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PEST CONTROL BUSINESS MAINTENANCE GARDENER
LICENSING REQUIREMENTS
Do you need this license?
A pest control business license in the maintenance
gardener category (MG) is any person or business who
performs pest control for hire (advertises, solicits
or operates as a pest control business) incidental to
their business of maintenance gardening [Food and Agricultural
Code (FAC) section 11704(a)]. Incidental pest control
is limited to ornamental and turf plantings indoors,
in commercial parks or surrounding structures [FAC section
11704(b)]. The Department of Pesticide Regulation (DPR)
interprets "commercial parks" and "surrounding structures"
to mean the following:
- A "commercial park" is a tract of land
where several commercial establishments (e.g., stores,
offices, restaurants, warehouses, factories, etc.)
are located. Business parks, industrial parks, office
parks, and shopping centers or malls would be commercial
parks.
- Plantings "surrounding structures" would
be ornamental and turf plantings that are placed near
or close to structures such as buildings, brick walls,
fountains, fences, statues, etc.
This license also includes maintenance gardening work in parks, golf courses, cemeteries,
rights-of-ways, and other similar sites. In any other situation, the business must obtain
a pest control business license.
Licensing Exemptions: Businesses performing pest
control incidental to new construction are not
required to obtain this business license. This includes
construction work such as paving parking lots and driveways,
establishing new landscapes, or building homes or other
structures. The business license exemption does not
exempt the person who uses or supervises the use
of federally restricted use pesticides or State restricted
materials for any purpose or on any property other than
that provided by the definition of "private applicator".
That person must possess a valid Qualified Applicator
Certificate (QAC) or Qualified Applicator License (QAL)
with the appropriate pest control category to use or
supervise that use.
Basic licensing requirements
A MG pest control business license is obtained by
submitting the application, the following supporting
business information and documents, and the appropriate
fee. The following criteria must be met prior to issuance
of a license:
- Qualified Person: You must have at least one
person in a supervisory position who holds a valid
QAC or QAL with the Maintenance Gardener category
"Q" or the Landscape Maintenance category
"B" at each location [FAC section 11704(a)].
Please state the name of the qualified person, their
certificate/license number and category on the application
form submitted.
- Financial Responsibility Requirement [FAC section
11702(c)(2) and 3 California Code of Regulations
(3CCR) section 6524]: The requirement may be met
by any of the options listed below. See Financial
Responsibility Options Chart for more detailed information.
- Liability Certificate Statement, PR-PML-170
- Certificate of Insurance Requirement, PR-PML-0173.
- Certificate of Insurance, PR-PML-052
- Acord Certificate of Liability Insurance
form from your insurance company with a statement
that the insurance policy meets and complies
with 3CCR section 6524 requirements.
- Documents are required to verify the name and
type of business [FAC section 11702(a)].
- "Fictitious Business Name Statement"
from the County Clerk’s Office. This applies
to any business operating under a fictitious
name. DPR requires a copy of the fictitious
business name statement that was filed with
the County Clerk’s or County Recorder’s Office.
- "Certificate of Good Standing" document
from the California Secretary of State’s Office
[FAC section 11702(a)]. This applies to any
domestic or foreign corporation operating in
California. The corporation must be registered
with the California Secretary of State’s Office.
DPR requires a copy of that certificate. See
the Secretary of State’s web site at: www.ss.ca.gov/business/business.htm
for registration information
- Worker’s Compensation Insurance: Each applicant, who
is an employer as defined in Section 3300 of the Labor Code,
is required to carry worker’s compensation insurance. Please
state the carrier’s name, policy number, and the expiration
date of policy on the application where indicated. If your
business has no employees, write "note applicable".
Once you’ve become licensed
You must:
- Retain pest control application notification records
for two years
- Retain records of pesticide use for two years
- Submit pesticide use report records to county
agricultural commissioner
- Have valid permits for restricted materials used
- Retain agricultural pest control adviser written
recommendations for one year.
County registration
Before you conduct any work, you must register the MG
pest control business license with the county agricultural
commissioner’s office in each county in which your business
intends to perform pest control. Most counties require
a fee for registration. Registration is required annually
and covers one calendar year.
To register the MG business license, the individual
who possesses the QAL or QAC card must present the
following items to the county agricultural commissioner’s
office for processing:
- Valid MG Pest Control Business License
- Valid QAL or QAC card - Landscape Maintenance
(category B) or Maintenance Gardener (category Q)
- Inventory of pest control equipment including
number and kind of equipment.
Licensing, renewal, and other
fees
Application fee
If you are applying for a MG pest control business
license, the fee is $80.00 per calendar year (3CCR
section 6502). The license fee is based on the licensing
cycle provided below. For example, if the business
applied for a license under the name "Toads Landscaping"
in January 2004, it would expire on December 31, 2005
and the fee for the license would be $160. If the
business applied for a license under the name "Cools
Landscape Maintenance Company" in January 2004,
it would expire on December 31, 2004 and the fee for
the license would be $80. Note:
the MG license will not be issued until the business
has a qualified person and meets the business and
the financial responsibility requirements as indicated
in the "Basic Licensing Requirements".
- The license of businesses with names beginning
with A through L expire on December
31 of even-numbered years (i.e., 2004, 2006, 2008,
etc.)
- The license of businesses with names beginning
with M through Z expire on December
31 of odd-numbered years (i.e., 2005, 2007, 2009,
etc.)
License renewal fee
The license renewal fee is $80 per calendar year, to
be paid to DPR every two (2) years for a total cost
of $160 (3CCR section 6502). The two-year license renewal
fee is not prorated if the license is renewed late.
Note: the MG license will
not be renewed unless the business has a qualified person
and meets the business and the financial responsibility
requirements as indicated in the "Basic Licensing
Requirements".
Late renewal fee
A late fee of fifty percent (50%) of the total renewal
fee will be assessed for each license postmarked after
December 31 of the expiration year.
Name/address change and duplicate/replacement
fees
A fee of $20 is required for name changes, as well as
requests for a duplicate or replacement license. DPR
will not issue a new business license when an address
change is received and made unless requested by the
qualified person and accompanied by the $20 fee. A maximum
fee of $20 is required for all name and/or address changes
or requests for a duplicate or replacement license when
submitted on a single application form.
Every person to whom a license is issued must immediately
notify the Licensing and Certification Office in writing
of any name and/or address change (3CCR section 6508).
- Legal documents certifying the name change and
a fee of $20 are required in order to make a name
change. A new license will be automatically issued
for all name changes.
- The change of name and/or address form is available
on DPR’s website at www.cdpr.ca.gov/docs/license/lcforms.htm
or by calling (916) 445-4038. A $20 fee for an address
change is only required when the licensee
requests a new license
General information
Timelines for processing applications
DPR has established time periods for processing permit
applications, in compliance with Government Code sections
15374-15378. DPR may take up to 100 days to complete
the processing of this application. Failure to comply
with these time periods may be appealed to the Agency
Secretary, California Environmental Protection Agency,
P.O. Box 2815, 1001 I Street, Sacramento, California
95814, pursuant to regulations set forth in 3CCR section
301. Under certain circumstances, the Agency Secretary
may order that the applicant receive a reimbursement
of filing fees.
License duration
A new license may be issued for a maximum of two years.
The license duration is dependent on the date the license
was issued and the renewal cycle. Each renewed license
is valid for two (2) years unless renewed late.
The most common mistakes and how to avoid them
The most common application errors made are incorrect
fees, no insurance documents or the insurance documents
submitted do not meet our requirements, business type
information is not provided, or a qualified person is
not listed. You can avoid these errors by reading the
application instructions carefully and mailing your
application to DPR on or before the expiration date
of the license. If you have questions regarding any
information, call for assistance.
DPR Licensing and Certification location
Department of Pesticide Regulation
Pest Management and Licensing Branch
Licensing and Certification Program
1001 I Street
Sacramento, CA 95814-2828
Questions
Call: (916) 445-4028
Email: licensing-business@cdpr.ca.gov
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