Key Takeaways
- What Happened: On November 13, 2025, the California Department of Pesticide Regulation (DPR) held a webinar explaining planned changes to DPR’s Enforcement Response Regulations at 3 CCR §§ 6128 and 6130.
- Who’s Impacted: Pesticide industry stakeholders in California, including product registrants and users.
- What Companies Should Consider Doing in Response: Understand the proposed updates and consider submitting comments before the December 13, 2025 deadline. There will also be a future opportunity to submit comments in connection with DPR’s formal rulemaking next year.
Background
DPR is responsible for overall statewide enforcement of California’s pesticide laws and oversees counties’ enforcement programs to provide consistent enforcement throughout the state. DPR’s Enforcement Response Regulations (ER Regulations) direct County Agricultural Commissions (CACs) to assess administrative civil penalties for local agricultural or structural pesticide use violations. DPR increased maximum fines for certain use violations last year to align with earlier statutory changes that increased civil penalties in the Food and Agriculture Code (FAC), but DPR has not comprehensively updated the ER Regulations since 2007.
As described in DPR’s November 13 webinar and a related Discussion Document, the Department is currently considering updates to its ER Regulations in four key areas: (1) alignment of penalties with the nature of violations; (2) adjusting minimum fine levels; (3) improving statewide consistency in fine amounts; and (4) general process improvements. DPR anticipates initiating formal rulemaking for the proposed changes in the second quarter of 2026, and DPR is now accepting initial public comments on these concepts through December 13, 2025.
Current Regulations in Effect
DPR’s current regulations outline a step-by-step process for CACs to first classify pesticide use violations as Class A, B, or C, and then determine an appropriate enforcement response. Based on the class of violation, the CAC will respond using the enforcement criteria described under 3 CCR § 6128.
Under the current framework, a Class A violation is one that caused a health, property, or environmental hazard (for example, pesticide drift onto a non-target crop or an employee becoming ill due to lack of personal protective equipment). Enforcement responses may involve formal referral or enforcement action, with a potential fine range of $700 to $15,000.
Class B violations are those that did not cause harm but involved a law or regulation that mitigates risk (for example, failure to wear personal protective equipment). Enforcement responses may involve formal referral, enforcement action, or compliance action with a decision report, and an associated potential fine range of $250 to $3,000.
Finally, Class C violations are those that do not involve a law or regulation that mitigates risk (for example, late submission of pesticide use reports). Enforcement responses may involve enforcement or compliance action, and a potential fine range of $50 to $400.
When determining the fine amount within the range, CACs must consider the severity of the violation’s actual or potential effects and the respondent’s compliance history.
Proposed Future Changes
DPR anticipates proposing changes in four focus areas.
First, DPR anticipates proposing to more consistently align penalties with the nature of use violations. This change could potentially include refining the criteria for violation classes and/or replacing or adding class categories. For Class A violations, DPR anticipates proposing to define the criteria based on actual impact and harm. For Class C violations, DPR also plans to define the applicable criteria. DPR may also consider adding categories of violations.
Second, DPR anticipates proposing adjustments to the minimum fine levels. According to DPR, it has not changed the minimum fine levels since 2002. DPR’s proposed changes under this focus area include raising the minimum fines for Class A and B violations.
Third, DPR anticipates proposing requirements that increase statewide consistency in penalty amounts. This change could potentially include a requirement for CACs to consider statewide compliance history in addition to county compliance history when enforcing Class A violations. It could also include requiring CACs to justify a selected fine amount in proposed action notices.
Finally, DPR anticipates various other general process improvements. These changes could potentially include an updated notification and referral process to District Attorneys, City Attorneys, and/or Circuit Prosecutors. It could also include a required review of reportable investigation notices of proposed actions, mandatory DPR referrals for multi-jurisdictional reportable incidents, and clarified timelines and expectations for reviewing CAC decision reports.
Public Comment and Next Steps
DPR is currently accepting public comments on these initial concepts through December 13, 2025. Stakeholders and other interested members of the public may submit comments online at DPR’s Enforcement Response Regulations, or via email to Enforcement_Pre-Regs@cdpr.ca.gov.
DPR expects to promulgate a formal notice of proposed rulemaking in the second quarter of 2026, at which time there will be additional opportunity for public comment.
