Director’s Decision on Appeal of Santa Barbara County Agricultural Commissioner’s Decision (Chalky Ridge Vineyard Management, Docket Number 219)

The Director’s decision on Chalky Ridge Vineyard Management’s appeal of the $700 civil penalty levied by the Santa Barbara County Agricultural Commissioner (Santa Barbara CAC) is enclosed. The Director affirmed the Santa Barbara CAC’s action and penalty, and his decision became final on September 1, 2020.

The Santa Barbara CAC found Chalky Ridge Vineyard Management in violation of California Code of Regulations, title 3, section 6614 (a) (3 CCR section 6614(a)) by failing to adequately assess the neighboring property to determine the likelihood of harm or damage. Chalky Ridge Vineyard Management appealed the Santa Barbara CAC’s decision to the Director, contending that the Hearing Officer misapplied 3 CCR section 6614(a) by referencing crop damage, and prior inspections demonstrated their compliance with 3 CCR 6614(a). The Director determined that the Santa Barbara CAC’s decision was supported by substantial evidence, and that the Santa Barbara CAC had properly categorized the violation.

This decision addresses the following concepts:

• Crop damage is not necessary for a violation of 3 CCR section 6614(a).
• Compliance with 3 CCR section 6614(a) during a previous application inspection does not demonstrate compliance during subsequent pesticide applications.

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,