California Food and Agricultural Code § 12978.7

Food and Agricultural Code
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(a) For purposes of this section, the following terms have the following meanings: (1) “Chlorophacinone” means a pesticide product containing chlorophacinone. (2) “Diphacinone” means a pesticide product containing diphacinone. (3) “First-generation anticoagulant rodenticide” means a pesticide product containing any of the following active ingredients: (A) Diphacinone. (B) Chlorophacinone. (C) Warfarin. (4) “Integrated pest management” has the same meaning as defined in Section 11401.7. (5) “Second-generation anticoagulant rodenticide” means a pesticide product containing any of the following active ingredients: (A) Brodifacoum. (B) Bromadiolone. (C) Difenacoum. (D) Difethialone. (6) “Sustainable pest management” has the same meaning as defined in Section 11412. (7) “Warfarin” means a pesticide product containing warfarin. (8) “Wildlife habitat area” means a park or wildlife refuge managed by a state agency, regional government, or quasi-government agency, or by a special district. (b) Except as provided in subdivision (g), and notwithstanding subdivisions (c), (d), and (e), the use of a second-generation anticoagulant rodenticide or first-generation anticoagulant rodenticide is prohibited in a wildlife habitat area. (c) Except as provided in subdivision (g) or (h), the use of a second-generation anticoagulant rodenticide is prohibited in this state until the director makes the certification described in subdivision (i). (d) Except as provided in subdivision (g) or (h), the use of diphacinone is prohibited in this state and diphacinone shall be considered a restricted material pursuant to Section 14004.5 until the director makes the certification described in subdivision (j). (e) Except as provided in subdivision (g) or (h), the use of chlorophacinone or warfarin is prohibited in this state and chlorophacinone and warfarin shall be considered restricted materials pursuant to Section 14004.5. The director may suspend the prohibition if the director makes the certification described in subdivision (k). Nothing in this subdivision or subdivision (k) requires the department to suspend the prohibition on chlorophacinone or warfarin described in this subdivision, complete a reevaluation of chlorophacinone or warfarin, or adopt any additional restrictions on chlorophacinone or warfarin. (f) State agencies are directed to encourage federal agencies to comply with subdivisions (b) to (e), inclusive. (g) This section does not apply to any of the following: (1) The use of a second-generation anticoagulant rodenticide or first-generation anticoagulant rodenticide by a governmental agency employee who complies with Section 106925 of the Health and Safety Code, who uses a second-generation anticoagulant rodenticide or first-generation anticoagulant rodenticide for public health activities. (2) The use of a second-generation anticoagulant rodenticide or first-generation anticoagulant rodenticide otherwise prohibited by this section when used by an employee or contractor of a governmental agency or public utility, as defined in Section 216 of the Public Utilities Code, for purposes of protecting water supply and hydroelectric energy generating infrastructure and facilities in a manner that is consistent with all otherwise applicable federal and state laws and regulations. (3) The use of a second-generation anticoagulant rodenticide or first-generation anticoagulant rodenticide by a mosquito or vector control district formed under Chapter 1 (commencing with Section 2000) of Division 3 or Chapter 8 (commencing with Section 2800) of Division 3 of the Health and Safety Code to protect the public health. (4) The use of a second-generation anticoagulant rodenticide or first-generation anticoagulant rodenticide for the eradication of nonnative invasive species inhabiting or found to be present on offshore islands in a manner that is consistent with all otherwise applicable federal and state laws and regulations. (5) Th

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