Structural Pest Control Board Disciplinary Review Committee’s Decision on an Appeal of a County Agricultural Commissioner Action (Docket Number S-019)

The Disciplinary Review Committee’s Decision on Cartwright Termite & Pest Control, Inc.’s appeal of the $1,603 civil penalty levied by the San Diego County Agricultural Commissioner (CAC) is enclosed.

The San Diego CAC had levied the penalty because of Cartwright’s failure to assure that employees wear the label-required personal protective equipment (PPE), and for the use of a pesticide in conflict with its label. The San Diego CAC found the company in violation of Title 3 California Code of Regulations (3 CCR) section 6702 (b)(3) and the Food and Agriculture Code (FAC) section 12973.

The Disciplinary Review Committee overturned the San Diego CAC’s $1,203 fine for three violations of 3 CCR section 6702 (b)(3). The Committee affirmed the $400 fine for the violation of section 12973.

This decision addresses the following key words or concepts:

• Employer-Employee Responsibilities
• Holding an Employer Responsible for the Actions of Its Employees
• Short-timing Aeration
• Vikane Product Label
• Personal Protective Equipment
• Commissioner’s Authority to Levy Penalties
• FAC section 12973
• 3 CCR section 7602

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

Sincerely,