Updated Enforcement Charts

As a result of the passage of Assembly Bill (AB) 211, civil and criminal liabilities for violations of the Food and Agricultural Code (FAC) increased. To reflect those changes, we have updated the Enforcement and Compliance Options Chart (DPR-ENF-072) and the chart outlining District Attorney Prosecution of Pesticide Violations under FAC that was attached to Enforcement Letter 2021-01. Please have your staff begin using these new charts immediately. The changes to the two charts are:

• Enforcement and Compliance Options Chart – revised fine amounts, added code sections, and included private applicator certificate.
• District Attorney Prosecution of Pesticide Violations – revised fine amounts.

Please note that while the fine amounts for administrative civil penalties under FAC section 12999.5 increased under AB 211, there must also be an accompanying change to Title 3, California Code of Regulations (3 CCR) section 6130 before Commissioners can use the new, higher fine amounts. Until the Department completes rulemaking to amend 3 CCR section 6130, continue following the existing 3 CCR section 6130 to determine the fine range for administrative civil penalties under FAC section 12999.5.

If you have any questions, please contact the Enforcement Branch Liaison assigned to your county.

Sincerely,