Structural Pest Control Board Disciplinary Review Committee’s Decision on an Appeal of a County Agricultural Commissioner Action (Docket Number S-017)

The Disciplinary Review Committee’s Decision on Cesar Arevalo/Mission City Fumigation’s appeal of the $700 civil penalty levied by the Santa Clara County Agricultural Commissioner (CAC) is enclosed

The Santa Clara CAC found Cesar Arevalo/Mission City Fumigation in violation of Title 3 California Code of Regulations (3 CCR) section 6614(b)(2). Section 6614(b)(2) provides that no pesticide application shall be made or continued when there is a reasonable possibility of damage to nontarget crops, animals, or other public or private property.

The Disciplinary Review Committee reversed the Santa Clara CAC’s decision and excused the $700 civil penalty.

This decision addresses the following key words or concepts:

• Vikane Product Label
• 3 CCR section 6614
• “Reasonable Possibility”

Please make this information available to your staff as a reference in preparing similar cases. If you have any questions, please contact David Haskell, Research Program Specialist II, at 916-445-4207, or the Enforcement Branch Liaison assigned to your county.

Sincerely,