Director’s Decision on Appeal of Monterey County Agricultural Commissioner’s Decision (David W. Frye, Docket Number 220)

The Director’s Decision on Mr. David W. Frye’s appeal of the $1,000 civil penalty levied by the Monterey County Agricultural Commissioner (CAC) is enclosed. The Director affirmed the CAC’s action and penalty. The Director’s decision became final on February 17, 2021.

Mr. Frye is a pest control adviser (PCA) and a qualified applicator licensee. The Monterey CAC found Mr. Frye in violation of California Food and Agricultural Code (FAC) section 12973 by directing that tarps be cut and removed in violation of the “Saturday Requirement” in the Supplemental Permit Conditions.

Mr. Frye appealed the CAC’s decision to the Director, contending that when a PCA is employed by a pest control business, the pest control business is solely culpable for any violations that occur in the course of the PCA’s employment.

The Director determined the CAC’s decision was supported by substantial evidence and the CAC had properly categorized the violation.

This decision addresses the following concepts:

1. When approved by a county and signed by a permit applicant, supplemental permit conditions become enforceable requirements with the force and effect of state law.
2. An individual PCA is liable for failure to understand and comply with all permit conditions, including site-specific and supplemental permit conditions, for a pesticide application where the PCA has written the recommendation.
3. FAC section 12973 does not limit liability based on the employment status of the PCA.

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,