Department of Pesticide Regulation

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June 26, 2002   ENF 2002-028
County Agricultural Commissioners  




Licensed Structural Pest Control Businesses may give notice to the operator of the property for work done under an Agricultural Pest Control Business License pursuant to section 8538 of the Business and Professions (B&P) Code, rather than Title 3, California Code of Regulations (3CCR) section 6618.


There are pest control businesses that hold both a Structural Pest Control Applicator License, issued by the Department of Consumer Affairs, and an Agricultural Pest Control Business License, issued by the Department of Pesticide Regulation (DPR). The issue posed is: Can these businesses give notice for all work done under either license using the form and procedure specified in B&P Code section 8538?


Section 8538 of the B&P Code outlines a notification process which persons doing structural pest control are required to follow. The contents of the notice are expressly specified. It must include: target pest/purpose, identity of the pesticide proposed to be used, and a specific statement drafted by the Legislature with information about pesticides in general, including contact information. The notice must be given no later than prior to the application.

3CCR section 6618 generally requires the applicator to give notice to the operator of the property prior to beginning the application. For other than the production of an agricultural commodity, the notice must contain: the date of the application, the identity of the pesticide, and specific precautions to be observed.

A discussion of the equivalency of these two sections is not necessary because 3CCR section 6618 (c) (2) exempts from the requirements of the entire section Structural Pest Control Operators who give notice in compliance with section 8538 of the B&P Code. Interpreting compliance with section 8538 is the responsibility of the Structural Pest Control Board. However, until and unless specified otherwise by the Board, the following standards should be used. First, providing at contract signing a list of possible pesticides that could sometime be used during the life of the contract is not sufficient in itself. At the time of the application the actual pesticide (proposed or) used must be given. Second, the method of transmitting the notice is not specified. Using methods such as "door hangers" would normally be acceptable provided they contain the required information.

If you have any questions about this interpretation, please contact the Senior Pesticide Use Specialist Liaison serving your county.

Original Signature by:
Scott T. Paulsen, Chief
Pesticide Enforcement Branch
(916) 324-4100


cc:  Ms. Kelly Okuma, Registrar, Structural Pest Control Board
      Mr. Daniel J. Merkley, Agricultural Commissioner Liaison

1001 I Street  ·   P.O. Box 4015  ·  Sacramento, California 95812-4015  ·
A Department of the California Environmental Protection Agency