Structural Pest Control Board – Disciplinary Review Committee Decision on Appeal of a County Agricultural Commissioner’s Decision (Mega Fume, Inc., Docket Number S-035)

The Disciplinary Review Committee’s (DRC) decision on Mega Fume, Inc.’s (Mega Fume) appeal of the $600 civil penalty levied by the Los Angeles County Agricultural Commissioner (CAC) is enclosed. The DRC affirmed the CAC’s action and penalty, and the DRC’s decision became final on December 11, 2018.

The CAC found Mega Fume, Inc. in violation of Title 3, California Code of Regulations (3CCR) section 6600(a), which requires the employer to use only pest control equipment that is in good repair and safe to operate. In this case, the equipment was a water-filled snake that holds the tarpaulin to the ground during fumigation. Although there were clamps and sticks used in attempt to keep the water from leaving the snake, the water snake was virtually empty.

Mega Fume appealed the CAC’s decision, contending that nothing in law, regulation, or on the label requires a specific amount of weight be used to secure the edge of the tarp to the ground. However, the violation was issued because the water snake was not in good repair, which presented a possibility of a pesticide leak and a risk of health or environmental effect. Furthermore, a nearly-empty, non-weighted water snake does not satisfy the purpose or requirements of the label and is insufficient under the label as a weighted item strong enough to hold the tarpaulin in place during adverse environmental conditions such as strong wind.

The DRC determined that substantial evidence supported the Commissioner’s decision.

This decision addresses the following concepts:

• Although the faulty equipment did not create a health or environmental effect, it created a reasonable possibility of one.
• Even though the label did not specify an amount of weight to be used for the water snake, the faulty equipment did not satisfy the purpose or requirements of the label as described by the label’s examples.

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,