Director’s Decision on Appeal of a County Agricultural Commissioner Decision (Brothers Nursery, Inc., Docket Number 184)

The Director’s decision on the Brothers Nursery’s appeal of the civil penalty levied by the San Diego County Agricultural Commissioner (CAC) is enclosed.

The San Diego CAC found the Brothers Nursery, Inc. in violation of Title 3 of the California Code of Regulations section 6738(b) and levied a $250 penalty. The Brothers Nursery, Inc. appealed the CAC’s action to the Director. The Director affirmed the CAC’s decision and penalty. The Director’s decision became final on September 6, 2011.

This decision addresses the following concepts/issues:

• Regulations require designated personal protective equipment (PPE) be worn even when the pesticide label does not require it to be worn.
• The CAC correctly set the fine and followed the Enforcement Response Regulations.

Please make this information available to your staff as a reference in preparing cases. If you have any questions, please contact Mr. David Haskell, Research Program Specialist II, at 916-445-4207, or the Enforcement Branch Liaison assigned to your county.

Sincerely,