Section 6568 - Dealer Responsibilities(a) Each licensed pest control dealer that sells a restricted material which requires a permit for its use or possession shall, before sale or delivery, obtain a copy of the permit.(b) A restricted material specified in section 6400(a) (federally restricted use) or in section 6400(d) (potential to pollute groundwater) that does not require a permit for possession or use shall be sold or delivered only to a certified private or commercial applicator. For applications on Tribal land only, an individual certified by a Tribe or U.S. EPA as a certified applicator under a U.S. EPA-approved certification plan is considered a certified applicator for the purpose of this subsection. The dealer shall, before sale or delivery, obtain from the purchaser a copy of his or her certified private or commercial applicator license or certificate, or a signed statement in substantially the following form: I am a certified applicator authorized by the scope of my _________________________ (license/certificate type) license/certification No. __________ issued by __________ to use the restricted material(s) I am purchasing.
My certificate/license is valid until _____________________________________________ (Date).
My category(ies) relevant to this pesticide's intended use are: ____________________
Name of the business, agency, or operator of the property that I am employed by (if applicable): _______________
_____________________ | | ______________________ |
(Certified Applicator) | | (Date) |
(c) Prior to the sale or delivery of pesticides listed in section 6622 to the operator of the property (or the operator's authorized representative), the dealer shall obtain from the purchaser a copy of the restricted materials permit showing all operator identification numbers, if the purchaser has such a permit; or a copy of the form issued to an operator of the property pursuant to section 6622.(d) The dealer shall send a list of the operator identification numbers with corresponding names of persons purchasing pesticides during the quarter, within 10 days following the end of each quarter of the calendar year, to each of the commissioners who issued the numbers. The dealer is not required to send the list to the commissioner of the county in which the dealer is located.(e) The dealer shall retain for two years a copy of each form specified in section 6622, permit, or signed statement that pesticide purchaser provided to the dealer.Cal. Code Regs. Tit. 3, § 6568
Note: Authority cited: Sections 11456 and 14005, Food and Agricultural Code. Reference: Sections 11501, 14006, 14010 and 14035, Food and Agricultural Code.
1. Editorial renumbering of former section 2461 to section 6568 filed 8-13-85 (Register 85, No. 33).
2. Amendment filed 1-4-89; operative 1-4-89 pursuant to Government Code section 11346.2(d) (Register 89, No. 5).
3. Amendment filed 12-22-89; operative 1-1-90 (Register 90, No. 1).
4. Editorial correction of printing errors in form (Register 91, No. 33).
5. Change without regulatory effect amending subsection (b) and Note filed 8-27-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 35).
6. Amendment of section and Note filed 10-20-2000; operative 11-19-2000 (Register 2000, No. 42).
7. Change without regulatory effect amending subsection (b) filed 5-15-2023 pursuant to section 100, title 1, California Code of Regulations (Register 2023, No. 20).
8. Amendment of subsections (b) and (c) filed 6-30-2023; operative 1/1/2024 (Register 2023, No. 26).