Vasquez

I.

FACTUAL AND PROCEDURAL

BACKGROUND

A. The Regulatory Scheme Division 7, chapter 2 of the Food and Agriculture Code and its implementing regulations in title 3, division 6 of the California Code of Regulations “establish a comprehensive program under which the

1All further undesignated statutory references are to the Food and Agriculture Code. 2Although the Department is technically a respondent because it did not appeal, it submitted briefing in which it also argues that the trial court erred by granting summary judgment to plaintiffs. 3The applicability of sections 12980 and 12981 will depend on the contours of any final adopted regulation. We deny as unnecessary Dow’s and the Department’s requests for judicial notice of legislative history of sections 12980 and 12981 and various Department documents. (See Adams v. Bank of America, N.A. (2020) 51 Cal.App.5th 666, 673, fn. 4.)

2 Department regulates the manufacture, distribution, sale, and use of pesticides.” 4 (Californians for Alternatives to Toxics v. Department of Pesticide Regulation (2006) 136 Cal.App.4th 1049, 1056 (Californians for Alternatives).) A pesticide cannot be sold in California unless it is registered…