COUNTY: VENTURA WH&S No: 2012-569, 2012-631

C O UN T Y: V E N T UR A W H &S No: 2012-569, 2012-631 

Ag Inspectors: Emmanuel Gonzalez Report Submitted: March 12, 2013 

Bridget Lux 

Blanca Enriquez-Pratt 

SU M M A R Y : 

On 

received a 

complaint from T. PETERSEN and R. FLORES about possible pesticide misapplications by 

Marz Farms, located at 5800 McBean Rd, Somis, California (Restricted Material Permit [RMP] 

56-12-56C0484, site 53). Subsequently, on July 9 and July 12, 2012, the VCAC received 

Pesticide Incident Reports (PIR), T. PETERSEN 2012-569 and R. FLORES 2012-631, from the 

Department of Pesticide Regulation (DPR) regarding related incidents in which T. PETERSEN 

and R. FLORES allege they were injured by pesticides. Although pesticide drift was alleged by 

T. PETERSEN and R. FLORES, no violation of drift provisions was determined. 

There were however, five violations determined in the course of the investigation; (1) Failure to 

turn in Pesticide Use Reports (PUR) by the 10th day of the following month for a June 29 & 30, 

2012 Dusting Sulfur application; (2) No Application-specific information for handlers for the 

June 29 & 30, 2012 Dusting Sulfur application; (3) Missing PUR information of the completion 

date and time for applications on June 21, 2012 and July 10, 2012; (4) Failure to obtain a site 

identification number prior to use of a pesticide (Block 53G was not listed on RMP/Operator 

Identification Number [OID] prior to pesticide use); and (5) Conflict with labeling for use of the 

Quimag Quimicos Aguila Copper Sulfate Crystals product as a nutrient. 

B A C K G R O UND: 

Marz Farms moved into the Somis neighborhood to a former nursery site, in the spring of 2011. 

They have been planting berries on the site in phases and have been adjusting their 

RMP/Operator Identification Number (OID) as necessary to add acreage. Marz Farms has all of 

their berry plants in pots above ground, on gravel and uses drip irrigation. Planting was 

completed on site 53, the closest to the property of T. PETERSEN and R. FLORES, in June 2012 

- Blocks 53E and 53F. Block H on the map received plants in August 2012 (Appx 1, Maps 

showing site 53 Blocks prior to complaints, Map showing site 53 after complaints Blocks E, F 

and H). The residents are south of these blocks. R. FLORES and T. PETERSEN live next to 

Block 53E (which was part of Block A until July 26, 2012). 

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Initially, the berries north of the residences were only partially covered by hoop houses. R. 

FLORES, T. PETERSEN and other residents complained to Marz Farms and the VCAC that 

their views would be blocked by the planned, additional hoop houses. In response, Marz Farms 

installed shorter height hoop houses. The hoop houses were completed in mid/end of August 

2012. 

R. FLORES and T. PETERSEN complained of exposure to pesticides from applications on June 

21, 29 and 30, 2012 (based on PIRs and statements). They have also complained of increased 

sensitivity to chemicals, ongoing symptoms, and continuing exposure to vapors from pesticides 

applied anywhere on Marz Farms site 53. Marz Farms has implemented various safety/mitigation 

measures. 

W I T N ESSES: 

Residents 

Margory (Tillie) Petersen Cummings, 5981 La Cumbre Rd, Somis, CA, 93066, phone (805) 386- 

3009 

Robert Flores, 5981 La Cumbre Rd, Somis, CA, 93066, phone (805) 386-3009 

Sharon Gregson, 5951 La Cumbre Rd, Somis, CA, 93066, phone (805) 386-4415 

Rick and Margaret Wall, 6033 La Cumbre Rd, Somis, CA, 93066, phone (213) 923-4739 

Dr. David Cox, DVM, Palamino Cir., Somis, CA 93066, office phone (805) 386-0677 

Marz Farms 

David Martinez, Chief Financial Officer, 400 Camarillo Ranch Rd, Ste 107, Camarillo, CA, 

93012, phone (805) 389-0401 

Renato Martinez, Owner, 400 Camarillo Ranch Rd, Ste 107, Camarillo, CA, 93012, phone (805) 

389-0401 

Jose Juan Perez, Supervisor for Site 53, 400 Camarillo Ranch Rd, Ste 107, Camarillo, CA 93010, 

phone (805) 389-0401 

Epifanio Garita, Pesticide Foreman (Supervisor) for Site 53, 400 Camarillo Ranch Rd, Ste 107, 

Camarillo, CA, 93012, phone (805) 389-0401 

Israel Sandoval, Supervisor for Site 53, 400 Camarillo Ranch Rd, Ste 107, Camarillo, CA 93010 

phone (805) 389-0401 

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Emmanuel Gaxiola, Food Safety Representative, 400 Camarillo Ranch Rd, Ste 107, Camarillo, 

CA 93012, phone (805) 389-0401 

Ramon Martinez, Applicator, 400 Camarillo Ranch Rd, Ste 107, Camarillo, CA, 93012, phone 

(805) 389-0401 

Marcial Vargas, Applicator, 400 Camarillo Ranch Rd, Ste 107, Camarillo, CA, 93012, phone 

(805) 389-0401 

Nelson De Leon, Applicator, 400 Camarillo Ranch Rd, Ste 107, Camarillo, CA, 93012, phone 

(805) 389-0401 

Javier Marquez, Applicator, 400 Camarillo Ranch Rd, Ste 107, Camarillo, CA, 93012, phone 

(805) 389-0401 

Ernesto Gonzalez, Applicator, 400 Camarillo Ranch Rd, Ste 107, Camarillo, CA, 93012, phone 

(805) 389-0401 

Juan Garcia, Applicator, 400 Camarillo Ranch Rd, Ste 107, Camarillo, CA, 93012, phone (805) 

389-0401 (No longer employed by Marz Farms) 

Armando Mendoza, 400 Camarillo Ranch Rd, Ste 107, Camarillo, CA, 93012, phone (805) 389- 

0401 (On leave in Mexico) 

 

Rudy Martel, Chief Deputy Agricultural Commissioner, 669 County Square Drive, Ventura 

California, 93003, phone (805) 477-1620 

Heidi Wong, Deputy Agricultural Commissioner, 555 Airport Way Suite I, Camarillo California, 

93010, phone (805) 388-4222 

Andy Calderwood, Supervising Agricultural Inspector Biologist, 815 East Santa Barbara St, 

Santa Paula, California, 93060, phone (805) 933-2926 

Bridget Lux, Agricultural Inspector Biologist, 555 Airport Way Suite I, Camarillo California, 

93010, phone (805) 388-4222 

Blanca Enriquez-Pratt, Agricultural Inspector Biologist, 555 Airport Way Suite I, Camarillo 


Emmanuel Gonzalez, Agricultural Inspector Biologist, 815 East Santa Barbara St, Santa Paula 


3

Araceli Dominguez, Agricultural Inspector Biologist, 815 East Santa Barbara St, Santa Paula, 


Lauren Balthazor, Agricultural Inspector Biologist, 815 East Santa Barbara St, Santa Paula, 


Scott Wilson, Agricultural Inspector Biologist, 555 Airport Way, Suite I, Camarillo, California 

93010, phone (805) 388-4222 

IN V EST I G A T I O N A ND ST A T E M E N TS: 

A complaint from T. PETERSEN and R. FLORES was received on June 25, 2012, by Chief 

Deputy Martel regarding hoop houses that were going to obstruct their view. On July 2, 2012 

Chief Deputy Martel, spoke to T. PETERSEN (MARGORY PETERSEN CUMMINGS, aka 

TILLIE PETERSEN) 

and pesticide use/applications. In an email to Chief Deputy Martel, dated 7/3/12, discussion of 

whether or not drift, and/or post application drift occurred was noted by T. PETERSEN. She 

indicated in the email that she and Chief Deputy Martel did not have consensus on what drift 

means. (Appx 2, Email dated 7/3/12). T. PETERSEN feels that she and R. FLORES have 

experienced pesticide drift both during and after pesticide applications. On July 5, 2012, T. 

PETERSEN emailed Chief Deputy Martel that she and R. FLORES had gone to the emergency 

room (ER) on July 4, 2012 (Appx 3, Email dated 7/5/12). 

On July 9, 2012, Inspector Gonzalez was given a Pesticide Incident Report (PIR), WH&S 2012- 

569 for T. PETERSON (Appx 4, WH&S 2012-569), from Supervising Inspector Calderwood. It 

should be noted the correct spelling is PETERSEN. 

On July 11, 2012, R. FLORES contacted the VCAC Office asking if a pesticide application had 

been made the night before (July 10, 2012). 

FLORES told Inspector Wilson he was having a reaction to the application, experiencing 

symptoms including headache, eye irritation and bitter taste in his mouth. After speaking with R. 

FLORES, Inspector Wilson contacted Marz Farms and asked if any applications had taken place 

on July 10, 2012 and was provided a recommendation listing the products applied (Appx 5, 

Product Use Recommendation). Inspector Wilson emailed R. FLORES the Product Use 

Recommendation the same day. 

On July 12, 2012, Inspector Gonzalez was assigned a PIR involving R. FLORES (Appx 6, 

WH&S 2012-631), and was informed that R. FLORES and T. PETERSEN live in the same 

house and were complaining of symptoms from the same pesticide applications by Marz Farms. 

Inspector Gonzalez contacted T. PETERSEN and R. FLORES to schedule an appointment with 

them. 

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On July 13, 2012, at 9:00am, Inspector Gonzalez met with T. PETERSEN and R. FLORES to 

interview them. T. PETERSEN and R. FLORES were interviewed separately by Inspector 

Gonzalez. T. PETERSEN related the following to Inspector Gonzalez: 

T. PETERSEN said she and her husband, R. FLORES, had been exposed to pesticide drift from 

an application to property located to the north of them. She said the first exposure occurred on 

June 21, 2012, second exposure occurred on June 29, 2012, and third exposure on June 30, 2012. 

According to T. PETERSEN, while raking the horse corral and feeding their animals in her back 

yard, she saw Marz Farms applying pesticides on the blackberry plants using a spray rig. T. 

PETERSEN said she saw a cloud right on the spray rig (June 29, 2012 application per T. 

PETERSEN) and she did not see any drift moving onto her property. The following morning 

while she was checking on her animals, she found something that appeared to be pesticide 

 

eighbors, 

but disposed of it later. T. PETERSEN believes there was residue on the horse corral because 

every time she and her husband raked the horse corral they can smell strong odors and they 

started coughing. She said she rakes the corral 4 times per day. 

T. PETERSEN said, on June 22, 2012, her husband, R. FLORES, called D. Martinez, to address 

the issue of pesticide odors from the June 21, 2012 application. She said D. Martinez told R. 

FLORES they only use organic materials on the blackberry plants. R. FLORES requested 

notification of future pesticide applications, and that the applications take place after lunch and 

not too close to his property. T. PETERSEN said, according to R. FLORES, D. Martinez agreed 

to notify them before any applications occurred. She said her husband also spoke to J.J. Perez, 

Supervisor for Marz Farms, later that day, requesting the names of the pesticides which were 

used on the June 21, 2012 application. T. PETERSEN said that J.J. Perez told her husband that 

 

T. PETERSEN said after researching the Switch 

pesticide label they felt they had been misled since the product was not organic. 

T. PETERSEN also said that on June 30, 2012, she and R. FLORES were standing out in the 

corrals, about eight feet from the Marz Farms property and were observing another pesticide 

application. T. PETERSEN said that she and R. FLORES were happy with the application and 

 

she 

said her husband, R. FLORES, called Marz Supervisor J.J. Perez to tell him how pleased they 

were. T. PETERSEN said thirty minutes after their conversation with J.J. Perez, she and her 

husband began to smell odors. 

T. PETERSEN said that on July 1, 2012, at approximately 4:00 am, she opened her house 

windows and could still smell the strong odors. She said that the winds were blowing at 2-3 mph 

from the east. She said that she and R. FLORES felt nauseous. T. PETERSEN said that the 

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eason why they were standing outside observing the application the day before was because 

Marz Farms had stated that they were using organic materials and they thought that they were 

safe. T. PETERSEN said that she and her husband called Marz Farms again to inform them of 

the strong odors that they smelled. T. PETERSEN said, 

every day after the first odor complaint (June 21, 2012 application), and since the first 

application, we have been smelling odors, feeling sick a 

T. PETERSEN said that after a few days her symptoms got worse and that on July 4, 2012, both 

she and R. FLORES went to the 

, located at 2309 

Antonio Avenue, Camarillo, California 93010. T. PETERSEN said she was the only one that 

was examined by a physician and that R. FLORES had to return home to do chores. T. 

PETERSEN said that she experienced symptoms such as: bitter taste, burning eyes, burning 

under her nose, on her lips and inside her mouth, loss of voice, coughing, burning sensation 

when inhaling, and was experiencing sensitivity to cleaning products which she had used for 

over 20 years. 

T. PETERSEN said that Marz Farms conducts their applications when wind conditions blow 

away from residential homes and have done good applications. In addition, she said she 

 

T. PETERSEN said that during 

the night the winds and the inversions move the pesticide odors towards her property. 

At 11:00 am, before Inspector Gonzalez interviewed R. FLORES, Inspector Gonzalez noted that, 

R. FLORES asked T. PETERSEN to hand him their journal where they kept their notes. R. 

FLORES told Inspector Gonzalez he needed them because T. PETERSEN keeps better notes 

than him. 

R. FLORES related the following to Inspector Gonzalez. On June 21, 2012, he was not present 

when Marz Farms was conducting an application on the property behind his house. According to 

R. FLORES, T. PETERSEN told him that the application spray rig came within 25 feet of their 

property. While the speed sprayer was turning from one row into the next row, there were no 

nozzles turned on. R. FLORES said that approximately 5:00 or 6:00 pm, he and his wife started 

to smell strong odors. R. FLORES called Marz Supervisor J.J. Perez on June 22, 2012 to address 

the issue of the pesticide odors and to ask him what pesticide products were being applied. 

According to R.FLORES, J.J. Perez said they were using Switch. R. FLORES told J.J. Perez 

that when the applicator was applying the pesticide and entered into the next row, he drove into 

the pesticide spray mist. R. FLORES said J.J. 

was that the applicator 

was wearing a respirator. R. FLORES said he later called D. Martinez to ask what types of 

pesticides were applied and D. Martinez told him they use organic materials on-site. R. 

FLORES said he questioned D. Martinez about Switch pesticide not being an organic material. 

R. FLORES then requested notification of future applications at the Marz Farms site and he also 

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equested a buffer zone between the properties. R. FLORES said D. Martinez agreed on a 100 

foot buffer zone, within which the applications would be conducted using hand held equipment. 

The remainder of the block would be sprayed using a spray rig. 

R. FLORES told Inspector Gonzalez, that on June 29, 2012, Marz Farms conducted their 

application according to the agreement between R.FLORES, T. PETERSEN and D. Martinez. 

R. FLORES said that after the application, an inversion had carried pesticide odor onto his 

property. He believes there was residue on the horse corral as every time he and his wife raked 

the soil, they could smell very strong odors and started to have symptoms such as coughing, 

headache, and shortness of breath. 

R. FLORES said that on June 30, 2012, Marz Farms application went great. He said he 

contacted J.J. Perez to notify him that they were very happy with the application earlier that day. 

But, thirty minutes later and the following morning, on July 1, 2012, they had an inversion layer 

moving onto their property carrying strong odors. R. FLORES said he and T. PETERSEN 

contacted Chief Deputy Martel on July 3, 2012 in regards to the pesticide odors on June 21, 

2012. [Inspector Gonzalez later confirmed this conversation with J.J. Perez. J.J. Perez said that 

R. FLORES had asked him what pesticides had been applied by Marz Farms. J.J. Perez said he 

informed R. FLORES they had applied Switch in the past in the area behind T. PETERSEN 

and R. FLORES residence. J.J. Perez also said that R. FLORES had called to tell him that he 

(R. FLORES) and T. PETERSEN were very pleased with the application on June 29, 2012.] 

R. FLORES said that on July 4, 2012, he drove T. PETERSEN to the ER as her symptoms 

continued and only T. PETERSEN was examined by a physician. 

R. FLORES said that on July 10, 2012, at approximately 9:00 pm, he was resting on his couch 

when he started to smell stronger odors that were different than what they had smelled before. 

He began to experience irritation in his eyes and he immediately started to close the windows 

and doors. R. FLORES 

Valley Hospital located at 2309 Antonio Avenue in Camarillo, California 93010. This generated 

a PIR (WH&S 2012-631). R. FLORES said that Marz Farms had been spraying every day during 

the week of July 9-13, 2012. R. FLORES said his symptoms are: eye irritation, irritation of the 

chest when breathing, strong bitter mouth taste, coughing when inhaling deep, headache, and he 

is constantly clearing his throat. 

As Inspector Gonzalez was concluding his interviews, R. FLORES said both he and T. 

PETERSEN had spoken to their neighbor, S. GREGSON, and told her an inspector from the 

Agricultural Commissioners Office was going to interview them and suggested that she speak 

with the inspector as well. R. FLORES told Inspector Gonzalez S. GREGSON was expecting 

him after he finished interviewing them (R. FLORES and T. PETERSEN). Inspector Gonzalez 

7

took soil samples from the biggest horse corral area at this time and then proceeded to S. 

 

. 

At 12:00 pm on July 13, 2012, Inspector Gonzalez then interviewed S. GREGSON. S. 

GREGSON explained to Inspector Gonzalez what has been happening to her and her family. 

She said she, her husband and her daughter have not been feeling well the last couple of months. 

S. GREGSON said her four year old granddaughter is the only one in their home that has been 

fine. She said, that the last couple of months all three adults have experienced sinus problems 

and fatigue. She expressed concern for her 4 year old granddaughter. She said her husband has 

been hospitalized and that she went to the emergency room and was diagnosed with pneumonia. 

S. GREGSON said she never even thought that the symptoms might be pesticide related until T. 

PETERSEN had spoken to them about their own (T. P and R. F 

symptoms. S. GREGSON said T. PETERSEN told her that she had it too. S. GREGSON said 

that they have lived there for 40 years and have never experienced these types of health 

problems. S. GREGSON told Inspector Gonzalez that she still has not mentioned anything about 

pesticides to her doctor and that she wanted her doctor to tell her what is wrong through a series 

of blood tests. 

On July 16, 2012, Inspector Lux was asked to assist Inspector Gonzalez with his investigation, as 

he would be on leave. 

At 8:00 am, Inspectors Lux and Gonzalez went to R.F and T. P house to 

introduce Inspector Lux and speak with them. When they arrived at the R. FLORES/T. 

PETERSEN home one of their neighbors, R.WALL, met Inspectors Lux and Gonzalez outside. 

R. WALL began to express his concerns regarding what was happening. His main concern is 

what is being applied behind his home because he has triplets that are three years old. His wife, 

M. WALL, came outside and explained that one day she came out of her house and smelled a 

 

(M. WALL did not provide them with a date as to when this occurred.) She said 

she quickly put her hand up to her mouth and nose, whereas not to breathe, and went back into 

her house. M. WALL expressed her concern for her children and the pesticides being sprayed 

behind their home. Inspector Lux explained to R. and M. WALL that they were there to 

investigate what was going on around the neighborhood and with Marz Farms. Inspector 

Gonzalez and Lux told R. and M. WALL they were on their way to talk to R. FLORES and T. 

PETERSEN and would keep them posted. 

At 8:15 am Inspector Lux and Gonzalez met with R. FLORES and T. PETERSEN. R. FLORES 

and T. PETERSEN explained what had been going on between them and Marz Farms. They 

spoke of the same incidents they had shared with Inspector Gonzalez on July 13, 2012. T. 

PETERSEN and R. FLORES also related that they thought there had been significant pesticide 

drift onto their property. R. FLORES took Inspectors Gonzalez and Lux to their garden located 

8

in the backyard to show them a Chinese cucumber plant they thought had pesticide drift from 

Marz Farms applications. Inspectors Gonzalez and Lux observed that the Chinese cucumber 

plant did show signs of damage or die back on the leaves. Inspector Lux took three leaf samples 

of the Chinese cucumber plant. The Chinese cucumber plant was located in R. FLORES/T. 

garden east of the chicken coops and towards the middle of the garden. 

Inspectors Lux and Gonzalez observed that the Chinese cucumber plant showed spotted 

symptoms on the leaves. Inspectors Lux and Gonzalez observed the surrounding plants and saw 

no signs of damage on them. There appeared to be no signs of drift or a pesticide misapplication. 

Inspector Lux and Gonzalez returned to the office and after some discussion, Deputy Wong 

asked Inspector Gonzalez to take the leaf samples to the University of California Cooperative 

Extension, located in Ventura, to have the leaves examined. Inspector Gonzalez took the 

Chinese cucumber plant samples to Oleg Daugovish, Farm Advisor, at the University of 

California Cooperative Extension. The leaf samples were left for UC Advisor O. Daugovish to 

determine whether the damage was pest related or pesticide related. Deputy Wong contacted A. 

Elhawary, Enforcement Branch Liaison (EBL) with the Department of Pesticide Regulation 

(DPR), Southern Region Office (SRO) about the leaf samples and let him know the course of 

action based on observations by Inspectors Gonzalez and Lux. Later that day, UC Advisor O. 

Daugovish sent Inspector Gonzalez an email of the analysis of the Chinese cucumber leaves, 

which said that the symptoms on the leaves were most likely a bacterial angular leaf spot. There 

were also leaf hoppers on the leaves, so there was a chance for virus transition as well. He 

believed the damage was pest related. (Appx 7, Email from UC Advisor O. Daugovish) 

On July 17, 2012 at 8:00 am, Inspectors Lux and Gonzalez went out to R. FLORES and T. 

P house to take distance measurements from Marz Farms to R. FLORES and 

P garden. R. FLORES and T. PETERSEN told Inspectors Lux and Gonzalez that 

their Chinese cucumber plant was showing pesticide damage from the herbicide application on 

June 20, 2012 on site 53E (formerly 53A). They also told Inspectors Lux and Gonzalez that their 

symptoms seemed to be getting worse. T. PETERSEN and R. FLORES explained that the times 

when the odors were the worst was around 4:00 am and late at night. R. FLORES, Inspectors 

Lux and Gonzalez walked around in the front of yard and then went around to the backyard. 

Inspector Lux asked R. FLORES if they use any kind of pesticides in their own yard. R. 

FLORES stated that he uses Round Up and a fertilizer for their roses that had some sort of 

pesticide in it. R. FLORES could not tell Inspector Lux what type of pesticide was in the 

fertilizer. She asked R. FLORES if they could see where he stores these pesticides and he 

replied that there was no more. Inspector Gonzalez informed R. FLORES that the UC Advisor 

had examined the leaf samples and determined that the damage was most likely bacterial angular 

leaf spot and possible virus transition due to leaf hoppers, which were also detected on the 

leaves. 

9

At 1:00 pm, Supervisor Calderwood went back with Inspectors Lux and Gonzalez to meet with 

R. FLORES and T. PETERSEN and to look at the location of the residence in relation to the 

Marz Farms site. R. FLORES and T. PETERSEN again related all the incidents regarding Marz 

Farms. Inspector Lux gave R. FLORES and T. PETERSEN medical release forms for them to 

fill out and they said they would send them to Inspectors Lux and Gonzalez. R. FLORES said 

 

pesticides drifting into their horse corral. 

July 18, 2012, Inspector Lux received a phone complaint from T. PETERSEN about pesticide 

applications and symptoms (See Appx 8, 

 

) 

Later on July 18, 2012, Inspector Lux and Supervisor Calderwood met with D. Martinez, Chief 

Financial Officer for Marz Farms. Supervisor Calderwood spoke with D. Martinez about the 

importance of being a good neighbor and also about the statements D. Martinez had made to the 

residents about using organic products, when they actually had not. Supervisor Calderwood 

explained that there had been a complaint of possible drift; and that the VCAC would need 

various records from Marz Farms regarding their pesticide applications near the residences. D. 

Martinez said he would provide Supervisor Calderwood with the records. 

July 20, 2012, Inspector Lux received (via phone) an odor complaint from R. FLORES who also 

asked for information of whether any pesticide applications had occurred behind their home. 

(Appx 8, 

Pe 

) 

On July 20, 2012, Inspector Lux received another call from T. PETERSEN complaining of 

symptoms. T. PETERSEN was informed there had been no applications directly behind their 

home. (Appx 8, 

sticide 

On July 20, 2012, Supervising Inspector Calderwood contacted DPR-SRO EBL A. Elhawary, 

about sampling (Appx 9, Email from Supervising Inspector Calderwood on 7/20/12). Inspector 

Lux was instructed by Deputy Wong to obtain records from Marz Farms regarding the various 

applications referenced by R. FLORES and T. PETERSEN. DPR-SRO EBL A. Elhawary spoke 

with Deputy Wong about the situation and possibility of sampling. Due to the different 

applications referenced, more specific information was needed from Marz Farms regarding what 

products were used, and locations and dates of applications. This information would be used to 

determine what pesticides could be detected. 

On July 23, 2012 at 12:30 pm, T. PETERSEN called Inspector Lux to tell her that she could taste 

a metallic taste in her mouth. She said that over the weekend she noticed that one of her horses 

was breathing differently. She said that she had the vet come out to check on her horse 

(Veterinary visit July 21, 2012). She said that she would email Inspector Lux the information 

10

about the weekend. T. PETERSEN also said that the vet said he tasted something in his mouth 

too. She wanted to know if something had been sprayed over the weekend. Inspector Lux told 

her she would find out and contact her. 

(Appx 8 ). Later 

in the day, T. 

PETERSEN sent Inspector Lux information from the vet visit for their horse, which was a writeup 

of what she said the vet had told her. R. FLORES also sent Inspector Lux pictures that they 

had taken of an application behind their home (Appx 10, Pictures and email from R. FLORES on 

7/23/12.) Inspector Lux received some of the pesticide records requested from Marz Farms and 

contacted them to provide the rest of the information. 

On July 24, 2012, the VCAC staff (Deputy Wong, Inspectors Lux and E.-Pratt) and Marz Farms 

(R. Martinez, D. Martinez, E. Gaxiola and E. Garita) met to discuss what Marz Farms could 

possibly do to address neighbors concerns and be a good neighbor. Marz Farms was also asked 

to bring their application-specific information and pesticide use reports (PURs) to the meeting 

for the months of June and July 2012. Marz Farms voluntarily offered to do the following: use 

organic pesticides in areas within 300 feet of the homes, break out easily identifiable blocks near 

residences, and to treat these blocks by hand or drip application. They also offered to notify 

residents of applications, plant a hedge row, and reiterated that they already agreed to install 

shorter hoop houses. The VCAC staff said they would monitor applications closest to the 

residents as much as possible. 

During the meeting, Marz Farms was asked how they log their applications to comply with 

regulations regarding application-specific information. They were asked if they log start 

dates/times or if they log completion dates/times. E. Garita said that the application specific 

information listed start dates of applications but did not list the completion date and time. Marz 

Farms was informed that they need to log completion dates/times and this needs to be corrected 

immediately. This explained why some of the applications initially did not correspond to exact 

information given to the VCAC staff. Also, it was 

brought to Marz Farms attention that complainants had indicated that there was an application on 

June 29 and 30, 2012. E. Garita said that there had been a sulfur application. The VCAC staff 

asked about records for this application and Marz Farms was unable to produce any records. E. 

Gaxiola said that he forgot to do the application-specific information form and therefore no PUR 

was generated for the job. E. Gaxiola explained that he issues the application-specific 

information form as a type of work order and then E. Garita completes it and turns it in to him 

(E. Gaxiola) so that a PUR can be generated; but there was no documentation for the sulfur 

application. [E. Gaxiola submitted a PUR (late) to Inspector Lux, after July 10, 2012.] This is a 

violation of California Code of Regulations (CCR) 6626(a), not submitting a PUR to the VCAC 

by the 10 th of the following month (was due by July 10 th , 2012) and CCR 6723.1, no applicationspecific 

information for handlers was done at this time as admitted by E. Gaxiola. 

11

[The VCAC determined that an application began on the southwest corner of site 53E (formerly 

53A) in area 12, sub-blocks L-1 to L-3 and K-1 to K-3 (See Appx 11, Application-specific 

Mustang/Nu Film application, See Appx 12, Map of Areas & Sub-blocks) on June 20, 2012 at 

2:30 pm and was completed on June 21, 2012 (See Appx 13, PUR for Mustang/Nu Film 

application). The products used were Mustang Insecticide (EPA # 279-3126-ZB) and Miller Nu 

Film P (CA Reg# 72-50022) (See Appx 14, Mustang and Nu Film Labels). This application was 

286 feet west of T. P and R. FLORES 

(See Appx 15, Map of treatment 

area Mustang application).] 

[The VCAC also determined that an application of Dusting Sulfur (EPA# 2935-48-71058) 

occurred on June 29, 2012, at approximately 5:00 pm. The application was completed over two 

days, June 29 and 30, 2012.(See Appx 16, Dusting Sulfur label, Appx 17, PUR & Application 

Specific for Dusting Sulfur application, Appx 18, Map of treatment area Dusting Sulfur 

application).] 

[The VCAC also determined that an application of Golden Pest Spray Oil (EPA# 57538-11), 

Savey 50 D F (EPA# 10163-250), Pristine (EPA# 7969-199), and Miller Nu Film P (Ca Reg# 72- 

50022) was done over two days July 9 and 10, 2012. (See Appx 19, PUR for Golden Pest Spray 

Oil/Savey 50D F/Pristine/Nu Film; See Appx 20, Application-specific for July 9 and 10, 2012 

application; See Appx 21, Golden Pest Spray Oil, Savey 50D F, Pristine labels; Appx 22, Map of 

treatment area July 9 and 10, 2012 treatment area).] 

The applications on June 21 and July 10, 2012 resulted in a violation of CCR 6624 (b)(1) and 

CCR 6624 (c)(2). Regulations require that the completion date and time be included on the PUR. 

On July 26, 2012, Deputy Wong asked Inspector Lux to contact R. FLORES and T. PETERSEN 

to set up another meeting in order to see if she could address their questions and concerns. 

On July 27, 2012, at 9:00 am, Deputy Wong and Inspector Lux met with R. FLORES and T. 

PETERSEN. R. FLORES and T. PETERSEN also had invited their neighbors R. and M. WALL 

to participate. R. FLORES and T. PETERSEN recounted to Deputy Wong what they had been 

experiencing and what they felt was happening to them and their neighbors; that they were being 

drifted upon and continuously exposed post-application. R. FLORES said that Marz Farms 

sprays around 5:00-8:00pm in the evening when winds are blowing away from the residential 

properties, the odors occur the next morning. Both R. FLORES and T. PETERSEN referenced 

applications from June 21, 29 & 30, 2012. Deputy Wong informed R. FLORES and T. 

PETERSEN that the application on June 21 st was a product called Mustang and that application 

on June 29 and 30, 2012 was Dusting Sulfur. R. FLORES did not mention the application from 

July 10, 2012, or indicate that he felt his symptoms may be from this particular application. R. 

FLORES said they are wearing respirators inside their house and outside at times (half-face 

12

organic vapor filtering masks). R. FLORES and T. PETERSEN were given another set of 

medical release forms by Inspector Lux and Deputy Wong. 

Deputy Wong asked R. FLORES and T. PETERSEN what they wanted to see happen to address 

their concerns. T. PETERSEN stated that she thinks only organic materials should be applied 

behind the residences and also further down the neighborhood to Palamino Circle as well. T. 

PETERSEN said that the - 

between the homes and the grower of 

require spraying in that area. T. PETERSEN also suggested that Marz Farms plant blueberries in 

that area since they did not require spraying. 

R. WALL expressed his concern for his children and not being able to let them outside because 

they might get sick. R. WALL thinks that drift is happening and he talked about how two people 

have been diagnosed with pne dying. R. WALL had the 

following questions: 

Is this a pesticide Mr. Martinez would spray in his own yard and then let his children go 

outside to play? 

Who grants permits to growers? 

Was the Agriculture Department aware of the proximity between Marz Farms and the 

residents? 

When getting a permit, did the growers disclose how close they are to residents? 

Are these organic products toxic? 

Is it standard that the applicators wear full PPE for organic pesticides? 

questions to the best of her ability. She also 

attempted to explain the following: 

How suspected pesticide exposures are tracked and documented. 

If a doctor suspects an illness is related to pesticide exposure, then he/she is required to 

report it, which generates a report. This report is referred to the County Agricultural 

Commissioner. 

 

asks for medical release forms because 

they are not doctors and rely on information provided in medical records to determine if 

it is probable that an exposure occurred. 

The difference between restricted materials and general use materials. 

When an Agricultural Commissioner can condition an application of a pesticide product 

and when he/she cannot. 

Where the Agricultural Commissioner has jurisdiction and where he/she does not. 

Regulations regarding substantial drift onto non-target areas. 

13

R. WALL did not seem satisfied with any of the answers given to them. M. WALL said she is, 

tired of hearing about organic pesticides and just wants to know if her children are going to be 

safe, organic or not. There was a lot of discussion as to what R. FLORES, T. PETERSEN and 

R. and M. WALL feel the VCAC should require of Marz Farms. They did not accept/allow that 

the jurisdiction of the Agricultural Commissioner is limited depending on the material used. 

R. FLORES, T. PETERSEN, and M. WALL all said they have tasted a metallic taste in their 

mouths. T. PETERSEN said she went to her doctors on July 26, 2012. She said she told her 

primary doctor her symptoms and asked why are these symptoms persisting? T. PETERSEN 

stated that her doctor said that it is possible the pesticides are not soluble and that pesticides are 

now in my fat cells. T. PETERSEN also stated that he could treat me with steroids, but I 

cannot be treated with steroids because I have leukemia. T. PETERSEN also stated that when 

Supervising Inspector Calderwood was at their house, he had also tasted a bitter metallic taste. 

Deputy Wong said she would ask Supervising Inspector Calderwood about it. [Supervising 

Inspector Calderwood was asked about this and he said that he did not say anything like this and 

did not experience a bitter metallic taste.] 

R. WALL stated that he is not happy with the VCAC and said that the County has chosen not to 

do anything for the residents and the health of his children. M. WALL said next Saturday they 

are having a birthday party for their children and things need to be cleared up and no pesticides 

sprayed before or on the day of the party. Deputy Wong tried to assure everyone that the VCAC 

staff is doing what they can to resolve/answer things. R. and M. WALL were also concerned 

that Deputy Wong had not been informed of their complaints and she explained that we would 

document them as complainants. T. PETERSEN gave us a copy of her timeline of events from 

June 21, 2012 up to July 26, 2012 (Appx 23, T. PETERSEN Timeline). Deputy Wong again 

explained to them that we are working with Marz Farms to see what they are willing to do to 

address concerns 

limited. 

Deputy Wong, Inspector Lux, R. FLORES and T. PETERSEN then proceeded into R. FLORES 

and 

so that Deputy Wong could see the proximity of the 

residence in relation to Marz Farms. 

contacted Marz Farms, J.J. Perez, to tell them about an application in which their applicator was 

driving into his own mist and that he thought they should start from the other direction. He said 

that J.J. Perez told him that his person was wearing a respirator. R. FLORES said that the next 

day he came out to watch and that they were applying from the other direction. R. FLORES also 

commented that he called and told J.J. Perez that they had done a good application, but then 30 

minutes later they got hit with the odors. He said he contacted J.J. Perez the next morning to tell 

him about the odor. Deputy Wong and Inspector Lux left about 12:00 noon. 

14

On July 27, 2012, at 12:30 pm, before Deputy Wong and Inspector Lux returned to the office, R. 

FLORES contacted the VCAC and left a message for someone to call him. Inspector Lux 

contacted him at 12:45 

bad odor and it has affected T. PETERSEN. He told Inspector Lux that T. PETERSEN said that 

her lungs and heart hurt see if anything had 

been applied. At 12:49 pm Inspector Lux received an email from T. PETERSEN asking to find 

out if Marz Farms had applied pesticides today. She said that she went outside after Inspector 

Lux and Deputy Wong left, 

smell and a bitter taste in her mouth. At 

1:26 pm Inspector Lux contacted Marz Farms and asked if they had been applying anything and 

was told they were applying to Block 53 B, over 1400 feet from residences (Appx 8, See 

 

sticide Drift/Odor 

). She then contacted R. FLORES to let him 

and T. PETERSEN know about the application. At 1:47 pm R. FLORES contacted Inspector Lux 

and said that he had to wear his respirator inside his home and can still smell the odor. He told 

Inspector Lux that T. PETERSEN was not feeling well; Inspector Lux suggested he take her to 

the doctor. R. FLORES told Inspector Lux that T. PETERSEN did not want to go. 

Deputy Wong contacted DPR-SRO and spoke with the DPRSRO Supervisor, J. Motakef, to ask 

about sampling. All samples must have prior approval from the DPR. Deputy Wong explained 

that R. FLORES and T. PETERSEN have continued to complain about ongoing symptoms. It 

was decided that the VCAC Inspectors could sample. Deputy Wong also asked about possible air 

monitoring. DPR-SRO Supervisor J. Motakef said that DPR probably could not do individual air 

monitoring of a site, and 

 

initial response to air monitoring. Residents then requested from the VCAC, that a written 

request be sent to DPR for air monitoring. Deputy Wong sent a written request to DPR on 

September 21, 2012 (Appx 48, Written Request for Air Monitoring). Deputy Wong spoke with 

DPR on September 27, 2012. It was discussed that standard operating procedure is to perform a 

gradient sample for indication of drift and that air monitoring is not typically used for this 

purpose. Also discussed was that due to resources DPR is not able to do individualized air 

monitoring. DPR advised that gradient (pesticide deposition) sampling would provide a better 

indication of drift.] 

On July 27, 2012, at 3:30-5:30 pm, Deputy Wong, Inspector E-Pratt, and Inspector Lux returned 

to R. FLORES and T. P to take samples. Deputy Wong had R. FLORES point out 

where they thought drift had occurred. R. FLORES pointed out the areas that had the strongest 

odors. R. FLORES also asked Inspectors Lux, E-Pratt and Deputy Wong if they could smell or 

taste the odors in one of the areas he showed them (near the kitchen and rose garden); nobody 

detected anything or had any bitter metallic taste. Samples were taken from east moving 

northwest towards Marz Farms property. Samples were taken from the kitchen window (swab), 

Wisteria bush (foliage), Privet tree (foliage), metal trash can used as storage/not moved (swab), 

and also a metal horse feeder (swab) closest to the Marz Farms property. (A control swab sample 

15

was taken prior to entering the R. FLORES/T.PETERSEN property.) While Inspectors 

conducted the sampling, R. FLORES asked Deputy Wong about soil samples from the horse 

corral. Based on earlier comments from the morning visit to the property, Deputy Wong said she 

remembered T. PETERSEN saying that she rakes the horse corral 4 times per day. Deputy Wong 

explained that this means that the sample area is disturbed and possibly cross contaminated if the 

rake was used elsewhere. She explained that we could not use the soil samples. Deputy Wong 

also asked R. FLORES what pesticides he uses on his property, in order to rule out any possible 

cross-contamination. R. FLORES said that he uses Roundup. Deputy Wong also explained to R. 

FLORES and T. PETERSEN that no samples could be taken for sulfur since sulfur is also a 

naturally occurring element. She explained that they would be talking with DPR to find what (if 

any) products could be detected. 

On July 30, 2012, Deputy Wong received a call from R. FLORES. He said that he thought on 

July 28, 2012, that Marz Farms had put something in the water because he had an oily metallic 

taste and then later had small sores in his mouth which he treated with Chloraseptic and aspirin. 

He said he had been inside his house all day on Saturday and in the evening had opened the 

windows. He said the odors started around 2:00-3:00 am. R. FLORES said that T. PETERSEN 

had indicated standing up to breath was easier than lying down. R. FLORES said that he slept 

wearing his respirator. R. FLORES said that Sunday July 29, 2012, there was only a slight citrus 

smell and they did not find anything 

PETERSEN was refusing to sleep upstairs. (Appx 8, See sticide 

 

). 

Deputy Wong contacted DPR-SRO and spoke with EBL A. Elhawary and Supervisor J. Motakef 

about the samples and what could be analyzed for. It was decided that based on when the PIRs 

were received and dates of applications, and product half-lives; that the samples would be tested 

for Cypermethrin (Mustang Insecticide, EPA Reg# 279-3126) to address T. 

claims, and for Hexythiazox (Savey 50 DF, EPA Reg# 10163-250) to address 

claims. The Savey 50DF application was temporally and spatially closest to the episode 

involving R. FLORES. No samples were run for the Dusting Sulfur application June 29 & 30, 

2012 since sulfur is a naturally occurring element and the source may not be able to be 

determined. The samples were prepared and sent to the California Department of Food and 

Agriculture Center for Analytical Chemistry in Sacramento on July 30, 2012. (Appx 24, Sample 

Analysis Forms, Map Diagram and Shipping Form.) 

The VCAC staff continued to receive complaints from R. FLORES and T. PETERSEN almost 

daily. (Appx 8, 

.) For the corresponding 

emails of complaints from complainants, please refer to Appx 25, Complaint Emails. 

16

Due to the volume of complaints, the VCAC staff monitored for odors during the month of 

August 2012, to see if VCAC staff could detect anything. R. FLORES had indicated that odors 

were the strongest most of the time in the mornings. Please refer to Appx 26, 

Odor Monitoring . Inspectors from the VCAC office were there on a daily basis (including 

weekends) for one month to see if they could detect any odors none were detected by any of 

the Inspectors. This was done by the Inspector 

property to sniff for any odors. Also, because the VCAC office had been receiving complaints, 

all applications within 300 feet behind the residences were monitored (and some applications 

farther away as well). A couple of Pesticide Use Monitoring Inspections were also conducted 

during the applications near residences no non-compliances were found. (Appx 27, Pesticide 

Use Monitoring Inspections from August 2 & 18, 2012, Monitored Inspections) 

Pictures via email, from R. FLORES and T. PETERSEN were received by Chief Deputy Martel 

on 7/3/12 (Appx 2, Pictures emailed from T. PETERSEN 7/3/12) and Inspector Lux on 7/23/12 

(Appx 10, Pictures emailed from R. FLORES on 7/23/12). Also sent via email was a video that 

Inspector Lux was unable to open. Deputy Wong and Inspector Lux were able to view the video 

on R. FLORES cell phone when visiting on the morning of July 27, 2012. The pictures show a 

water dish with a possible film on it; the water from this dish was disposed of by T. PETERSEN 

at the time (she said the water dish picture is from the June 21, 2012 application/per email from 

T. PETERSEN 7/3/12 and R. FLORES on 7/23/12). VCAC staff was unable to collect the water. 

Regarding the water dish picture, under properties and then details (tab) from the water dish 

picture sent to Inspector Lux and Chief Deputy Martel, the date the picture was taken shows June 

15, 2012 (Appx 28, Water Dish picture details). The last application prior to June 15, 2012 was 

several days prior on June 9, 2012. Based on the date the water dish picture was taken (June 15, 

2012) and lack of samples; Inspectors Lux and Gonzalez were unable to determine if this was a 

pesticide misapplication. The other pictures sent show Marz applicators doing an 

application using hand held equipment inside the (Marz Farms) planted field area. Based on T. 

and emails from 7/3/12 and 7/23/12 to the CAC staff investigating 

these incidents, Marz Farms information/records of application locations and properties and 

details per picture, the application pictures are the Dusting Sulfur application on June 30, 2012. 

The pictures show the applicators spraying into the planted field area and not directly along the 

fence line (one of the complaints from T. PETERSEN and R. FLORES). The picture also shows 

that there are no plants planted along the fence line and there would be no need/reason for 

applicators to treat metal railing/chain link. Also by 

and R. FLORES own 

statements; they said this was a good application and that the applications were conducted when 

the wind blows away from the residential properties. R. FLORES also commented to Inspector 

Gonzalez and Deputy Wong that he contacted Supervisor J.J. Perez to let him know that Marz 

Farms had done a good job. T. PETERSEN stated that she did not see drift. Both R. FLORES 

and T. PETERSEN indicated in their statements that there were strong odors about 30 minutes 

after the sulfur application. 

17

On July 23, 2012, T. PETERSEN informed Inspector Lux that their attending Veterinarian, Dr. 

David Cox, DVM, also had tasted something when making a call to their home on July 21, 2012. 

Inspector Lux attempted to contact Dr. Cox on August 27, 2012 and left a message. Dr. Cox left 

s call. On September 17, 2012, 

s office to speak with him; she has not received any further 

return call or information. 

 

Appx 23 

timeline.) 

On August 10, 2012, the VCAC was notified by one of the neighbors that the County Fire 

Department had been called to the R. FLORES and T. PETERSEN residence on August 8, 2012 

regarding odors. Inspector Lux contacted the Custodian of Records and obtained a copy of the 

incident report. (Appx 29, Ventura County Fire Department Incident Report #120046237) The 

report noted the alarm time as 8:29 pm, arrival time as 8:37 pm and duration of the call as 

00:34:03 minutes; none of the three firefighters detected odors inside or outside the home. 

On August 13, 2012, Deputy Wong spoke with DPR Worker Health & Safety (WH&S) 

(Sacramento, CA) Senior Industrial Hygienist, Harvard Fong, CIH. DPR-WH&S H. Fong was 

in Ventura County doing a project and Deputy Wong contacted him in regard to the situation 

lization/vaporization from 

pesticide applications. Deputy Wong asked DPR-WH&S H. Fong if he could evaluate a list of 

products used by Marz Farms for volatility and he said he would. A list of Marz Farms pesticides 

used was provided to DPR-WH&S H. Fong (Appx 30, Pesticides used by Marz Farms) and he 

was asked to check if any of these volatilize or result in a metallic taste. On August 17, 2012, 

Deputy Wong received a call from DPR-WH&S H. Fong and was informed that of the products 

Marz Farms uses, that Trilogy (active ingredient Neem Oil, EPA #70051-2-ZB) was the only one 

with slight volatility and could also have a bitter taste. [The last application of Trilogy, prior to 

complaints and PIRs, near T. PETERSEN and R. FLORES was on June 5 & 9, 2012 to Block A 

(Later part of Block E). No complaints were received by the CAC regarding this application.] 

Deputy Wong sent a letter to DPR-WH&S on September 21, 2012 requesting an evaluation of 

the volatility/vaporization 

products used on site 53, in a report format. 

This had already been done informally; however, she requested a written format for the 

investigation documentation. A response was received on October 22, 2012 from DPR- WH&S 

H. Fong, saying essentially, that there were no apparent products that stand out in terms of 

volatility. Deputy Wong asked to receive the written format of the information and was provided 

this on October 24, 2012 (Appx 31, Request for Assistance from WH&S, written responses 

about volatility). On February 8, 2013, Deputy Wong contacted DPR-WH&S H. Fong to clarify 

the specific products: Mustang/Cypermethrin no volatility, Savey 50DF/Hexythiazox no 

volatility, and Sulfur no volatility (is a particulate). Also discussed was that, depending on 

18

which reference you use to determine volatility, there may be some variable results of volatility 

(moderate to minimal). 

On August 28, 2012, Deputy Wong received sample results (samples taken on July 27, 2012) 

from DPR-SRO EBL A. Elhawary (Appx 32, Initial sample results received August 28, 2012). 

On September 5, 2012, the CAC staff (Deputy Wong) received results from the CDFA Center 

for Analytical Chemistry-Residue lab, showing a correction to sample R12C00261 (Appx 33, 

Sample result correction 9/5/12). The correction shows the Cypermethrin detection amount as 

0.02ppm and is corrected to be 0.04ppm. During the week of September 10 th , 2012, Deputy 

Wong received the completed originals of the Investigative Sample Analysis Report forms, 

which also indicated the correction to sample R12C00261 (Appx 34, Completed originals of the 

Investigative Sample Analysis Reports forms). The sample results show the following: 

Sample/Lab No. Sample ID Hexythiazox Cypermethrin 

R12C00259 Control #0 (swab) None None 

R12C00260 Kitchen Window #1 (swab) None None 

R12C00261 Wisteria bush #2 (foliage) None 0.04ppm 

R12C00262 Privet tree #3 (foliage) None 0.02ppm 

R12C00263 Metal Trash Can #4 (swab) None 0.06ppm 

R12C00264 Metal Horse Feeder #5 (swab) None None 

The distance between the samples taken and Marz Farms property are as follows (Appx 35, 

Sampling Diagram Map): 

Sample ID Distance 

Control #0 Not applicable 

Kitchen Window #1 111 feet 

Wisteria bush #2 82 feet 

Privet tree #3 103 feet 

Metal Trash Can #4 104 feet 

Metal Horse Feeder #5 41 feet 

The sample closest to the Marz Farms site is the Metal Horse Feeder (41 feet), which shows 

 

The Wisteria bush, Privet tree and metal 

 

The kitchen window 

and control samples 

The samples that tested positive for Cypermethrin are adjacent (along south side) to the largest 

horse corral, which is also where a couple of the horses are fed at the southeast corner near the 

Wisteria bush and Privet tree. Also in the area directly across (south) from the middle of the 

19

corral is an area where there are chickens, a pigeon coop and a goat, as well as the garden area. 

The active ingredient, Cypermethrin, is found in many pesticide products including: home use 

products (readily available over the counter) for lawn and garden, indoor foggers, ant and roach 

sprays, perimeter treatments, wasp and hornet, and for use on livestock for fly control (horses, 

goats, etc) and comes in dust, aerosol or liquid formulations. If drift occurred, it would be likely 

the sample taken closest to Marz Farms (Sample R12C00264, metal horse feeder) would be 

positive for a pesticide residue. 

On September 14, 2012, Inspector Lux went to R. F and T. P house to ask 

them what type of pesticides they use on their own property as further follow-up (to check for 

possible cross-contamination), since, R. FLORES had said previously he could not remember. 

R. FLORES/T. les were in the driveway when Inspector Lux arrived. 

Inspector Lux knocked three times and R. FLORES and T. PETERSEN did not answer the door. 

Inspector Lux then went next door to S. G house to ask what type of pesticides they 

use on their property. S. GREGSON started to tell Inspector Lux the incidences that have 

happened around her house, with the neighbors of La Cumbre Rd, and Marz Farms again. She 

explained again the health issues that had been happening to her, her husband, and her daughter. 

She said that she and her husband thought that maybe it was something in their house that had 

caused some health problems until S. GREGSON talked to T. PETERSEN. S. GREGSON said 

she started to think that maybe some of their symptoms may be pesticide related because she and 

 

GREGSON 

sometimes, because the issue is talked about amongst the neighbors so much. Inspector Lux told 

S. GREGSON that she was there because she needed to find out what types of pesticides are 

used around their home, if any. Inspector Lux also told her that she had just come from R. 

F and T. PETERSEN , and that she needed to ask them the same questions. 

Inspector Lux told S. GREGSON that they did not answer the door. S. GREGSON said that they 

were home and that she would call them to tell them that Inspector Lux was there to ask a few 

questions. S. GREGSON left a message with T. PETERSEN because she did not answer. After 

a few minutes later, S. GREGSON received a call back from R. FLORES and S. GREGSON told 

him that Inspector Lux was there at her house and had a few questions to ask him. R. FLORES 

told S. GREGSON that he did not want to talk to Inspector Lux and that if she had anything to 

talk about that she needed to talk to the WALLS. Inspector Lux asked S. GREGSON what kind 

of pesticides are used around their ) home or if they have a gardener that may 

use some. S. GREGSON said that her husband uses Round-up, but not that much. She told 

Inspector Lux that she has the pest control business, Western Exterminators, come out almost 

once a month to spray around their home for spiders and ants. She said Western Exterminators 

uses a pesticide with the active ingredient of 2-phenethyl -1 propionate [Note: Some of the 

phenethyl propionate products also have Cypermethrin as a second active ingredient.]. 

Inspector Lux noted that, about five minutes after S. GREGSON had talked to R. FLORES then 

20

R. WALL came over to S. G house. R. WALL said he had seen car 

and came over to see what was going on. S. GREGSON said that Chief Deputy Martel told her 

that he was going to look into air monitoring from the State. S. GREGSON also asked if it was 

 

On October 8, 2012 at 1:10 pm, Inspectors E.-Pratt and Gonzalez met with Marz Farms 

pesticide applicators to conduct interviews. They introduced themselves and explained why they 

were there. 

At 1:20 pm, they interviewed pesticide Applicator M. Vargas. Applicator M. Vargas said their 

applications are conducted using hand held equipment and when they spray closer to the 

residences they will start spraying six feet into the row of blackberries to prevent drifting into the 

property (residential). He said they spray late in the afternoons when winds tend to be calm or 

very little wind. According to him, if winds pick up Marz Farms does not allow for applications 

to begin or if applications are already in progress, they will stop application. Both, E. Garita and 

I. Sandoval, Supervisors for Marz Farms, monitor weather conditions and will notify applicators 

if they need to stop spraying. When asked about pesticide applications for June 21, 2012, 

Applicator M. Vargas remembers they had sprayed on two blocks without hoop houses, after the 

first set of blocks with hoop houses starting from west to east. He does not remember seeing any 

people outside the residences while they were spraying. He said that if there is anyone outside or 

near the pesticide application, the application will be stopped. During applications Supervisor E. 

Garita is physically present to monitor applicators and weather conditions. Applicator M. Vargas 

said he receives pesticide handling training every month from Supervisor E. Garita. He said he 

wears personal protective equipment for all applications which is a requirement of Marz Farms 

even though a label may require less. Personal protective equipment used: half face respirator, 

safety glasses, rubber gloves, working boots, and coveralls. Upon further questions to clarify if 

Applicator M. Vargas could remember anything else about the application that was conducted on 

the uncovered berries, he said the application smelled sweet and minty, and that they had 

included something in the mix to reduce/suppress the odor from the application. [Based on 

Applicator M. Vargas statements, the application was likely one made on August 1, 2012 and 

monitored by Inspector Balthazor. This is the only application that Marz Farms made using an 

odor mask which Inspector Balthazor also detected as a sweet smell as indicated on the 

Investigation Odor Monitoring for August 2, 2012, Appx 26.)] 

At 1:55 pm, Inspectors E.-Pratt and Gonzalez interviewed Applicator N. De Leon. Applicator N. 

De Leon said they use hand held equipment to conduct their applications on blocks close to 

residences. Applicator N. De Leon does not remember what blocks they sprayed on June 21, 

2012. He said that all blocks were under hoop houses and that they always spray 20 ft into 

blackberry rows from south to north always applying facing away from houses. He said that 

there is hardly any wind during their applications. They are not allowed to spray when wind 

21

conditions are out of control. He said that Supervisor E. Garita is always on site and will ask 

them to stop if such conditions occur. Applicator N. De Leon does not remember seeing anyone 

outside while they were applying pesticides. Applicator N. De Leon receives training every 

month from Marz Farms Food Safety Rep. E. Gaxiola, private applicator for Marz Farms. He 

always wears personal protective equipment for pesticide applications. Personal protective 

equipment used: safety glasses, half face respirator, tyvek coveralls, working boots, and rubber 

gloves. 

At 2:15 pm, Inspectors E.-Pratt and Gonzalez interviewed Applicator J. Marquez. Applicator J. 

Marquez said they use hand held equipment for applications near homes. He said that on June 

21, 2012, application started around 9:00-10:00 am and there were about fifteen to twenty hoop 

houses in place on site 53E (formerly 53A). They conducted a pesticide application inside the 

hoop houses. He said they always spray about twelve to twenty feet into blackberries going from 

south to north, always applying away from houses. He recalls there being no wind on the day of 

application. Applicator J. Marquez said that when winds pick up their supervisor will give orders 

to stop applications. Applicator J. Marquez does not remember seeing people outside while they 

conducted their application. He said that their supervisor gives them instructions when spraying, 

if they see people during applications they need to stop applications or give a 30 foot buffer into 

blackberry rows. Applicator J. Marquez said Supervisor E. Garita always monitors applications 

on site. Applicator J. Marquez receives training every month from Food Safety Rep. E. Gaxiola. 

Personal protective equipment he used: tyvek coveralls, half face respirator, safety glasses, 

working boots, rubber gloves, and three gallons of water for eyewash near site. 

At 2:40 pm, Inspectors E.-Pratt and Gonzalez interviewed Applicator R. Martinez. Applicator R. 

Martinez said he and another applicator, used a small speed sprayer to conduct applications on a 

two day job for June 20 and 21, 2012. He said there were only two of them since it was a small 

job. The other applicator was Applicator E. Gonzalez. Applicator R. Martinez said there were 

only 20 to 25 hoop houses on west section of site 53E. He said they applied Mustang and Nu 

Film P. The application took place on an open area, spraying all the way to the end of the 

eucalyptus trees located on southeast of site. On the second day, he said that people were outside 

taking pictures and video while they were applying pesticide products. According to Applicator 

R. Martinez, they continued spraying as Supervisor E. Garita had said the residents were 

recording and taking pictures because they were the ones who had complained about the possible 

pesticide drift onto their property. On June 21, 2012, they were leaving a 150 ft buffer zone from 

edge of field into the blackberries and used speed sprayers to apply pesticides in the area beyond 

the 150 ft buffer. Within the 150 ft buffer (near residences), they were using hand held 

equipment, spraying from south to north away from the houses. He said that weather conditions 

were good, there was no wind and it was not too hot. Applicator R. Martinez said the application 

was conducted around 3:00 pm inside the hoop houses using hand held equipment before the 

June 20-21, 2012 applications. R. Martinez receives training every month from Supervisor 

22

Garita. Personal protective equipment he used: coveralls, half face respirator, rubber gloves, 

safety glasses and working boots. [Based on the Applicator R. Martinez statement about people 

being outside taking pictures and video and that Supervisor E. Garita had said the residents 

were the ones who had complained (complaint date to Marz Farms by R. FLORES on June 22, 

2012, per R. FLORES statement, which is after the Mustang application occurred); CAC staff 

concluded the open area application was likely the June 29 & 30,2012, application of dusting 

sulfur 

& 21,2012.] 

On October 9, 2012 at 1:15 pm, Inspectors E.-Pratt and Gonzalez met with Supervisor E. Garita 

and Applicator E. Gonzalez, to finish interviewing 

. 

At 1:25 pm, Inspectors E.-Pratt and Gonzalez interviewed Applicator E. Gonzalez and he stated 

the following. He drove the tractor pulling the tank and was also helping apply using hand held 

equipment. He does not recall the name of the product(s) used. He recalls that in the month of 

June, there were only about 20 hoop houses in place in the south section of site 53E (formerly 

53A). Applicator E. Gonzalez said he started the application at around 6:00 pm. He said they 

sprayed under the hoop houses and no application was done on the open blackberry section of 

53E. He said they started their application on the middle access road of site 53E and made their 

way towards the houses. Applicator E. Gonzalez said, as they got closer to the houses, they 

turned the nozzles off at about eight to ten feet from the end of the blackberries. When they 

started a new row, they went in eight to ten feet into the blackberry rows and turned the nozzles 

on to continue spraying. He does not recall seeing anyone outside while they conducted 

applications on June 20-21, 2012 or any other applications. He continued to explain, that if they 

do see people close to the applications they would stop spraying pesticides. Applicator E. 

Gonzalez said that during the two day application the winds were moderate blowing towards 

northeast and if the winds pick up, Supervisor E. Garita would tell them to stop the application. 

Applicator E. Gonzalez said Supervisor E. Garita was on site when the applications were taking 

place. Applicator E. Gonzalez receives pesticide handling training every 15 days from 

Supervisor E. Garita. Personal protective equipment used by Applicator E. Gonzalez: rubber 

gloves, half face respirator, safety glasses, working boots, tyvek coveralls with overhead 

protection, and 3 gallons of water for eyewash, located on site. 

At 1:48 pm, Inspectors E.-Pratt and Gonzalez interviewed Supervisor E. Garita. Supervisor E. 

Garita said they had sprayed Mustang and Nu film P with hand held equipment inside two acres 

of hoop houses. Supervisor E. Garita said that, on later application dates, products like Golden 

Pest Spray Oil and Pyganic Crop Protection EC 5.0 II (EPA# 1021-1772) were applied to the 

uncovered plants, on site 53E (formerly 53A). He said they conducted the Mustang application 

inside the hoop houses by leaving a 50 ft buffer zone, within the buffer zone they sprayed using 

hand held equipment. After the complaints they implemented a 100 ft hand held application 

23

uffer zone on site 53E closest to the houses. Within the 100 ft buffer zone, they spray with 

hand held equipment, spraying from south to north facing away from houses. Outside the 100 ft 

buffer zone, they used a speed sprayer. Supervisor E. Garita said there was no one outside 

during the June 20, 2012 application. After the complaint, while Marz Farms sprays, Supervisor 

E. Garita said, R. FLORES would come outside to take pictures and video. He said, R. FLORES 

would walk to the property line to look at applications, and then he would go to the horse corral 

and sit down to watch applications. Supervisor E. Garita told Inspectors E.-Pratt and Gonzalez, 

that the applicators perform pesticide applications when wind directions are blowing away from 

the residents. He said R. FLORES had placed a flag on his property line to monitor the wind 

direction, which Supervisor E. Garita said; he also used to monitor the wind direction. 

Supervisor E. Garita said before June 21, 2012, there was no flag in place and said no other 

residents had complained about their pesticide applications before June 21, 2012. He said, their 

neighbor adjacent to the southwest corner of site 53E complained about noise. The neighbor 

requested no noise near his house from 6:00 pm to 6:30 am. Supervisor E. Garita said that 

applications on the southwest corner blocks would start at 2:00 pm and applications on the 

uncovered berries of site 53E, would start at 3:00 pm, before they received the complaint. He 

said that after the complaint they changed their practices and now start later and based on wind 

direction. He said that he is responsible for all pesticide applications and he always monitors 

weather conditions prior to applications and during applications. He said he always makes sure 

there is no drift moving off target. Supervisor E. Garita said he is always present on site while 

pesticide applications are occurring and always wears required personal protective equipment 

required by label and by the company when on site. He receives training from Food Safety Rep. 

E. Gaxiola every four to five months or any time a new employee would be trained. Supervisor 

E. Garita also receives training from a third party agency in regard to personal protective 

equipment, respirators, and pesticide handling. Personal protective equipment used by 

Supervisor E. Garita: tyvek coveralls, half face respirator, safety glasses, and rubber gloves. 

[During follow-up questions for Supervisor E. Garita on 2/12/13, he was asked by Inspector 

Gonzalez and E.-Pratt about whether or not a speed sprayer was used for the Mustang 

application on June 20 & 21, 2012. Supervisor E. Garita said that at that time the blackberries 

in the hoop houses at the southwest corner of Block 53E were almost ready to be harvested. He 

said the vines were loose and a speed sprayer would not have been able to get through. He said 

that they did a hand held application. Supervisor E. Garita was also asked if he remembered or 

Marz Farms had records of which applicators had been used during the specific applications. 

He said he would check.] 

[On 2/13/13, Inspectors E.-Pratt and Gonzalez again spoke with Supervisor E. Garita. 

Supervisor E. Garita told them that for the sulfur application he remembered Applicator R. 

Martinez, N. De Leon and J. Garcia (who no longer works for Marz Farms, since prior to the 

interviews on October 5, 2012). Supervisor E. Garita said that for the Mustang application the 

24

Applicators were J. Garcia, R. Martinez, E. Gonzalez, N. De Leon, M. Vargas and A. Mendoza 

(A. Mendoza has been in Mexico prior to interviews and still as of 2/13/13)]. 

T. PETERSEN and R. FLORES have complained about possible pesticides being mixed in with 

 

pector E.-Pratt requested from Marz Farms a list of fertilizers. It was 

explained that this was voluntary, since the VCAC does not have authority over fertilizer use. 

Marz Farms provided a general list to Inspector E.-Pratt. Inspector E.-Pratt also spoke with 

Supervisor E. Garita and asked if Marz Farms mixes pesticides with their fertilizers; Supervisor 

E. Garita said no. Supervisor E. Garita explained that there are two tanks of mixed fertilizers that 

are injected using an electric manifold. He said the fertilizer injections through drip are done at 

regular intervals between 8:30 am-5:30 pm. Inspectors Lux and E.-Pratt were asked to check 

with Marz Farms about whether or not the fertilizers were received pre-mixed or if Marz Farms 

mixed them, themselves. Marz Farms mixes their own fertilizers on site and then the tanks are 

filled throughout the site. Inspector E.-Pratt was asked to obtain further information from E. 

Gaxiola about the copper sulfate product used in their fertilizer mix. E. Gaxiola sent a copper 

sulfate product label he thought Marz Farms was using, but later informed Inspector E.-Pratt that 

it was one they had been considering for another use. The label initially sent, Copper Sulfate 

Granular Crystals, EPA 829-210, by Southern Agricultural Insecticides, Inc. is not registered for 

use in California; this was referred to DPR-SRO EBL A. Elhawary to process for the DPR 

Product Compliance Branch. (Appx 36, Label by Southern Agricultural Insecticides, Inc.) 

Inspector E.-Pratt was asked to check the copper sulfate product that Marz Farms was using by 

checking their fertilizer storage area. Inspector E.-Pratt found two different copper sulfate 

products in the storage. The product being used by Marz Farms was Quimag Quimicos Aguila 

Copper Sulfate Crystals, EPA Reg. 73385-1, (Appx 37, Quimag Quimicos Aguila label) and the 

other product found was Copper Sulfate Crystals by Chem One Ltd., EPA Reg. 56576-1 (Appx 

38, Chem One label). Inspector E.-Pratt researched both labels and found that the Quimag 

Quimicos Aguila Copper Sulfate Crystals are only registered to be used as a pesticide. The 

Copper Sulfate Crystals by Chem One Ltd label allows use as a nutrient, as well as being 

registered as a pesticide. Both copper sulfate labels have the same percentage active ingredient of 

copper sulfate, however only one allows for use as a nutrient. Marz Farms stopped use of the 

Quimag Quimicos Aguila Copper Sulfate Crystals product and is using the Copper Sulfate 

Crystals by Chem One Ltd. Because Marz Farms was using the Quimag Quimicos Aguila 

Copper Sulfate Crystals product as a nutrient, this is a violation of Food and Agricultural Code 

(FAC) 12973, Conflict with labeling. 

On July 27, 2012, T. PETERSEN talked to Inspector Lux and Deputy Wong about the previous 

tenants on the Marz Farms site 53. The tenants were Hines Nursery (formerly Bordiers Nursery). 

 

. 

This conflicts with the information gathered by the VCAC staff which had monitored pesticide 

applications and performed nursery cleanliness inspections at the previous nursery. There was no 

25

the previous Hines/Bordiers Nursery location. The nurseries had placed lower 

maintenance plants in the area near residences to minimize pesticide applications near 

residences. The various V 

our 

days per week monitoring pesticide applications on plant shipments to northern California. 

During the time Hines and Bordiers Nursery were occupying the site, no pesticide complaints 

were received by the VCAC office. 

R. FLORES and T. PETERSEN have been provided medical release forms on several occasions. 

R. FLORES and T. PETERSEN have been asked to provide completed medical release forms 7 

times. The dates that they were asked are: July 17, 2012, July 31, 2012, August 1, 2012, August 

7, 2012, August 17, 2012, October 22, 2012 and December 5, 2012. T. PETERSEN has 

indicated in emails and in interviews, that she has seen her primary physician, a cardiologist, an 

environmental allergist, pulmonary specialist, as well as having been to the ER (per PIR WHS 

2012-569). Per emails and interviews, R. FLORES has been to the ER (per PIR WHS 2012-631) 

and has said he has seen a pulmonary specialist; yet there have been no other PIRs received for 

R. FLORES or T. PETERSEN to date (2/25/13). R. FLORES and T. PETERSEN have made 

statements and sent emails regarding the various doctors their symptoms are related 

to the pesticide applications and repeated exposure. Per California Health and Safety Code 

105200, physicians are required to report a possible pesticide related illness, which eventually 

 

to investigate. No further PIRs have been 

received by the VCAC for R. FLORES and T. PETERSEN. R. FLORES and T. PETERSEN 

have not been cooperative in providing further supporting medical documentation. A response 

received by Inspector Lux, via email, from T. PETERSEN when asked again for medical release 

Regarding my medical documents, Ventura CAC has the PIRs resulting from my 

ER visit on July 4, 2012 and from BOB FLORES' July 11 ER visit. It is my understanding that 

these PIRs were received by Ventura CAC on July 5 (T. PETERSEN) and July 12 (R. FLORES), 

 

(Appx 39, Email from T. 

PETERSEN dated 12/17/12.) 

In order to address concerns from the residents and be a good neighbor, Marz Farms has done the 

following: Marz Farms has switched to using organic pesticides within 300 feet of residences 

(beginning of August 2012), separated out blocks for applications within 300 feet of residences 

on their RMP/OID to more easily identify areas adjacent to the residences (Blocks 53 E, F & H), 

planted a hedge row (about 5-6 ft high) along edge of property line between Marz Farms and 

residences, installed a 6 ft protective plastic barrier behind the hedge row (if wanted by the 

neighbor), created/placed "curtains" on the ends of their hoop houses facing residences - used 

during applications and duration of the restricted entry intervals (REI), offered and provided 

notification of applications to residents wishing to receive notification, and provided VCAC staff 

with notification of applications. All of the notifications are done voluntarily and are not required 

by regulation. The added safety measures implemented by Marz Farms have not lessened T. 

26

on Marz Farms site 53. 

C O N C L USI O N: 

 

exposed to any pesticides based on the following: 

T. PETERSEN stated that Marz Farms has done good applications and applies pesticides 

when the wind is blowing away from residences. 

Sampling from the area around the residence was inconclusive for Cypermethrin and 

negative for Hexythiazox. 

Information from the DPR-WH&S Branch regarding the low volatility and vaporization 

characteristics of Cypermethrin and Hexythiazox. 

Lack of cooperation from the complainants regarding medical records and information 

regarding pesticides used on their property by them. 

Intensive monitoring by VCAC staff of applications done by Marz Farms. 

In regard to the application of Dusting Sulfur on July 29 and 30, 2012, based on both R. 

 

 

if the application resulted in 

exposure to R. FLORES or T. PETERSEN. 

In regard to ongoing claims from T. PETERSEN and R. FLORES of exposure and symptoms, 

there have been no applications to Block 53E since August 2, 2012, which is directly north of 

their home. Other applications on Marz Farms site 53 have been a minimum of 320 feet from the 

T. PETERSEN AND R. FLORES property. Claims of exposure have been consistent regardless 

of whether any application has occurred and regardless of how far away the applications were 

that did occur. At this time the VCAC is unable to determine if there is ongoing pesticide 

exposure to R. FLORES and T. PETERSEN. 

V I O L A T I O NS F O UND: (For full code sections, please refer to Appx 40, Code Sections) 

CCR 6626(a) Failure to turn in PURs by the 10th day of the following month for the June 29 & 

30, 2012 Dusting Sulfur application 

CCR 6623.1 No application-specific information for handlers for the June 29 & 30, 2012 

Dusting Sulfur application 

27

CCR 6624(b)(1), (c)(2) Missing the completion date and time for applications of June 21, 

2012 and July 10, 2012 

CCR 6623(a) Failure to obtain a site identification number prior to use of a pesticide (Block 

53G was not listed on RMP/OID prior to pesticide use) 

FAC 12973 Conflict with labeling for use of the Quimag Quimicos Aguila Copper Sulfate 

Crystals product as a nutrient 

*Marz Farms was initially issued a Notice of Violation for drifting off target (Cypermethrin); 

however, this was rescinded on 2/19/13 due to inconclusive evidence (Appx 41, Rescinded 

Violation Notice). 

Additional Information: 

Appx 42 

itnesses) 

Appx 43, Map of Switch treatment area, from June 4, 2012 application 

Appx 44, Switch label 

Appx 45, Calendar for 2012 (reference for dates) 

Appx 46, Picture of Marz Farms speed sprayer 

Appx 47, All PURs for site 53, June 2012 December 2012 

28

APPE NDI C ES: 

Appx 1 Map showing Marz Farms site 53 prior to complaints (dated 6/1/12) 

Map showing Marz Farms site 53, Block E (formerly A), F and H (dated 9/5/12) 

Appx 2 Email dated 7/3/12 from T. PETERSEN and Pictures (to Chief Deputy Martel) 

[Redacted pursuant to Government Code Section 6254, subd (c).] 

Appx 3 Email dated 7/5/12 from T. PETERSEN (to Chief Deputy Martel) [Redacted 

pursuant to Government Code Section 6254, subd (c).] 

Appx 4 PIR WH&S 2012-569 for T. PETERSEN [Redacted pursuant to Government 

Code Section 6254, subd (c).] 

Appx 5 Product Use Recommendation 

Appx 6 PIR WH&S 2012-631 for R. FLORES [Redacted pursuant to Government Code 

Section 6254, subd (c).] 

Appx 7 Email from UC Advisor O. Daugovish dated 7/16/12 

Appx 8 Complaints of Pesticide Drift/Odor/Vapors (Log) 

Appx 9 Email from Supervising Inspector Calderwood from 7/20/12 

Appx 10 Pictures and email from R. FLORES from 7/23/12 [Redacted pursuant to 

Government Code Section 6254, subd (c).] 

Appx 11 Application Specific Information (Mustang application June 20, 2012) 

Appx 12 Area and Sub-Block Map for Marz Farms Site 53 

Appx 13 PUR (Mustang application June 20, 2012) 

Appx 14 FMC/Mustang Insecticide (EPA# 279-3126-ZB) Label 

Appx 15 Map of Mustang Application from June 20 & 21, 2012 

Appx 16 IAP/Dusting Sulfur Label (EPA# 2935-48-71058) 

Appx 17 PUR and Application Specific Information (Dusting Sulfur application June 29, 

2012) 

Appx 18 Map of Dusting Sulfur Application from June 29 & 30, 2012 

Appx 19 PUR (Pristine, Savey, Golden Pest Spray Oil, Nu Film P application July 9, 

2012) 

29

Appx 20 Application Specific Information (Pristine, Savey, Golden Spray Pest Oil, Nu 

Film P application July 9, 2012) 

Appx 21 Labels: Pristine (EPA#7969-199), Savey 50 DF (EPA#10163-250), Golden Pest 

Spray Oil (EPA# 57538-11) 

Appx 22 Map of Pristine, Savey, Golden Pest Spray Oil, Nu Film P Application from July 

9 & 10, 2012 

Appx 23 T. PETERSEN Timeline [Redacted pursuant to Government Code Section 6254, 

subd (c).] 

Appx 24 Sample Analysis Forms, Map Diagram, Shipping Form [Redacted pursuant to 


Appx 25 Complaint Emails [Redacted pursuant to Government Code Section 6254, subd 

(c).] 

Appx 26 Investigation Odor Monitoring (Log) 

Appx 27 Pesticide Use Monitoring Inspections from August 2 & 18, 2012, Monitored 

Inspections 

Appx 28 Water Dish Pictures details [Redacted pursuant to Government Code Section 

6254, subd (c).] 

Appx 29 Ventura County Fire Department Incident Report #120046237 [Redacted 

pursuant to Government Code Section 6254, subd (c).] 

Appx 30 Pesticides Used by Marz Farms 

Appx 31 Request for Assistance from WH&S, Written responses about volatility 

Appx 32 Initial Sample Results received August 28, 2012 [Redacted pursuant to 


Appx 33 Sample result correction, September 15, 2012 [Redacted pursuant to Government 


Appx 34 Completed originals of the Investigative Sample Analysis Report Forms 

[Redacted pursuant to Government Code Section 6254, subd (c).] 

Appx 35 Sampling Diagram Map 

Appx 36 Label by Southern Agricultural Insecticides, Inc 

Appx 37 Quimag Quimicos Aguila Label 

30

Appx 38 Chem One Label 

Appx 39 Email from T. PETERSEN dated 12/17/12 [Redacted pursuant to Government 


Appx 40 Code Sections 

Appx 41 Rescinded Violation Notice 

Appx 42 [Redacted 

pursuant to Government Code 

Section 6254, subd (c).] 

Appx 43 Map of Switch treatment area, from June 4, 2012 application 

Appx 44 Switch label (EPA# 100-953) 

Appx 45 Calendar for 2012 (reference for dates) 

Appx 46 Picture of Marz Farms speed sprayer 

Appx 47 All PURs for site 53, June 2012 December 2012 

Appx 48 Written Request for Air Monitoring 

Appx 49 Miller/Nu Film (CA Reg# 75-50022) Label 

31

COUNTY: VENTURA WH&S No: 2012-569, 2012-631

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