Director’s Decision on Appeal of a County Agricultural Commissioner Decision (Alpha & Omega Gardening, Inc. Docket Number 188)

The Director’s decision on Alpha & Omega Gardening, Inc’s. appeal of the $850 civil penalty levied by the Kern County Agricultural Commissioner (CAC) is enclosed. The Director affirmed the CAC’s action and penalty, and his decision became final on February 13, 2013.

The Kern CAC found Alpha & Omega Gardening, Inc. in violation of the following sections of Title 3 of the California Code of Regulations:

• 6676, Container Requirements;
• 6678, Service Container Labeling; and
• 6702, Employer-Employee Responsibilities.

Alpha & Omega Gardening, Inc. appealed the CAC’s civil penalty decision to the Director. The Director found the CAC had properly determined that each of the violations was a Class B violation, and the penalty amounts were appropriate.

This decision addresses the following concept:

• Worker protection and pesticide container regulations are designed to protect health, property and the environment. Therefore, a violation of these regulations will almost always be considered a Class A or B violation.

Please make this information available to your staff as a reference in preparing cases. If you have any questions, please contact the Enforcement Branch Liaison assigned to your county.

Sincerely,