Director’s Decision on Appeal of a County Agricultural Commissioner’s Decision (Agrichem Services, Inc., Docket Number 209)

The Director’s decision on Agrichem Services, Inc.’s appeal of the $4,000 civil penalty levied by the Sonoma County Agricultural Commissioner (Sonoma CAC) is enclosed. The Director affirmed the Sonoma CAC’s action and penalty, and his decision became final on May 11, 2017.

The Sonoma CAC found Agrichem Services, Inc. in violation of California Food and Agricultural Code (FAC) section 12973, pesticide use in conflict with registered labeling by failing to prevent pesticide drift resulting in damage to a non-target vineyard.

Agrichem Services, Inc. appealed the Sonoma CAC’s decision to the Director arguing insufficient evidence was presented to establish the pesticide damage to the nearby vineyard was a result of their application. The Director determined that the Sonoma CAC’s decision was supported by substantial evidence, and that the Sonoma CAC had properly categorized the violation.

This decision addresses the following concept:

• When substantial evidence supports a county decision, the Director will find in favor of the county.
• The Appellant’s mere allegations that the evidence did not support the decision are insufficient to overcome the Director’s findings of substantial evidence.

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,