Reportable Incidents Notice of Proposed Action Review
On December 13, 2024, the Department of Pesticide Regulation (DPR), the California Agricultural Commissioners and Sealers Association (CACASA), and the United States Environmental Protection Agency Region 9 (U.S. EPA) signed a new Three Party Memorandum of Understanding (MOU) which superseded the 2005 Cooperative Agreement between the parties. Relevant to this letter, the MOU replaced the term and definition of “Priority Investigation” and with the new term “Reportable Investigation” and included several changes and additions to the Reportable Incidents Criteria in Appendix A. This ENF letter updates and replaces the guidance in ENF letter 20-02.
To promote consistency and clarity in overall enforcement responses and provide County Agricultural Commissioners (CACs) with assistance in difficult or complex enforcement action decisions, since 2013 (Enforcement Letter ENF 13-11) DPR has required CACs to send, for review, certain Notices of Proposed Action (NOPAs) to the appropriate DPR Regional Office before providing them to the respondent. Specifically, DPR reviews draft NOPAs for incidents meeting the human health Reportable Incidents Criteria and any other violations with substantial adverse human health effects. When in doubt about whether a draft NOPA meets these criteria, consult with your Regional Office.
For a qualifying incident, each NOPA resulting from that investigation must be forwarded to your Regional Office for review before you send them to the respondent(s). For example, if you are pursuing enforcement actions against multiple parties, such as separate actions for an applicator and two farm labor contractors, all three NOPAs must be forwarded for review prior to issuing the NOPAs to the respondents.
When sending any draft NOPA for DPR review, please include a copy of the investigation report, inspection form, or other documentation of the violations identified in the NOPA. Links to closed inspections or investigations in CalPEATS are acceptable.
Typically, DPR reviews NOPAs for:
- Correct format and necessary enclosures
- Correct violation(s)
- Correct violation classification
- Fine amount in light of severity of violation, compliance history, consistency with overall enforcement, etc.
DPR will review the draft NOPA and either complete the review of the NOPA or request additional review time from the CAC within 30 calendar days of receipt.
The goal of the NOPA review process is to increase communication between CACs and DPR and to promote consistency and clarity in the enforcement response. DPR’s continued review of these NOPAs prior to issuance serves to support and strengthen statewide enforcement of California’s pesticide laws and regulations by assisting with difficult or complicated enforcement action decisions.
If you have any questions, please contact the Enforcement Branch Liaison assigned to your county.
Sincerely,