Pesticides: enforcement actions: civil penalty: judicial review.

Existing law provides that every person who violates a provision of law or any regulation relating to pesticides is guilty of a misdemeanor and shall be punished by specified fines or by up to 6 months imprisonment, or both. In lieu of seeking prosecution for a misdemeanor, existing law authorizes the Director of Pesticide Regulation to prosecute a violation civilly, as specified. In lieu of a civil prosecution by the director, existing law authorizes the county agricultural commissioner to levy a civil penalty against a person violating specified provisions of law relating to pest control operations, pesticides, pesticides and worker safety, use of restricted materials, use of an unregistered pesticide, carbon monoxide pest control devices, structural pest control devices, or regulations adopted pursuant to these provisions. This bill would provide that, if the director determines that violations of those specified provisions occurring on or after January 1, 2021, have been committed in multiple jurisdictions, involve a priority investigation involving human or environmental health effects, as defined, or are not appropriate to be enforced by a county agricultural commissioner for specified reasons, the director may levy a civil penalty of up to $25,000 for each violation in accordance with specified procedural and other requirements, or may refer any of those violations to the proper enforcement agency, including the district attorney of the county in which the violations occurred or the Attorney General. The bill would provide for judicial review of the director's decision to levy civil penalties, and would provide for expedited judicial enforcement of final civil penalty determinations, as specified. The bill would authorize the Department of Pesticide Regulation to adopt regulations to implement and enforce these provisions.