Structural pest control., the official text

An act to add Section 8551.6 to the Business and Professions Code, relating to professions and vocations.

LEGISLATIVE COUNSEL'S DIGEST

Existing law provides for the licensure and regulation of structural pest control by the Structural Pest Control Board in the Department of Consumer Affairs. A violation of these provisions is a misdemeanor. Existing law designates each county agricultural commissioner as the lead agency for inspections and routine investigations of structural pest control operators and registered companies. Existing law prescribes 3 classifications of structural pest control licenses, which are designated as Branch 1, Branch 2, and Branch 3, based on the types of pest control work permitted. Branch 1 relates to the control of household and wood-destroying pests or organisms by fumigation with poisonous or lethal gases. Branch 2 relates to the control of household pests, excluding fumigation with poisonous or lethal gases. Branch 3 relates to the control of wood-destroying pests or organisms by the use of insecticides, or structural repairs and corrections, excluding fumigation with poisonous or lethal gases.
Existing law prohibits an unlicensed individual in the employ of a registered company from applying pesticides included in Branch 2 or Branch 3, but authorizes an individual, for 90 days from the date of employment, to apply pesticides for the purposes of training under the direct supervision of a licensed field representative or operator employed by the company.
This bill, on and after January 1, 2028, would also authorize an unlicensed individual employed by a registered company who has applied for a structural pest control applicator examination in Branch 2 and Branch 3 to apply pesticides included in Branch 2 and Branch 3 outdoors under the supervision of a licensed operator or field representative for up to 60 days if specified conditions are met, including that the unlicensed individual has completed a minimum of 80 hours of training in pesticide application under the direct supervision of a licensed operator or field representative. The bill would require the registered company employing the individual, before the unlicensed individual performs work, to notify the board and the county agricultural commissioner in each county in which the individual will perform work. The bill would require the registered company and supervising licensee to maintain certain documentation, including documentation demonstrating completion of required training, for at least 3 years.
By expanding the scope of a crime and to the extent the bill would impose additional requirements on county agricultural commissioners, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

The people of the State of California do enact as follows:

SECTION 1.
This act shall be known as the Small Pest Control Business Relief Act.

SEC. 2.
The Legislature finds and declares all of the following:
(a) California’s structural pest control industry provides essential public health and property protection services from dangerous and deadly pests and is comprised primarily of small businesses, with a majority employing five or fewer workers.
(b) Existing law requires individuals performing structural pest control to be properly licensed, but current licensing timelines for entry-level applicators often result in delays between hiring, examination, and license issuance, during which new employees may not legally perform supervised pest control work.
(c) Existing law already allows applicants for operator and field representative licenses to perform work under direct supervision during a limited training period, demonstrating that structured, supervised onboarding can occur safely within California’s regulatory framework.
(d) Allowing a limited, clearly defined provisional supervision period for applicator license applicants who have completed documented training will help address workforce shortages, reduce barriers to entry, and support small businesses, while maintaining full safety and regulatory oversight under Department of Pesticide Regulation supervision standards.

SEC. 3.
Section 8551.6 is added to the Business and Professions Code, to read:
8551.6.
(a) For purposes of this section, all of the following definitions shall apply:
(1) “Direct supervision” means the direction of actions authorized by this section by a licensed operator or field representative who shall be physically present on location and immediately available to intervene.
(2) “Outdoors” means exterior areas, including exterior structural surfaces, exterior perimeters, landscape areas, hardscape areas, and other outdoor areas associated with a structure. “Outdoors” does not include the interior of any structure, including occupied spaces, food-handling areas, attics, crawlspaces, subareas, wall voids, or other enclosed interior areas.
(3) “Supervision” means either direct supervision or the direction of actions authorized by this section by a licensed operator or field representative who is immediately available to the unlicensed individual during pesticide application, either by being physically present at the site or through audio and video communication with access to the customer’s relevant information and the ability to intervene by directing onsite personnel.
(b) Notwithstanding any other law, an unlicensed individual employed by a registered company who has applied for a structural pest control applicator examination in Branch 2 and Branch 3 may apply pesticides included in Branch 2 and Branch 3 outdoors under the supervision of a licensed operator or field representative for a period of up to 60 days, commencing upon Live Scan approval pursuant to paragraph (3), if all of the following conditions are met:
(1) The unlicensed individual has submitted a complete structural pest control applicator examination application to the board, as evidenced by written or electronic confirmation of receipt.
(2) The unlicensed individual has completed the training in pesticide application described in subdivision (c).
(3) The unlicensed individual has submitted fingerprint identification to, and completed a background investigation with, the board.
(c) (1) The training shall, at a minimum, be relevant to Branch 2 and Branch 3 structural pest control work and include sufficient instruction to ensure safe and competent pesticide application. The training shall include, for each pesticide or chemically similar group of pesticides, all of the following:
(A) The unlicensed individual’s responsibility to consumer safety to protect persons, animals, and property while applying pesticides, including sensitive populations such as pregnant women and children.
(B) The format and meaning of information contained in pesticide product labeling and safety data sheets applicable to the safe use of pesticides, including how to identify if a product is either a federal restricted use pesticide or a California restricted material as described in Section 6400 of Title 3 of the California Code of Regulations.
(C) Site preparation requirements, proper pesticide application equipment use, and the necessity and appropriate use of any required personal protective equipment and measures.
(D) Safety requirements and procedures, including decontamination procedures.
(E) Hazards of pesticides, hazard communication, and hazard exposure routes for pesticides, including signs and symptoms of overexposure.
(F) Employee rights.
(2) The training shall include a minimum of 80 hours of documented in-person training in pesticide application under the direct supervision of a licensed operator or field representative.
(3) The training shall include at least four hours of board-approved continuing education, or equivalent board-approved training, focused on pesticide handling, pesticide application, pesticide safety, label compliance, and the applicable laws and regulations.
(4) The training shall be in a manner the employee can understand and in a format or combination of formats determined appropriate by the registered company or supervising licensee, including classroom, field, audiovisual, electronic, written, demonstrative, supervised practical, or other substantially equivalent training methods. The training shall be provided by, or under the direction of, a licensed operator, licensed field representative, registered company, or their designee.
(5) The board may adopt regulations to further specify the training components and competencies required pursuant to this subdivision.
(d) The authorization period provided by this section shall:
(1) Be granted once per individual.
(2) Commence upon Live Scan approval pursuant to paragraph (3) of subdivision (b).
(3) Not be renewed or granted again, including after failure of the examination, submission of a subsequent application, or change in employment.
(4) Terminate upon license issuance, application denial, failure of the examination, or expiration of the 60-day period, whichever occurs first.
(e) The authorization period provided by this section shall not overlap with or extend any training or supervision period authorized under Section 8551.5. An unlicensed individual may begin operating under subdivision (b) prior to completing the 90-day period described in Section 8551.5. However, upon commencement of the authorization under subdivision (b), the unlicensed individual shall no longer be eligible to operate pursuant to Section 8551.5 and any remaining time under Section 8551.5 is forfeited and shall not be reinstated.
(f) This section does not expand or limit any laws authorizing or prohibiting an unlicensed individual from applying a pesticide classified as a restricted use pesticide pursuant to Section 3 of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. Sec. 136a) or a California restricted material as described in Section 6400 of Title 3 of the California Code of Regulations.
(g) (1) Before an unlicensed individual performs work pursuant to this section, the registered company employing the individual shall notify the board and the county agricultural commissioner in each county in which the individual will perform work pursuant to this section. The notice may be provided electronically. The notice shall include all of the following:
(A) The name of the unlicensed individual.
(B) The name and registration number of the registered company.
(C) The name and license number of the supervising licensee.
(D) The applicable branch or branches.
(E) The anticipated dates during which the individual may perform work pursuant to this section.
(2) This subdivision shall not be construed to require approval by the board or the county agricultural commissioner before the unlicensed individual may perform work authorized by this section.
(h) (1) The registered company and supervising licensee shall maintain documentation demonstrating compliance with paragraphs (1) to (3), inclusive, of subdivision (b). The documentation shall include, at a minimum, all of the following:
(A) The dates, start times, end times, and total number of hours of training completed.
(B) The type or types of training provided during each training segment, including whether the training was classroom, filed, audiovisual, electronic, written, demonstrative, supervised practical, or another substantially equivalent training method.
(C) A brief description of the subject matter covered during each training segment.
(D) The name, license type, license number, and signature, which may include an electronic signature, of the licensed operator or licensed field representative who provided, supervised, or was responsible for the training.
(E) Proof of completion of the continuing education or equivalent board-approved training required by paragraph (3) of subdivision (c).
(2) The registered company and supervising licensee shall maintain documentation of the notices provided pursuant to subdivision (g).
(3) The registered company and supervising licensee shall retain the documentation described in this subdivision for not less than three years and shall make that documentation available to the board, the Department of Pesticide Regulation, or the county agricultural commissioner upon request.
(i) This section is operative on January 1, 2028.

SEC. 4.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.
However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.