Director’s Decision on Appeal of a County Agricultural Commissioner Decision (Soil Fume, Inc. Docket Number 191)

The Director’s decision on Soil Fume, Inc.’s appeal of the $4100 civil penalty levied by the Santa Barbara County Agricultural Commissioner (CAC) is enclosed. The Director affirmed the CAC’s action and penalty, and his decision became final on July 8, 2013.

The Santa Barbara CAC found Soil Fume, Inc. in violation of Title 3 of the California Code of Regulations (3CCR) section 6600(b): General Standards of Care. Soil Fume, Inc. appealed the CAC’s decision and the Class A classification to the Director. The Director affirmed the CAC’s decision and that the CAC had properly classified the violation as a Class A violation.

This decision addresses the following concepts:

• The applicator must perform pest control in a “careful” manner as required by 3CCR 6600(b), which in some instances means going beyond the minimum requirements set forth in specific laws and regulations.
• The Director decides appeals based solely on the record from the CAC hearing. New evidence provided after the hearing cannot be considered on appeal.

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,