Director’s Decision on an Appeal of a County Agricultural Commissioner Decision (Docket Number 153)

Enclosed is Administrative Docket Number 153, which contains the Director’s Decision on an Appeal of an Agricultural Civil Penalty, levied against Cavanagh Flying Service by the Stanislaus County Agricultural Commissioner (CAC) for a violation of Food and Agricultural Code section 12973.

The Director upheld the CAC’s findings. The Hearing Officer determined that the appellant argued an overly narrow reading of the label’s prohibition on drift and found that pesticide residue on a transformer in a locked fenced area was clearly part of an “associated property” and “park” or “recreation area” within the meaning of the label.               

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,