Director’s Decision on Appeal of a County Agricultural Commissioner’s Decision (Barrow’s Landscaping Inc., Docket Number 216)

The Director’s decision on Barrow’s Landscaping Inc. appeal of the $500 civil penalty levied by the Placer County Agricultural Commissioner (Placer CAC) is enclosed. The Director affirmed the Placer CAC’s action and penalty, and his decision became final on October 31, 2018.

The Placer CAC found Barrow’s Landscaping Inc. in violation of Title 3, California Code of Regulations (3 CCR) section 6678 for using a service container that was not properly labeled, and Food and Agricultural Code (FAC) Section 12973, failure to follow label instruction by applying pesticides without wearing waterproof gloves. Barrow’s Landscaping Inc. appealed the Placer CAC’s decision to the Director, contending that he removed his gloves when the inspector approached him. The Director determined that the Placer CAC’s decision was supported by substantial evidence, and that the Placer CAC had properly categorized the violation.

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,