November 14, 2011 Presented by Robert Stockel, Agricultural Inspector/Biologist III San Luis Obispo County Agricultural Department

Enforcement Response History (The Before Times) 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, & (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 San Luis Obispo Templeton Department of Pesticide Regulation