Department of Pesticide Regulation

PESTICIDE USE ENFORCEMENT PROGRAM STANDARDS COMPENDIUM, VOLUME II - ENFORCEMENT RESPONSE REGULATIONS REPLACEMENT PAGES

The Office of Administrative Law approved the adoption of Title 3, California Code of Regulations (3CCR) section 6128, "Enforcement Response" and the amendment of 3CCR section 6130, "Civil Penalty Actions by Commissioners." These new regulations became effective November 30, 2006, and are summarized below:

• Title 3, CCR section 6128 includes definitions for "compliance action," "decision report," and "enforcement action." This section also specifies appropriate enforcement responses to be taken by county agricultural commissioners (CACs) each time a violation(s) of law or regulation occurs related to pesticide use.
• Title 3, CCR section 6130(a)(2) clarifies an earlier definition of "repeat violation."

The Enforcement Response regulations supersede the Enforcement Response Policy (ERP) of August 2005, distributed as CAC Letter, ENF 2005-025, dated August 30, 2005. The ERP is useful for general background information, but in any case of conflicting guidance the Enforcement Response regulations are to be followed.

The Enforcement Response regulations and ERP apply to both agricultural and structural violations.

Sections 6128 and 6130 have been formatted for inclusion in the Pesticide Use Enforcement Program Standards Compendium, Volume II (Laws and Regulations). To access the officially maintained version of the regulations (3CCR), use the link found on DPR´s Web site at: www.cdpr.ca.gov/docs/legbills/opramenu.htm

Enclosed are the text for the new regulations and a revised replacement page guide for updating your manual.

If you have any questions, please contact the Enforcement Branch Liaison assigned to your county.

cc:   Mr. Roy Rutz, Agriculture Program Supervisor IV
        Ms. Kelli Okuma, Registrar, Structural Pest Control Board
        Mr. James Shattuck, DPR Agricultural Commissioner Liaison