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HomeFood and Agricultural CodeDiv. 6Ch. 4Art. 6§ 11897 Pesticide Violation Emergency Orders

§ 11897 Pesticide Violation Emergency Orders

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

§ 11897 Pesticide Violation Emergency Orders

This law lets the agricultural commissioner stop anyone who is using or selling a pesticide in a way that could cause an immediate danger, and it lets the person who gets the stop order ask a higher official to review it.

Key Takeaways

  • •The commissioner can issue a stop‑and‑go order when pesticide use looks like it will cause an immediate danger or damage.
  • •The stop order stays in force while the person who got it asks the director to review it.
  • •The director can keep the order, change it, or cancel it after hearing the appeal.

Example

A farmer is about to spray a pesticide right next to a town’s drinking water source, and the commissioner thinks it could poison the water.

The commissioner can order the farmer to stop spraying right away. If the farmer thinks the order is unfair, he can ask the director to look at the order and maybe change or cancel it, but the stop order stays in effect until the director decides.

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

Official Source
View on CA.gov

§ 11897 Pesticide Violation Emergency Orders

The agricultural commissioner, upon a finding that the use, handling, delivery or sale of a pesticide in violation of any provision of this division, or any regulation issued pursuant to it, is taking place, or appears imminent, and that activity if allowed to proceed will present an immediate hazard or cause irreparable damage, may issue an order to the persons responsible for the activity to cease and desist from further commission of the violation. Any person aggrieved by a cease and desist order issued by an agricultural commissioner may appeal the order to the director, who shall affirm, modify, or rescind the order. The order of the agricultural commissioner shall remain in force during the appeal to the director, and until the director’s decision has been rendered. (Amended by Stats. 1996, Ch. 361, Sec. 17. Effective January 1, 1997.)

Last verified: January 10, 2026

Key Terms

cease and desist orderimmediate hazardirreparable damageappeal to the director

Related Statutes

  • § 11896 Pesticide Violation Emergency Orders
  • § 13102 Pesticide Violation Emergency Orders
  • § 14351 Livestock Drug Registration Requirement
  • § 14352 Livestock Drug Sales Compliance
  • § 14353 Livestock Drug Human Use Ban

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Food and Agricultural Code. Section 11897.
View Official Source