Director’s Decision on Appeal of Butte County Agricultural Commissioner’s Decision (Harris Farms, Docket Number 230)

The Director’s Decision on the Harris Farms appeal of the $3,000 administrative civil penalty fine levied by the Butte County Agricultural Commissioner (CAC) under Food and Agricultural Code (FAC) section 12999.5 is enclosed. The Director affirmed the CAC’s action and penalty. The Director’s Decision was signed November 24, 2025, and became final after 30 days when not appealed.

The Butte CAC found Harris Farms in violation of FAC section 12973 for using two pesticides in conflict with their labeling, resulting in a human health hazard. The Butte CAC classified the violation as a Class A violation and levied a $3,000 fine.

Harris Farms appealed the CAC’s Decision to the Director alleging numerous issues and/or deficiencies with the CAC’s investigation procedures and evidence collection. The Director found the Appellant’s claims were cured during the hearing through testimony, did not affect the relevance or reliability of the clothing sample evidence or the investigative report, or were irrelevant and nonprejudicial to the Appellant. The Director determined the CAC’s Decision was supported by substantial evidence in the record. With no cause to reverse or modify the CAC’s Decision, the $3,000 fine was upheld.

This Decision addresses the following concepts:

• Deviations from investigation procedure guidance
• Relevance and reliability of investigative reports
• Addressing investigative issues, errors, or omissions during testimony

Please make this information available to your staff as a reference in preparing and processing cases.

If you have any questions, please contact the Enforcement Branch Liaison assigned to your county.

Sincerely,