1. (a) A person who distributes or sells the substance claims, states, or implies, by labeling or otherwise, that:

   1. (1) the substance, either by itself or in combination with any other substance, can or should be used as a pesticide; or
   2. (2) the substance consists of or contains an active ingredient and can be used to manufacture a pesticide; or
2. (b) A person who distributes or sells the substance has actual or constructive knowledge that the substance will be used, or is intended by the user to be used, as a pesticide; or

3. (c) The substance consists of or contains one or more active ingredients and has no significant commercially valuable use as distributed or sold other than:

   1. (1) use as a pesticide, by itself or in combination with any other substance; or
   2. (2) use in the manufacture of a pesticide.

A substance is considered to be “intended to be used,” as the phrase is used in Sections 12753 and 12758 of the Food and Agricultural Code, and thus be a pesticide requiring registration, when:

Note: Authority cited: Section 12781, Food and Agricultural Code. Reference: Sections 12753 and 12758, Food and Agricultural Code.

History

1. New section filed 9-23-94; operative 10-24-94 (Register 94, No. 38).

2. Change without regulatory effect amending chapter heading, subchapter heading and section filed 3-27-97 pursuant to section 100, title 1, California Code of Regulations (Register 97, No. 13).