Director’s Decision on Appeal of a County Agricultural Commissioner Decision (Tri-Cal, Inc. Docket Number 189)

The Director’s decision on Tri-Cal, Inc.’s appeal of the $2500 civil penalty levied by the San Luis Obispo County Agricultural Commissioner (CAC) is enclosed. The Director affirmed the CAC’s action and penalty, and his decision became final on June 18, 2013.

The San Luis Obispo CAC found that Tri-Cal, Inc. had committed two separate violations of the Food and Agricultural Code, section 12973: Use in conflict with the registered product labeling. The CAC classified one of the violations as Class B and the other as Class A.

Tri-Cal, Inc. appealed to the Director the CAC’s civil penalty decision for the Class A violation. The Director affirmed the CAC’s decision and the violation’s Class A classification. He also upheld the fine amount.

This decision addresses the following concept:

Phase 2 soil fumigant labeling requires the certified applicator supervising the application to communicate in a manner that both the site owner and persons performing post-application handling activities can understand, any information needed to comply with labeling requirements and procedures described in the Fumigation Management Plan. Merely providing written materials may not be sufficient to comply with this communication requirement.

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,