(a) For the purposes of this section: (1) âAdjacent separate interestâ means a separate interest that is directly beside, above, or below a particular separate interest or the common area. (2) âAuthorized agentâ means an individual, organization, or other entity that has entered into an agreement with the association to act on the associationâs behalf. (3) âBroadcast applicationâ means spreading pesticide over an area greater than two square feet. (4) âElectronic deliveryâ means delivery of a document by electronic means to the electronic address at, or through which, an owner of a separate interest has authorized electronic delivery. (5) âLicensed pest control operatorâ means anyone licensed by the state to apply pesticides. (6) âPestâ means a living organism that causes damage to property or economic loss, or transmits or produces diseases. (7) âPesticideâ means any substance, or mixture of substances, that is intended to be used for controlling, destroying, repelling, or mitigating any pest or organism, excluding antimicrobial pesticides as defined by the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. Sec. 136(mm)). (b) (1) An association or its authorized agent that applies any pesticide to a separate interest or to the common area without a licensed pest control operator shall provide the owner and, if applicable, the tenant of an affected separate interest and, if making broadcast applications, or using total release foggers or aerosol sprays, the owner and, if applicable, the tenant in an adjacent separate interest that could reasonably be impacted by the pesticide use with written notice that contains the following statements and information using words with common and everyday meaning: (A) The pest or pests to be controlled. (B) The name and brand of the pesticide product proposed to be used. (C) âState law requires that you be given the following information: CAUTION â PESTICIDES ARE TOXIC CHEMICALS. The California Department of Pesticide Regulation and the United States Environmental Protection Agency allow the unlicensed use of certain pesticides based on existing scientific evidence that there are no appreciable risks if proper use conditions are followed or that the risks are outweighed by the benefits. The degree of risk depends upon the degree of exposure, so exposure should be minimized. If within 24 hours following application of a pesticide, a person experiences symptoms similar to common seasonal illness comparable to influenza, the person should contact a physician, appropriate licensed health care provider, or the California Poison Control System (1-800-222-1222). For further information, contact any of the following: for Health Questions â the County Health Department (telephone number) and for Regulatory Information â the Department of Pesticide Regulation (916-324-4100).â (D) The approximate date, time, and frequency with which the pesticide will be applied. (E) The following notification: âThe approximate date, time, and frequency of this pesticide application is subject to change.â (2) At least 48 hours prior to application of the pesticide to a separate interest, the association or its authorized agent shall provide individual notice to the owner and, if applicable, the tenant of the separate interest and notice to an owner and, if applicable, the tenant occupying any adjacent separate interest that is required to be notified pursuant to paragraph (1). (3) (A) At least 48 hours prior to application of the pesticide to a common area, the association or its authorized agent shall, if practicable, post the written notice described in paragraph (1) in a conspicuous place in or around the common area in which the pesticide is to be applied. Otherwise, if not practicable, the association or its authorized agent shall provide individual notice to the owner and, if applicable, the tenant of the separate interest that is adjacent to the common area.
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