Department of Pesticide Regulation

NEW CRITERIA FOR DETERMINING WHEN TO REFER A CASE FOR STATE ACTION

The California State Legislature recently enacted Food and Agricultural Code (FAC) section 12999.6. This section was enacted by Senate Bill 1970, Statutes of 2000, and expands the authority of the Director of the California Department of Pesticide Regulation (DPR) to levy a civil penalty of not more than $5,000.00 for each of certain violations. The following are the circumstances in which this new law may be applied:

1. The Director determines that violations of statutes as specified in FAC section 12999.5 were committed in multiple county jurisdictions and are not appropriate matters to be enforced by a single commissioner.
2. The Director elects to take action in cases involving priority investigations, as defined in the 2001 Cooperative Agreement or subsequent modifications of that agreement between DPR, the California Agricultural Commissioners and Sealers Association, and the U.S. Environmental Protection Agency, Region 9.

The attached Statewide Enforcement Action Referral Policy supercedes Enforcement Letter ENF 95-016, Criteria for Determining When to Refer a Case for State Action.

For your convenience, a copy of FAC section 12999.6 is attached. Please make this information available to your staff so they can use it when referring cases for State Action.

If you have any questions, please contact Mr. Louis Watson, Senior Special Investigator, at (916) 445-3894.

cc:  Mr. Daniel J. Merkley, Agricultural Commissioner Liaison (w/Attachment)
      Ms. Laurie Amaro (w/Attachment)
      Mr. Louis Watson (w/Attachment)