Director’s Decision on an Appeal of a County Agricultural Commissioner Decision (Charlene & Eugene Tenbrink, Docket Number 181)

The Director’s decision on Charlene & Eugene Tenbrink’s appeal of the civil penalty levied by the Solano County Agricultural Commissioner (CAC) is enclosed.

The Solano CAC determined that Charlene & Eugene Tenbrink possessed and applied a restricted material without a valid restricted material permit. The Commissioner found them in violation of California Code of Regulations section 6412(a) and fined them $500. Charlene & Eugene Tenbrink appealed the Commissioner’s decision and penalty to the Director. The Director issued her decision affirming the Commissioner’s decision and penalty on March 10, 2011. The Director’s decision became final on April 20, 2011.

This decision addresses the following key words or conditions/concepts:

• Lack of knowledge that a pesticide has been designated as a restricted material is not a valid defense for violating a restricted material permit requirement.

Please make this information available to your staff as a reference in preparing 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,