Director’s Decision on Appeal of a County Agricultural Commissioner’s Decision (Farm Air Flying Service, LLC, Docket Number 214)

The Director’s decision on Farm Air Flying Service’s appeal of the $2,500 civil penalty levied by the Sutter County Agricultural Commissioner (Sutter CAC) is enclosed. The Director affirmed the Sutter CAC’s action and penalty, and his decision became final on April 26, 2018.

The Sutter CAC found Farm Air Flying Service (Farm Air) in violation of Title 3, California Code of Regulations (3 CCR) section 6614(b)(1), Protection of Persons, Animals, and Property, as Farm Air made an aerial pesticide application over non-target property while workers were present. Farm Air appealed the Sutter CAC’s decision to the Director, contending that the decision discussed a separate pesticide regulation, 3 CCR section 6614(a), that they did not violate. The Director determined that the Sutter CAC’s decision was supported by substantial evidence, and that the Sutter CAC had properly categorized the violation.

This decision addresses the following concept:

• A Commissioner’s decision may discuss other pesticide regulations where violations are not alleged. Even if those discussions are part of the decision, they are not relevant as long as the Commissioner provided clear notice of the alleged violation of a pesticide regulation.

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,