Structural Pest Control Board Disciplinary Review Committee’s Decision on an Appeal of a County Agricultural Commissioner Action (Docket Number S-020)

The Disciplinary Review Committee’s Decision on the Mission City Fumigation appeal of the $300 civil penalty levied by the Alameda County Agricultural Commissioner (CAC) is enclosed.

The Alameda CAC levied the penalty against Mission City Fumigation for failure to remove edible food items from a structure before it was fumigated. This action violated Vikane ‘s label which requires the removal of edible food items from the structure if they cannot be adequately sealed to prevent exposure to Vikane. The CAC found Mission City Fumigation in violation of Food and Agricultural Code (FAC) section 12973 and proposed a fine of $500. The hearing officer then reduced the fine to $300.

The Disciplinary Review Committee concurred with the Alameda CAC’s action and reinstated the fine to $500.

This decision addresses the following key words or concepts:

• Vikane Product Label
• FAC section 12973
• Commissioner’s changes to proposed decisions

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,