Structural Pest Control Disciplinary Review Committee’s Decision on An Appeal of a County Agricultural Commissioner Decision (License-To-Kill, Docket Number S-022)

The Disciplinary Review Committee’s (DRC) Decision on License-To-Kill’s appeal of the $5,000 civil penalty levied by the San Diego County Agricultural Commissioner (CAC) is enclosed. The DRC affirmed the San Diego CAC’s action, and the decision became final on November 14, 2011.

The San Diego CAC found License-to-Kill (LTK) in violation of Title 3, California Code of Regulations (3 CCR), section 6600, for failure to perform pest control work in a careful and effective manner by not following the local gas company’s required procedures for proper gas shut off. The CAC found this failure created an actual health and environmental hazard, and levied a serious violation class $5,000 fine. LTK appealed the violation and penalty to the DRC. The DRC determined the CAC has authority and jurisdiction to find LTK in violation of 3 CCR, section 6600, and the actions taken by LTK created an actual health or environmental hazard.

This decision addresses the following concepts/issues:

• The CAC has the jurisdiction and authority to enforce safety regulations pertaining to the general standards of care necessary for persons performing pest control; in this case, a standard for structural fumigation.
• When applying a pesticide, the applicator must follow all instructions on the registered labeling, not just those limited instructions which might be present on the product container; in this case, a gas canister.

Please make this information available to your staff as a reference in preparing cases. If you have any questions, please contact Mr. David Haskell, Research Program Specialist II, at 916-445-4207, or the Enforcement Branch Liaison assigned to your county.

Sincerely,