DPR Considering Changes To Enforcement Response Regulations

On November 13, 2025, the California Department of Pesticide Regulation (DPR) held a webinar to discuss potential changes to its Enforcement Response Regulations set forth at 3 C.C.R. Sections 6128 and 6130. DPR also released its Discussion Document explaining the various regulatory "concepts" it is considering and posing questions for public input related to those concepts.

The proposed focus areas are designed to address areas of improvement identified in a U.S. Environmental Protection Agency (EPA) audit conducted in 2023, improve statewide consistency, and clarify elements of enforcement processes. The four areas are:

1. Consistently align penalties with the nature of violations. Currently, the regulations classify violations into three categories — Class A, B, and C — based on the severity and nature of the violation. DPR is considering regulatory approaches to align penalties consistently with the nature of violations, including refining the criteria for Class A, B and C violations, or considering whether additional categories are needed. Among other questions, DPR is seeking input on how "harm" should be defined and what changes should be made for the degree of potential harm and/or actual harm.
2. Increase minimum fine levels. While maximum fines have been updated, minimum fines have not changed since 2002. DPR proposes raising minimum fine levels to better reflect the seriousness of violations, narrowing the currently large fine ranges to support consistency in fine and penalty amounts across counties.
3. Improve statewide consistency in fine amounts. DPR states that a key recommendation from the 2023 EPA audit is to improve consistency in how fines are applied across counties. Currently, County Agricultural Commissioners (CAC) consider county compliance history when determining penalties, but DPR is now considering requiring CACs to consider statewide compliance history when imposing enforcement actions for Class A violations.
4. General process improvements. DPR is considering several updates to streamline and strengthen enforcement processes, including updating its processes for notification and referrals to District Attorneys, City Attorneys, or Circuit Prosecutors, requiring review of notices of proposed action from reportable investigations, requiring DPR referrals for multi-jurisdictional reportable incidents (per AB 2113), and clarifying timelines and expectations for reviewing CAC decision reports.