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HomeFood and Agricultural CodeDiv. 7Ch. 2Art. 3§ 12803 Federal Pesticide Exemption Authority

§ 12803 Federal Pesticide Exemption Authority

Food and Agricultural Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 12803 Federal Pesticide Exemption Authority

This law lets the state director let certain pesticides skip some state rules if the federal EPA already says they’re exempt, but only after the director checks each one and keeps any rules needed to protect health or the environment.

Key Takeaways

  • •The director can exempt pesticides that the EPA has already exempted.
  • •The director must review each pesticide and agree with the EPA’s decision before exempting it.
  • •Even if exempted, the director can keep any rules needed to protect public health or the environment and can still regulate the pesticide.

Example

A farmer uses a pesticide that the EPA has already exempted from federal registration. The state director reviews that pesticide, agrees with the EPA, and decides the farmer doesn’t need to get a state permit, but the farmer still must follow state safety rules about using it near water.

Because the EPA already exempted the pesticide, the director can waive some state paperwork, but the director still keeps any safety rules that protect people or the environment, and can still regulate the pesticide if needed.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 12803 Federal Pesticide Exemption Authority

The director, by regulation, may exempt from all or part of the requirements of this division a pesticide exempted pursuant to Section 25(b) of the federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. Sec. 136w (b)) as a pesticide that is determined to be of a character unnecessary to be subject to that act, if both of the following apply: (a) The director individually evaluates each listed substance exempted pursuant to the federal authority and concurs in the decision by the United States Environmental Protection Agency Administrator to exempt that substance. (b) The director excludes from the exempting regulation those specific requirements of this division that may otherwise be applicable that are necessary to protect the public health or the environment. Notwithstanding any other provision of law, the director shall retain authority to regulate any substance exempted pursuant to this section whether registered or not. (Amended by Stats. 1998, Ch. 485, Sec. 79. Effective January 1, 1999.)

Last verified: January 10, 2026

Key Terms

pesticideexemptSection 25(b)federal Insecticide, Fungicide, and Rodenticide ActdirectorUnited States Environmental Protection Agency Administratorpublic healthenvironment

Related Statutes

  • § 10951 Swine Garbage Feeding Regulation
  • § 12804 Sterilant Product Exemptions
  • § 12824 Pesticide Registration Evaluation
  • § 12825 Pesticide Registration Cancellation Rules
  • § 12827.5 Pesticide Registration Dispute Basis

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Food and Agricultural Code. Section 12803.
View Official Source