Director’s Decision on Appeal of a County Agricultural Commissioner Decision (Soilfume, Inc. Docket Number 194)

The Director’s decision on SoilFume, Inc’s appeal of the $2,550 civil penalty levied by the Monterey County Agricultural Commissioner (CAC) is enclosed. The Director affirmed the CAC’s action and penalties, and his decision became final on October 30, 2013.

The Monterey CAC found SoilFume, Inc. committed three separate violations of Food and Agricultural Code (FAC) section 12973; application of a pesticide in conflict with conditions of a permit issued by a commissioner.

SoilFume, Inc. appealed the violations to the Director on the basis that SoilFume, Inc. did notify neighboring property operators. The Director affirmed that substantial evidence supported each CAC decision, 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 concepts:

• Failure to comply with any condition of a permit issued by a commissioner is a violation of FAC section 12973.
• Violations of multiple permit conditions can be cited as multiple violations of FAC section 12973.

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,