Director’s Decision on Appeal of a County Agricultural Commissioner’s Decision (Critter Control of San Diego County, Docket Number 199)

The Director’s decision on Critter Control of San Diego County’s (Critter Control’s) appeal of the $250 civil penalty levied by the County Agricultural Commissioner of the County of San Diego (San Diego CAC) is enclosed. The Director affirmed the San Diego CAC’s action and penalty, and his decision became final on April 30, 2014.

The San Diego CAC found that Critter Control violated California Food and Agricultural Code (FAC) section 11701, operating as a pest control business without a Pest Control Business License. Critter Control appealed the San Diego CAC’s decision to the Director. The Director determined that the San Diego CAC’s decision was supported by substantial evidence, and that the San Diego CAC had properly classified the violation and exercised appropriate discretion in selecting the fine amount.

This decision addresses the following concept:

• The licensing exemption contained in FAC section 11531(e) only applies to the live capture and removal or exclusion of certain vertebrate pests, bees, or wasps without the use of pesticides. The exemption does not apply to the lethal trapping of rodents.

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,