California Code of Regulations (Title 3. Food and Agriculture)
Division 6. Pesticides and Pest Control Operations

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Division 6. Pesticides and Pest Control Operations
Chapter 2. Pesticides
Subchapter 3.  Assessments
Article 1.  Mill Assessment Collection


6380. Sales Invoice Misrepresentation.

 

NOTE: Authority cited: Section 407 and 12781, Food and Agricultural Code.

 

Reference: Section 12841, Food and Agricultural Code.

 

6382. Penalties.

For any delinquency in making a return, or any deficiency in payment, of the pesticides mill assessment which is received after the date due (one calendar month after March 31, June 30, September 30, and December 31 of each year), a penalty of 10 percent of the amount which is due shall be added.

 

NOTE: Authority cited: Section 12781, Food and Agricultural Code.

 

Reference: Section 12843, Food and Agricultural Code.

 

6384. Exemptions.

When a registered pesticide is sold by the registrant to a purchaser for a nonpesticide use and the invoice clearly identifies its specific intended use, the sale is not subject to the mill assessment.

 

NOTE: Authority cited: Section 12781, Food and Agricultural Code.

 

Reference: Section 12841, Food and Agricultural Code.

 

6386. Established Rate.


The director establishes the mill assessment on pesticides products at 21 mills (0.021) per dollar of sales for all sales of registered pesticides for use in this state pursuant to Food and Agricultural Code section 12841.

NOTE: Authority cited: Sections 12781 and 12841, Food and Agricultural Code.
Reference: Section 12841, Food and Agricultural Code.

 

6388. Pesticide Sales and Assessment Reporting.

(a) Each registrant shall report quarterly to the Department the total dollars of sales and total pounds or gallons of each registered and labeled pesticide product sold by the registrant for use in this State and the total assessments due. Each report of pesticide sales and assessment shall be on a form prescribed by the Department or in a format approved by the Director.

(b) An acceptable Department form for reporting the pesticide sales is form "Report of Pesticide Sales in California," PR-ENF-181 (Rev. 07/98). The information to be reported shall include the following:

(1) The ending and delinquent date of the quarter being reported;

(2) The name, address and U.S. Environmental Protection Agency (U.S. EPA) firm number of the registrant;

(3) The U.S. EPA or State registration number and brand name of each product registered and sold for use in the State; and

(4) The total dollar sales and total pounds or gallons of each formulated product sold.

(c) An acceptable form for reporting the pesticide mill assessments is form "Report of Pesticide Sales in California," PR-ENF-180 (Rev. 07/98). The information to be reported shall include the following:

(1) The ending and delinquent date of the quarter being reported;

(2) The name, address and U.S. EPA firm number of the registrant;

(3) The total dollar sales for all products registered and sold for use in the State during the quarter;

(4) The pesticide mill assessment rate;

(5) The total assessments and penalty (if applicable) that are due;

(6) The total amount of payment submitted;

(7) The name, title, signature, and phone number of the authorized representative completing the form;

(8) The date when the form was completed; and

(9) Certification under penalty of perjury that the information contained in the report is true and correct.

(d) The individual report specified in (b) and the dollar sales figures associated with a specific product found on the report shall be considered official information acquired in confidence pursuant to Government Code section 6254(k) of the Public Records Act and section 1040 of the Evidence Code.

 

NOTE: Authority cited: Section 11456, 12781, and 12845, Food and Agricultural Code. Reference: Sections 12843 and 12845, Food and Agricultural Code.

 

Reference: Sections 12843 and 12845, Food and Agricultural Code.

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