November 14, 2011
Presented by Robert Stockel, Agricultural
Inspector/Biologist III
San Luis Obispo County Agricultural Department
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
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
Violation Classes
3 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)
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
Enforcement Response to Violations
3CCR 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
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
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