FAC section 11702(c)(2)
and 3 CCR section 6524)
4. Submit a Fictitious Business Name Statement from the County Clerk's
Office, if applicable5 (FAC section 11702(a)).
5. For a corporation, submit a Certificate of Good Standing from the
Secretary of State. (FAC section 11702(a))
6. Submit the initial license fees for the PCB’s principal location and for
each branch location or the initial license fee for a MG PCB license.
7. Submit the Supplemental Application Information for Maintenance
Gardener Pest Control Business License (DPR-PML-143) if
applicable.

Requirements Once licensed, each principal and branch PCB and MG PCB must:
once licensed  Register with the CAC in each county where business is conducted.
(FAC section 11732)
 Retain agricultural pest control application completion notice records
for two years. (3 CCR section 6619)
 Retain pesticide use records for two years. (3 CCR section 6624)
 Submit pesticide use reports (PURs) to the CAC. In addition, school
and daycare PURs must be submitted to DPR annually. See Chapter 4
Section 3. (3 CCR sections 6625, 6626(b), 6627 and 6628)
 Have a copy of the restricted materials permit during the application.*
(3 CCR section 6632)
 Retain written recommendations and work orders for one year.*(FAC
section 12004)
 If the business performs pest control using an aircraft, have an
individual who holds a valid Journeyman PCAPC (FAC section
11901).
* Obtaining permits and retaining work orders/recommendations do not apply to MG PCBs

Continued on next page

4
MG PCBs by default do not have branch locations.
5
See Pest Control Dealer in Section 3 for information on the Fictitious Business Name Statement

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Section 4.2
Maintenance Gardener Pest Control Business (MG PCB)

Maintenance Interprets FAC section 11704 and 3 CCR section 6531


gardener pest
control business The Maintenance Gardener (MG) Pest Control Business (PCB) License
license scope applies to all landscaped areas without regard to location provided that the use
of a pesticide for pest control is a minor, or complementary, aspect of the
physical landscape maintenance work.

Generally, these businesses provide routine landscape care indoors, around


public structures and commercial parks. They are required to obtain a MG
PCB license and to have a qualified applicator in a supervisory position if
they apply general use pesticides incidental to the primary business
operations.

A “full” PCB license is required if pest control landscape maintenance is


performed at cemeteries, parks, golf courses or similar areas or if pest control
is too great a part of the MG PCB’s services.

A MG PCB supervised by an individual holding a Qualified Applicator


Certificate (QAC) with Subcategory Q can use or supervise the use of general
use pesticides. This individual cannot use or supervise the use of federal
restricted use pesticides or California restricted materials. A MG PCB
supervised by a QAL or QAC with Category B can use or supervise the use of
federal restricted use pesticides or California restricted materials

By default, MG PCBs have one location.

Definition of Interprets FAC section 11704(a)


“incidental”
The term “incidental” has common dictionary meanings of “minor items that
are not particularized” or “being likely to ensue as a chance or minor
consequence.” Thus “pest control for hire incidental to that business” is pest
control that ensues from, or is a minor consequence of, a business’ overall
landscape maintenance activities. This definition does not limit a MG PCB to
a certain type of pesticide or number of applications. However, it requires that
each pest control activity is obviously subordinate to, generated by, and done
in conjunction with, the business’ main purpose of landscape maintenance.

Continued on next page

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Maintenance Gardener Pest Control Business (MG PCB),


Continued

Interpretation FAC section 11704(b) includes the terms “commercial parks” and
“surrounding structures.”

For purposes of interpreting those terms, a commercial park can be defined as


“a tract of land where several commercial establishments (e.g., stores, offices,
restaurants, warehouses, or factories) are located. Business parks, industrial
parks, office parks, and shopping centers or malls are commercial parks. A
surrounding structure applies to “structures such as buildings, brick walls,
fountains, fences, statutes, etc. that are incidental to and placed near or close
to ornamental or turf plantings.”

Difference DPR requires applicants with the “full” PCB license to have at least one
between the individual in a supervisory position who holds a QAL in the proper pest
MG and “full” control category(ies) (FAC section 11701.5). By contrast, MGs can qualify
PCB License for a MG PCB license by performing pest control incidentally to their
maintenance gardener work and having a QAC in the pest control
subcategory Q or by having a QAL or QAC category B (FAC section 11704).
Individuals taking the QAC exam for category Q do not have to take the
separate Laws and Regulations exam to obtain the certificate as applicable
laws and regulations information have been incorporated into the
examination.

This two-tiered licensing system matches regulatory requirements to the


potential (or expected) level of threat posed to the public and the environment
by specific types of pest control operations. DPR believes the lower
qualification standard allowed to obtain the MG PCB license adequately
protects the public and the environment because “incidental” pest control, as
used in FAC section 11704, does not pose the same potential for harm as
larger scale pest control operations.

See also Maintenance gardeners and landscape services in Section 4.4 below.

What’s See “What's required to obtain a pest control business license” and
required… “Requirements once licensed” in Section 4.1.

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Section 4.3
County Registration of PCBs and MG PCBs

Counties In addition to DPR’s licensing of each PCB main and branch location and
register pest each MG PCB, the law requires annual registration with the CAC of each
control county prior to the business carrying out any licensed activity in that county.
businesses
County registration is necessary to ensure the Commissioner knows:
 Who is operating a PCB/MG PCB in the county;
 Where PCBs/MG PCBs are operating in the county;
 What types of licensed pesticide application activities are occurring in
the county;
 Where pesticide-related records, pesticides, and equipment are stored
in the county; and
 Where to send various notices and updates concerning regulatory
issues that affect businesses, licensees, and individuals performing
work in their county.
 This list is not all-inclusive.

County Interprets FAC sections 11732 and 11734


registration
authority and FAC section 11732 requires PCBs/MG PCBs operating in a county to register
fees with the CAC, provide a list of equipment and any other information the CAC
may require.

FAC section 11734 allows the county board of supervisors to establish


“reasonable fees” for the registration of PCBs. MG PCBs are limited to a
maximum registration fee of twenty-five dollars ($25) per year.

CAC Each PCB location (principal and branch) must register with the CAC in each
registration of county where business is performed before advertising, soliciting, or
the pest control operating in that county. A separate registration form must be completed for
business each branch and each county. MG PCBs by default have only one location.

CACs must retain a copy of the business license for their files.

Continued on next page

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County Registration of PCBs and MG PCBs, Continued

Home county The registration of a licensed business in its home county should be done
registration in-person. Only the QAL/QAC responsible for the pest control activities of
(business that business should be allowed to register the business.
license address)
Note: The valid dates of the business license and the individual’s QAL or
QAC may differ. Check that both are valid before registration. CACs can also
check DPR’s list of valid licenses at:
http://www.cdpr.ca.gov/docs/license/currlic.htm.

Using the reproduction template (Appendix A), the CAC can make its own
form for registering the business, as long as it contains the information from
DPR’s Pest Control Business County Registration (DPR-PML-059). Check
for completeness of provided information, including:
 Business license valid for the year of intended operation
 Certified applicator with appropriate pest control category(ies)
 Completed Pest Control Equipment Registration form (DPR-ENF-
058) or similar
PCBs based in the county and registering for the first time should have
equipment inspected before completing registration. This doesn’t preclude the
need to inspect equipment while used in field.

Emphasize the following topics when you review pest control and pesticide
regulations with the licensee, as applicable:
 New regulations or laws
 Pesticide worker safety requirements; storage, rinsing, and disposal of
pesticides and emptied containers; required records and reports
 Restricted material permit conditions
 County policies, requirements and regulations
 Prior noncompliance documented by inspections
Collect the registration fees, if required by the county. The original signed
form should be kept for county records. Registration may be amended later at
no charge to add agents (QALs or QACs) or additional categories obtained by
the qualified applicator.

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County Registration of PCBs and MG PCBs, Continued

Home county If an applicant plans to register in additional counties, check the latest County
registration Registration Requirements and Fees on DPR’s website at
(business http://www.cdpr.ca.gov/docs/license/liccert.htm to determine which counties
license address) accept mail-in registration. Make a copy and process, but do not sign
(continued)
additional forms for mailing to counties that accept mail-in registrations. Be
sure your county name is on the hard copy of the registration form as the
imprinting county.

Out-of-county PCBs and MG PCBs located outside your county may register by mail if
locations county policy permits.
registration --
processing 1. Check the business’s home county registration form for completeness.
mailed-in 2. Check the completed form to make sure the business and individual
applications
licenses are valid for the year the applicant is registering.
3. Verify the appropriateness of the certified applicator categories.
4. Verify registration includes a completed Pest Control Equipment
Registration form (DPR-ENF-058) or similar.
5. Make sure the registration applies to the location from which the operation
will be conducted in your county.
6. Make sure the appropriate fee (if one is required) accompanies the form.
7. Check the records to see if the applicant previously registered in the
county and if there were any problems.
8. The CAC or authorized person should sign and date the form.
9. Keep the original for county records, and provide the applicant a copy of
the registration form.
10. Provide a list of current county policies and regulations.

Registrations may be amended later, with no added charge, to add agents


(QALs or QACs) or additional categories obtained by the qualified applicator.

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Section 4.4
Pest Control Business Interpretation Scenarios

Introduction This section contains interpretations and descriptions of some situations and
scenarios to help make licensing determinations.

Aquatic pest Persons who are in the business of applying pesticides to standing or running
control aquatic sites (e.g., lakes, ponds, canals, and similar water bodies) must:
(Category F)  Hold a QAL with the Aquatic Pest Control Category, and
 Be licensed as an agricultural pest control business.

Microbial pest Persons who are in the business of applying:


control  algaecides and antimicrobial pesticides to treat potable water lines
(Subcategory P) (systems), dairy milk lines (systems), industrial and institutional
cooling towers and evaporative condensers and similar sites
 sulfur dioxide (SO2) fumigant pesticides to sanitize wooden barrels
and corks used in wine production
 algaecides and antimicrobial pesticides to treat water features such
as indoor and outdoor fountains, ponds, cascades, waterfalls and
streams
… must:
1. Hold a QAL with Category A or Subcategory P, and
2. Be licensed as a PCB.

Note: Category A - Residential, Industrial and Institutional, is broader and


more comprehensive than Subcategory P. A business wishing to work outside
of the scope of Subcategory P must have Category A.

Biological Interprets FAC section 11701


control agents
Persons in the business of releasing biological control agents, such as
predators, parasites, and disease-producing organisms, must have a PCB
license.

Persons engaged strictly in cultural practices to control a pest (cultivating,


discing, or hoeing fields for weed control) do not require a PCB license.

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Pest Control Business Interpretation Scenarios, Continued

Business, Interprets FAC section 11701


defined
Historically, DPR has defined "business" in terms of having an "at risk"
ownership in what is being treated or protected. In the mid-1970s, DPR set
5% as the level of ownership to meet the definition of or to qualify as a
business. This was principally related to closed systems, rather than licensing,
but is the only standard ever adopted. DPR has applied this basic ownership
test to carrots (Grimmway and Bolthouse decisions), landscape installation
(treatments during warranty period), right-of-way holders (having an interest
in the right-of-way), and probably others over the years.

Providing goods or services (pest control services) for compensation (a fee


for service) constitutes a business. A person is not engaged in the "business"
of pest control when they treat or protect things they own, such as the
growing crop. They may own the crop even if they don't own the land upon
which it is being grown.

Chemical Interprets 3 CCR section 6524(a)


liability
“Chemical liability” means liability for personal injury and property damage
resulting from the use of pesticides, typically discovered immediately or
within a few days or few months following the pest control work.

Operator of the Operator of the property is defined in 3 CCR section 6000 as “a person who
property owns the property and/or is legally entitled to possess or use the property
through terms of a lease, rental contract, trust, or other management
arrangement.”

The term "operator of the property" is not related to the scope of PCB
licensing. That term does not appear in FAC section 11701. The activity
prohibited without a license by FAC section 11701 is "pest control business."

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Pest Control Business Interpretation Scenarios, Continued

Management Interprets FAC section 11701 and 3 CCR section 6000


firms
For purposes of this discussion, a "management firm" is a business that
provides operational assistance, support, or other activities on a "fee for
service" basis. Common examples include vineyard management companies
and golf course management companies. A management firm should not be
confused with a "partner" which has an ownership interest in the operation.

Management firms using pesticides within the scope of their operations have
long posed licensing challenges: are they considered the operator of the
property, a pest control business, or both? Phrased another way, when does
the activities of a management firm cross over into an activity that is a pest
control business, and therefore, requires a PCB license from DPR?

Management firms are required to hold a PCB license when the management
firm contracts with the owner or lessee of the property and performs services
that include pest control operations. The license would still be required even
though the management firm may not advertise or represent itself as doing
pest control. A separate charge for agricultural pest control would not have to
be made for the use to be considered advertising, soliciting, or operating as a
pest control business.

Fee exempt Interprets FAC section 11709


neighborhood
operator The purpose of the Fee Exempt (Neighborhood Operator) PCB license is to
allow equipment sharing and cooperation between neighboring growers and
to provide for pest control on small acreage and in areas where it is
economically unfeasible to hire a licensed PCB. It is not designed to allow a
grower to operate as a PCB in competition with licensed PCBs. The
relationship of the acreage and number of the neighboring parcels and the
intent must be considered in relation to the requestor's own farming operation
in order to determine whether the applicant qualifies for a fee exempt PCB
license.

Applicants complete the Pest Control Business License (DPR-PML-042)


application and check the appropriate box to request fee-exempt status. They
also submit the Fee Exempt Pest Control Business form (DPR-PML-006)
which includes supplemental information about their operations and the
location of their neighbor's property. The business license will indicate "fee
exempt" to avoid confusion.

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Pest Control Business Interpretation Scenarios, Continued

Fee exempt All other aspects of the fee-exempt pest control business license are similar to
neighborhood the regular pest control licensing procedures. The fee exempt operator must:
operator  Have financial liability insurance
(continued)
 Have a qualified individual to supervise all applications
 Register in the county
 Maintain records
 Comply with all other laws and regulations that pertain to pest control
businesses.

Foliar nutrient Individuals or firms who apply only foliar nutrient sprays as a service are not
spray required to have a PCB license, as these products are not pesticides (FAC
application section 12756). However, if a foliar nutrient spray product is intended for use
as a pesticide, registered as a pesticide, contains a pesticide, or is mixed with
a pesticide, then a PCB license is required.

Landscape Landscape contractors are generally responsible for replacing any plants that
contractors die within a warranty period. Therefore, they are considered to still have an
ownership interest in those plants. Any pest control is on property they "own"
and a license is not required.

If the contract is for more than one year or is renewed for continued
maintenance work, a PCB license would be required.

Landscape Pest control is sometimes done in conjunction with construction work such as
work at paving parking lots or driveways, establishing new landscape, or building
construction homes or other structures. If this is done by the contractor incidental to his/her
sites construction, a PCB license would not normally be required. In this situation,
the pest control is on property (ground, plants, or materials) considered to be
“owned” or “operated” by the contractor and incidental to the construction.

Firms regularly doing this kind of pest control as subcontractors to


construction or landscaping companies are required to be licensed.

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Pest Control Business Interpretation Scenarios, Continued

Livestock A business that services spray devices for fly control in commercial stables,
sprays and dairy barns, etc., must have either a PCB license or a structural pest control
spray device business license. Such services include the process of mixing and diluting the
dealers pesticide concentrate and cleaning, calibrating or otherwise servicing the
automatic spray device.

Maintenance Interprets FAC sections 11701 and 11704


gardeners and
landscape Gardeners and landscape maintenance companies, including indoor plant
services maintenance companies, must be licensed as a PCB if they use pesticides or
use other pest control methods to maintain the garden or landscaped areas.

The Maintenance Gardener Pest Control Business License can only be used
if the pest control work, including pesticide use, is incidental to the
maintenance activities. If the MG PCB is supervised by a QAC with
subcategory Q, only general use pesticides may be used under this
certification; restricted materials may not be purchased or used. If
maintenance gardeners wanted to use restricted pesticides they would need a
QAC or QAL in category B.

If maintenance gardeners or landscape maintenance companies engage in pest


control work separate from the maintenance gardening or landscape
maintenance activities, they must be licensed as “full” PCBs. This includes
“occasional” pest control work with a small hand-sprayer or hose-end sprayer
and the use of snail bait or pesticides provided by a homeowner if done as
part of the service. These situations are more than “incidental” use as
described in Section 4.2 above.

Whether or not an itemized charge is made for the pest control work has no
bearing on the licensing requirement. A maintenance gardener who maintains
a supply of pesticides shows evidence of offering pest control as part of
his/her service.

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Pest Control Business Interpretation Scenarios, Continued

Packing houses Processors (packing houses, hullers, driers, etc.) applying pesticides (such as
and other fungicides or fumigants to fruits, nuts, grains, or vegetables) must be licensed
processors as PCB if, at the time of treatment, the commodity is owned by the other
party and pest control is part of the service provided for compensation. This
also includes fungicides or insecticides applied to seeds if it is more than
incidental to the regular business (i.e., a company who is in the business of
treating seed).

A cooperative is owned by its members and if it handles only commodities


from members a license would not be required.

Structural A business that services spray devices in locations such as restaurants,


sprays and offices, etc., requires a structural pest control business license (B&PC section
spray device 8552). Such services include the process of mixing and diluting the pesticide
dealers concentrate and cleaning, calibrating, or otherwise servicing the automatic
spray device. If you find a company in violation of this section, refer the
information to the Structural Pest Control Board.

Swimming pool Interprets FAC section 11531(c)


service
companies Persons engaged in the business of servicing swimming pools with a pesticide
are exempt from the licensing requirement and are not required to obtain a
PCB license. Worker safety requirements must still be followed. Additionally,
the company must still follow the requirements of the local health department
relative to the safe use of chlorine in the swimming pool.

Vertebrate pest Interprets FAC section 11531(e)


control
Trappers engaged in the business of controlling vertebrate pests in areas
outside of structures must be licensed as a PCB. Division 6, Pest Control
Operations (except Chapter 6 starting with FAC section 12001) does not
apply to any person while engaged in live capture and removal or exclusion
of vertebrate pests, bees, or wasps, without the use of pesticides. Vertebrate
pests include bats, raccoons, skunks and squirrels, but not mice, rats, or
pigeons. This section does not exempt a person from the provisions of
Chapter 1.5, Division 3, of the California Fish and Game Code.

Continued on next page

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Pest Control Business Interpretation Scenarios, Continued

Woodcutting: Interprets FAC section 11701


incidental pest
control Pest control is sometimes done in conjunction with woodcutting activities,
such as a woodcutter who simply harvests a tree and then treats the stump
with a pesticide. Examples include a growth inhibitor or herbicide soon after
to control the re-sprouting of the stump or a fungicide applied to prevent root
disease. This activity is generally exempt from requiring a pest control
business license, regardless of the intent of the landowner for future use of the
site. (This is an extension of the intent of the exemption provided for those
individuals engaged in tree surgery in FAC section 11710.)

However, the PCB license exemption above is nullified if any of the


following are true:

 Per FAC section 11701, if the woodcutter or logging contractor is


advertising that it will apply pesticides, soliciting pest control for hire or
operating as a pest control business, the woodcutter or logging contractor
needs to be licensed by DPR as a PCB.
 If stump treatment takes place after a reasonable amount of time has
passed from tree harvest and stump treatment this application would no
longer be “incidental” to the harvest and a PCB license is required. For
example, if the logging crew moves to another area within the harvest or
leaves the site, and another crew arrives later to treat the stumps.
 If the woodcutter or logging contractor hires a sub-contractor to apply
pesticides, the sub-contractor is required to be a PCB licensed by DPR.

The removal of trees or brush with pesticides as a service, which might


include all or some of the wood in payment, primarily to promote timber or
grass production or other use, is considered pest control for hire. Therefore, a
person engaged in this type of work is required to have a PCB license.

See also Chapter 4, Section 3 Operator ID and Site ID numbers.

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Pest Control Business Interpretation Scenarios, Continued

Wood, The service of treating utility poles, fence poles, railroad ties, or wood with
in-ground pole, pesticides to control or prevent wood destroying pests is considered pest
railroad tie control and requires a pest control business license. The pest control category
treaters, wood for the QAL is Subcategory L, Wood Preservatives.
treatment and
wood
A business that applies preservative pesticides to wood in a permanent
preservative
treatment plant is exempt from the pest control business license (FAC section
11531). Such treatments include the use of pesticides in the manufacture of
utility poles, fence posts, stakes, etc. If the pesticide requires supervision of a
certified applicator a QAL or QAC is still required.

Any treatment to existing structures is considered structural pest control.

See also Section 3.1 Pest Control Dealer Interpretation Scenarios and
Section 7 Private Applicator Certificate.

Work orders See Section 2.2 Interpretation of agricultural PCA scenarios.


vs.
recommenda-
tions

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Pest Control Business Interpretation Scenarios, Continued

Pest Control Equipment Rental

Basic principles A company that only sells, leases, or rents pest control equipment is not
required to be licensed as a PCB. It may do initial setup and calibration of the
equipment. Maintenance or repairs (changing oil, fueling, replacing spark
plugs, fixing a flat tire, etc.) required to keep the equipment running and are
not related to pest control may also be performed. Any further calibration or
"in-field" adjusting would require a PCB license.

Note: If an employee works with or contacts equipment potentially


contaminated with pesticides, the employee must be trained as a handler.

A PCB license is required of all persons who lease, rent, or provide pest
control equipment and who mix and dilute the pesticide concentrate, or clean,
calibrate, or otherwise service the equipment on the renter's property. When
this service is provided as part of a lease or rental agreement, the service is
covered by a part of the fee.

If the only service provided is mechanical repair and initial calibration


performed on the property of the person who owns the equipment, a PCB
license is not required.

If the spray equipment is loaned and the above-described services are


provided at no cost, a PCB license is not required.

Occasionally, an equipment owner will provide an operator (applicator) along


with the equipment. If the equipment owner pays the operator's salary and
worker's compensation, the owner would have to be a licensed PCB. The
equipment owner is not required to be licensed if the renter of the equipment
pays the operator’s salary and compensation.

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Pest Control Business Interpretation Scenarios, Continued

Mold Remediation

Background The Structural Pest Control Board (SPCB) position regarding SPCB licensees
is that, "Molds and mildew are not structural pests and do not fall within the
scope of our licensees identification activities. Licensed structural pest control
operators and field representatives are not required to identify and report the
presence of molds and/or mildew. They are required to report conditions that
may foster molds and/or mildew growth. Examples of these conditions are,
but are not limited to: shower leaks, roof leaks, plumbing leaks and other
excessive moisture conditions within or under structures.6"

SPCB licensing The SPCB interprets B&PC section 8505 as not applicable to mold
requirements remediation, and therefore, SPCB licensing is not required of companies
doing this work.

Based on EPA's assessment, DPR finds that businesses using pesticides to


eliminate or control mold or fungi pest invasions/infestations such as on
exterior stucco walls, interior dry wall/wallboard, and ceilings in residences
and other structures should be licensed with the SPCB. However, DPR
acknowledges SPCB's authority to interpret the B&P Code.

U.S. EPA U.S. EPA has issued various publications regarding mold in homes and other
publications on structures. They make various statements about mold and the damage it can
mold and cause; for example stating "… mold may be in places such as drywall,
mildew wallpaper, paneling, inside walls around pipes, the surface of walls behind
furniture, inside ductwork, and in roof materials." and that "Mold damages
what it grows on. The longer it grows, the more damage it can cause …."

Continued on next page

6
Letter July 25, 2001 from Chief Enforcement Officer, Structural Pest Control Board, Identification and
remediation of molds and mildews by structural pest control licensees.

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Pest Control Business Interpretation Scenarios Continued

U.S. EPA In the U.S. EPA publication, Mold Remediation in Schools and Commercial
publications on Buildings, U.S. EPA states that "… one purpose of mold remediation is to
mold and prevent damage to building materials. Molds gradually destroy the things they
mildew, grow on …. Mold growth can eventually cause structural damage to a school
(continued)
or large building …. In the case of a long-term roof leak, for example, molds
can weaken floors and walls …." To view the entire document, go to the U.S.
EPA web page at http://www.epa.gov/mold/mold_remediation.html.

DPR licensing DPR finds that businesses doing mold remediation are exempt from an
requirements agricultural pest control business license pursuant to FAC section 11531(a).
DPR does, however, apply pesticide registration and use requirements to
mold remediation.

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Section 5
Pest Control Aircraft Pilot

Who needs the Any individual who operates any aircraft for the purpose of pest control. This
pest control includes the following (FAC section 11901):
aircraft pilot  Pilots employed by a licensed pest control business.
certificate
 Pilots employed by vector control agencies or regions.
(PCAPC)
 Pilots who do pest control on their own property (private applicators).

Starting in 2018, there will be a change in the law for Unmanned Aerial
System (UAS) pilots and vector control technician UAS pilots. This section
(and Section 5.2) will be updated as more guidance is provided to CACs.

Apprentice There are two levels of PCAPCs in California that allow individuals to apply
pilot and pesticides by aircraft – the apprentice pilot (AP) certificate and the
journeyman journeyman pilot (JP) certificate.
pilot certificates
Apprentice Pilot
California law requires that any individual who applies pesticides by air must
first serve as an apprentice pilot for one year (FAC section 11907) and meet
other requirements as specified below. This applies even though the pilot may
have considerable aerial pest control experience in other states.

An apprentice pilot may only conduct pest control activities under the direct
and personal supervision of an individual who holds a journeyman's
certificate (FAC section 11909).

Journeyman Pilot
A journeyman's certificate shall be issued to an applicant who:
1. Currently holds an apprentice certificate, submits all required
information and fees to DPR, and passes a written examination, or
2. Has held a journeyman's certificate within the previous two calendar
years.

In addition, the journeyman pilot applicant must have operated a fixed-wing


aircraft for a minimum of 150 hours or a nonfixed-wing aircraft (helicopter)
for a minimum of 50 hours.

Pest Control Businesses that perform pest control using an aircraft must
employ an individual who holds a valid journeyman PCAPC. (FAC section
11901).

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Pest Control Aircraft Pilot, Continued

What's An applicant for an apprentice pilot certificate must:


required to 1. Submit a completed Aircraft Pilot Pest Control Certificate
obtain a pest Application, DPR-PML-005. (FAC sections 11903 and 11502.5(b))
control aircraft 2. Submit proof of a valid Federal Aviation Administration (FAA)
pilot certificate Commercial Pilot Certificate, or if spraying his/her own property, a
valid FAA Private Pilot Certificate. (FAC section 11901)
3. Submit proof of a valid FAA Medical Certificate. (FAC section
11901)
4. Submit an initial application fee.
5. Submit an examination fee for each examination to be taken.
6. Pass the Laws and Regulations and the Apprentice Pilot
Examinations. (FAC section 11905)

An applicant for the journeyman pilot certificate must:


1. Submit a completed Aircraft Pilot Pest Control Certificate
Application, DPR-PML-005. (FAC sections 11903 and 11502.5(b))
2. Submit proof of a valid FAA Commercial Pilot Certificate, or if
spraying his/her own property, a valid FAA Private Pilot Certificate.
(FAC section 11901)
3. Submit proof of a valid FAA Medical Certificate. (FAC section
11901)
4. Submit proof that within the last two years, served as either a:
 California JP (FAC section 11906); or
 AP for one year, and a Pest Control Aircraft Pilot Statement of
Supervision and Apprentice by Journeyman form (DPR-PML-
010) and have at least 150 hours in a fixed wing aircraft or at
least 50 hours in a helicopter. (FAC section 11907)
5. Submit the examination fee for the Journeyman Pilot Certificate
Examination.
6. Pass the Journeyman Pilot Certificate Examination. (FAC section
11905)

An apprentice pilot may submit more than one Statement of Supervision and
Apprentice form to meet the requirements for the Journeyman Pilot
Examination. This information must be documented by the signature of the
journeyman pilot(s) responsible for supervision of the apprentice pilot's flying
time in pest control activities.

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Pest Control Aircraft Pilot, Continued

Requirements Once licensed, the apprentice pilot or journeyman pilot must:


once licensed  Accumulate at least 20 hours of approved continuing education every
two years before certificate renewal. Of the 20 hours, at least four
hours pertaining to pesticide laws and regulations and at least four
hours pertaining to aerial pest control equipment and application
techniques must be included. (3 CCR section 6511(a))
 Register with the CAC in each county where aerial pest control is
performed. (FAC section 11921)

Supervision of FAC section 11909 prohibits an apprentice pilot from operating a pest control
apprentice aircraft without the direct and personal supervision of a journeyman pilot. To
pilots promote uniformity among the various situations where supervision is
required, DPR policy regarding apprentice supervision is that the standards
for supervision of non-certified applicators should apply. (3 CCR section
6406)

The journeyman pilot must be aware of conditions at the application site and
be available to direct and control the application. The actual or potential
hazards or sensitivity of the application must be considered in determining
how close or available the journeyman pilot must be.

In some cases, it may be necessary that the supervising journeyman pilot be


"on site" while the application is taking place. In all cases, the apprentice pilot
must be able to contact the supervising journeyman pilot immediately.

Medical If the journeyman pilot is not medically cleared to fly (does not provide proof
certificate and of a current FAA Medical Certificate), the journeyman pilot cannot apply
supervision pesticides by air. However, the journeyman pilot may continue to supervise
and communicate with other pilots employed by the PCB.

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Section 5.1
County Registration of Pest Control Aircraft Pilots

County Prior to conducting pest control operations in any county, all pilots must
registration of register with the CAC (FAC section 11922). Registration is not required if the
pilots pilot is only involved in agricultural operations such as seeding or fertilizing.

Review the pilot's pest control performance record for the past year. Discuss
any problems with the pilot and ask what mitigating measures will be taken to
avoid repeat problems. A letter may be used if registering by mail.

Apprentice pilots must list the names of journeymen pilots who will supervise
them. The journeyman named on the form must be currently registered in that
county. (FAC section 11909)

In-person Be sure the PCAPC issued by DPR is valid for the year the applicant is
county registering or check DPR’s list of valid licenses at:
registration http://www.cdpr.ca.gov/docs/license/currlic.htm.

1. Using the reproduction template (Appendix A), the CAC can make its
own form for registering the Pilot, as long as it contains the
information from Pest Control Aircraft Pilot Registration form (DPR-
PML-009). Check the registration form for completeness.
2. Check for an appropriate and valid FAA commercial pilot’s certificate
and a current medical certificate. The medical certificate is valid for
only one year after the date of issuance. Make a copy and attach it to
your copy of the pilot's completed county registration form.
3. Collect a registration fee, if charged by your county.
4. The CAC or authorized person should sign and date the form.
5. Keep the original for county records, and provide the applicant a copy
of the registration form.

If necessary, process the registration forms the applicant needs to register in


additional counties. Do not sign them. Give the forms to the applicant to send,
with a reminder that other counties may require fees for registration.

Review county policies and regulations (or mail the information) with the
applicant.

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County Registration of Pest Control Aircraft Pilots, Continued

Registration by 1. Check the Pilot’s home county registration form for completeness.
mail 2. Check the completed form to make sure the license is valid for the year
the applicant is registering.
3. Make sure the appropriate fee (if one is required) accompanies the form.
4. Check the records to see if the applicant previously registered in the
county and if there were any problems.
5. The CAC or authorized person should sign and date the form.
6. Keep the original for county records, and provide the applicant a copy of
the registration form.
7. Provide a list of current county policies and regulations.

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Section 5.2
Pest Control Aircraft Pilot interpretation Scenarios

Introduction This section contains interpretations and descriptions of some situations and
scenarios to help make licensing determinations.

Private pilots Pilots performing pest control on their own property are required to be
certified as pest control aircraft pilots. If beginning as an apprentice, they
must have a certified journeyman pilot provide the required supervision.
(FAC section 11901)

Vector control Pilots employed by public agencies, such as vector control districts, must be
district pilots certified and meet the same supervision requirements as the private pilots
above.

Unmanned An unmanned aircraft system (UAS) is comprised of two parts:


aircraft systems 1. an unmanned aerial vehicle (UAV) without a human pilot onboard,
which is
2. controlled from an operator (the pilot) on the ground.

Assembly Bill 527 (Caballero), Chapter 404, Statutes of 2017, was signed
into law on October 2, 2017. It amended FAC sections 11901, 11902, 11905,
and 11910 and added section 11902.5, the FAC for licensing requirements for
UAS pilots and UAS vector control technicians.

DPR is studying requirements related to UAS applying pesticides. This


section will be updated as more guidance is provided to CACs.

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Section 6
Qualified Applicator License and Qualified Applicator
Certificate

Introduction DPR issues licenses and certificates to businesses and individuals to perform
pest control. This section describes requirements for two types of commercial
applicators: Qualified Applicator Licenses (QAL) and Qualified Applicator
Certificates (QAC).

Qualified Applicator License (QAL)

Who needs the Any individual who supervises the application of either a restricted use or a
qualified general use pesticide made by a licensed pest control business, and is
applicator responsible for the safe and legal operation of the pest control business. (FAC
license (QAL) sections 11701-11709)
OR,
Any individual who uses or supervises the use of federally restricted use
pesticide or California restricted material for any purpose or on any property
other than that provided by the definition of a "private applicator." (3 CCR
section 6000)

What's An applicant for a qualified applicator license must:


required to 1. Submit a completed Qualified Applicator License Application, DPR-
obtain the QAL PML-001. (FAC section 12201)
2. Submit an initial application fee and an examination fee for each
examination to be taken. (FAC sections 12201 and 11502.5)
3. Pass the Laws and Regulations examination and at least one pest
control category examination.

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Qualified Applicator License and Qualified Applicator


Certificate, Continued

Pest control The pest control categories and subcategories available for the QAL (FAC
categories section 12203):
under the QAL A. Residential, Industrial, and Institutional
B. Landscape Maintenance
C. Right-of-Way
D. Plant Agriculture
E. Forest
F. Aquatic
G. Regulatory
H. Seed Treatment
I. Animal Agriculture
J. Demonstration and Research
K. Health-Related
L. Wood Preservative
M. Antifouling Tributyltin
N. Sewer Line Root Control
O. Field Fumigation
P. Microbial Pest Control

Continuing Interprets 3 CCR section 6511


education
Once licensed, a QAL shall accumulate continuing education hours to renew
the license. These hours must be collected while the license is valid before
certificate renewal:
 A QAL holder with only subcategories M, N or P needs only 8 hours
of approved continuing education (including at least two hours
pesticide laws and regulations). A QAL holder with only category H
needs 4 hours (including at least two hours laws and regulations)
 For all other categories, the QAL holder needs at least 20 hours of
approved continuing education. Four of the 20 hours must cover the
topic of pesticide laws and regulations.

Maintenance If the maintenance gardener does not apply any pesticides, then a
gardener that maintenance gardener business license and an individual qualified applicator
does NOT certificate or license is not required from DPR; however, be sure the applicant
apply pesticides checks local licensing requirements.

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Qualified Applicator License and Qualified Applicator


Certificate, Continued

Qualified Applicator Certificate (QAC)

Who needs the Any individual who uses or supervises the use of federal restricted use
qualified pesticides or California restricted materials for any purpose or on any
applicator property other than that provided by 3 CCR section 6000 definition of
certificate "private applicator."
(QAC)
This certificate is also required by anyone who is in the business of
maintenance gardening and performs pest control that is incidental to such
business. In this situation, the qualified applicator certificate holder must
possess the landscape maintenance pest control category (Category B) or the
maintenance gardener pest control category (Subcategory Q) on their
certificate, and must also obtain a Maintenance Gardener Pest Control
Business License.

What's An applicant for a qualified applicator certificate must:


required to 1. Submit a completed Qualified Applicator Certificate Application,
obtain the QAC DPR-PML-001A. (FAC section 14152)
2. Submit an initial application fee and an examination fee for each
examination to be taken. (FAC sections 14152 and 11502.5)
3. Pass the Laws and Regulations examination (except Subcategory Q)
and at least one pest control category examination.

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Certificate, Continued

Pest control The pest control categories and subcategories available for the QAC (FAC
categories section 14153):
under the QAC A. Residential, Industrial, and Institutional
B. Landscape Maintenance
C. Right-of-Way
D. Plant Agriculture
E. Forest
F. Aquatic
G. Regulatory
H. Seed Treatment
I. Animal Agriculture
J. Demonstration and Research
K. Health-Related
L. Wood Preservative
M. Antifouling Tributyltin
N. Sewer Line Root Control
O. Field Fumigation
P. Microbial Pest Control
Q. Maintenance Gardener

Requirements Interprets 3 CCR section 6511


when licensed
Once licensed, a QAC must accumulate continuing education hours to renew
the license. These hours must be collected while the license is valid before
certificate renewal:
 A QAC holder with only subcategories M, N, P or Q need only 8
hours of approved continuing education (including at least two hours
pesticide laws and regulations). A QAC holder with only category H
needs 4 hours (including at least two hours laws and regulations)
 For all other categories, the QAC holder needs least 20 hours of
approved continuing education. Four of the 20 hours must cover the
topic of pesticide laws and regulations.

Maintenance If the maintenance gardener does not apply any pesticides, then a
gardener that maintenance gardener business license and an individual qualified applicator
does NOT certificate or license is not required from DPR; however, be sure the applicant
apply pesticides checks local licensing requirements.

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Section 6.1
QAL and QAC Categories

Introduction The following is intended to assist CAC staff with general information to help
pest control applicators identify the most appropriate category for the type of
pest control they will be conducting and to properly enforce business
supervision licensing requirements. See also Section 10 Quick Reference
Charts.

These pest control applicator categories apply to both qualified applicator


licenses and qualified applicator certificates with the exception of the
Maintenance Gardener certificate (Subcategory Q).

Category A, This category includes the use of pesticides in and around human dwellings,
Residential, industrial establishments (including packing plants, manufacturing and
Industrial, and processing plants, warehouses, grain elevators, and factories), or institutions
Institutional (including schools, hospitals, and office buildings). Non-landscaped outside
areas (such as storage yards or tank farms) directly related to the operation of
the building may also be treated under this category.

Structural pest control as a business is not allowed within the scope of this
category. Structural pest control businesses are licensed by the Structural Pest
Control Board.

This category does not allow the use of pesticides for landscape maintenance
(see Category B, Landscape Maintenance) or treatment to control or prevent
insects or fungi from infesting wood (see Subcategory L, Wood
Preservation).

Category B, This category includes the use of pesticides to establish or maintain natural or
Landscape planted ornamental and turf landscape areas and other outside areas around
Maintenance buildings. Typical areas included in this category are residential yards
(including home gardens and orchards), parks and other recreation areas,
schoolyards, vacant lots, storage yards, cemeteries, golf courses, green belts,
and similar sites. It may also include landscaped street medians and sidewalk
areas, and also areas such as walkways and parking lots directly related to
landscaped areas. This category also includes the use of pesticides in
landscaped areas in enclosed shopping malls, and indoor plants.

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QAL and QAC Categories, Continued

Category C, This category includes the use of pesticides in the maintenance of roads,
Right-of-Way highways, power lines, telephone lines, pipelines, canals, railroads, or other
similar areas except for direct application to running or standing water. It may
include landscaped right-of-way areas.

This category does not allow wood treatment to control termites or


fungi-infested wood. Subcategory L is the proper category for those
treatments.

Category D, This category includes the use of pesticides in the production of food, fiber,
Plant or ornamental crops as well as on grasslands and non-crop agricultural areas
Agriculture except when directly applied to running or standing water. It includes
applications to rice and similar crops grown in wet or flooded fields.

Category E, This category includes the use of pesticides in forests, forest nurseries, and
Forest forest seed-producing areas except for direct application to running or
standing water.

Category F, This category includes the use of pesticides purposefully applied to standing
Aquatic or running water except for health-related, regulatory, demonstration and
research, sewer line root control purposes, or applications to rice or similar
crops grown in wet or flooded fields.

Category G, This category includes the use of pesticides in official programs for the
Regulatory control of regulated pests. “Regulated pest” means a specific organism
considered by a State or federal agency to be a pest, requiring regulatory
restrictions or control procedures in order to protect the host, public, or the
environment.

This category is not required of contractors who apply pesticides provided


that they hold all categories necessary to cover the types of pest control to be
done. Additionally, this category is not required of any individual as long as
he/she holds specific categories covering the types of pest control being done
even though the pests may coincidently be regulated pests.

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QAL and QAC Categories, Continued

Category H, This category includes the use of pesticides to protect seed for planting.
Seed Treatment

Category I, This category includes the use of pesticides on animals and to places where
Animal animals are confined except when applied directly to running or standing
Agriculture water. Barns, sheds, and corrals can be treated under this category to control
animal-infesting pests. Treatment to control termites or other pests infesting
barn or corral wood are under Subcategory L or a structural license.

Category J, This category includes individuals who demonstrate proper techniques of


Demonstration application or conduct field research with pesticides. This category is not
and Research required of applicators who demonstrate proper techniques provided they all
hold specific categories covering the types of pest control being done.
Additionally, licensing is not required of contractors who apply pesticides for
research provided that the appropriate specific category is held. Note that a
Research Authorization (RA) may also be required for those doing
experimental pesticide applications.

Category K, This category includes use of pesticides in official programs for management
Health-Related and control of pests having medical and public health importance.

Subcategory L, This subcategory includes the use of pesticides to protect wood from
Wood wood-damaging pests. This subcategory allows application of wood
Preservation preservation materials within the scope of Categories A (Residential,
Industrial, and Institutional), C (Right-of-Way) or I (Animal Agriculture).

Subcategory M, This subcategory of Category A (Residential, Industrial, and Institutional)


Antifouling allows the use of antifouling paints or coatings containing tributyltin (a
Paints or restricted use pesticide) to control the growth of aquatic organisms on the
Coatings hulls of ships. Although a vessel may be considered a structure, a structural
Containing license cannot be used to treat vessels with tributyltin. The sole licensing
Tributyltin
authority to certify the individual who is using or is responsible for the
supervision of the use of antifouling tributyltin paint lies with DPR.

Note: As of October 2017, there are no tributyltin products with active


registration in California.

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QAL and QAC Categories, Continued

Subcategory N, This subcategory of Category A (Residential, Industrial, and Institutional)


Sewer Line allows the use of pesticides, or certain substances, methods, or devices to
Root Control control roots in sewer lines.

Subcategory O, This subcategory allows the use of restricted use fumigants to control pests in
Field field soil only. It is mandatory for all PCB-applied field fumigations (3 CCR
Fumigation section 6536). Holding this category also exempts the individual from having
to complete additional training on the fumigant required by labels. This
category does not include fumigation of potting soil, soil in greenhouses, or
tree/vine hole sites.

For more information, see Licensing Requirements for Field Fumigant


Applications at http://www.cdpr.ca.gov/docs/emon/vocs/vocproj/lic_req.htm.

Subcategory P, This subcategory of Category A allows the use of sulfur dioxide fumigant to
Microbial Pest treat corks and wooden barrels used in wine production, disinfection of
Control potable water systems, industrial cooling towers and evaporative condensers,
and other settings in pesticide labeling.

Subcategory Q, This subcategory of Category B (Landscape Maintenance) allows the


Maintenance incidental use of general use pesticides, or certain substances, methods, or
Gardener devices to control pests in landscape areas for hire only under the scope of a
maintenance gardener pest control business license. Subcategory Q is only
available under the QAC, and QACs possessing only Subcategory Q cannot
purchase or use federal restricted use pesticides or California restricted
materials.

Maintenance gardening activities include mowing lawns, engaging in general


yard cleanup, and/or taking care of plants and turf and the incidental
application of general use pesticides in:
 Outdoor ornamental and garden areas surrounding public structures, such
as buildings, brick walls, fountains, fences, statues;
 Outdoor ornamental and garden areas surrounding commercial parks,
such as, offices, restaurants, warehouses, factories, stores, shopping
centers, malls;
 Parks, golf courses, cemeteries, but only on ornamental or turf plantings
near buildings (clubhouses, pro shops, restrooms) that are distinct and
separate from the plantings that constitute open space landscaping.

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Section 6.2
QALs/QACs and “Not for Hire” Supervision of Restricted
Pesticides
Interprets FAC section 14015 and 3 CCR sections 6000, 6406 and 6428

Background State law requires a “commercial applicator” to be licensed in the correct


category when performing pest control for hire as part of a licensed pest
control business (see FAC section 11705).

State law (FAC section 14015) also requires that restricted materials “only be
possessed or used by, or under the direct supervision of” a private or
commercial applicator. These California restricted materials (RMs) are found
in 3 CCR section 6400 and include federal restricted-use pesticides (RUPs).

Licensing The prospective licensee must pass the pesticide laws and regulations exam
provided by DPR to obtain the QAL or QAC*. This exam is more rigorous
than the exam taken by private applicators.

In addition, the applicant must pass at least one category. It is most logical to
study for the exam in the applicant’s chosen field (i.e., a golf course
superintendent would want to study for the Category B exam).

Interpretation Subject to the restrictions (*) below, if an individual will use or supervise the
use of RUPs or RMs on property owned, leased or rented by him/her or
his/her employer, this individual can be issued the restricted materials permit
(RMP) or operator identification number (OIN) and/or be the supervising
certified applicator if the individual:

1. Has a valid QAL or QAC* issued by DPR, and


2. The applications are not “for hire,” that is the individual is not
conducting applications as part of activities for which licensing as a
PCB is required (for example, not an employee of a vineyard or golf
course management company)

An individual with a valid QAL or QAC* includes the required laws and
regulations needed to issue the OIN or RMP and purchase, use or supervise
these use, regardless of the category held by the individual.

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QALs/QACs and “Not for Hire” Supervision of Restricted


Pesticides, Continued

*Restrictions There are restrictions on what a QAL/QAC holder can purchase and use:
1. The purchase/use is related to activities of a pest control business. In
those instances, the “commercial applicator” is limited to purchasing
and using pesticides within the scope of the category(ies) on the
license (FAC section 11705).
2. QAC holders with subcategory Q are not certified applicators and
cannot purchase, use, or supervise the use of RUPs or California
restricted materials (3 CCR section 6531).
3. If the purchase/use is related to field fumigation, then category “O” is
required (3 CCR section 6536).

Examples Examples include:


 Production Ag: A permit applicant with a property growing an
agricultural commodity with a valid QAL or QAC does not need
Category D to be issued a production ag RMP or OIN.
 Golf course: A superintendent on a golf course (not operated by a
management company) with a valid QAL or QAC does not need to
have Category B to be issued a RMP or OIN for the course.
 Winery: An individual holding a valid QAL or QAC does not need to
have Categories A or P to supervise the use of sulfur-dioxide in a
winery and can be issued the OIN for the facility.
 Employees of a health department do not need to have Category K to
use or supervise the use of pesticides for medical or public-health
importance.
Notwithstanding the above, CACs should evaluate each situation and ensure
that the use of restricted pesticides is adequately supervised following the
guidance found in Compendium Volumes 4 and 8.

Note U.S. EPA on January 4, 2017, proposed amendments to 40 CFR part 171—
Certification of Pesticide Applicators. These changes were subsequently
delayed by U.S. EPA until May 22, 2018, and may undergo revision.

The regulation, as adopted, would have required a certified applicator (private


or commercial) when supervising the use of a restricted pesticide by a non-
certified applicator to be certified in each category applicable to the
supervised pesticide use. Should 40 CFR part 171 be revised in the future,
DPR will update CACs on those changes.

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Section 7
Private Applicator Certificate (PAC)

Who needs the Interprets 3 CCR section 6000


PAC
 An individual who uses or supervises the use of a restricted use pesticide
or California Restricted Material for the purpose of producing an
agricultural commodity7 on property owned, leased, or rented by that
individual or the individual’s employer.
 A householder who uses or supervises the use of a restricted use pesticide
or California Restricted Material outside the confines of a residential
dwelling for the purpose of controlling ornamental, plant or turf pests on
residential property owned, leased, or rented by that householder.

Additional For detailed information on Private Applicators, please see Compendium


information Volume 3, Restricted Materials and Permitting, Chapter 4, Private Applicator
Certification.

Property The definition of "private applicator" from 3 CCR section 6000 allows
management applications on property the private applicator leases or rents, or works as an
company employee of the owner, lessor, or renter of the property. The definition does
not include the person(s) managing the property under a management
agreement. See the section on Management Firms in Section 4.4 above.

Wine barrels Wine barrels and corks are not an “agricultural commodity.” The PAC does
and corks not cover the application of sulfur dioxide (SO2) in commercial processing of
wine (barrels or corks). A QAL or QAC is required for this industrial use. See
DPR’s SO2 flier at: http://www.cdpr.ca.gov/docs/dept/factshts/so2.pdf

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7
As defined by 40CFR section 171.2(a)(5) on July 1, 2013: any plant, or part thereof, or animal, or animal product,
produced by a person (including farmers, ranchers, vineyardists, plant propagators, Christmas tree growers,
aquaculturists, floriculturists, orchardists, foresters, or other comparable persons) primarily for sale, consumption,
propagation, or other use by man or animals.

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Private Applicator Certificate (PAC), Continued

In-ground pole, Pesticides can be used to treat utility poles, fence poles, railroad ties, or wood
railroad tie to control or prevent wood destroying pests. A householder looking to use a
treaters, wood restricted use pesticide as a wood preservative would not meet the definition
treatment and of “private applicator” in 3 CCR section 6000 and must instead obtain a QAC
wood or QAL.
preservation

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Section 8
Farm Labor Contractor (FLC)

Who needs the The law considers the following individuals or organizations “farm labor
FLC license? contractors”:
 any person/legal entity who, for a fee, employs people to perform
work connected to the production of farm products to, for, or under
the direction of a third person.
 any person/legal entity who recruits, supplies, or hires workers on
behalf of someone engaged in the production of farm products and, for
a fee, provides board, lodging, or transportation for those workers, or
supervises, times, checks, counts, weighs, or otherwise directs or
measures their work, or disburses wage payments to these persons.
 A “day hauler” who is employed by a farm labor contractor to
transport, or who for a fee transports, by motor vehicle, workers to
render personal services in connection with the production of any farm
products to, for, or under the direction of a third person.

Exemptions Farm labor contractor does not include:


from the FLC  A commercial packing house engaged in both the harvesting and the
license packing of citrus fruit or soft fruit for a client. (Labor Code (LC)
section 1682.4)
 A “nonprofit” corporation or organization performing services for its
members (LC section 1682.5(a))
 Individuals who are actually employees and not independent
contractors (LC section 1682.5(b))
 Custom harvesters (DIR Guidance)

Verifying if the Use the online FLC license verification database at:
FLC is licensed <https://permits.dir.ca.gov/FLC_External/CreateVerificationSearchForm.do>

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Farm Labor Contractor (FLC), Continued

To become Department of Industrial Relations (DIR) Labor Commissioner’s Office’s


licensed in (also known as the Division of Labor Standard Enforcement [DLSE]) website
California explains the steps to become licensed and an explanation of how to fill out the
forms. Please see: <https://www.dir.ca.gov/dlse/Obtainalicense.html>

One of the steps is to have registered with the federal government as a FLC
and received a federal registration certificate. Please fill out the application at:
<https://www.dol.gov/whd/forms/fts_wh530.htm>

DLSE has an online system for applying for a license. Please visit
<https://www.dir.ca.gov/DLSE/FLC_new_license.htm>

New applicants must take an exam, and licensed FLCs are required to take the
exam every two years, or sooner if the FLC violated a law related to labor
contracting or at the request of the Labor Commissioner. Please see
https://www.dir.ca.gov/DLSE/FLC_Exams_and_Continuing_Education.htm

County LC section 1695(a)(8) requires a FLC to register annually with the CAC of
Registration the county or counties where the FLC has contracted with a grower or
growers.

LC section 1695(b) allows the board of supervisors of a county to establish a


registration fee.

One of the purposes of registering with the CAC is to provide an opportunity


to inform the FLC about field worker safety as it relates to pesticide use. For
example, there are regulations that require farm labor contractors to inform or
train their employees about the hazards of pesticides as it relates to them
working in fields.

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Section 8.1
FLC Interpretation Scenarios

Introduction This section contains interpretations and descriptions of some situations and
scenarios to assist CACs in determining when to contact the Department of
Industrial Relations (DIR) Labor Commissioner’s Office (also known as the
Division of Labor Standard Enforcement [DLSE]).

DIR-DLSE DIR-DLSE has authority to regulate FLCs and interpret the Labor Code and
jurisdiction determine who is or is not a FLC.

CACs conducting fieldworker safety inspections or illness investigations are


primarily looking for compliance with pesticide laws and regulations.
However, CAC or DPR staff may come across situations where the status of
the employer as a FLC is unclear or the CAC or DPR believes the employer
should be licensed as a FLC. In those cases, CAC or DPR staff should refer
the situation to DIR’s DLSE for a determination.

CAC staff can send an email to [email protected] and should get a response
the next business day. As an alternative, DLSE has two offices that handle
FLC licensing inquiries. CACs can contact the licensing units at DLSE’s
Fresno office at (559) 248-1893 or Oakland office at (510) 285-3399.

When contacting DLSE, CACs are requested to provide the following


information:
a) Legal entity name (sole proprietor, partnership, LLC, corporation) of
acting FLC (licensed or unlicensed)
b) Name of individual, partner, LLC member, corporate officer
c) Address of business if known
d) Grower information if any and address location (so DLSE’s
enforcement unit can stop by and check)
e) Phone number if known

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FLC Interpretation Scenarios, Continued

DIR-DLSE The nomenclature given to the operation or entity or the primary business of
interpretation the operation or entity is not the determining factor of whether an FLC license
is required. The issue is whether the entity performs any of the duties
described in Labor Code section 1682(b) for a fee. If a fee is paid and there is
no specific exclusion contained in the law, the entity is a FLC and must be
licensed.

Planting, An “agricultural employer” who provides ground preparation, planting


harvesting & harvesting, and/or other related services and also provides plants, fertilizer,
management equipment, expertise, labor, fuel, chemicals and other incidental materials.
This employer may receive in compensation:
 a percentage of the planting or harvest;
 a set dollar amount per ton harvested;
 a set dollar amount per acre prepared, planted, or harvested; or
 reimbursement of certain non-labor expenses plus one of the above
options
DLSE has interpreted that each of these results in employment for the benefit
of a third party (owners or lessees of the land), the compensation is a “fee” as
defined by LC section 1682(e) and thus the “agricultural employer” is
required to be licensed as a FLC.

Management In this scenario, there is agreement between the manager (i.e., a farm or
companies vineyard management company) and the owner for the manager to provide
the labor, equipment, materials and supplies and perform the farming duties.
Whether the manager would have to consult with the owner and keep the
owner advised on the status of the crop would not have any bearing on
whether the person or entity was a FLC. The management company would be
required to have a FLC license.

Continued on next page

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FLC Interpretation Scenarios, Continued

Sharing In this scenario, three growers have agreed that one of the growers will
employees employ all of the workers and perform all of the operations on the land owned
by all three growers. In this example, the employing entity must be licensed
as a FLC. DLSE found that the “employing entity” falls into the FLC
category inasmuch as that entity would employ workers to render personal
services in connection with the production of farm products under the
direction of a third person (the other two growers).

It does not matter that the employer may also employ those same workers on
his own land, the important consideration is the category of that employer
when he uses those employees to perform the described services on the land
of a third person or under the direction of a third person.

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Section 9
Structural Pest Control Licenses

Introduction Structural pest control applicators and businesses are required to obtain a
license or certificate to conduct pest control from the Structural Pest Control
Board (SPCB). The laws and regulations are in the Business and Professions
Code (B&PC).

The type of license or certificate required is dependent on what pest control


activity is being done, by whom, and in what setting.

Structural pest Structural pest control is defined in B&PC section 8505, in part, as follows:
control, defined ‘Structural pest control’ and ‘pest control’ as used in this chapter are
synonymous. With certain exceptions, it is, with respect to household
pests and wood destroying pests or organisms, or such other pests which
may invade households or other structures, including railroad cars, ships,
docks, trucks, airplanes, or the contents thereof, the engaging in, offering
to engage in, advertising for, soliciting, or the performance of, any of the
following: identification of infestations or infections; the making of an
inspection or inspections for the purpose of identifying or attempting to
identify infestations or infections of household or other structures by such
pests or organisms.

B&PC section 8555(b) exempts “persons engaged only in agricultural pest


control work under permit or license by DPR or a CAC.” However, this does
not mean that regulation under the Structural Pest Control Act may be
circumvented by performing structural pest control under an agricultural pest
control license.

Thus, both laws recognize that certain activities can be construed as either
“structural” or “agricultural” pest control, and the effect of the exemptions in
such cases is to require one or the other class of license, but not both.

Control of pests invading structures is strictly structural pest control, whether


carried on, within, or outside of the structure. Control for the purpose of
eliminating ants or earwigs as garden or orchard pests, or to assist in the
control of honeydew-producing insects, is strictly agricultural pest control,
even where treatment is applied adjacent to a structure, and incidentally
prevents invasion of the structure.

Continued on next page

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Structural Pest Control Licenses, Continued

Structural pest Any application of a pesticide to plants, irrespective of their location in


control, defined respect to a structure, is agricultural pest control, except for incidental contact
(continued) of foliage or plants with a pesticide arising from structural pest control
activities. Pesticide applications made to indoor plants in malls, offices, etc.,
would be agricultural pest control. Control of fleas, mosquitoes, and similar
pests to humans and their pets, in or around a structure, including treatment of
lawn areas nearby for fleas, is structural pest control.

Depending on the intent of the application, control of pests infesting a


structure and its contents is structural pest control. See also Section 10, Quick
Reference Charts.

Removal of live bees from a structure does not require a structural pest
control license. The use of a pesticide to destroy diseased bees in a structure
to prevent infection of an apiary, however, can be construed as agricultural
pest control.

Businesses that treat roofs with a pesticide(s) to control fungi, algae, bacteria,
etc., would require a structural pest control registration.

“License” vs The B&PC uses the term "register" when referring to the state licensing
“Register” procedure for structural pest control businesses. It uses the term “license”
when referring to the state licensing procedures for individuals. FAC sections
15204 and 15205 require licensed Structural pest control companies and
designated individuals to register with the CAC of each county where they
work.

Note: To maintain consistency between Sections 9, 9.1 and 9.2 and the rest of
this chapter, the term "license" is used to describe the state requirements and
"register" to refer to the county requirements.

Continued on next page

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Structural Pest Control Licenses, Continued

Categories of The SPCB licenses both businesses and individuals to perform specific types
structural pest or categories of structural pest control work. A company and individual may
control only perform work defined within each category for which they are licensed.
The following are categories of structural pest control (B&PC section 8560)
in which the company engages:
 Branch 1 - Fumigation
 Branch 2 - General Pest Control
 Branch 3 - Termite Control

Each structural pest control company must have a qualifying manager for
each category (branch) of pest control in which the licensed company is
engaged in business. (B&PC section 8560)

License period
and renewal SPC License Type License Period Renewal/Expiration Date
cycle
Company, Principle Lifetime N/A

Company, Branch Lifetime N/A

Operator 3 years June 30

Field Representative 3 years June 30

Applicator 3 years June 30

Restricted Interprets FAC section 14006.6(d)


materials sales
to Structural Restricted material permits are not required for licensed Structural Pest
Pest Control Control Businesses. This exemption applies only to pesticides used in
licensees structural pest control, such as methyl bromide, chloropicrin, and Avitrol.
However, structural pest control businesses are not exempt from applicator
certification requirements, and a copy of the license, certificate, or signed
statement required by 3 CCR section 6568(b) is still mandatory for the
purchase of federal restricted use pesticides.

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Section 9.1
Structural Pest Control Business Licenses

Who needs the A pest control company must be licensed (registered) with the SPCB if it:
business license  Secures structural pest control work.
 Submits bids for or contracts for structural pest control work.
 Identifies pest infestations or infections.
 Conducts inspections.

Exemptions  Public utilities operating under the regulations of the State Railroad
from the Commission (with certain specified exceptions). (B&PC section 8555(a))
business license  Persons engaged only in agricultural pest control work under permit or
license of DPR or a CAC. (B&PC section 8555(b))
 Pest control performed by persons on property owned, leased, or rented
by them. (B&PC section 8555(c))
 Government agencies, authorized representatives of an educational
institution or state or federal agency engaged in research or study of pest
control, or engaged in investigation or preparation for expert opinion or
testimony if not on their own behalf. (B&PC section 8555(d))
 Certified architects and registered civil engineers acting within their
professional capacity. (B&PC section 8555(f))
 Licensed contractors preserving wood. (B&PC section 8556)
 Persons engaged in live capture and removal of vertebrate pests, bees or
wasps without the use of pesticides (B&PC section 8555(g))

Qualifying Each structural pest control business must designate an individual or


manager individuals who hold a Structural Pest Control Operator’s license to act as the
qualifying manager or managers. The qualifying manager supervises the daily
business of the company and must be available to supervise and assist the
company’s employees.

The qualifying manager(s) must be licensed as a Structural Pest Control


Operator in one or any combination of the following categories of structural
pest control (B&PC section 8560) in which the company engages:
 Branch 1 - Fumigation
 Branch 2 - General Pest Control
 Branch 3 - Termite Control

Continued on next page

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Structural Pest Control Business Licenses, Continued

Qualifying There must be a qualifying manager for each category (branch) of pest control
manager in which the licensed company is engaged in business. (B&PC section 8610)
(continued)

What’s After an individual obtains an Operator’s license or is in the process of


required to obtaining an Operator’s license, a completed application form is submitted to
obtain the the SPCB. Once the company’s name is approved, the SPCB will mail a
company company registration packet to provide additional information and allow the
license company to pay the required fees.

See the SPCB’s website at <http://www.pestboard.ca.gov/howdoi/pr.shtml>


for the required forms and more information.

Branch offices Interprets B&PC sections 8611 and 8612

Each branch office must have a separate license. The structural pest control
company business shall submit a separate application for branch office
registration for each branch office location and pay the required fee.

The registered company must designate an individual licensed by SPCB to


supervise each branch office. The branch supervisor shall be an individual
who is licensed as a Structural Pest Control Operator or a Field
Representative. The branch supervisor shall be available to assist employees
in that office.

Requirements Once licensed, each principle and branch structural pest control business
once licensed must:
 Register with the CAC in each county where business is conducted.
(FAC section 15204(a) and/or 15204.5(a))
 Retain fumigation log or pesticide use records for three years. (16
CCR section 1970)
 Submit monthly summary pesticide use reports (B&PC section
8505.17(c)) or negative pesticide use reports (3 CCR section 6628(b))
by the 10th of the following month to the CAC.
 Each pesticide use report shall have a pesticide use stamp or stamp
number that is purchased from the SPCB. (B&PC section 8505.17)

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Section 9.2
Structural Pest Control Individual Licenses

Fingerprint As a consumer protection measure, the SPCB verifies the identity and the
(Live Scan) & accuracy of an applicant’s criminal history.
background
check All new applicants for a Structural Pest Control Operator (OPR), Field
Representative (FR), and Applicator licenses shall submit fingerprint
identification and undergo a background investigation.

The SPCB recommends that applicants complete the Live Scan/Fingerprint


process before taking the examination since the SPCB must receive the Live
Scan/Fingerprint results prior to issuing a license. The Live Scan/Fingerprint
process can take from two weeks to two months or more.

Continuing The applicant must provide proof of completing the required continuing
education education hours or pass a continuing education examination (and pay the
requirements required renewal fee) when renewing his/her license.
once licensed
The number and types of continuing education hours is dependent on the
branch(es) of license held. Information can be found on the SPCB website at
<http://www.pestboard.ca.gov/howdoi/renew.shtml>.

County Branch 1 structural pest control OPRs and FRs must register each calendar
registration year with the CAC’s office in each county in which fumigation work is
conducted. In-person or mail registration varies by county.

Structural pest control OPRs who serve as the qualifying manager for Branch
2 and Branch 3 pest control companies must also register each calendar year
with the CAC’s office in each county in which work is conducted.

Branch 2 and Branch 3 structural pest control applicators do not have to


register with the CAC’s office.

Continued on next page

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Structural Pest Control Individual Licenses, Continued

Structural Pest Control Operator (OPR) License

Who needs the Any individual who:


structural pest  Serves as the qualifying manager of a structural pest control company.
control  Secures structural pest control work, submits bids for, or contracts on
operator license
behalf of a structural pest control company.
 Identifies pest infestations or infections.
 Conducts inspections.

Exemptions  Public utilities operating under the regulations of the State Railroad
from the Commission (with certain specified exceptions). (B&PC section 8555(a))
structural pest  Persons engaged only in agricultural pest control work under permit or
control
license of DPR or a CAC. (B&PC section 8555(b))
operator license
 Pest control performed by persons on property owned, leased, or rented
by them. (B&PC section 8555(c))
 Government agencies, authorized representatives of an educational
institution or state or federal agencies engaged in research or study of pest
control, or engaged in investigation or preparation for expert opinion or
testimony if not on their own behalf. (B&PC sections 8555(d-e))
 Certified architects and registered civil engineers acting within their
professional capacity. (B&PC section 8555(f))
 Persons engaged in live capture and removal of vertebrate pests, bees or
wasps without the use of pesticides (B&PC section 8555(g))

What's To obtain an initial OPR license an applicant must:


required to 1. Complete the required “Board Approved Pre-Operator Courses”
obtain the 2. Complete the Live Scan/Fingerprint and Background Investigation
operator license 3. Submit an application for examination, with required fee
4. Pass an Examination
5. If successful, submit a completed of Certificate of Training and
Experience and the required fee to the SPCB

See the SPCB’s website at <http://www.pestboard.ca.gov/howdoi/pr.shtml>


for the required forms, fees and exam information.

Continued on next page

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Structural Pest Control Individual Licenses, Continued

Structural Pest Control Field Representative (FR) License

Who needs the Any individual who:


structural pest  Secures structural pest control work, submits bids for, or contracts on
control field behalf of a structural pest control company.
representative
 Identifies pest infestations or infections.
license
 Conducts inspections.

Exemptions  Public utilities operating under the regulations of the State Railroad
from the Commission (with certain specified exceptions). (B&PC section 8555(a))
structural pest  Persons engaged only in agricultural pest control work under permit or
control field
license of DPR or a CAC. (B&PC section 8555(b))
representative
license  Pest control performed by persons on property owned, leased, or rented
by them. (B&PC section 8555(c))
 Government agencies, authorized representatives of an educational
institution or state or federal agencies engaged in research or study of pest
control, or engaged in investigation or preparation for expert opinion or
testimony if not on their own behalf. (B&PC section 8555(d-e))
 Certified architects and registered civil engineers acting within their
professional capacity. (B&PC section 8555(f))
 Persons engaged in live capture and removal of vertebrate pests, bees or
wasps without the use of pesticides (B&PC section 8555(g))

What's To obtain an initial FR license an applicant must:


required to 1. Complete the Live Scan/Fingerprint and Background Investigation
obtain the field 2. Submit an application for examination, with required fee
representative 3. Pass an Examination
license 4. If successful, submit a completed of Certificate of Training and
Experience and the required fee to the SPCB

See the SPCB’s website at <http://www.pestboard.ca.gov/howdoi/fr.shtml>


for the required forms, fees and exam information.

Continued on next page

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Structural Pest Control Individual Licenses, Continued

Structural Pest Control Applicator

Who needs the Any individual not a FR or OPR applying pesticides in Branch 2 or Branch 3
structural pest employed by a licensed company with SPCB. (B&PC section 8564.5)
control
applicator Note: An individual licensed as a structural pest control applicator is not a
license certified applicator (3 CCR section 6000) for purposes of using or supervising
the use of restricted materials. Consequently, these individuals also must
receive annual pesticide handler training per 3 CCR section 6724.

Additional After passing the written examination in Branch 2 or 3, a licensed applicator


information may apply any chemical for a period not to exceed three years, at which time
the individual must pay a renewal fee. (B&PC section 8564.5(c))

Current law does not authorize a general applicator to apply any chemical in
Branch 1 - Fumigation.

What's To obtain an initial structural pest control applicator license an applicant


required to must:
obtain the 1. Complete the Live Scan/Fingerprint and Background Investigation
applicator 2. Submit an application for examination, with required fee
license 3. Pass an Examination
4. If successful, submit a completed of Certificate of Training and
Experience and the required fee to the SPCB

See the SPCB’s website at <http://www.pestboard.ca.gov/howdoi/app.shtml>


for the required forms, fees and exam information.

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Section 10
Quick Reference Charts

Introduction- The following charts summarize the type of license or certificate required for
Chart of Types pest control businesses in various example scenarios. This is just a quick
of Licenses and reference guide.
Certificates –
Scenarios These determinations are based on:
 the specific pest control activity,
 who is performing the pest control, and
 the specific setting.

These examples of various scenarios are only a guide. For further clarification
contact the EBL assigned to your county.

Continued on next page

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Quick Reference Charts, Continued

Guidance in Determining Business License Type Required -- Structural or Agricultural


Pest Control
Agricultural Pesticide Use8
Site / License Section
Description of Pest Control Conducted
Situation Required Cited
Adjacent to Control (for the purpose of eliminating ants, earwigs, garden or
QAL Cat A, FAC
structure, non-crop orchard pests, or to assist in the control of honeydew
Cat B or §§ 11701
garden, or producing insects) even where treatment is applied adjacent to
QAC Subcat Q or 11704
orchard pest a structure and incidentally prevents invasion of the structure.
Any application of a pesticide to existing landscape plants & turf,
irrespective of their location in respect to a structure, except for
incidental contact of foliage or plants with a pesticide arising from
FAC
Landscape QAL Cat B or structural pest control activities.
§§ 11701
Plants & Turf QAC Subcat Q
or 11704
Any pesticide application made directly to interiorscapes in
business buildings, office complexes, malls, houseplants within
households.
The use of a pesticide to destroy diseased bees to prevent
Diseased QAL Cat A or FAC infection of an apiary structure.
bees, apiary Cat I § 11701 Category depends on setting (e.g.: landscape vs. nursery
vs. industrial).
Use of a pesticide for control and removal of Africanized
Africanized honeybees in an “agricultural use” setting. (See
FAC
honeybees, QAL Cat A definitions of “agricultural use”)
§§ 11701 &
agricultural or Cat I
12203(b)
use setting Category depends on setting (e.g.: managed apiary vs.
residential).
Businesses who work under a contract with an official program
Public
FAC (i.e., Vector Control Agency, County Health Department, etc.) to
health- QAL Cat K
§ 11701 apply public-health related pesticides to non-production ag and
related
agricultural use settings.
Sprinkler and Use of algaecides and antimicrobials used to treat interior walls of
QAL Cat A or FAC
drip irrigation sprinkler and drip irrigation systems (irrigation lines) found in
Cat P § 11701
lines fields, vineyards and orchards.

8
This is based on the definition of “Agricultural Use” from FAC 11408. See also Compendium Volume 8, Section
1.1

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Quick Reference Charts, Continued

Guidance in Determining Business License Type Required -- Structural or


Agricultural Pest Control
Structural Pesticide Use9
Site / License Section
Situation Required Cited Description of Pest Control Conducted

a. Control of ants, earwigs, cockroaches, silverfish, termites,


birds, or rodents invading structures is strictly structural pest
control, whether carried on within or outside of the structure
Structures, b. Application, with the intent to prevent invading pests,
interior or within storage structures when a commodity is not present is
Structural B&PC
exterior strictly structural pest control (i.e., pre-treatment of a storage
Branch 2 or 3 § 8550
(outside area prior to storage of a commodity).
surfaces) c. Treatment of storage structure’s outside areas (such as cracks,
crevices, along outside baseboards and walls) to prevent
infestation of stored commodities is considered structural pest
control.
Control of pests to humans and their pets, (it would apply to pests
Structures, Structural B&PC other than fleas, for example, mosquitoes) in or around a
in or around Branch 2 § 8550 structure, including treatment of outside areas to control nearby
nest or pest reservoir is considered structural pest control.
Structural B&PC Treatment to roofs of structures with a pesticide(s) to control
Roofs
Branch 3 § 8550 fungi, algae, etc. would require a structural pest control license.
The use of a pesticide to control or remove bees from a structure
Removal of would require a structural pest control license. However, live
Structural B&PC removal of bees, wasps, and certain vertebrate pests (without the
bees from
Branch 2 § 8550 use of a pesticide) from a structure does not require a structural or
Structures
agricultural pest control license per B&PC § 8555(g) and FAC §
11531.
Africanized Control and removal of Africanized honeybees from structures
B&PC
honeybees in Structural is structural pest control. The Pest Control Operators of California
§§ 8550 &
structures Branch 2 is SPCB-approved to offer certification in Africanized honeybee
8565.6
control, but it is not required to obtain the license.
Mold in Control of non-wood destroying organisms (mold).
residential
or At this time neither the SPCB nor DPR require a license for this
institutional type of work.
structures

9
Structural pest control is the control of household pests (including but not limited to rodents, vermin and insects)
and wood-destroying pests and organisms or such other pests which may invade households or structures, including
railroad cars, ships, docks, trucks, airplanes, or the contents thereof.
http://www.pestboard.ca.gov/about/whatis.shtml

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Quick Reference Charts, Continued

Guidance in Determining Business License Type Required -- Structural or Agricultural Pest


Control
Non-Agricultural Pesticide Use 10
Site / License Section
Description of Pest Control Conducted
Situation Required Cited
The intent of the application is the primary determinant:
B&PC a. When treating structures, incidental treatment of any
Branches 1, §§ 8550 & contents (commodities) is okay and is strictly structural pest
Structures
2, or 3 8555 control
or its b. Direct treatment of non-food or non-feed commodities (e.g.,
contents dunnage, furniture), can be done under either license
QAL Cat A FAC
§ 11701 c. Direct treatment of postharvest or stored agricultural
commodities is agricultural pest control
B&PC Servicing spray devices in:
Branch 2 § 8505 a. Structures such as warehouses, restaurants, office buildings is
Servicing
structural pest control
devices b. Structures located on a farm (such as stables and barns) are an
QAL Cat I FAC
§ 11701 agricultural use but can be done under either license.
Africanized
FAC Use of a pesticide for control and removal of Africanized
honeybees,
QAL Cat A §§ 11701 honeybees in a “non-agricultural use” setting. (See
non-ag
& 12203(b) definitions of “agricultural use” and “non-agricultural use)
use setting
Potable
QAL Sanitizing institutional and industrial potable water lines,
water lines, FAC
Subcat P or dairy milk lines, and other similar facilities. (See definition
dairy milk § 11701
Cat A of “non-agricultural use”)
lines
Cooling
QAL Treatment of cooling towers and evaporative condensers in
towers & FAC
Subcat P or Institutional and industrial sites. (See definition of “non-
evaporative § 11701
Cat A agricultural use”)
condensers
Wine QAL
FAC Use of sulfur dioxide (SO2) to disinfect wine barrels and
barrels and Subcat P or
§ 11701 corks.
corks Cat A
QAL Use of algaecides and antimicrobial pesticides to treat water
Water FAC
Subcat P or features such as indoor and outdoor fountains, ponds,
features § 11701
A cascades, waterfalls, and streams.

10
Includes six exemptions from Agricultural use listed in FAC section 11408: Home, Institutional, Industrial,
Structural, Vector Control, Veterinarian. See also Compendium Volume 8, section 1.1

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Quick Reference Charts, Continued

Guidance in Determining Business License Type Required -- Structural or Agricultural Pest


Control
Non-Agricultural Pesticide Use
Site / License Section
Description of Pest Control Conducted
Situation Required Cited
Businesses who work under a contract with an official
Public
FAC program (i.e., Vector Control Agency, County Health
health QAL Cat K
§ 11701 Department, etc.) to apply public-health related pesticides to
related
non-agricultural use settings.
Post- A company renting, leasing, or providing equipment and
FAC
harvest QAL Cat A services for applying post-harvest fungicides in a packing
§ 11701
fungicides house.

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