Section 6197 - Applicability of Section 6196 to Data Obtained Pursuant to Food and Agricultural Code Section 12824(a) Data protection and compensation otherwise applicable to the adoption of federal authority by Section 6196 does not apply to situations described in subsection (d)(1) of Section 13127 and subsection (d) of Section 13146 of the Food and Agricultural Code in which the director obtains data and makes assessments on registrants for the costs thereof pursuant to Section 12824 of the Food and Agricultural Code.(b) The director will determine in each matter under subsection (a) the appropriate means of making and collecting the assessments. The amount of the assessment shall be the total cost to the Department to obtain the data less any appropriation the director may have requested, provided such appropriation will be received by the Department. The assessments shall be charged to the registrants of an active ingredient for which data gaps exist in proportion to the total amount of the registrant's pesticide products containing the active ingredient which the registrant reported sold pursuant to Section 6388 for the most current year prior to the assessment for which such records are available. The assessments will be collected before the director initiates the required tests.(c) The adoption of federal authority pursuant to Section 6196 does not affect the director's authority to suspend or cancel registrations for failure of registrants to submit data, or comply with assessment orders made pursuant to Food and Agricultural Code Section 12824, either separately or in conjunction with other authority.Cal. Code Regs. Tit. 3, § 6197
1. New section filed 6-1-87; operative 6-1-87 pursuant to Government Code Section 11346.2(d) (Register 87, No. 24).
2. Amendment of subsection (b) filed 2-27-89; operative 3-29-89 (Register 89, No. 9).
3. Change without regulatory effect amending subsection (b) filed 3-27-97 pursuant to section 100, title 1, California Code of Regulations (Register 97, No. 13). Note: Authority cited: Sections 12781, 13127 and 13146, Food and Agricultural Code. Reference: Sections 13127 and 13143, Food and Agricultural Code.
1. New section filed 6-1-87; operative 6-1-87 pursuant to Government Code Section 11346.2(d) (Register 87, No. 24).
2. Amendment of subsection (b) filed 2-27-89; operative 3-29-89 (Register 89, No. 9).
3. Change without regulatory effect amending subsection (b) filed 3-27-97 pursuant to section 100, title 1, California Code of Regulations (Register 97, No. 13).