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CALIFORNIA CODES
FOOD AND AGRICULTURAL CODE
SECTION 11501 - 11501.1
11501. The
purposes of this division and Chapter 1 (commencing with Section 12501),
Chapter 2 (commencing with Section 12751), Chapter 3 (commencing with Section
14001), and Chapter 3.5 (commencing with Section 14101) of Division 7 are as
follows:
(a)
To provide for the proper, safe, and efficient use of pesticides essential for
production of food and fiber and for protection of the public health and
safety.
(b)
To protect the environment from environmentally harmful pesticides by
prohibiting, regulating, or ensuring proper stewardship of those pesticides.
(c)
To assure the agricultural and pest control workers of safe working conditions
where pesticides are present.
(d)
To permit agricultural pest control by competent and responsible licensees and
permittees under strict control of the director and commissioners.
(e)
To assure consumers and users that pesticides are properly labeled and are
appropriate for the use designated by the label and that state or local
governmental dissemination of information on pesticidal uses of any registered
pesticide product is consistent with the uses for which the product is
registered.
(f)
To encourage the development and implementation of pest management systems,
stressing application of biological and cultural pest control techniques with
selective pesticides when necessary to achieve acceptable levels of control
with the least possible harm to nontarget organisms and the environment.
11501.1. (a)
This division and Division 7 (commencing with Section 12501) are of statewide
concern and occupy the whole field of regulation regarding the registration,
sale, transportation, or use of pesticides to the exclusion of all local
regulation. Except as otherwise
specifically provided in this code, no ordinance or regulation of local
government, including, but not limited to, an action by a local governmental
agency or department, a county board of supervisors or a city council, or a
local regulation adopted by the use of an initiative measure, may prohibit or
in any way attempt to regulate any matter relating to the registration, sale,
transportation, or use of pesticides,
and any of these ordinances, laws, or regulations are void and of no force or
effect.
(b)
If the director determines that an ordinance or regulation, on its face or in
its application, is preempted by subdivision (a), the director shall notify
the promulgating entity that it is preempted by state law.
If the entity does not repeal its ordinance or regulation, the director
shall maintain an action for declaratory relief to have the ordinance or
regulation declared void and of no force or effect, and shall also bring an
action to enjoin enforcement of the ordinance or regulation.
(c)
Neither this division nor Division 7 (commencing with Section 12501) is a
limitation on the authority of a state agency or department to enforce or
administer any law that the agency or department is authorized or required to
enforce or administer.
(d)
At the request of any state agency disseminating information on the pesticidal
uses of any product, the director shall consult with, and provide technical
assistance to, that agency to ensure that
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