Section 6145 - Intended to be UsedA substance is considered to be "intended to be used," as the phrase is used in Sections 12753 and 12758 of the Food and Agricultural Code, and thus be a pesticide requiring registration, when:
(a) A person who distributes or sells the substance claims, states, or implies, by labeling or otherwise, that: (1) the substance, either by itself or in combination with any other substance, can or should be used as a pesticide; or(2) the substance consists of or contains an active ingredient and can be used to manufacture a pesticide; or(b) A person who distributes or sells the substance has actual or constructive knowledge that the substance will be used, or is intended by the user to be used, as a pesticide; or(c) The substance consists of or contains one or more active ingredients and has no significant commercially valuable use as distributed or sold other than: (1) use as a pesticide, by itself or in combination with any other substance; or(2) use in the manufacture of a pesticide.Cal. Code Regs. Tit. 3, § 6145
1. New section filed 9-23-94; operative 10-24-94 (Register 94, No. 38).
2. Change without regulatory effect amending chapter heading, subchapter heading and section filed 3-27-97 pursuant to section 100, title 1, California Code of Regulations (Register 97, No. 13). Note: Authority cited: Section 12781, Food and Agricultural Code. Reference: Sections 12753 and 12758, Food and Agricultural Code.
1. New section filed 9-23-94; operative 10-24-94 (Register 94, No. 38).
2. Change without regulatory effect amending chapter heading, subchapter heading and section filed 3-27-97 pursuant to section 100, title 1, California Code of Regulations (Register 97, No. 13).