Residue Repeat Offender Program for Pack, Ship, or Sale of Produce With Illegal Pesticide Residue Into the State of California

This is to inform you of a new program that the California Department of Pesticide Regulation (DPR) Enforcement Branch has implemented to address companies who import produce into California with an illegal pesticide residue.

DPR’s Pesticide Residue Monitoring Program is the most comprehensive state-run program in the nation and strives to ensure the food industry’s compliance with the United States Environmental Protection Agency tolerance standards. DPR Enforcement Branch staff collects domestic and imported fresh produce from the channels of trade, including wholesale and retail outlets, distribution centers, and farmers markets and analyzes them at the California Department of Food and Agriculture (CDFA) laboratories located in Sacramento and Anaheim. The CDFA laboratories test each sample using multi-residue screens capable of detecting more than 300 pesticides and breakdown products.

The new Residue Repeat Offender (RRO) program is an effort to reduce the number of illegal pesticide residues found on produce sold into California. On a quarterly basis, Enforcement Branch staff will conduct reviews of the DPR Pesticide Residue monitoring Tolerance Case (T-case) files for the prior 12-month period, looking for companies who were the first to pack, ship, or sell produce with any illegal pesticide residue into the State of California.

A company that has three (3) or more illegal pesticide residue T-cases within a 12-month period or a single illegal pesticide residue T-case that was determined to pose a significant acute risk to human health will be identified as a RRO.

If a company is identified as a RRO, the Enforcement Branch will issue an “Official Notice of Repeat Illegal Pesticide Residue” (Official Notice) letter explaining that any subsequent pesticide residue violation within a specified time period will be subject to an enforcement action for civil penalties.

Once the Official Notice is sent to the company, the appropriate DPR Enforcement Branch Regional Office (RO) Manager will conduct a Compliance Interview with the company to discuss actions the company will take to prevent any future sale of produce with illegal pesticide residues. Also discussed at this interview will be potential civil penalty actions by DPR.

In the event the company has another T-case violation within the time period designated in the Official Notice, the DPR Enforcement Branch staff will then prepare a case file to present to DPR’s Office of Legal Affairs for administrative action for civil penalties.

If the company does not have a fourth violation within their designated time period, the company will not be considered for case review for another 12 months.

If you have any questions please contact Amna Hawatky of my staff at (916) 376-8620.

Sincerely,