Update to Pesticide Use Enforcement Program Standards Compendium Volume 6: Criminal Action Statute of Limitations

This letter announces the availability of, and summarizes, updates to Pesticide Use Enforcement Program Standards Compendium Volume 6, Enforcement Response to Pesticide Use Violations, one of the seven volumes of the Pesticide Use Enforcement Program Standards Compendium.

The statute of limitations for criminal actions (a felony or misdemeanor prosecution) brought pursuant to FAC section 12996 are governed by Penal Code sections 801 and 802, respectively.

To reflect this, DPR has updated the Prosecution of Pesticide Violations Under the Food and Agricultural Code table, attached to ENF Letter 24-11 and currently found in Volume 6 Section 3.8. The changes to the table include:

• Revising the title and first row to reflect that that various prosecuting entities may have authority to pursue civil or criminal actions.
• Updating the third row to reflect that criminal prosecutions taken under the FAC are governed by Penal Code sections 801 and 802.

DPR has also made conforming changes to Volume 6 Section 3.8 and the referral memo template. Please have your staff begin using these updated resources immediately. If you have any questions, please contact the Enforcement Branch Liaison assigned to your county.

Sincerely,