Dealer Sales of Dual-Use Products to Hobbyist Beekeepers
Some licensed Pest Control Dealers (PCDs) require hobbyist beekeepers to have an Operator Identification Number (OIN) prior to the purchase of registered Dual-Use products such as Apivar, Formic Pro, Apistan, Apiguard, and other similar products. County Agricultural Commissioners should approach this issue in the same way as situations involving the sales of other “dual-use products.”
The term “dual-use product” refers to pesticide products whose labels have directions for both non-agricultural use (usually home) and agricultural use and are packaged in a manner that is compatible with both uses. Only a licensed PCD may sell agricultural use pesticides, regardless of the other uses that may appear on the labeling (Compendium Volume 1, General Administration of the Pesticide Use Enforcement Program, p. 3-24).
Labeling instructions on dual-use products allow uses for both hobbyist beekeepers (i.e., persons usually in the immediate vicinity of their homes, who harvest the honey for their own consumption and are not rearing and/or selling queens) and commercial beekeepers (i.e., persons who are in the business of selling their pollination services, honey, and/or queens). The commercial beekeeper uses are an “agricultural use” under Food and Agricultural Code section 11408. Additionally, these dual-use products are packaged in several sizes compatible with either hobbyist or commercial beekeeper uses.
Title 3 of the California Code of Regulations (3 CCR) section 6568(c) requires a licensed PCD to obtain a copy of the OIN issued to the operator of the property prior to sale or delivery of pesticides listed in 3 CCR section 6622. If the PCD determines that an OIN is not required, 3 CCR section 6562(a) requires the PCD to document this determination in their sales records.
Guidance
As with similar “dual-use products,” a Commissioner can inform licensed PCDs in their county that dual-use products labeled and used for home use do not require an OIN for purchase. PCDs should verify the intended use of the product and note on the sales record “the purchaser was not required to obtain an OIN pursuant to section 6622”.
Note a PCD, as a business decision, may choose to only sell “dual-use products” to purchasers with OINs. Many licensed PCDs have already made the decision to not sell “dual-use products” to persons who do not have an OIN.
If you have any questions, please contact the Enforcement Branch Liaison assigned to your county.
Sincerely,