Director’s Decision on Appeal of a County Agricultural Commissioner Decision (Pacific Rotors, Inc. Docket Number 192)

The Director’s decision on Pacific Rotors, Inc.’s appeal of the $700 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 25, 2013.

The San Diego CAC found Pacific Rotors, Inc. in violation of the Food and Agricultural Code (FAC) section 12973: Use in conflict with the registered product labeling.

Pacific Rotors, Inc. appealed the CAC’s violation to the Director. The Director affirmed the CAC’s decision and the levy of the fine.

This decision addresses the following concepts:

• FAC section 12973 is a strict liability statute, and a violation can be confirmed without any need to prove the appellant acted with any intent or unreasonableness.
• Although the grower is required to identify the commodities he/she grows on county documents, the applicator is still responsible for ensuring that the pesticide labeling permits the application to the crop being treated.

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,