Section 1.1 - Conflict of Interest Prohibition: Pesticides(a) Each officer and employee of the Department of Pesticide Regulation whose duties involve enforcement or execution of the pesticide provisions of the Food and Agricultural Code shall comply with the Conflict of Interest Code provisions applicable to all Department employees. In addition, no such officer or employee shall hold any direct or indirect interest in the sale, manufacture, or distribution of any pesticide, as provided in this section.(b) This section prohibits ownership of a financial interest in any business entity holding any of the following licenses or certificates:(1) Certificate of Pesticide Registration, Food and Agricultural Code Section 12815;(2) Pest Control Business License, Food and Agricultural Code Section 11701;(3) Pest Control Dealer License, Food and Agricultural Code Section 12101;(4) Agricultural Pest Control Adviser License, Food and Agricultural Code Section 12001;(5) Pest Control Aircraft Pilot's Certificate, Food and Agricultural Code Section 11901;(6) Structural Pest Control Company Registration, Business and Professions Code Section 8610.(c) This section does not prohibit ownership of an interest in or securities of: (1) A mutual fund or other investment company regulated pursuant to the Securities Act of 1933, the Investment Company Act of 1940, or comparable state or federal law, provided no interest is held as an officer or manager of the investment company or its adviser, and provided further the investment company does not specialize in securities of chemical companies.(2) A business not included in subsection (b) that may sell pesticides incidental to the sale of general merchandise, such as food markets, variety stores, department stores, and hardware stores, provided no interest is held as an officer or manager of the business.(d) This section does not prohibit the ownership of bank accounts, annuities and similar interests in commercial banks, insurance companies and other state or federally regulated financial institutions that may hold or manage investments, provided the Department officer or employee has no direct authority over the investments.(e) Lists of business entities regulated with regard to pesticides, as designated in subsection (b)(1)-(6), shall be available in the Division licensing the business entities. Since the list of regulated companies is subject to change and security holdings may be affected by acquisitions, mergers and entry into new fields, Department officers and employees should review their holdings at least annually and at other times as circumstances require.Cal. Code Regs. Tit. 3, § 1.1
1. New section filed 1-16-78; effective thirtieth day thereafter (Register 78, No. 3).
2. Renumbering of former Section 2 (Subchapter 1) to Section 1.1 filed 6-15-83; effective thirtieth day thereafter (Register 83, No. 25).
3. Change without regulatory effect amending section heading, section and NOTE filed 6-5-2002 pursuant to section 100, title 1, California Code of Regulations (Register 2002, No. 23). Note: Authority cited: Section 12781, Food and Agricultural Code. Reference: Section 12783, Food and Agricultural Code.
1. New section filed 1-16-78; effective thirtieth day thereafter (Register 78, No. 3).
2. Renumbering of former Section 2 (Subchapter 1) to Section 1.1 filed 6-15-83; effective thirtieth day thereafter (Register 83, No. 25).
3. Change without regulatory effect amending section heading, section and Note filed 6-5-2002 pursuant to section 100, title 1, California Code of Regulations (Register 2002, No. 23).