Director’s Decision on Appeal of a County Agricultural Commissioner’s Decision (Tim Martin, Docket Number 205)

The Director affirmed in part and reversed in part the Placer County Agricultural Commissioner’s decision to pursue an administrative civil penalty against a homeowner.

Mr. Tim Martin, a non-commercial homeowner, appealed two fines of $250 each for violating Food and Agricultural Code section 12973 (use in conflict with the label) and California Code of Regulations, title 3, section 6602 (availability of labeling at use site) levied by the Placer County Agricultural Commissioner. Mr. Martin was a non-licensed, non-commercial, residential homeowner growing grapes on this property for his own personal use.

The Director upheld the Commissioner’s decision that Mr. Martin violated Food and Agricultural Code section 12973, by allowing a worker to apply a glyphosate herbicide on his property without wearing long pants and a long sleeved shirt required by the label. The Director reversed the Commissioner’s decision as to a violation of California Code of Regulations, title 3, section 6602, requiring that Mr. Martin have a copy of the registered pesticide labeling available at the use site, based on the Director’s interpretation of Section 6602.

The Director’s decision became final on December 5, 2016.

The unique facts of this decision highlight the need for additional clarification on existing guidance regarding civil penalty actions against homeowners and the interpretation and practical application of Title 3, California Code of Regulations, section 6602 (Availability of Labeling).

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,