Structural Pest Control Board Disciplinary Review Committee’s Decision on Appeal of a County Agricultural Commissioner’s Decision (Statewide Fumigation, San Diego County, Inc., Docket Number S-027)

The Disciplinary Review Committee (DRC) of the Structural Pest Control Board’s decision on Statewide Fumigation, San Diego County, Inc. (Statewide) appeal of the civil penalty of $1700 levied by the San Diego County Agricultural Commissioner (San Diego CAC) is enclosed. The DRC affirmed the San Diego CAC’s action and penalty, and their decision became final on November 2, 2016.

The San Diego CAC found Statewide in violation of California Food and Agriculture Code section 12973, when Statewide used a registered pesticide in conflict with the label by failing to remove or double bag food from a fumigation site prior to the commencement of the fumigation. Statewide appealed the San Diego CAC’s civil penalty decision on the argument that the fine was not appropriate and should be reduced.

The DRC determined that there was substantial evidence in the record to support the San Diego CAC’s classification of the violation as “serious” and the fine levied.

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,