Structural Pest Control Board Disciplinary Review Committee’s Decision on Appeal of a County Agricultural Commissioner’s Decision (Mega Fume, Inc., Docket Number S-029)

The Structural Pest Control Board Disciplinary Review Committee (DRC) affirmed the San Bernardino County Agricultural Commissioner’s (CAC) decision and penalty against Mega Fume, Inc. Enclosed is the DRC decision that became final on January 30, 2017.

The San Bernardino CAC found Mega Fume, Inc. in violation of California Food and Agriculture Code section 12973, when Mega Fume, Inc. used the registered pesticide Vikane in conflict with the label by failing to properly store food during a structural fumigation. Mega Fume, Inc. appealed the San Bernardino CAC’s civil penalty decision on the argument that the employee should receive the violation and not the company because the employee is a trained and licensed field representative.

The DRC determined that the San Bernardino CAC had the legal authority to charge either the licensee or the company and had the discretion to levy a penalty against the company.

Please make this information available to your staff as a reference in preparing and processing cases. If you have any questions, please contact the Enforcement Branch Liaison assigned to your county.

Sincerely,