Director’s Decision on Appeal of Ventura County Agricultural Commissioner’s Decision (So-Cal Pest Control, Inc., Docket Number 227)

The Director’s Decision on the So-Cal Pest Control, Inc. (SC) appeal of the $1,000 civil penalty levied by the Ventura County Agricultural Commissioner (CAC) is enclosed. The Director affirmed the CAC’s decision and levy of fines. The Director’s Decision was signed September 6, 2022 and became final after 30 days when not appealed.

The Ventura CAC found SC in violation of Title 3, California Code of Regulations (3CCR) section 6141. SC rejected CAC requests for contact information for, and defied the authority of the CAC to interview, an SC employee to investigate a suspected pesticide related safety violation. SC appealed the CAC’s decision to the Director arguing the CAC failed to advise SC that it was a violation of regulation to refuse to allow the CAC to interview the SC employee.

The Director determined the CAC’s decision was supported by substantial evidence, and qualified as a Class A violation due to aggravating factors of violation history and failure to cooperate in the investigation of the complaint. The $1,000 total fine was confirmed.

This decision addresses the following concepts:

• Licensees are responsible for learning, knowing, and complying with all applicable statutes and regulations.
• Interview of the applicator is part of the protocol for investigation of any complaint of a misapplication of a pesticide and does not require a priori proof that a violation occurred.
• The regulated community cannot be permitted to evade oversight by refusing to cooperate with lawful investigation.

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,