Cal. Code Regs. tit. 16 § 1970

Current through Register 2024 Notice Reg. No. 49, December 6, 2024

Section 1970 - Standards and Record Requirements

(a) For the purpose of maintaining proper standards of safety and the establishment of responsibility in handling the dangerous gases used in fumigation and the pesticides used in other pest control operations, a registered company shall compile and retain for a period of at least three years, a Standard Structural Fumigation Log (Form number 43M-47, Rev. 6/2023), hereby incorporated by reference, for each fumigation job and a report, as defined in subsection (b), for each structural pest control application in which a pesticide is used by the registered company or the registered company's employee. If the fumigation is to be performed by a fumigation subcontractor, the subcontractor shall complete the fumigation log and forward a copy of the log to the primary contractor within ten business days.

(b) The report for each structural pest control application, other than fumigation, in which a pesticide is used shall contain the following information:

(1) Date and time of application.

(2) Name of owner or their agent.

(3) Address of property.

(4) Description of area(s) treated.

(5) Target pest(s).

(6) Pesticide product name, including U.S. Environmental Protection Agency or CA registration number on the pesticide label and amount used.

(7) Identity and license number of the certified commercial applicator(s) who applied or supervised the application(s) of restricted material(s) by the noncertified commercial applicator(s), and, if applicable, the identity and license number of the noncertified commercial applicator(s) who applied pesticide(s).

(c) The term "fraudulent act" as used in Section 8642 includes but is not limited to the falsification of any records pertaining to fumigation jobs or other pest control operations in which a pesticide other than a fumigant is used.

Cal. Code Regs. Tit. 16, § 1970

Note: Authority cited: Section 8525, Business and Professions Code. Reference: Sections 8505.5, 8505.7, 8505.13, 8505.16, 8516, 8642, 8646 and 8652, Business and Professions Code.

Note: Authority cited: Section 8525, Business and Professions Code. Reference: Sections 8505.5, 8505.7, 8505.13, 8505.15, 8505.16, 8516, 8642, 8646 and 8652, Business and Professions Code.

1. Amendment filed 9-29-78 as an emergency; effective upon filing (Register 78, No. 39). For prior history, see Register 68, No. 1.
2. Amendment filed 9-29-78; effective thirtieth day thereafter (Register 78, No. 52).
3. Certificate of Compliance filed 1-23-79 (Register 79, No. 4).
4. Editorial correction (Register 79, No. 43).
5. Amendment of NOTE filed 9-22-83; effective thirtieth day thereafter (Register 83, No. 39).
6. Amendment filed 3-23-87; effective upon filing pursuant to Government Code section 11346.2(d) (Register 87, No. 13).
7. Amendment of first paragraph and subsections (a) and (b), amendment of Note, and new form 43M-47 filed 4-28-98; operative 5-28-98 (Register 98, No. 18).
8. Amendment of subsection (a) filed 10-23-2001; operative 11-22-2001 (Register 2001, No. 43).
9. Amendment of subsection (a) and form 43M-47 filed 7-13-2004; operative 8-12-2004 (Register 2004, No. 29).
10. Amendment of first paragraph and subsection (a) and repealer and new Form 43M-47 filed 4-29-2008; operative 5-29-2008 (Register 2008, No. 18).
11. Amendment of section and NOTE filed 8-21-2024; operative 10/1/2024 (Register 2024, No. 34).