Structural Pest Control Board Disciplinary Review Committee’s Decision on An Appeal of a County Agricultural Commissioner Decision (Docket Number S-024)

The Disciplinary Review Committee (DRC)’s decision on Mega Fume, Inc.’s appeal of the $2,500 civil penalty levied by the Los Angeles County Agricultural Commissioner (CAC) is enclosed. The Director affirmed the CAC’s action and penalty, and his decision became final on December 9, 2013.

The Los Angeles CAC levied the penalty against Mega Fume, Inc. for violation of Food and Agriculture Code (FAC) section 12973; use of a pesticide in conflict with the registered product labeling.

Mega Fume, Inc. appealed the violation and the fine level to the DRC. The DRC affirmed the CAC’s decision and the Class A violation classification, and that the penalty amount levied by the CAC was not excessive.

The DRC decision addresses the following concepts:

• The CAC can adopt the hearing officer’s decision that the violation occurred without concurring with the hearing officer’s decision that the fine should be reduced.
• FAC section 12973 regulates only the pesticide user to follow the registered labeling instructions. The pesticide user has the ultimate responsibility to ensure the gas service is turned off prior to a fumigation.

Please provide this information to your staff as a reference in preparing cases. If you have any questions, please contact David Haskell, Research Program Specialist II, or the Enforcement Branch Liaison assigned to your county.

Sincerely,