Director’s Decision on Appeal of Kern County Agricultural Commissioner’s Decision (D & J Farm Management, Docket Number 225)

The Director’s Decision on D & J Farm Management’s (DJFM) appeal of the $13,000 revised civil penalties levied by the Kern County Agricultural Commissioner (CAC) is enclosed. The Director affirmed the CAC’s actions and penalties. The Director’s decision was signed on June 29, 2021 and became final after 30 days when not appealed.

The Kern CAC’s final decision found DJFM committed four (4) violations of California Food and Agricultural Code (FAC) section 12973 by allowing sulfur dust to drift, in conflict with the registered labeling, onto five (5) employees; and one violation of Title 3, California Code of Regulations section 6724(f) by failing to provide Pesticide Safety Training by a qualified trainer. DJFM appealed the CAC’s decision to the Director asserting that no FAC section 12973 violations occurred for a number of reasons.

The Director determined the CAC’s decisions were supported by substantial evidence and the CAC properly categorized the violations, including determination of aggravating circumstances. The $13,000 total fine was confirmed.

This decision addresses the following concepts:

• It is the applicator’s responsibility to apply a pesticide in a way that it does not contact other persons. That responsibility cannot be transferred to the application equipment or complainants.
• The fact that complainants were wearing some personal protective equipment when drifted on does not outweigh the evidence in the record finding violation of FAC section 12973.

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

Sincerely,