ARTICLE 5. Labeling and Warranty [12851. - 12859.]

Cal. Food and Agricultural Code - FAC 5.
in effect

Cal. Food and Agricultural Code - FAC § 12851. Section 12851.

The registrant of any pesticide shall attach to each separate lot, and each separate, finished, sealed, or closed container or package of pesticide that the registrant intends to sell within this state, a plainly printed label, that states all of the following: (a) The name, brand, or trademark, if any, under which the pesticide is sold. (b) The name and address of the registered manufacturer, importer, or vendor.

Cal. Food and Agricultural Code - FAC § 12852. Section 12852.

The registrant of any pesticide that is sold or delivered to a consumer in this state shall furnish printed directions for use, and dilution if any, upon the label, or shall enclose the printed directions in each container or package of the pesticide.

Cal. Food and Agricultural Code - FAC § 12853. Section 12853.

A registrant of pesticides may print upon the label of any sealed or closed container or package of pesticide that the registrant intends to sell within this state, or upon the label of any opened lot from which sales have been authorized by the director, such limitations of warranty with respect to the use of the pesticide, as the registrant may consider proper.

Cal. Food and Agricultural Code - FAC § 12854. Section 12854.

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.

Cal. Food and Agricultural Code - FAC § 12855. Section 12855.

Except as otherwise provided in this article, the registrant is not liable for any injury or damage that is suffered solely by reason of any of the following: (a) The use of the pesticide for a purpose that is not indicated by the label. (b) The use of the pesticide contrary to the printed directions of the registrant or seller. (c) The breach of any warranty by the registrant that is not expressly printed on the label.

Cal. Food and Agricultural Code - FAC § 12857. Section 12857.

The director , pursuant to regulations prescribed by him or her, may authorize sales of pesticides to be made out of a registrant’s opened but properly labeled lot, container, or package. The director shall serve notice of the proposed action by depositing a copy of it in a United States post office, inclosed in a sealed envelope with postage prepaid and addressed to each registrant at his or her last address on file with the department. The director shall allow 15 days, during which time any protest may be filed.

Cal. Food and Agricultural Code - FAC § 12858. Section 12858.

The statement of ingredients in any pesticide that is intended and sold for internal administration to animals may be given in terms of dosage in lieu of percentage by weight as required by Article 4 (commencing with Section 12811) and Article 6 (commencing with Section 12881).

Cal. Food and Agricultural Code - FAC § 12859. Section 12859.

The director shall adopt regulations governing the labeling of service containers. The labeling regulations shall not apply to containers used by a person engaging in the business of farming when the containers are used on the property that the person is farming. The regulations shall provide that the labeling only include the following: (a) The name and address of the person or firm responsible for the container. (b) The identity of the pesticide in the container. (c) The word “DANGER”, “WARNING”, or “CAUTION” in accordance with the label on the original container.
Source: CA Legislative Counsel Bulk DataURL: https://downloads.leginfo.legislature.ca.gov/pubinfo_2025.zipFetched: 6/27/2026

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