Director’s Decision on Appeal of Butte County Agricultural Commissioner’s Decision (Millennium Farms, LLC, Docket Number 223)

The Director’s Decision on Millennium Farms’ (Millennium) appeal of the $500 total civil penalties levied by the Butte County Agricultural Commissioner (CAC) is enclosed. The Director affirmed the CAC’s actions and penalties. The Director’s decision was signed on May 24, 2021, and became final after 30 days when not appealed.

The Butte CAC found Millennium committed two violations of California Food and Agricultural Code (FAC) section 12973, use of a pesticide in conflict with registered labeling.

Millennium appealed the CAC’s decision to the Director asserting that the CAC’s decision to fine it $500 for two violations of FAC section 12973 was incorrect for a number of reasons. The Director determined the CAC’s decisions were supported by substantial evidence, the CAC properly categorized the violations, and the $500 total fine is a reasonable exercise of the CAC’s discretion.

This decision addresses the following concepts:

• The pesticides were used in conflict with their labeling by applying when conditions favored drift offsite to non-target areas.
• Allegations of a conflict of interest must be substantiated by evidentiary support.

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,