District Attorney Participation

This letter updates and replaces the guidance and templates found in ENF letter 2004-028

As you are aware, when there is an incident meeting the priority criteria outlined in the Cooperative Agreement among the Department of Pesticide Regulation (DPR), U.S. EPA Region IX, and CACASA, you are required by 3 CCR section 6128(e), to offer the opportunity to your District Attorney, City Attorney, or Circuit Prosecutor (hereinafter DA) to either participate in the investigation and/or to pursue a civil or criminal action against the violator(s).

DPR continues to recommend that you contact your DA within 5 days of the issuance of the Pesticide Episode Notification Record (DPR-ENF-114) to provide a timely opportunity for the DA to participate in the investigation. For current and future priority incidents, DPR will consider a copy of the letter, memo, or email you send to the DA uploaded in the “Investigation Notifications” section in CalPEATS as documenting your compliance with 6128(e). DPR requests that information about the incident be forwarded to the DA with a letter, memo or email within 10 days after completion. We also request you attach a copy of the letter, memo or email in the Enforcement Module in CalPEATS to document a “DA Referral” and leave the action open until you hear back from the DA. Should the DA not take the case, you should pursue a different enforcement response.

Enclosed are two updated templates for your use. The purpose of the templates is to facilitate and encourage statewide consistency when incidents meeting priority criteria have been initiated, and to provide for improved investigation tracking by the CAC. In addition to the suggested templates, attached is a chart to provide your local DA to familiarize them with their authority under the Food & Agricultural Code.

If you have any questions, contact the Enforcement Branch Liaison assigned to your county.

Sincerely,