Director’s Decision on Appeal of a County Agricultural Commissioner Decision (Jose M. Barcinas Docket Number 190)

The Director’s decision on Jose M. Barcinas’s appeal of the $1400 civil penalty levied by the San Diego County Agricultural Commissioner (CAC) is enclosed. The Director affirmed the CAC’s action and penalty, and his decision became final on June 10, 2013.

The San Diego CAC found Jose M. Barcinas in violation of the Food and Agricultural Code, section 12971: Making a recommendation in conflict with the registered product labeling.

Jose M. Barcinas appealed the CAC’s civil penalty decision to the Director. The Director affirmed the CAC’s decision and the violation’s Class A classification. The fine amount was also upheld.

This decision addresses the following concepts:

• The Director makes his decision solely on the record provided by the Hearing Officer. During the hearing the Appellant stipulated to the Hearing Officer selected to hear the case and to the Commissioner’s staff that processed the case. The Appellant, therefore, waived the right to object to these provisions during the appeal.
• The pest control adviser is the party responsible for identifying the crop to be treated when making a pesticide use recommendation.

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

Sincerely,