Director’s Decision on Appeal of a County Agricultural Commissioner’s Decision (Alpine Helicopter Service, Inc., Docket Number 213)

The Director’s decision on Alpine Helicopter Service, Inc. appeal of the $500 civil penalty levied by the San Joaquin County Agricultural Commissioner (San Joaquin CAC) is enclosed. The Director affirmed the San Joaquin CAC’s action and penalty, and his decision became final on May 11, 2018.

The San Joaquin CAC found Alpine Helicopter Service, Inc. in violation of Title 3, California Code of Regulations (3 CCR) section 6614(b)(3), Protection of Persons, Animals, and Property, as Alpine Helicopter Service made an aerial pesticide application that drifted onto a non-target vehicle traveling on a road alongside the application site. Alpine Helicopter Service, Inc. appealed the San Joaquin CAC’s decision to the Director, contending the San Joaquin CAC failed to prove a violation based on several grounds. The Director determined that the San Joaquin CAC’s decision was supported by substantial evidence, and that the San Joaquin CAC had properly categorized the violation.

This decision addresses the following concept:

• 3 CCR section 6614(b)(3) does not require that a health effect be demonstrated in order for a health hazard to be present.

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

Sincerely,