Priority Episode Notice of Proposed Action Review

Since 2013 (Enforcement Letter ENF 13-11), the Department of Pesticide Regulation (DPR) has required County Agricultural Commissioners (CACs) to send for review, certain Notices of Proposed Action (NOPAs) to the appropriate DPR Regional Office before providing them to the respondent. Specifically, DPR reviews draft NOPAs for incidents meeting the human health Priority Episode criteria and any other violations with substantial adverse human health effects. When in doubt about whether a draft NOPA meets these criteria, consult with your Regional Office.

For a qualifying Priority Episode, DPR would like to clarify that all NOPAs resulting from that investigation must be forwarded to your Regional Office for review before you send them to the respondent. For example, if you are pursuing enforcement actions against multiple parties, such as separate actions for an applicator and farm labor contractors, all the NOPAs must be forwarded for review prior to noticing the respondents.

When sending any draft NOPA for DPR review, please include a copy of the investigation report, inspection form, or other documentation of the violations identified in the NOPA. Links to closed inspections or investigations in CalPEATS are acceptable. DPR reviews NOPAs for items such as elements of the violation, adherence to the Enforcement Response Regulations, and to NOPA guidance, such as ENF 2017-14 and ENF 2018-06. DPR will review the draft NOPA and respond within 30 calendar days of receipt.

The goal of the NOPA review process is to increase communication between CACs and DPR and to promote consistency and clarity in the enforcement response. DPR’s continued review of these NOPAs prior to issuance serves to support and strengthen statewide enforcement of California’s pesticide laws and regulations by assisting with difficult or complicated enforcement action decisions.

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

Sincerely,