Department of Pesticide Regulation

COMPLIANCE TRACKING PROGRAM CHANGES

The Department of Pesticide Regulation (DPR) is suspending its present method of Compliance Action tracking after determining that the Compliance Action data is inaccurate, unreliable, and unusable. Therefore, effective immediately, you no longer need to submit Compliance Actions with your monthly Pesticide Regulatory Activities Monthly Report (PRAMR).

This problem began at the inception of this program in 1999, when DPR agreed to accept Compliance Action information on non-standardized forms¹ and formats (i.e., Notice of Violation [PR-ENF-101] or Letters of Warning) without establishing additional information requirements for each of the forms or formats typically used by the county agricultural commissioners (CACs). Presently, there are no cost-effective methods for rehabilitating the existing data or standardizing Compliance Action data collection.

In 1997, the California Legislature directed DPR to compile compliance and enforcement information on certified private pesticide applicators, dealers, pilots, and advisers into a statewide database. The project was mandated, in part, because DPR did not have the means to check licensees' enforcement histories before renewing their licenses or to identify companies that received sanctions for violating pesticide regulations. Regardless of cost or accuracy, Compliance Actions are not "sanctions" and should not be used as the basis for any statewide licensing action or local Enforcement Action.

To fulfill our legislative mandate, DPR will now track statewide compliance by analyzing the pesticide use and records inspections submitted from the CACs. We believe this compliance monitoring data is of far greater value to the pesticide use enforcement program due to the range of inspections performed by CACs annually, the volume and specificity of the data generated² , and the use of standardized inspection forms that match the data system.

Please continue to report the number and type of Compliance Actions on your PRAMR in the month they are issued. This action does not affect Enforcement Action reporting and data collection. You should continue to report the number and type of Enforcement Actions in the month they are closed and attach a completed Pesticide Enforcement/Compliance Summary (PR-ENF-046) form for each action identified in your report (see Enforcement Letter ENF 04-17). Also, continue to submit your pesticide use monitoring and records inspection reports with your PRAMR so this data can support our compliance-monitoring mandate.

If you have any questions regarding this letter, please contact Ms. Mary Ann Coleman, of my staff, at (916) 445-3892.

cc:  Mr. Daniel J. Merkley, DPR Agricultural Commissioner Liaison
      Ms. Mary Ann Coleman, DPR Senior Pesticide Use Specialist