12996. (a) Every person who violates any provision of this division
relating to pesticides, or any regulation issued pursuant to a
provision of this division relating to pesticides, is guilty of a
misdemeanor and upon conviction shall be punished by a fine of not
less than five hundred dollars ($500) nor more than five thousand
dollars ($5,000), or by imprisonment of not more than six months, or
by both fine and imprisonment. Upon a second or subsequent conviction
of the same provision of this division relating to pesticides, a
person shall be punished by a fine of not less than one thousand
dollars ($1,000) nor more than ten thousand dollars ($10,000), or by
imprisonment of not more than six months or by both fine and
imprisonment. Each violation constitutes a separate offense.
(b) Notwithstanding the penalties prescribed in subdivision (a),
if the offense involves an intentional or negligent violation that
created or reasonably could have created a hazard to human health or
the environment, the convicted person shall be punished by
imprisonment in the county jail not exceeding one year or in the
state prison or by fine of not less than five thousand dollars
($5,000) nor more than fifty thousand dollars ($50,000), or by both
the fine and imprisonment.
(c) This section does not apply to violations of Chapter 7.5
(commencing with Section 15300).
12996.5. (a) For the purposes of this chapter:
(1) "Office" means the Office of Environmental Health Hazard
Assessment.
(2) "Department" means the Department of Pesticide Regulation.
(3) "Certified Unified Program Agency" or "CUPA" means the agency
certified by the Secretary for Environmental Protection to implement
the unified program specified in Chapter 6.11 (commencing with
Section 25404) of Division 20 of the Health and Safety Code within a
jurisdiction.
(4) "Agency" means the California Environmental Protection Agency.
(5) "Nonoccupational" means that the person exposed to the
pesticide was not at the time of the exposure performing work as an
employee.
(6) "Acute" means a medical condition that involves a sudden onset
of symptoms due to an illness, injury, or other medical problem that
requires prompt medical attention and that has a limited duration.
(7) "Uncompensated medical care" means the cost of care not
covered by any other program, including, but not limited to
copayments for medical insurance, Healthy Families Program, or
Medi-Cal. Reimbursed medical costs shall not exceed 125 percent of
the Medi-Cal reimbursement rates.
(b) The exposure of each person to a pesticide resulting from the
violation of Section 12972 or 12973, or any regulation adopted
pursuant to Section 12976, 12981, or 14005, that causes acute
illnesses or injury, shall constitute a separate violation of the
statute or regulation.
12997. In lieu of seeking prosecution of any violation of this
division as a misdemeanor, and the penalty prescribed in Section
12996, the director may prosecute civilly pursuant to Sections 12998
and 12999, or may levy civil penalties pursuant to Section 12999.4 or
the commissioner may levy civil penalties pursuant to Section
12999.5.
12997.5. (a) In addition to any penalties paid in connection with
an enforcement action taken pursuant to Sections 12996, 12997, 12999,
and 12999.5, any person who is found in violation of any provision
of this division related to pesticides or any regulation related to
pesticides adopted pursuant to this division that results in illness
or injury requiring emergency medical transport or immediate medical
treatment of any individual in a nonoccupational setting from any
pesticide used in the production of an agricultural commodity, shall
be liable to the individual harmed or to the medical provider for the
immediate costs of uncompensated medical care from acute injuries
and illnesses of the exposed individual.
(b) Any order issued in connection with a finding of a violation
as described in subdivision (a) shall include the obligation to
reimburse medical costs from acute illnesses and injuries of any
individual requiring immediate medical treatment as a consequence of
this violation to the injured individuals or their medical providers.
(c) Any person found in violation of this section shall submit to
the director within 30 days of the final determination of liability,
a written plan on how they will pay individuals and medical providers
for the emergency medical transport and the immediate medical costs
from acute medical injuries and illnesses of all individuals
requiring immediate medical treatment as a consequence of the
violation. A person alleged to have violated subdivision (a) may
voluntarily submit a written plan pursuant to this section prior to
the determination of liability. The contents of the voluntary plan
shall not be held against the person in any action to determine
whether the person violated those provisions.
(d) Any violation of this section shall be subject to the criminal
and civil sanctions and penalties set forth in this division.
(e) Payment of emergency medical costs pursuant to this section
shall not preclude an affected person from filing a civil action for
injuries, illnesses, or costs related to the incident. Any damage
award associated with a civil action related to the incident shall be
reduced by the amount the plaintiff received from this section.
(f) Payment of emergency medical costs pursuant to this section
shall not be held against the person in any action to determine
whether the person violated those provisions.
(g) For any person who provides for the immediate reimbursement of
medical costs for acute medical illnesses and injuries prior to a
final determination by the department, the director or agricultural
commissioner may reduce, by not more than 50 percent, the fines
imposed pursuant to Section 12996.5. This reduction shall not limit
the responsible party's financial obligation under this section. The
department or agricultural commissioner shall attempt to complete the
determination within 45 days of the incident.
12997.7. (a) The agency, in consultation with the department, the
office, county agricultural commissioners, local health officers,
CUPAs, and affected community members, shall by August 31, 2005,
establish minimum standard protocols for the purposes of amending
area plans.
(b) The protocols shall include, but not be limited to, all of the
following:
(1) Protocols for requesting and providing immediate access to
pesticide-specific information necessary to assist emergency medical
services personnel in identifying pesticides that may be causing a
pesticide drift exposure incident and appropriate treatments.
(2) Protocols to delineate specific agency responsibilities and
the process for responding to calls, notifying residents, and
coordinating evacuation, if needed.
(3) Protocols to establish emergency shelter procedures and
locations to be used in the event evacuation is needed.
(4) Protocols to access services in all languages known to be
spoken in the affected area in accordance with Section 11135 of the
Government Code.
(5) Protocols to ensure access to health care within 24 hours of
the exposure and up to a week after the exposure.
(6) Protocols to notify medical providers regarding eligibility
for reimbursement pursuant to Section 12997.5.
(c) The CUPA or administering agency shall amend the area plan for
emergency response, pursuant to subdivision (c) of Section 25503, to
specifically address pesticide drift exposure and to incorporate
provisions of the protocols of subdivision (b).
(d) Upon the next scheduled update of the area plan, all CUPAs
shall have incorporated a pesticide drift component into their area
plan.
(e) The minimum standard protocols developed under subdivision (a)
shall be in accordance with the California Environmental Protection
Agency's guidelines.
12998. Any person who violates this division relating to pesticides
or structural pest control devices, or any regulation issued
pursuant to a provision of this division relating to pesticides or
structural pest control devices, is liable civilly in an amount not
less than one thousand dollars ($1,000) nor more than ten thousand
dollars ($10,000) for each violation. Any person who commits a second
or subsequent violation that is the same as a prior violation or
similar to a prior violation or whose intentional violation resulted
or reasonably could have resulted in the creation of a hazard to
human health or the environment or in the disruption of the market of
the crop or commodity involved, is liable civilly in an amount not
less than five thousand dollars ($5,000) nor more than twenty-five
thousand dollars ($25,000) for each violation. Any money recovered
under this section shall be paid into the Department of Pesticide
Regulation Fund for use by the department in administering this
division, and Division 6 (commencing with Section 11401).
12999. Upon a complaint by the director, or by the Structural Pest
Control Board in the case of violations of Chapter 7.5 (commencing
with Section 15300) or regulations adopted pursuant to that chapter
relating to structural pest control devices, the Attorney General may
bring an action for civil penalties in any court of competent
jurisdiction in this state against any person violating any provision
of this division, or any regulation issued pursuant to it. The
Attorney General may bring an action for civil penalties on his or
her own initiative if, after examining the complaint and the
evidence, he or she believes a violation has occurred.
12999.2. The remedies or penalties provided by this division are in
addition to the remedies or penalties available under any other law.
12999.4. (a) In lieu of civil prosecution by the director, the
director may levy a civil penalty against a person violating Sections
12115, 12116, 12671, 12992, 12993, Chapter 10 (commencing with
Section 12400) of Division 6, Article 4.5 (commencing with Section
12841), Chapter 7.5 (commencing with Section 15300), or the
regulations adopted pursuant to those provisions, of not more than
five thousand dollars ($5,000) for each violation.
(b) Before a civil penalty is levied, the person charged with the
violation shall be given a written notice of the proposed action,
including the nature of the violation and the amount of the proposed
penalty, and shall have the right to request a hearing within 20 days
after receiving notice of the proposed action. A notice of the
proposed action that is sent by certified mail to the last known
address of the person charged shall be considered received even if
delivery is refused or the notice is not accepted at that address. If
a hearing is requested, notice of the time and place of the hearing
shall be given at least 10 days before the date set for the hearing.
Prior to the hearing, the person shall be given an opportunity to
review the director's evidence. At the hearing, the person shall be
given the opportunity to present evidence on his or her own behalf.
If a hearing is not timely requested, the director may take the
action proposed without a hearing.
(c) If the person against whom the director levied a civil penalty
requested and appeared at a hearing, the person may seek review of
the director's decision within 30 days of the date of the decision
pursuant to Section 1094.5 of the Code of Civil Procedure.
(d) After the exhaustion of the review procedure provided in this
section, the director, or his or her representative, may file a
certified copy of a final decision of the director that directs the
payment of a civil penalty and, if applicable, any order that denies
a petition for a writ of administrative mandamus, with the clerk of
the superior court of any county. Judgment shall be entered
immediately by the clerk in conformity with the decision or order. No
fees shall be charged by the clerk of the superior court for the
performance of any official service required in connection with the
entry of judgment pursuant to this section.
(e) Any money recovered under this section shall be paid into the
Department of Pesticide Regulation Fund for use by the department,
upon appropriation, in administering this division and Division 6
(commencing with Section 11401).
12999.5. (a) In lieu of civil prosecution by the director, the
commissioner may levy a civil penalty against a person violating
Division 6 (commencing with Section 11401), Article 10 (commencing
with Section 12971) or Article 10.5 (commencing with Section 12980)
of this chapter, Section 12995, Article 1 (commencing with Section
14001) of Chapter 3, Chapter 7.5 (commencing with Section 15300), or
a regulation adopted pursuant to any of these provisions, of not more
than one thousand dollars ($1,000) for each violation. Any violation
determined by the commissioner to be a serious violation as defined
in Section 6130 of Title 3 of the California Code of Regulations is
subject to a fine of not more than five thousand dollars ($5,000) for
each violation. It is unlawful and grounds for denial of a permit
under Section 14008 for any person to refuse or neglect to pay a
civil penalty levied pursuant to this section once the order is
final.
(b) If a person has received a civil penalty for pesticide drift
in a school area subject to Section 11503.5 that results in a serious
violation as defined in subdivision (a), the commissioner shall
charge a fee, not to exceed fifty dollars ($50), for processing and
monitoring each subsequent pesticide application that may pose a risk
of pesticide drift made in a school area subject to Section 11503.5.
The Agricultural Commissioner shall continue to impose the fee for
each subsequent application that may pose a risk of drift, until the
person has completed 24 months without another serious violation as
defined in subdivision (a).
(c) Before a civil penalty is levied, the person charged with the
violation shall be given a written notice of the proposed action
including the nature of the violation and the amount of the proposed
penalty, and shall have the right to request a hearing within 20 days
after receiving notice of the proposed action. A notice of the
proposed action that is sent by certified mail to the last known
address of the person charged shall be considered received even if
delivery is refused or the notice is not accepted at that address. If
a hearing is requested, notice of the time and place of the hearing
shall be given at least 10 days before the date set for the hearing.
At the hearing, the person shall be given an opportunity to review
the commissioner's evidence and to present evidence on his or her own
behalf. If a hearing is not timely requested, the commissioner may
take the action proposed without a hearing.
(d) If the person upon whom the commissioner levied a civil
penalty requested and appeared at a hearing, the person may appeal
the commissioner's decision to the director within 30 days of the
date of receiving a copy of the commissioner's decision. The
following procedures apply to the appeal:
(1) The appeal shall be in writing and signed by the appellant or
his or her authorized agent, state the grounds for the appeal, and
include a copy of the commissioner's decision. The appellant shall
file a copy of the appeal with the commissioner at the same time it
is filed with the director.
(2) The appellant and the commissioner may, at the time of filing
the appeal or within 10 days thereafter or at a later time prescribed
by the director, present the record of the hearing including written
evidence that was submitted at the hearing and a written argument to
the director stating grounds for affirming, modifying, or reversing
the commissioner's decision.
(3) The director may grant oral arguments upon application made at
the time written arguments are filed.
(4) If an application to present an oral argument is granted,
written notice of the time and place for the oral argument shall be
given at least 10 days before the date set therefor. The times may be
altered by mutual agreement of the appellant, the commissioner, and
the director.
(5) The director shall decide the appeal on the record of the
hearing, including the written evidence and the written argument
described in paragraph (2), that he or she has received. If the
director finds substantial evidence in the record to support the
commissioner's decision, the director shall affirm the decision.
(6) The director shall render a written decision within 45 days of
the date of appeal or within 15 days of the date of oral arguments
or as soon thereafter as practical.
(7) On an appeal pursuant to this section, the director may affirm
the commissioner's decision, modify the commissioner's decision by
reducing or increasing the amount of the penalty levied so that it is
within the director's guidelines for imposing civil penalties, or
reverse the commissioner's decision. Any civil penalty increased by
the director shall not be higher than that proposed in the
commissioner's notice of proposed action given pursuant to
subdivision (c). A copy of the director's decision shall be delivered
or mailed to the appellant and the commissioner.
(8) Any person who does not request a hearing pursuant to
subdivision (c) may not file an appeal pursuant to this subdivision.
(9) Review of a decision of the director may be sought by the
appellant within 30 days of the date of the decision pursuant to
Section 1094.5 of the Code of Civil Procedure.
(e) The commissioner may levy a civil penalty pursuant to
subdivisions (a), (c), and (d) against a person violating paragraph
(1), (2), or (8) of subdivision (a) of Section 1695 of the Labor
Code, which pertains to registration with the commissioner, carrying
proof of that registration, and filing changes of address with the
commissioner.
(f) After the exhaustion of the appeal and review procedures
provided in this section, the commissioner or his or her
representative may file a certified copy of a final decision of the
commissioner that directs the payment of a civil penalty and, if
applicable, a copy of any decision of the director or his or her
authorized representative rendered on an appeal from the commissioner'
s decision and a copy of any order that denies a petition for a writ
of administrative mandamus, with the clerk of the superior court of
any county. Judgment shall be entered immediately by the clerk in
conformity with the decision or order. No fees shall be charged by
the clerk of the superior court for the performance of any official
service required in connection with the entry of judgment pursuant to
this section.
13000. (a) Except as provided in subdivisions (b) and (c), an
action brought pursuant to this article shall be commenced by the
director, the commissioner, the Attorney General, the district
attorney, the city prosecutor, or the city attorney, as the case may
be, within two years of the occurrence of the violation.
(b) When a commissioner submits a completed investigation to the
director for action by the director or the Attorney General, the
action shall be commenced within one year of that submission.
However, nothing in this subdivision precludes the director from
returning the investigation to the commissioner for action to be
commenced by the commissioner, the district attorney, the city
prosecutor, or the city attorney, as provided in subdivision (a).
(c) An action brought by the director to collect unpaid mill
assessments and delinquent fees required by Article 4.5 (commencing
with Section 12841) or an action brought by the director to collect
civil penalties pursuant to Section 12999.4 for violations of Article
4.5 (commencing with Section 12841), Section 12992, Section 12993,
or Section 12995 shall be commenced within four years of the
occurrence of the violation.
13000.1. The commissioner or director may bring an action to enjoin
the violation or the threatened violation of any order made pursuant
to this division in the superior court in the county in which the
order is issued or the violation occurs or is threatened, and the
court may enjoin the violation or threatened violation upon that
showing and without further evidence of irreparable injury. The court
may compel specific performance of any acts or course of conduct
necessary to protect persons, animals, crops, or property.
12996. (a) Every person who violates any provision of this division
relating to pesticides, or any regulation issued pursuant to a
provision of this division relating to pesticides, is guilty of a
misdemeanor and upon conviction shall be punished by a fine of not
less than five hundred dollars ($500) nor more than five thousand
dollars ($5,000), or by imprisonment of not more than six months, or
by both fine and imprisonment. Upon a second or subsequent conviction
of the same provision of this division relating to pesticides, a
person shall be punished by a fine of not less than one thousand
dollars ($1,000) nor more than ten thousand dollars ($10,000), or by
imprisonment of not more than six months or by both fine and
imprisonment. Each violation constitutes a separate offense.
(b) Notwithstanding the penalties prescribed in subdivision (a),
if the offense involves an intentional or negligent violation that
created or reasonably could have created a hazard to human health or
the environment, the convicted person shall be punished by
imprisonment in the county jail not exceeding one year or in the
state prison or by fine of not less than five thousand dollars
($5,000) nor more than fifty thousand dollars ($50,000), or by both
the fine and imprisonment.
(c) This section does not apply to violations of Chapter 7.5
(commencing with Section 15300).
12996.5. (a) For the purposes of this chapter:
(1) "Office" means the Office of Environmental Health Hazard
Assessment.
(2) "Department" means the Department of Pesticide Regulation.
(3) "Certified Unified Program Agency" or "CUPA" means the agency
certified by the Secretary for Environmental Protection to implement
the unified program specified in Chapter 6.11 (commencing with
Section 25404) of Division 20 of the Health and Safety Code within a
jurisdiction.
(4) "Agency" means the California Environmental Protection Agency.
(5) "Nonoccupational" means that the person exposed to the
pesticide was not at the time of the exposure performing work as an
employee.
(6) "Acute" means a medical condition that involves a sudden onset
of symptoms due to an illness, injury, or other medical problem that
requires prompt medical attention and that has a limited duration.
(7) "Uncompensated medical care" means the cost of care not
covered by any other program, including, but not limited to
copayments for medical insurance, Healthy Families Program, or
Medi-Cal. Reimbursed medical costs shall not exceed 125 percent of
the Medi-Cal reimbursement rates.
(b) The exposure of each person to a pesticide resulting from the
violation of Section 12972 or 12973, or any regulation adopted
pursuant to Section 12976, 12981, or 14005, that causes acute
illnesses or injury, shall constitute a separate violation of the
statute or regulation.
12997. In lieu of seeking prosecution of any violation of this
division as a misdemeanor, and the penalty prescribed in Section
12996, the director may prosecute civilly pursuant to Sections 12998
and 12999, or may levy civil penalties pursuant to Section 12999.4 or
the commissioner may levy civil penalties pursuant to Section
12999.5.
12997.5. (a) In addition to any penalties paid in connection with
an enforcement action taken pursuant to Sections 12996, 12997, 12999,
and 12999.5, any person who is found in violation of any provision
of this division related to pesticides or any regulation related to
pesticides adopted pursuant to this division that results in illness
or injury requiring emergency medical transport or immediate medical
treatment of any individual in a nonoccupational setting from any
pesticide used in the production of an agricultural commodity, shall
be liable to the individual harmed or to the medical provider for the
immediate costs of uncompensated medical care from acute injuries
and illnesses of the exposed individual.
(b) Any order issued in connection with a finding of a violation
as described in subdivision (a) shall include the obligation to
reimburse medical costs from acute illnesses and injuries of any
individual requiring immediate medical treatment as a consequence of
this violation to the injured individuals or their medical providers.
(c) Any person found in violation of this section shall submit to
the director within 30 days of the final determination of liability,
a written plan on how they will pay individuals and medical providers
for the emergency medical transport and the immediate medical costs
from acute medical injuries and illnesses of all individuals
requiring immediate medical treatment as a consequence of the
violation. A person alleged to have violated subdivision (a) may
voluntarily submit a written plan pursuant to this section prior to
the determination of liability. The contents of the voluntary plan
shall not be held against the person in any action to determine
whether the person violated those provisions.
(d) Any violation of this section shall be subject to the criminal
and civil sanctions and penalties set forth in this division.
(e) Payment of emergency medical costs pursuant to this section
shall not preclude an affected person from filing a civil action for
injuries, illnesses, or costs related to the incident. Any damage
award associated with a civil action related to the incident shall be
reduced by the amount the plaintiff received from this section.
(f) Payment of emergency medical costs pursuant to this section
shall not be held against the person in any action to determine
whether the person violated those provisions.
(g) For any person who provides for the immediate reimbursement of
medical costs for acute medical illnesses and injuries prior to a
final determination by the department, the director or agricultural
commissioner may reduce, by not more than 50 percent, the fines
imposed pursuant to Section 12996.5. This reduction shall not limit
the responsible party's financial obligation under this section. The
department or agricultural commissioner shall attempt to complete the
determination within 45 days of the incident.
12997.7. (a) The agency, in consultation with the department, the
office, county agricultural commissioners, local health officers,
CUPAs, and affected community members, shall by August 31, 2005,
establish minimum standard protocols for the purposes of amending
area plans.
(b) The protocols shall include, but not be limited to, all of the
following:
(1) Protocols for requesting and providing immediate access to
pesticide-specific information necessary to assist emergency medical
services personnel in identifying pesticides that may be causing a
pesticide drift exposure incident and appropriate treatments.
(2) Protocols to delineate specific agency responsibilities and
the process for responding to calls, notifying residents, and
coordinating evacuation, if needed.
(3) Protocols to establish emergency shelter procedures and
locations to be used in the event evacuation is needed.
(4) Protocols to access services in all languages known to be
spoken in the affected area in accordance with Section 11135 of the
Government Code.
(5) Protocols to ensure access to health care within 24 hours of
the exposure and up to a week after the exposure.
(6) Protocols to notify medical providers regarding eligibility
for reimbursement pursuant to Section 12997.5.
(c) The CUPA or administering agency shall amend the area plan for
emergency response, pursuant to subdivision (c) of Section 25503, to
specifically address pesticide drift exposure and to incorporate
provisions of the protocols of subdivision (b).
(d) Upon the next scheduled update of the area plan, all CUPAs
shall have incorporated a pesticide drift component into their area
plan.
(e) The minimum standard protocols developed under subdivision (a)
shall be in accordance with the California Environmental Protection
Agency's guidelines.
12998. Any person who violates this division relating to pesticides
or structural pest control devices, or any regulation issued
pursuant to a provision of this division relating to pesticides or
structural pest control devices, is liable civilly in an amount not
less than one thousand dollars ($1,000) nor more than ten thousand
dollars ($10,000) for each violation. Any person who commits a second
or subsequent violation that is the same as a prior violation or
similar to a prior violation or whose intentional violation resulted
or reasonably could have resulted in the creation of a hazard to
human health or the environment or in the disruption of the market of
the crop or commodity involved, is liable civilly in an amount not
less than five thousand dollars ($5,000) nor more than twenty-five
thousand dollars ($25,000) for each violation. Any money recovered
under this section shall be paid into the Department of Pesticide
Regulation Fund for use by the department in administering this
division, and Division 6 (commencing with Section 11401).
12999. Upon a complaint by the director, or by the Structural Pest
Control Board in the case of violations of Chapter 7.5 (commencing
with Section 15300) or regulations adopted pursuant to that chapter
relating to structural pest control devices, the Attorney General may
bring an action for civil penalties in any court of competent
jurisdiction in this state against any person violating any provision
of this division, or any regulation issued pursuant to it. The
Attorney General may bring an action for civil penalties on his or
her own initiative if, after examining the complaint and the
evidence, he or she believes a violation has occurred.
12999.2. The remedies or penalties provided by this division are in
addition to the remedies or penalties available under any other law.
12999.4. (a) In lieu of civil prosecution by the director, the
director may levy a civil penalty against a person violating Sections
12115, 12116, 12671, 12992, 12993, Chapter 10 (commencing with
Section 12400) of Division 6, Article 4.5 (commencing with Section
12841), Chapter 7.5 (commencing with Section 15300), or the
regulations adopted pursuant to those provisions, of not more than
five thousand dollars ($5,000) for each violation.
(b) Before a civil penalty is levied, the person charged with the
violation shall be given a written notice of the proposed action,
including the nature of the violation and the amount of the proposed
penalty, and shall have the right to request a hearing within 20 days
after receiving notice of the proposed action. A notice of the
proposed action that is sent by certified mail to the last known
address of the person charged shall be considered received even if
delivery is refused or the notice is not accepted at that address. If
a hearing is requested, notice of the time and place of the hearing
shall be given at least 10 days before the date set for the hearing.
Prior to the hearing, the person shall be given an opportunity to
review the director's evidence. At the hearing, the person shall be
given the opportunity to present evidence on his or her own behalf.
If a hearing is not timely requested, the director may take the
action proposed without a hearing.
(c) If the person against whom the director levied a civil penalty
requested and appeared at a hearing, the person may seek review of
the director's decision within 30 days of the date of the decision
pursuant to Section 1094.5 of the Code of Civil Procedure.
(d) After the exhaustion of the review procedure provided in this
section, the director, or his or her representative, may file a
certified copy of a final decision of the director that directs the
payment of a civil penalty and, if applicable, any order that denies
a petition for a writ of administrative mandamus, with the clerk of
the superior court of any county. Judgment shall be entered
immediately by the clerk in conformity with the decision or order. No
fees shall be charged by the clerk of the superior court for the
performance of any official service required in connection with the
entry of judgment pursuant to this section.
(e) Any money recovered under this section shall be paid into the
Department of Pesticide Regulation Fund for use by the department,
upon appropriation, in administering this division and Division 6
(commencing with Section 11401).
12999.5. (a) In lieu of civil prosecution by the director, the
commissioner may levy a civil penalty against a person violating
Division 6 (commencing with Section 11401), Article 10 (commencing
with Section 12971) or Article 10.5 (commencing with Section 12980)
of this chapter, Section 12995, Article 1 (commencing with Section
14001) of Chapter 3, Chapter 7.5 (commencing with Section 15300), or
a regulation adopted pursuant to any of these provisions, of not more
than one thousand dollars ($1,000) for each violation. Any violation
determined by the commissioner to be a serious violation as defined
in Section 6130 of Title 3 of the California Code of Regulations is
subject to a fine of not more than five thousand dollars ($5,000) for
each violation. It is unlawful and grounds for denial of a permit
under Section 14008 for any person to refuse or neglect to pay a
civil penalty levied pursuant to this section once the order is
final.
(b) If a person has received a civil penalty for pesticide drift
in a school area subject to Section 11503.5 that results in a serious
violation as defined in subdivision (a), the commissioner shall
charge a fee, not to exceed fifty dollars ($50), for processing and
monitoring each subsequent pesticide application that may pose a risk
of pesticide drift made in a school area subject to Section 11503.5.
The Agricultural Commissioner shall continue to impose the fee for
each subsequent application that may pose a risk of drift, until the
person has completed 24 months without another serious violation as
defined in subdivision (a).
(c) Before a civil penalty is levied, the person charged with the
violation shall be given a written notice of the proposed action
including the nature of the violation and the amount of the proposed
penalty, and shall have the right to request a hearing within 20 days
after receiving notice of the proposed action. A notice of the
proposed action that is sent by certified mail to the last known
address of the person charged shall be considered received even if
delivery is refused or the notice is not accepted at that address. If
a hearing is requested, notice of the time and place of the hearing
shall be given at least 10 days before the date set for the hearing.
At the hearing, the person shall be given an opportunity to review
the commissioner's evidence and to present evidence on his or her own
behalf. If a hearing is not timely requested, the commissioner may
take the action proposed without a hearing.
(d) If the person upon whom the commissioner levied a civil
penalty requested and appeared at a hearing, the person may appeal
the commissioner's decision to the director within 30 days of the
date of receiving a copy of the commissioner's decision. The
following procedures apply to the appeal:
(1) The appeal shall be in writing and signed by the appellant or
his or her authorized agent, state the grounds for the appeal, and
include a copy of the commissioner's decision. The appellant shall
file a copy of the appeal with the commissioner at the same time it
is filed with the director.
(2) The appellant and the commissioner may, at the time of filing
the appeal or within 10 days thereafter or at a later time prescribed
by the director, present the record of the hearing including written
evidence that was submitted at the hearing and a written argument to
the director stating grounds for affirming, modifying, or reversing
the commissioner's decision.
(3) The director may grant oral arguments upon application made at
the time written arguments are filed.
(4) If an application to present an oral argument is granted,
written notice of the time and place for the oral argument shall be
given at least 10 days before the date set therefor. The times may be
altered by mutual agreement of the appellant, the commissioner, and
the director.
(5) The director shall decide the appeal on the record of the
hearing, including the written evidence and the written argument
described in paragraph (2), that he or she has received. If the
director finds substantial evidence in the record to support the
commissioner's decision, the director shall affirm the decision.
(6) The director shall render a written decision within 45 days of
the date of appeal or within 15 days of the date of oral arguments
or as soon thereafter as practical.
(7) On an appeal pursuant to this section, the director may affirm
the commissioner's decision, modify the commissioner's decision by
reducing or increasing the amount of the penalty levied so that it is
within the director's guidelines for imposing civil penalties, or
reverse the commissioner's decision. Any civil penalty increased by
the director shall not be higher than that proposed in the
commissioner's notice of proposed action given pursuant to
subdivision (c). A copy of the director's decision shall be delivered
or mailed to the appellant and the commissioner.
(8) Any person who does not request a hearing pursuant to
subdivision (c) may not file an appeal pursuant to this subdivision.
(9) Review of a decision of the director may be sought by the
appellant within 30 days of the date of the decision pursuant to
Section 1094.5 of the Code of Civil Procedure.
(e) The commissioner may levy a civil penalty pursuant to
subdivisions (a), (c), and (d) against a person violating paragraph
(1), (2), or (8) of subdivision (a) of Section 1695 of the Labor
Code, which pertains to registration with the commissioner, carrying
proof of that registration, and filing changes of address with the
commissioner.
(f) After the exhaustion of the appeal and review procedures
provided in this section, the commissioner or his or her
representative may file a certified copy of a final decision of the
commissioner that directs the payment of a civil penalty and, if
applicable, a copy of any decision of the director or his or her
authorized representative rendered on an appeal from the commissioner'
s decision and a copy of any order that denies a petition for a writ
of administrative mandamus, with the clerk of the superior court of
any county. Judgment shall be entered immediately by the clerk in
conformity with the decision or order. No fees shall be charged by
the clerk of the superior court for the performance of any official
service required in connection with the entry of judgment pursuant to
this section.
13000. (a) Except as provided in subdivisions (b) and (c), an
action brought pursuant to this article shall be commenced by the
director, the commissioner, the Attorney General, the district
attorney, the city prosecutor, or the city attorney, as the case may
be, within two years of the occurrence of the violation.
(b) When a commissioner submits a completed investigation to the
director for action by the director or the Attorney General, the
action shall be commenced within one year of that submission.
However, nothing in this subdivision precludes the director from
returning the investigation to the commissioner for action to be
commenced by the commissioner, the district attorney, the city
prosecutor, or the city attorney, as provided in subdivision (a).
(c) An action brought by the director to collect unpaid mill
assessments and delinquent fees required by Article 4.5 (commencing
with Section 12841) or an action brought by the director to collect
civil penalties pursuant to Section 12999.4 for violations of Article
4.5 (commencing with Section 12841), Section 12992, Section 12993,
or Section 12995 shall be commenced within four years of the
occurrence of the violation.
13000.1. The commissioner or director may bring an action to enjoin
the violation or the threatened violation of any order made pursuant
to this division in the superior court in the county in which the
order is issued or the violation occurs or is threatened, and the
court may enjoin the violation or threatened violation upon that
showing and without further evidence of irreparable injury. The court
may compel specific performance of any acts or course of conduct
necessary to protect persons, animals, crops, or property.
12996. (a) Every person who violates any provision of this division
relating to pesticides, or any regulation issued pursuant to a
provision of this division relating to pesticides, is guilty of a
misdemeanor and upon conviction shall be punished by a fine of not
less than five hundred dollars ($500) nor more than five thousand
dollars ($5,000), or by imprisonment of not more than six months, or
by both fine and imprisonment. Upon a second or subsequent conviction
of the same provision of this division relating to pesticides, a
person shall be punished by a fine of not less than one thousand
dollars ($1,000) nor more than ten thousand dollars ($10,000), or by
imprisonment of not more than six months or by both fine and
imprisonment. Each violation constitutes a separate offense.
(b) Notwithstanding the penalties prescribed in subdivision (a),
if the offense involves an intentional or negligent violation that
created or reasonably could have created a hazard to human health or
the environment, the convicted person shall be punished by
imprisonment in the county jail not exceeding one year or in the
state prison or by fine of not less than five thousand dollars
($5,000) nor more than fifty thousand dollars ($50,000), or by both
the fine and imprisonment.
(c) This section does not apply to violations of Chapter 7.5
(commencing with Section 15300).
12996.5. (a) For the purposes of this chapter:
(1) "Office" means the Office of Environmental Health Hazard
Assessment.
(2) "Department" means the Department of Pesticide Regulation.
(3) "Certified Unified Program Agency" or "CUPA" means the agency
certified by the Secretary for Environmental Protection to implement
the unified program specified in Chapter 6.11 (commencing with
Section 25404) of Division 20 of the Health and Safety Code within a
jurisdiction.
(4) "Agency" means the California Environmental Protection Agency.
(5) "Nonoccupational" means that the person exposed to the
pesticide was not at the time of the exposure performing work as an
employee.
(6) "Acute" means a medical condition that involves a sudden onset
of symptoms due to an illness, injury, or other medical problem that
requires prompt medical attention and that has a limited duration.
(7) "Uncompensated medical care" means the cost of care not
covered by any other program, including, but not limited to
copayments for medical insurance, Healthy Families Program, or
Medi-Cal. Reimbursed medical costs shall not exceed 125 percent of
the Medi-Cal reimbursement rates.
(b) The exposure of each person to a pesticide resulting from the
violation of Section 12972 or 12973, or any regulation adopted
pursuant to Section 12976, 12981, or 14005, that causes acute
illnesses or injury, shall constitute a separate violation of the
statute or regulation.
12997. In lieu of seeking prosecution of any violation of this
division as a misdemeanor, and the penalty prescribed in Section
12996, the director may prosecute civilly pursuant to Sections 12998
and 12999, or may levy civil penalties pursuant to Section 12999.4 or
the commissioner may levy civil penalties pursuant to Section
12999.5.
12997.5. (a) In addition to any penalties paid in connection with
an enforcement action taken pursuant to Sections 12996, 12997, 12999,
and 12999.5, any person who is found in violation of any provision
of this division related to pesticides or any regulation related to
pesticides adopted pursuant to this division that results in illness
or injury requiring emergency medical transport or immediate medical
treatment of any individual in a nonoccupational setting from any
pesticide used in the production of an agricultural commodity, shall
be liable to the individual harmed or to the medical provider for the
immediate costs of uncompensated medical care from acute injuries
and illnesses of the exposed individual.
(b) Any order issued in connection with a finding of a violation
as described in subdivision (a) shall include the obligation to
reimburse medical costs from acute illnesses and injuries of any
individual requiring immediate medical treatment as a consequence of
this violation to the injured individuals or their medical providers.
(c) Any person found in violation of this section shall submit to
the director within 30 days of the final determination of liability,
a written plan on how they will pay individuals and medical providers
for the emergency medical transport and the immediate medical costs
from acute medical injuries and illnesses of all individuals
requiring immediate medical treatment as a consequence of the
violation. A person alleged to have violated subdivision (a) may
voluntarily submit a written plan pursuant to this section prior to
the determination of liability. The contents of the voluntary plan
shall not be held against the person in any action to determine
whether the person violated those provisions.
(d) Any violation of this section shall be subject to the criminal
and civil sanctions and penalties set forth in this division.
(e) Payment of emergency medical costs pursuant to this section
shall not preclude an affected person from filing a civil action for
injuries, illnesses, or costs related to the incident. Any damage
award associated with a civil action related to the incident shall be
reduced by the amount the plaintiff received from this section.
(f) Payment of emergency medical costs pursuant to this section
shall not be held against the person in any action to determine
whether the person violated those provisions.
(g) For any person who provides for the immediate reimbursement of
medical costs for acute medical illnesses and injuries prior to a
final determination by the department, the director or agricultural
commissioner may reduce, by not more than 50 percent, the fines
imposed pursuant to Section 12996.5. This reduction shall not limit
the responsible party's financial obligation under this section. The
department or agricultural commissioner shall attempt to complete the
determination within 45 days of the incident.
12997.7. (a) The agency, in consultation with the department, the
office, county agricultural commissioners, local health officers,
CUPAs, and affected community members, shall by August 31, 2005,
establish minimum standard protocols for the purposes of amending
area plans.
(b) The protocols shall include, but not be limited to, all of the
following:
(1) Protocols for requesting and providing immediate access to
pesticide-specific information necessary to assist emergency medical
services personnel in identifying pesticides that may be causing a
pesticide drift exposure incident and appropriate treatments.
(2) Protocols to delineate specific agency responsibilities and
the process for responding to calls, notifying residents, and
coordinating evacuation, if needed.
(3) Protocols to establish emergency shelter procedures and
locations to be used in the event evacuation is needed.
(4) Protocols to access services in all languages known to be
spoken in the affected area in accordance with Section 11135 of the
Government Code.
(5) Protocols to ensure access to health care within 24 hours of
the exposure and up to a week after the exposure.
(6) Protocols to notify medical providers regarding eligibility
for reimbursement pursuant to Section 12997.5.
(c) The CUPA or administering agency shall amend the area plan for
emergency response, pursuant to subdivision (c) of Section 25503, to
specifically address pesticide drift exposure and to incorporate
provisions of the protocols of subdivision (b).
(d) Upon the next scheduled update of the area plan, all CUPAs
shall have incorporated a pesticide drift component into their area
plan.
(e) The minimum standard protocols developed under subdivision (a)
shall be in accordance with the California Environmental Protection
Agency's guidelines.
12998. Any person who violates this division relating to pesticides
or structural pest control devices, or any regulation issued
pursuant to a provision of this division relating to pesticides or
structural pest control devices, is liable civilly in an amount not
less than one thousand dollars ($1,000) nor more than ten thousand
dollars ($10,000) for each violation. Any person who commits a second
or subsequent violation that is the same as a prior violation or
similar to a prior violation or whose intentional violation resulted
or reasonably could have resulted in the creation of a hazard to
human health or the environment or in the disruption of the market of
the crop or commodity involved, is liable civilly in an amount not
less than five thousand dollars ($5,000) nor more than twenty-five
thousand dollars ($25,000) for each violation. Any money recovered
under this section shall be paid into the Department of Pesticide
Regulation Fund for use by the department in administering this
division, and Division 6 (commencing with Section 11401).
12999. Upon a complaint by the director, or by the Structural Pest
Control Board in the case of violations of Chapter 7.5 (commencing
with Section 15300) or regulations adopted pursuant to that chapter
relating to structural pest control devices, the Attorney General may
bring an action for civil penalties in any court of competent
jurisdiction in this state against any person violating any provision
of this division, or any regulation issued pursuant to it. The
Attorney General may bring an action for civil penalties on his or
her own initiative if, after examining the complaint and the
evidence, he or she believes a violation has occurred.
12999.2. The remedies or penalties provided by this division are in
addition to the remedies or penalties available under any other law.
12999.4. (a) In lieu of civil prosecution by the director, the
director may levy a civil penalty against a person violating Sections
12115, 12116, 12671, 12992, 12993, Chapter 10 (commencing with
Section 12400) of Division 6, Article 4.5 (commencing with Section
12841), Chapter 7.5 (commencing with Section 15300), or the
regulations adopted pursuant to those provisions, of not more than
five thousand dollars ($5,000) for each violation.
(b) Before a civil penalty is levied, the person charged with the
violation shall be given a written notice of the proposed action,
including the nature of the violation and the amount of the proposed
penalty, and shall have the right to request a hearing within 20 days
after receiving notice of the proposed action. A notice of the
proposed action that is sent by certified mail to the last known
address of the person charged shall be considered received even if
delivery is refused or the notice is not accepted at that address. If
a hearing is requested, notice of the time and place of the hearing
shall be given at least 10 days before the date set for the hearing.
Prior to the hearing, the person shall be given an opportunity to
review the director's evidence. At the hearing, the person shall be
given the opportunity to present evidence on his or her own behalf.
If a hearing is not timely requested, the director may take the
action proposed without a hearing.
(c) If the person against whom the director levied a civil penalty
requested and appeared at a hearing, the person may seek review of
the director's decision within 30 days of the date of the decision
pursuant to Section 1094.5 of the Code of Civil Procedure.
(d) After the exhaustion of the review procedure provided in this
section, the director, or his or her representative, may file a
certified copy of a final decision of the director that directs the
payment of a civil penalty and, if applicable, any order that denies
a petition for a writ of administrative mandamus, with the clerk of
the superior court of any county. Judgment shall be entered
immediately by the clerk in conformity with the decision or order. No
fees shall be charged by the clerk of the superior court for the
performance of any official service required in connection with the
entry of judgment pursuant to this section.
(e) Any money recovered under this section shall be paid into the
Department of Pesticide Regulation Fund for use by the department,
upon appropriation, in administering this division and Division 6
(commencing with Section 11401).
12999.5. (a) In lieu of civil prosecution by the director, the
commissioner may levy a civil penalty against a person violating
Division 6 (commencing with Section 11401), Article 10 (commencing
with Section 12971) or Article 10.5 (commencing with Section 12980)
of this chapter, Section 12995, Article 1 (commencing with Section
14001) of Chapter 3, Chapter 7.5 (commencing with Section 15300), or
a regulation adopted pursuant to any of these provisions, of not more
than one thousand dollars ($1,000) for each violation. Any violation
determined by the commissioner to be a serious violation as defined
in Section 6130 of Title 3 of the California Code of Regulations is
subject to a fine of not more than five thousand dollars ($5,000) for
each violation. It is unlawful and grounds for denial of a permit
under Section 14008 for any person to refuse or neglect to pay a
civil penalty levied pursuant to this section once the order is
final.
(b) If a person has received a civil penalty for pesticide drift
in a school area subject to Section 11503.5 that results in a serious
violation as defined in subdivision (a), the commissioner shall
charge a fee, not to exceed fifty dollars ($50), for processing and
monitoring each subsequent pesticide application that may pose a risk
of pesticide drift made in a school area subject to Section 11503.5.
The Agricultural Commissioner shall continue to impose the fee for
each subsequent application that may pose a risk of drift, until the
person has completed 24 months without another serious violation as
defined in subdivision (a).
(c) Before a civil penalty is levied, the person charged with the
violation shall be given a written notice of the proposed action
including the nature of the violation and the amount of the proposed
penalty, and shall have the right to request a hearing within 20 days
after receiving notice of the proposed action. A notice of the
proposed action that is sent by certified mail to the last known
address of the person charged shall be considered received even if
delivery is refused or the notice is not accepted at that address. If
a hearing is requested, notice of the time and place of the hearing
shall be given at least 10 days before the date set for the hearing.
At the hearing, the person shall be given an opportunity to review
the commissioner's evidence and to present evidence on his or her own
behalf. If a hearing is not timely requested, the commissioner may
take the action proposed without a hearing.
(d) If the person upon whom the commissioner levied a civil
penalty requested and appeared at a hearing, the person may appeal
the commissioner's decision to the director within 30 days of the
date of receiving a copy of the commissioner's decision. The
following procedures apply to the appeal:
(1) The appeal shall be in writing and signed by the appellant or
his or her authorized agent, state the grounds for the appeal, and
include a copy of the commissioner's decision. The appellant shall
file a copy of the appeal with the commissioner at the same time it
is filed with the director.
(2) The appellant and the commissioner may, at the time of filing
the appeal or within 10 days thereafter or at a later time prescribed
by the director, present the record of the hearing including written
evidence that was submitted at the hearing and a written argument to
the director stating grounds for affirming, modifying, or reversing
the commissioner's decision.
(3) The director may grant oral arguments upon application made at
the time written arguments are filed.
(4) If an application to present an oral argument is granted,
written notice of the time and place for the oral argument shall be
given at least 10 days before the date set therefor. The times may be
altered by mutual agreement of the appellant, the commissioner, and
the director.
(5) The director shall decide the appeal on the record of the
hearing, including the written evidence and the written argument
described in paragraph (2), that he or she has received. If the
director finds substantial evidence in the record to support the
commissioner's decision, the director shall affirm the decision.
(6) The director shall render a written decision within 45 days of
the date of appeal or within 15 days of the date of oral arguments
or as soon thereafter as practical.
(7) On an appeal pursuant to this section, the director may affirm
the commissioner's decision, modify the commissioner's decision by
reducing or increasing the amount of the penalty levied so that it is
within the director's guidelines for imposing civil penalties, or
reverse the commissioner's decision. Any civil penalty increased by
the director shall not be higher than that proposed in the
commissioner's notice of proposed action given pursuant to
subdivision (c). A copy of the director's decision shall be delivered
or mailed to the appellant and the commissioner.
(8) Any person who does not request a hearing pursuant to
subdivision (c) may not file an appeal pursuant to this subdivision.
(9) Review of a decision of the director may be sought by the
appellant within 30 days of the date of the decision pursuant to
Section 1094.5 of the Code of Civil Procedure.
(e) The commissioner may levy a civil penalty pursuant to
subdivisions (a), (c), and (d) against a person violating paragraph
(1), (2), or (8) of subdivision (a) of Section 1695 of the Labor
Code, which pertains to registration with the commissioner, carrying
proof of that registration, and filing changes of address with the
commissioner.
(f) After the exhaustion of the appeal and review procedures
provided in this section, the commissioner or his or her
representative may file a certified copy of a final decision of the
commissioner that directs the payment of a civil penalty and, if
applicable, a copy of any decision of the director or his or her
authorized representative rendered on an appeal from the commissioner'
s decision and a copy of any order that denies a petition for a writ
of administrative mandamus, with the clerk of the superior court of
any county. Judgment shall be entered immediately by the clerk in
conformity with the decision or order. No fees shall be charged by
the clerk of the superior court for the performance of any official
service required in connection with the entry of judgment pursuant to
this section.
13000. (a) Except as provided in subdivisions (b) and (c), an
action brought pursuant to this article shall be commenced by the
director, the commissioner, the Attorney General, the district
attorney, the city prosecutor, or the city attorney, as the case may
be, within two years of the occurrence of the violation.
(b) When a commissioner submits a completed investigation to the
director for action by the director or the Attorney General, the
action shall be commenced within one year of that submission.
However, nothing in this subdivision precludes the director from
returning the investigation to the commissioner for action to be
commenced by the commissioner, the district attorney, the city
prosecutor, or the city attorney, as provided in subdivision (a).
(c) An action brought by the director to collect unpaid mill
assessments and delinquent fees required by Article 4.5 (commencing
with Section 12841) or an action brought by the director to collect
civil penalties pursuant to Section 12999.4 for violations of Article
4.5 (commencing with Section 12841), Section 12992, Section 12993,
or Section 12995 shall be commenced within four years of the
occurrence of the violation.
13000.1. The commissioner or director may bring an action to enjoin
the violation or the threatened violation of any order made pursuant
to this division in the superior court in the county in which the
order is issued or the violation occurs or is threatened, and the
court may enjoin the violation or threatened violation upon that
showing and without further evidence of irreparable injury. The court
may compel specific performance of any acts or course of conduct
necessary to protect persons, animals, crops, or property.
