Brian R. Leahy
Director

Edmund G. Brown Jr.
Governor

The Director's decision on Gerawan Farming's appeal of the $5,000 civil penalty levied by the Fresno County Agricultural Commissioner (CAC) is enclosed. The Director affirmed the Fresno CAC's action and penalty, and his decision became final on October 12, 2015.

The Fresno CAC found that Gerawan Farming violated Title 3 of the California Code of Regulations, section 6618, Notice of Applications. Gerawan Farming appealed the Fresno CAC's violation class designation and fine level to the Director. The Director determined that the Fresno CAC properly designated the violation as a Class A violation and that the penalty amount was appropriate.

This decision addresses the following concept:

• Violations of regulations that mitigate the risk of adverse health effects are, at a minimum, designated as Class B violations. Aggravating circumstances, including demonstrating disregard for specific hazards of a pesticide support elevating these violations to Class A. Actual illness or injury is unnecessary to demonstrate disregard for a pesticide hazard.

Please make this information available to your staff as a reference in preparing cases. If you have any questions, please contact the Enforcement Branch Liaison assigned to your county.

Sincerely,

Original Signature by:

Enclosure:
Docket No. 203, PDF (153 kb)

cc: Mr. Joe Marade, DPR Agricultural Commissioner Liaison (w/Enclosures)
      Enforcement Branch Liaison

1001 I Street  ·   P.O. Box 4015  ·  Sacramento, California 95812-4015  ·  www.cdpr.ca.gov
A Department of the California Environmental Protection Agency