Director’s Decision on an Appeal of a County Agricultural Commissioner Decision (Docket Number 165)

The Director’s Decision on Larry Sweden’s appeal of the Civil Penalty levied by the Los Angeles County Agricultural Commissioner (CAC) is enclosed. The Los Angeles CAC levied the penalty for violation of Food and Agricultural Code (FAC) section 11701 which makes it unlawful to advertise, solicit, or operate a pest control business without a valid pest control business license. The Commissioner also found Larry Sweden in violation of California Code of Regulations sections 6702(b)(5), 6738(b)(1)(C), and 6738(c)(1)(C) for failure to assure that applicators wear the label required personal protective equipment.

The Director upheld the CAC’s findings. Mr. Sweeden’s business was not licensed to make pesticide applications which is a violation of FAC section 11701. Mr. Sweeden failed to take reasonable measures to assure that his employees handle and use pesticides in accordance with the requirements of the law, regulations and the product label, including wearing the required personal protective equipment.

Please make this information available to your staff so they can use it as a training tool in preparing Notices of Proposed Actions. 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,