Director’s Decision on Appeal of a County Agricultural Commissioner’s Decision (Tri Cal, Inc., Docket Number 204)

The Director’s decision on Tri Cal, Inc.’s appeal of the $250 civil penalty levied by the San Diego County Agricultural Commissioner (CAC) is enclosed. The Director affirmed the San Diego CAC’s action and penalty, and his decision became final on October 27, 2015.

The San Diego CAC found Tri Cal, Inc. in violation of California Food and Agricultural Code (FAC) section 12973, pesticide use in conflict with registered labeling.

Tri Cal, Inc. admitted the violation, however, appealed the San Diego CAC’s decision to classify the violation as Class B 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 categorized the violation.

This decision addresses the following concept:

• The standard for deciding if a violation should be classified as B or C is whether the law or regulation designed to mitigate “the risk of adverse health, property, or environment effects” was violated, not whether someone’s health was in actual danger. FAC 12973 is a law intended to mitigate risks to health, property, and the environment.

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,