Director’s Decision on Appeal of a County Agricultural Commissioner’s Decision (Tri-Cal, Inc., Docket Number 212)

The Director’s decision on Tri-Cal, Inc.’s appeal of the $700 civil penalty levied by the Kern County Agricultural Commissioner (Kern CAC) is enclosed. The Director affirmed the Kern CAC’s action and penalty, and his decision became final on November 9, 2017.

The Kern CAC found Tri-Cal, Inc. in violation of the California Food and Agricultural Code (FAC) section 12973, pesticide use in conflict with registered labeling. Specifically, the driver of the tractor sealing the pesticide application with a disk did not receive the required chloropicrin or respirator training before performing this handling task.

Tri-Cal, Inc. appealed the Kern CAC’s decision to the Director, contending that although the certified applicator was a Tri-Cal employee, the person performing the handling activities was not, and therefore, Tri-Cal should not be held responsible for failing to ensure that this handler received appropriate training. The Director determined that the Kern CAC’s decision was supported by substantial evidence, and that the Kern CAC had properly categorized the violation.

This decision addresses the following concept:

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,