Structural Pest Control Board Disciplinary Review Committee’s Decision on Appeal of a County Agricultural Commissioner’s Decision (Mega Fume, Inc., Docket Number S-030)

The Disciplinary Review Committee (DRC) of the Structural Pest Control Board’s decision on Mega Fume, Inc. appeal of the civil penalty levied by the County Agricultural Commissioner of the County of San Bernardino (San Bernardino CAC) is enclosed. The DRC reversed the San Bernardino CAC’s action and penalty, and their decision became final on January 26, 2017.

The San Bernardino CAC found Mega Fume, Inc. in violation of section 6780(c) of Title 3 of the California Code of Regulations (3CCR), for not following the California Aeration Plan (CAP). Mega Fume, Inc. appealed the San Bernardino CAC’s decision arguing that 3 CCR 6780(c) does not require them to comply with the procedures outlined in the CAP.

The DRC determined that 3CCR 6780(c) authorizes the Director to review and accept a Fumigant Safety Plan, but does not require employers to follow the Fumigant Safety Plan.

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

Sincerely,