(a) As used in this section, “pesticide” means:
- (1) An “economic poison” as defined in Section 12753 of the Agricultural Code;
- (2) An “injurious material” the use of which is regulated or prohibited under Chapter 3 (commencing with Section 14001) of Division 7 of the Agricultural Code; or
- (3) Any material used for the same purpose as material referred to in paragraphs (1) and (2).
- (b) A public entity is liable for injuries caused by its use of a pesticide to the same extent as a private person except that no presumption of negligence arises from the failure of a public entity or a public employee to comply with a provision of a statute or regulation relating to the use of a pesticide if the statute or regulation by its terms is made inapplicable to the public entity or the public employee.
- (c) Sections 11761 to 11765 of the Agricultural Code, relating to reports of loss or damages from the use of pesticides, apply in an action against a public entity under this section.