Director’s Decision on Appeal of a County Agricultural Commissioner’s Decision (Davey Tree Surgery Company, Docket Number 202C)

The Director’s decision on Davey Tree Surgery Company’s appeal of the 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 December 1, 2015.

The San Diego CAC found Davey Tree Surgery Company in violation of California Food and Agricultural Code section 12973, pesticide use in conflict with registered labeling. Davey Tree Surgery Company appealed the San Diego CAC’s civil penalty decision on the argument that despite straying from the label application instructions, their method of application was an ” industry norm” and therefore did not conflict with the label instructions.

The Director determined that the San Diego CAC’s decision was supported by substantial evidence and that the San Diego CAC had properly categorized the violations. This decision reaffirms that mandatory label statements (i.e. statements written in imperative or directive sentences) must be followed regardless of shifting “industry standards.”

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,