Chapter 3
Chapter 3
Chapter 3
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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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.
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
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CACs issue:
Private Applicator Certificates (PACs)
County registration of many individuals and businesses licensed or
certified by DPR, SPCB and DLSE.
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.
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.
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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.
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 county registration issue, contact the applicable local
County Agricultural Commissioner office:
https://www.cdfa.ca.gov/exec/county/countymap/.
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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)
See the next page for PCA licensing exemptions and see Section 2.2 for
examples of situations when licensing as a PCA is required
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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.
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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.
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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
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Section 2.1
County Registration of PCAs
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.
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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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.
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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
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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.
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.
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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.
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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.
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.
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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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
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.
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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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)
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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.
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“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.”
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)
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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
3
See Pest Control Dealer above for information on the Fictitious Business Name Statement
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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.
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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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.
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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.
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Section 4
Pest Control Business (PCB) Licensing
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)
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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).
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.
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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
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)
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Interpretation FAC section 11704(b) includes the terms “commercial parks” and
“surrounding structures.”
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.
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.
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.
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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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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.
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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.
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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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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.
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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.
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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.
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.
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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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).
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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.
See also Section 3.1 Pest Control Dealer Interpretation Scenarios and
Section 7 Private Applicator Certificate.
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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.
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.
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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.
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 …."
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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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.
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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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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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.
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.
Review county policies and regulations (or mail the information) with the
applicant.
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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.
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.
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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).
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)
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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
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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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.
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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
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.
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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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.
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.
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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 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).
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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.
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.
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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
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:
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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*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).
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.
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Section 7
Private Applicator Certificate (PAC)
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
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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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.
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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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.
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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.
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.
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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.
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.
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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).
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.
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.
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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.
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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
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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))
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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)
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.
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.
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.
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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))
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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))
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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.
Current law does not authorize a general applicator to apply any chemical in
Branch 1 - Fumigation.
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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.
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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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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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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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