1. (a) Each licensed pest control dealer shall prepare and maintain records of all pesticides sold or delivered, except for pesticides labeled only for home use. For each transaction these records shall include the following:

   1. (1) The purchaser's name and address;

      1. (A) For any pesticide listed in section 6400:

         1. (i) the purchaser's name must include the name of the business, agency, or operator of the property (if applicable) and the name of the certified private or commercial applicator purchasing the restricted material;
         2. (ii) if the purchase is made by a noncertified agent of a certified private or commercial applicator, the record must also record the name of the individual who made the purchase; and
         3. (iii) the address must be a residence or business address.
   2. (2) The product name, U.S. EPA or California Registration Number, the amount, and any applicable FIFRA Section 18 emergency exemption or Section 24(c) special local need number;
   3. (3) The date of purchase;
   4. (4) The operator identification number(s) specified in section 6622 on the invoice, or a statement on the invoice indicating that the purchaser was not required to obtain an operator identification number pursuant to section 6622;

   5. (5) A copy of an agricultural pest control adviser's written recommendation, or the following statement (or a substantially similar statement) on the invoice or delivery slip supplied to the customer:

      No recommendation has been made by, or provided to, the seller concerning the use of the pesticide covered by this invoice; and

   6. (6) The location where the pesticide was delivered, including the name of the person who, or business which, received the shipment, if the dealer delivered the pesticide.
2. (b) The records shall be maintained at the sales office for two years. These records shall be produced for inspection, by purchaser name, upon request by the Director or agricultural commissioner.

Note: Authority cited: Sections 11456, 12111, 12976 and 13145, Food and Agricultural Code. Reference: Sections 11501, 12110 and 13145, Food and Agricultural Code.

History

1. Amendment filed 5-24-85; effective upon filing pursuant to Government Code section 11346.2(d) (Register 85, No. 22).

2. Amendment filed 12-22-89; operative 1-1-90 (Register 90, No. 1).

3. Amendment of section heading, subsections (a), (a)(2), (a)(4), (b), Note and new subsection (c) filed 4-3-92; operative 5-4-92 (Register 92, No. 18).

4. Repealer of subsection (c) filed 9-5-95; operative 10-5-95 (Register 95, No. 36).

5. Change without regulatory effect amending Note filed 6-20-2001 pursuant to section 100, title 1, California Code of Regulations (Register 2001, No. 25).

6. Change without regulatory effect amending subsection (b) filed 9-22-2009 pursuant to section 100, title 1, California Code of Regulations (Register 2009, No. 39).

7. Change without regulatory effect amending subsections (a) and (a)(4) filed 11-10-2011 pursuant to section 100, title 1, California Code of Regulations (Register 2011, No. 45).

8. Amendment of subsection (a), new subsections (a)(1)(A)-(a)(1)(A)(iii) and amendment of subsections (a)(2), (a)(5) and (b) filed 6-30-2023; operative 1-1-2024 (Register 2023, No. 26).