Director’s Decision on an Appeal of a County Agricultural Commissioner Decision (Docket Number 121)

Enclosed is Administrative Docket Number 121, which contains the Director´s Decision on an Appeal of an Agricultural Civil Penalty, levied against the San Joaquin Sulphur Company by the Calaveras County Agricultural Commissioner for violations of Title 3, California Code of Regulations (3CCR) sections 6568(a) and 3CCR section 6568(c).

The Commissioner´s Decision was overturned in part and affirmed in part and surrounds the interpretation of the word “and” and the word “or” in Statute. Toward the end, 3CCR section 6568(a) must be read: A pesticide seller´s obligations under the law are met if he or she obtains a copy of the restricted material permit prior to the sale of the material, or if he or she obtains a copy of the restricted materials permit prior to its delivery. The Legislature clearly intended to prohibit the possession or use of a restricted material without a permit by requiring the proof of permit before delivery. Either way, the restricted material will not be possessed or used without proof of permit.

Please make this information available to your staff so they can use it as a training tool in preparing cases.

If you have any questions, please contact Louis Watson, of my staff, at (916) 445-3894, or the Enforcement Branch Liaison assigned to your county.

Sincerely,