Gov. Code, § 862 · Chapter 7. Use of Pesticides
Gov. Code, § 862
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
(a) As used in this section, “pesticide” means:
(1) An “economic poison” as defined in Section 12753 of the Agricultural Code;
(2) An “injurious material” the use of which is regulated or prohibited under Chapter 3 (commencing with Section 14001) of Division 7 of the Agricultural Code; or
(3) Any material used for the same purpose as material referred to in paragraphs (1) and (2).
(b) A public entity is liable for injuries caused by its use of a pesticide to the same extent as a private person except that no presumption of negligence arises from the failure of a public entity or a public employee to comply with a provision of a statute or regulation relating to the use of a pesticide if the statute or regulation by its terms is made inapplicable to the public entity or the public employee.
(c) Sections 11761 to 11765 of the Agricultural Code, relating to reports of loss or damages from the use of pesticides, apply in an action against a public entity under this section.
Notes and commentary — not statutory text
History
Added by Stats. 1970, Ch. 1099.
Source of truth
- Edition
- As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
- Official file
- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV§ionNum=862.
- Text hash
- sha256 8e3af815dca425c736cc9f36e424d3ff5d132a1c9348d05b8fa1f8155650e5d7
- Composed by
- compose_ca.py 2026-10-22: the Legislative Counsel's CAML content files read by a tokenizer (caml_readers.reader_a); an independent xml.etree reading (caml_readers.reader_b) agrees on every section
Cited by 1 provision
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Food and Agricultural Code
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