Director’s Decision on Appeal of Ventura County Agricultural Commissioner’s Decision (Bennett Farms, Docket Number 226)

The Director’s Decision on the Bennett Farms (BF) appeal of the $250 civil penalty levied by the Ventura County Agricultural Commissioner (CAC) is enclosed. The Director affirmed the CAC’s action and penalty. The Director’s Decision was signed March 29, 2022 and became final after 30 days when not appealed.

The Ventura CAC found BF in violation of Title 3, California Code of Regulations section 6726(b) by failing to have Emergency Medical Care (EMC) information prominently posted at the work site during a pesticide application.

BF appealed the CAC’s decision to the Director alleging the CAC inspector did not communicate effectively with the BF employee applicator that the violation was serious and a fine would ensue to BF if the EMC posting was not located.

The Director determined the CAC’s decision was supported by substantial evidence and the CAC properly categorized the violation. The $250 total fine was confirmed.

This decision addresses the following concepts:

• An employee applicator not able to demonstrate knowledge of the employer’s EMC plan and not able to locate the employer’s posting – either on the work vehicle or in a prominent place at the work site – constitutes noncompliance with the intent of 3CCR section 6726(b).
• Contacting the employer is not an element of 3CCR section 6726.
• An acknowledgement signature is not required on an inspection report. However, the inspected person must be requested to sign. For unsigned reports, provide an explanation in the signature space.

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,