Director’s Decision on Appeal of a County Agricultural Commissioner’s Decision (Mendoza Berry Farms, Docket Number 215)

The Director’s decision on Mendoza Berry Farms’ appeal of the $10,000 civil penalty levied by the Monterey County Agricultural Commissioner (Monterey CAC) is enclosed. The Director affirmed the Monterey CAC’s action and penalty, and his decision became final on October 10, 2018.

The Monterey CAC found Mendoza Berry Farms in violation of Title 3, California Code of Regulations (3 CCR) section 6614(b)(1) and Food and Agricultural Code section 12973 when 71 field workers harvesting strawberries in the neighboring field developed pesticide exposure symptoms. Mendoza Berry Farms appealed the Monterey CAC’s decision to the Director, contending the county was delayed in taking residue and clothing samples and did not consider wind data from a specific California Irrigation Management Information System (CIMIS) station, which recorded wind speeds below the limit on the pesticide label. The Director determined that the Monterey CAC’s decision was supported by substantial evidence, and that the violation was properly categorized.

This decision addresses the following concepts:

• The Commissioner may consider wind data from other sources than CIMIS stations
• The lack of physical samples may not negate other evidence used to support a 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,