Enforcement Response to Violations of Pesticide Laws & Regulations

1. Enforcement Response to Violations of Pesticide Laws & Regulations November 14, 2011 Presented by Robert Stockel, Agricultural Inspector/Biologist III San Luis Obispo County Agricultural Department

2. Enforcement Response History(The Before Times) • 1985 - AB 1614 passed - County Agricultural Commissioners (CAC) authorized to levy civil penalties • 1994 – Dept. of Pesticide Regulation (DPR) & CACs develop & adopt “Enforcement Guidelines” • 2005 – DPR & CACs develop & adopt “Enforcement Response Policy” (ERP) • 2006 – ERP put into regulation as “Enforcement Response Regulation” (ERR) • 2011 – effective 9/22/11 - ERR revised

3. Current Enforcement Response Regulation(The Now Times) • Title 3 California Code of Regulations Sections 6128, 6130, & 6131 • Mandates use by CAC for Agricultural & Structural pesticide use and for all uses of Fumigants • Application for other pesticide uses is permissive • Revises definitions for violation classes & increases CAC discretion • Removes mandatory enforcement actions for paperwork violations • Refines when an action can be taken against a licensed or certified employee

4. Violation Classes3 CCR Section 6130 • Class A – A violation that caused a health, property, or environmental hazard ($700 - $5000) • Or a Class B violation with one of the following aggravating circumstances supports elevation to Class A: • Respondent has history of violations • Respondent failed to cooperate in investigation of the incident or allow a lawful inspection • Respondent demonstrated a disregard for specific hazards of the pesticide used • Class B – A violation of a pesticide law or regulation that mitigates the risk of a health, property, or environmental effect ($250 - $1000)

5. Violation Classes (cont.)3 CCR Section 6130 • Class C – violation of a law or regulation that does not mitigate the risk of a health, property, or environmental effect ($50 - $400) • Specifies application to 3CCR Sections 6624 – 6628 (pesticide use records & reporting) and Food and Agricultural Codes 11732, 11733, & 11761 (pest control business registration & records & damage/loss reports) • Allows application to other laws and regulations meeting the definition

6. Enforcement Response to Violations3CCR 6128 • Enforcement actions (due process required) • Impose a monetary penalty or refuse, suspend, or revoke a county permit, registration, or certificate • Class A violation – mandatory enforcement action or referral to District Attorney (criminal prosecution), or to DPR or the Structural Pest Control Board for licensing action for a first offense • Class B violation – mandatory enforcement or referral (as above) for second offense when a prior Class A or B violation occurred within two years • Class C violation – a compliance action or enforcement action at the CACs discretion

7. Actions against an Employee 3CCR 6131 • Employee failed to use personal protective equipment or other safety equipment required by regulation or product labeling • Employee is Licensed or Certified (QAC, QAL, PAC) • Employer provided the required PPE or safety equipment in good condition and it was available • Employer has a written Workplace Disciplinary Action Policy • Employee acknowledges reading/understanding Workplace Policy via signature • Employer has properly trained the employee per Pesticide Worker Safety regulations

8. Regulatory Contacts/Info • San Luis Obispo County Agricultural Dept. • Arroyo Grande 805. 473-7090 • San Luis Obispo 805. 781-5910 • Templeton 805. 434-5950 • Department of Pesticide Regulation • www.cdpr.ca.gov