Director’s Decision on Appeal of a County Agricultural Commissioner Decision (Tri Cal, Inc. Docket Number 198)

The Director’s decision on Tri Cal, Inc.’s appeal of the $1,400 civil penalty levied by the County Agricultural Commissioner of the County of Santa Barbara (Santa Barbara CAC) is enclosed. The Director affirmed the Santa Barbara CAC’s action and penalty, and his decision became final on March 31, 2014.

The Santa Barbara CAC found that Tri Cal, Inc. committed two violations of California Food and Agricultural Code (FAC) section 12973, pesticide use in conflict with registered labeling. Tri Cal, Inc. appealed the Santa Barbara CAC’s decision to the Director. The Director determined that the Santa Barbara CAC’s decision was supported by substantial evidence, and that the Santa Barbara CAC had properly categorized the violations and properly considered Tri Cal, Inc.’s compliance history in assigning the fines.

This decision addresses the following concepts:

• The Director decides an appeal based on the record before the Hearing Officer. The Director cannot consider new evidence in reaching a decision on appeal.
• Where witnesses present contradictory testimony or information, issues of witness credibility are the province of the Hearing Officer.
• Failure to accurately provide information that is required by registered labeling is tantamount to not providing the information at all, and as such is a violation 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,