California Code of Regulations (Title 3. Food and Agriculture)
Division 6. Pesticides and Pest Control Operations
6614. Protection of Persons, Animals, and Property.
(a) An applicator prior to and while applying a pesticide shall evaluate the equipment to be used, meteorological conditions, the property to be treated, and surrounding properties to determine the likelihood of harm or damage.
(b) Notwithstanding that substantial drift would be prevented, no pesticide application shall be made or continued when:
(1) There is a reasonable possibility of contamination of the bodies or clothing of persons not involved in the application process;
(2) There is a reasonable possibility of damage to nontarget crops, animals, or other public or private property; or
(3) There is a reasonable possibility of contamination of nontarget public or private property, including the creation of a health hazard, preventing normal use of such property. In determining a health hazard, the amount and toxicity of the pesticide, the type and uses of the property and related factors shall be considered.
NOTE: Authority cited: Sections 12976 and 12981, Food and Agricultural Code.
Reference: Sections 11501 and 11791, Food and Agricultural Code.
6616. Consent to Apply.
No person shall directly discharge a pesticide onto a property without the consent of the owner or operator of the property.
NOTE: Authority cited: Sections 407 and 12976, Food and Agricultural Code
6620. Vector Control Exemption.
(a) Sections 6616 (Consent to Apply) and 6618 (Notice) shall not apply to a public agency or its contractor operating under a cooperative agreement with the Department of Health Services pursuant to Section 2426 of the Health and Safety Code.
(b) Section 6614(a) (Protection of Persons, Animals and Property) shall not apply to persons or agencies specified in this Section when the pesticide used is registered for use in residential areas for purposes of vector control and is used in accordance with that registered labeling.
(c) These exemptions are not intended to affect liability for damage as a result of an application made pursuant to this Section.
NOTE: Authority cited: Sections 407, 12976 and 12981, Food and Agricultural Code.
Reference: Sections 11501 ad 12981, Food and Agricultural Code.
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