Director’s Decision on Appeal of a County Agricultural Commissioner Decision (T&C Vineyards, Docket Number 186)

The Director’s decision on T&C Vineyards’ appeal of the $15,500 civil penalty levied by the Fresno County Agricultural Commissioner (CAC) is enclosed. The Director affirmed the CAC’s action and penalty, and his decision became final on July 2, 2012. 

The Fresno CAC found T&C Vineyards in violation of Food and Agricultural Code, section 12973, use of a pesticide in conflict with registered labeling; and the following sections of Title 3 of the California Code of Regulations:

• 6412, Restricted Material Permit Requirements;
• 6434, Notice of Intent;
• 6616, Consent to Apply;
• 6680, Prohibited Containers for Pesticides;
• 6723, Hazard Communication for Pesticide Handlers;
• 6723.1, Application-Specific Information for Handlers; and
• 6724, Handler Training.

This decision addresses the following concepts:

• There can be several separate and distinct violations of laws and regulations that precipitate from a single event. The Fresno CAC presented evidence to support each of the charged violations.
• Violations of pesticide regulatory statutes are considered “public welfare offenses” requiring neither guilty knowledge nor intent.

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

Sincerely,