Department of Pesticide Regulation logo
Mary-Ann Warmerdam
Director
California State Seal
Edmund G. Brown Jr.
Governor
02/28/2011
ENF 11-04
To: County Agricultural Commissioners

Director’s Decision on an Appeal of a County Agricultural Commissioner Decision (Docket Number 174)

The Director’s decision on Crystal Organic Farms’ appeal of the civil penalty levied by the Kern County Agricultural Commissioner (CAC) is enclosed. The CAC levied a $1,000 civil penalty for violation of Title 3 California Code of Regulations section 6766(c). Crystal Organic Farms failed to ensure that their employees were immediately taken to a physician when there was reasonable grounds to suspect the employees had a pesticide illness or were exposed to a pesticide that would lead to an illness. The Director concurred with the Commissioner’s position and affirmed the $1,000 fine.

This decision addresses the following key words or concepts:

  • Immediate medical care
  • Use of hearsay evidence to support an enforcement action
  • Use of hearsay evidence in an informal hearing

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,

Original signature by:
Nan Gorder, Ph.D.
Chief, Enforcement Branch
916-324-4100

Enclosures

  • Enclosure
CC:
Mr. Tom Babb, DPR Agricultural Commissioner Liaison
Mr. David Haskell, DPR Research Program Specialist II
Ms. Mona Montano, DPR Research Program Specialist II
Enforcement Branch Liaisons