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State of California Department of Pesticide Regulation - page 47 / 132

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40 • LICENSING AND CERTIFICATION

have qualified individuals responsible for actively supervising all sales activities at each main and branch location.

Supervision. Each licensed pest control dealer must have and maintain at the principal office and at each branch location, a designated agent to actively supervise all operations conducted at the location. The desig- nated agent must possess a

  • Pest Control Dealer Designated Agent License

  • Agricultural Pest Control Adviser License

  • Pest Control Aircraft Pilot Certifi- cate (either Journeyman or Apprentice)

OR

  • Qualified Applicator License

Appropriate Products. A licensed pest control dealer must sell or deliver a pesticide only when the recommen- dation provided to the dealer, or written by someone employed by the dealer, corresponds to the pesticide label. It is against the law for a pest control dealer to knowingly sell or deliver a pesticide

  • for a use not shown in the label

  • if the label cannot be complied with

  • if the pest control recommendation is in conflict with the label

Dealer Records. Pest control dealers are required to prepare and maintain a record of all pesticides they have sold or delivered except for pesticides labeled for home use only. The pest control dealer must maintain these records at the sales office for two years and keep them available for inspection, filed by purchaser name, to the county agricultural commissioner or Director of DPR upon request. The records must include the following:

  • the purchaser’s name and address

  • the pesticide and the amount

purchased

  • the date of purchase

  • the operator identification number or a statement on the invoice indicating that the purchaser was not required to obtain an operator identification number

  • a copy of the adviser’s written recommendation, or the following statement (or a substantially similar statement) on the invoice or delivery slip: “No recommenda- tion has been made by, or provided to, the seller concerning the use of the pesticide covered by this invoice.”

  • if the dealer delivered the pesti- cide, the location where the pesticide was delivered, including the name of the person or business that received the shipment

If the registrant or pesticide broker is not the first person to sell into or within California any pesticide that is labeled for agricultural use, the pest control dealer who first sells into or within California must pay a mill assessment to the DPR Director for every dollar of pesticide sales. The assessment must be reported quarterly to the Director of DPR. Records of purchases, sales, and distributions of pesticides into or within California must be maintained for four years.

Supplemental Label. When a written recommendation includes a use that is only found on a supplemental label, the dealer must deliver both the written recommendation and the supplemental label to the applicator in sufficient time to allow the applicator to properly prepare for the application.

Dealer Responsibilities. It is ex- tremely important for a dealer to know which restricted use pesticides require a permit. For instance, a permit for possession or use is not required when a federally restricted material included in Food and Agricultural Code Section 6400(a) is possessed or used by or under the supervision of a certified

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