Homeowner Pesticide Use Violations – Enforcement Response

While laws and regulations regarding pesticide use were largely developed for agricultural, structural, and commercial applications, these same laws and regulations can apply in a number of other situations. Ranchettes and single family residences are examples where pesticides can be applied by either an owner, occupant, or by someone they have hired. Homeowners may not be aware of the requirements contained in laws or regulations governing pesticide use in California, or of the potential civil or criminal penalties that may result from the misuse of a pesticide. While ignorance of the law does not excuse homeowners from California pesticide laws or regulations, County Agricultural Commissioners (CACs) are encouraged to carefully consider regulatory options when addressing these violations.

Authority

Title 3 of the California Code of Regulations (3CCR) section 6140, gives CACs broad inspection authority to determine compliance with regulations pertaining to pesticides and pest control operations. Likewise, Food and Agricultural Code section 12999.5 gives broad authority for CACs to levy civil penalties against any person violating specific pesticide laws and regulations.

The scope of the mandatory enforcement response in 3CCR 6128 only applies to pesticide use in agricultural or structural pest control, and fumigations. In general, this reflects the determination that these businesses should be subject to a higher level of enforcement scrutiny than homeowners using pesticides. This is consistent with specific exemptions granted to users of home and consumer products, such as the exemption from many worker safety regulations in 3CCR 6720(e), the exemption in 6686(a), the restricted material status of certain products in 6400, as well as indirectly through DPR’s guidance on prioritizing inspections.

Home Use Violations

Pesticide use by homeowners is distinguishable from agricultural and structural applications in a number of ways. For instance, most of these registered uses require no training or certification and are exempt from regulatory requirements applicable to agricultural or structural uses.

The CAC may administer a variety of compliance or enforcement options (i.e. violation notice, warning letter, compliance interview; decision report, or an administrative civil penalty) depending on the specific factual circumstances in each case. In general, DPR recommends that the CACs utilize compliance assistance and education as the starting point for achieving compliance for home use violations. Often, the best result will be obtained by educating the homeowner about proper pesticide use and regulatory compliance. However, there may be valid reasons, such as a repeat violator or a particularly egregious action, that may warrant CAC taking an administrative civil penalty action against the homeowner.

Homeowner as Employer

The definitions of “employer” and “employee” in 3CCR section 6000 are broadly interpreted. In some cases where a homeowner hires a person to perform pest control, the homeowner could be considered an “employer” and therefore would be responsible for the violations of their “employee.” At that point is is important to keep in mind the scope of the enforcement response regulations. Correctly classifying the use (e.g., home, agricultural, structural), the nature of the work agreement (e.g., employee doing incidental pesticide application or business hired to conduct pest control), and type and quantity of pesticides involved are all relevant factors to consider when determining the responsibilities of the homeowner as an employer.

DPR consultation

The CAC ultimately has discretion on the type of compliance or enforcement action taken, but if the CAC intends to take an administrative civil penalty action against a home use violator or homeowner for violations by hired workers handling pesticides, DPR advises the CAC consult with their Enforcement Branch Liaison to discuss the merits and strength of such a case.

If you need further assistance, please contact the Enforcement Branch Liaison assigned to your county.

Sincerely,