Section 6197.5 - Assessment of Pesticide Registrants(a) Notice of a proposed assessment made pursuant to Food and Agricultural Code Section 13127(d) shall be given to each registrant of the active ingredient for which the data gap(s) exist(s) except those granted an exemption pursuant to Food and Agricultural Code Section 13128, and to each legislative committee which, during the previous and current year, considered legislation involving pesticides. Written comments on the proposed assessment will be accepted for 30 days. After the 30 days, if the director orders the assessment, notice thereof shall also be given to each such registrant and committee.(b) The notice of proposed assessment and the assessment order shall contain the findings of the director as to each of the following:(1) The active ingredient involved;(2) A list of the specific studies for which there are data gaps;(3) The reasons for requiring the assessment to obtain data;(4) The total estimated cost of all of the required studies and the estimated cost of each individual study;(5) The legislative appropriation, if any, authorized to be used to reduce the assessment to registrants and the balance remaining after application of any such appropriation; and(6) Each registrant and its proportional share of the total assessment based upon its reported sales for the most current year prior to the assessment for which such records are available as determined pursuant to Section 6197(b). Registrants that did not report any sales will be assessed the same amount as the registrant(s) reporting the least amount of sales, but not to exceed ten percent (10%) of the total assessment. If no sales were reported by any registrant, the total assessment will be divided equally among the registrants of the active ingredient involved.(c) The assessment order shall provide that, within 30 days of the date of the assessment order notice: (1) an affected individual registrant may, in lieu of payment, surrender its registration of all products containing the active ingredient which is the subject of the assessment; and(2) any individual registrant may, in lieu of payment, file with the director an agreement signed by another California or a United States Environmental Protection Agency registrant of the same active ingredient to pay the individual registrant's assessment.(d) As soon as practicable after determining the voluntary surrenders, if any, as provided in subsection (c)(1), the director shall recalculate the percentage of costs to the remaining registrants and provide notice of the recalculated assessments, or provide notice that there were no voluntary surrenders and that the assessments are those specified in the assessment order.(e) After 30 days of the issuance of the notice provided in subsection (d), the director may order the suspension of the registration of products containing the active ingredient of any registrant that fails to pay, or fails to have the registrant who signed the agreement as provided in subsection (c)(2) pay, its assessment. The suspension order shall order the registrant to discontinue sales of such products to distributorships/dealers within California.(f) After 90 days of the issuance of the notice provided in subsection (d), the director may take the action specified in subsection (e) against all registrations of products containing the active ingredient, except for the products of registrants excluded pursuant to Section 13128 of the Food and Agricultural Code, if the total amount of the assessment has not been paid to the director or funds have not been made available from other sources to conduct the required studies.(g) If the original assessment did not provide adequate funds to complete the work being funded, the director may order a supplemental assessment or assessments to provide such necessary additional funds. Notice of the supplemental assessment order shall be given to each registrant, person and committee identified in subsection (a) and include: (1) the additional total amount needed for completion of the studies,(2) any legislative appropriation available, to be used to reduce the supplemental assessment, and(3) each registrant's apportionment based upon its proportional share of the original assessment. The provisions of subsections (c), (d), (e) and (f) will apply to supplemental assessment orders.(h) Any registrant that has surrendered its registration or had its registration suspended pursuant to the provisions of this section, or its successors in interest to surrendered or suspended products, shall not be allowed to register or sell any products containing the active ingredient which was subject to assessment unless the studies have been initiated and/or the data gaps filled and the registrant, or its successor in interest, complies with the following procedure: (1) Within 60 days of its application for registration, the applicant/registrant shall submit to the director a statement, signed by each registrant that paid all or a share of the applicable assessment, stating that the registrant has no objection to such product registration; or(2) present to the director an order of a court of competent jurisdiction determining that the applicant/registrant is entitled to registration based upon the payment, or offer of payment, of reasonable compensation to concerned registrants, or upon such other basis as the court may deem appropriate; or(3) pays the assessment owed at the time it surrendered its registration or had its registration suspended.(i) Monies received in excess of the total cost of obtaining the studies will be returned to registrants in proportion to each registrant's paid share of the total assessment.Cal. Code Regs. Tit. 3, § 6197.5
1. New section filed 7-9-87 as an emergency; operative 7-9-87 (Register 87, No. 31). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 11-6-87.
2. Certificate of Compliance including amendment transmitted to OAL 11-6-87 and filed 12-7-87 (Register 87, No. 51).
3. Amendment of subsection (b)(6) filed 2-27-89; operative 3-29-89 (Register 89, No. 9).
4. Amendment of subsections (a) and (f) filed 3-17-89; operative 4-16-89 (Register 89, No. 12).
5. Change without regulatory effect amending NOTE filed 6-20-2001 pursuant to section 100, title 1, California Code of Regulations (Register 2001, No. 25). Note: Authority cited: Sections 11456, 12781, 13127 and 13146, Food and Agricultural Code. Reference: Sections 13127 and 13146, Food and Agricultural Code.
1. New section filed 7-9-87 as an emergency; operative 7-9-87 (Register 87, No. 31). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 11-6-87.
2. Certificate of Compliance including amendment transmitted to OAL 11-6-87 and filed 12-7-87 (Register 87, No. 51).
3. Amendment of subsection (b)(6) filed 2-27-89; operative 3-29-89 (Register 89, No. 9).
4. Amendment of subsections (a) and (f) filed 3-17-89; operative 4-16-89 (Register 89, No. 12).
5. Change without regulatory effect amending Note filed 6-20-2001 pursuant to section 100, title 1, California Code of Regulations (Register 2001, No. 25).