Director’s Decision on an Appeal of a County Agricultural Commissioner Decision (Docket Number 139)

Enclosed is Administrative Docket Number 139, which contains the Director´s Decision on an Appeal of an Agricultural Civil Penalty, levied against Western Farm Service by the San Luis Obispo County Agricultural Commissioner (CAC) for a violation of Food and Agricultural Code section 12973.

The Appellant contended that the employee acted independently for failing to use a pressure gauge as required by the restricted materials permit conditions, citing the Independent Employee Action Defense and, that the most specific law or regulation was not cited. The Director upheld the CAC´s decision.

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 Mr. Louis Watson, Senior Special Investigator, at (916) 445-3894, or the Enforcement Branch Liaison assigned to your county.

Sincerely,