Facts

Since 1907, Fruit Growers Supply has been providing agricultural supplies throughout California. Some of the agricultural supplies it sells include fertilizers, lawn and garden, pesticides, and insecticides. The Ventura County Agricultural Commissioner, along with the District Attorney's Office Consumer and Environmental Protection Unit, and with the assistance from the California Department of Fish and Wildlife and the National Parks Service Santa Monica Mountains National Recreation area investigated Fruit Growers Supply. From 2014 through 2018, the California Department of Fish and Wildlife have found Second Generation Anticoagulant Rodenticides in more than 90 percent of tested deceased mountain lions, 88 percent of tested deceased bobcats, 85 percent of tested deceased protected Pacific fishers, and 70 percent of tested deceased northern spotted owls. Because these rodenticides are more persistent in animal tissues, acutely toxic and require only a single feeding to result in a fatal dose, they are highly monitored.

PLAINTIFFS' CONTENTIONS: Plaintiffs, the People of California, contended that defendant Fruit Growers Supply sold restricted pesticides to non-permitted users 317 times between January 1, 2019 and November 4, 2020. Fruit Grower Supply invoices detailed that unlawful sales were made by several of its employees. The employees bypassed an internal computer software program that alerts company personnel as to the purchase of restricted pesticides and as to the requirement that a copy of the buyer's restricted materials permit must be obtained before the sale. Existing law requires that only individuals who are certified commercial or certified private applicators possessing a restricted materials permit issued by the Ventura County Agricultural Commissioner may be sold the restricted pesticides. The following restricted pesticides were sold: Fumitoxin; Contrac Blox; Gramoxone; Martin's Gopher Bait; and Amine 4 2,4-d Weed Killer. These particular pesticides require 24-hour notification to allow for the Ventura County Agricultural Commissioner to evaluate weather conditions and location of sensitive populations such as schools, homes, hospitals, recreation areas and livestock before its use and release.

Result

Fruit Growers Supply agreed to pay $625,000 to settle the case and also pledged to work with the Ventura County Agricultural Commissioner to ensure that unlawful pesticides sales do not reoccur in the future. The settlement funds will be broken down accordingly: $315,000 to the California Department of Pesticide Regulation for administering the pesticide regulatory program; $310,000 civil penalties of which $100,000 will be distributed in the form of a Supplemental Environmental Project to the National Park Service Santa Monica Mountains National Recreation Area. The National Park Service will use these funds to protect wildlife including research, monitoring and protecting the diminishing mountain lion population and other animals harmed by pesticide poisoning. Finally, the settlement also includes a permanent injunction requiring Fruit Growers Supply to comply with all applicable laws related to Pest Control Dealer license requirements and coordinate with Ventura County Agricultural Commissioner compliance responsibilities as it relates to pesticide laws and regulations.