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HomeFood and Agricultural CodeDiv. 7Ch. 2Art. 5§ 12854 Pesticide Implied Warranties

§ 12854 Pesticide Implied Warranties

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

§ 12854 Pesticide Implied Warranties

This law says sellers can't cancel two basic promises about pesticides: that they match what's printed about them and that they work for the uses described.

Key Takeaways

  • •Sellers can't waive the warranty that a pesticide matches its printed description.
  • •Sellers can't waive the warranty that a pesticide works for the uses stated on the label.
  • •These protections apply to any pesticide sold in the state.

Example

A homeowner buys a weed killer that the label says will kill dandelions, but it doesn't work.

The seller can't say they never promised it would kill dandelions; the law protects the buyer because the product didn't meet the printed claim.

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

Official Source
View on CA.gov

§ 12854 Pesticide Implied Warranties

No limitations of warranty by the seller shall exclude or waive either of the following implied warranties: (a) That the pesticide corresponds to all claims and descriptions that the registrant has made in respect to it in print. (b) That the pesticide is reasonably fit for use for any purpose for which it is intended according to any printed statement of the registrant. (Amended by Stats. 1996, Ch. 361, Sec. 62. Effective January 1, 1997.)

Last verified: January 10, 2026

Key Terms

implied warrantiespesticideregistrantprinted statement

Related Statutes

  • § 12851 Pesticide Label Requirements
  • § 12852 Pesticide Label Use Directions
  • § 12855 Pesticide Registrant Liability Limitations
  • § 12856 Pesticide Sealed Container Sale
  • § 12857 Director Authorized Pesticide Sales

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Food and Agricultural Code. Section 12854.
View Official Source