Fernandez v. Cal. Dept. Pesticide etc.
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Filed 8/11/08 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION ONE JORGE FERNANDEZ et al., Plaintiffs and Respondents, A114258 v. (San Francisco County Super. Ct. No. CPF-04-504781) CALIFORNIA DEPARTMENT OF PESTICIDE REGULATION, Defendant and Appellant; ORDER MODIFYING OPINION AND DENYING REHEARING [NO CHANGE IN JUDGMENT] CALIFORNIA STRAWBERRY COMMISSION et al., Interveners and Appellants. THE COURT: It is ordered that the opinion filed herein on July 15, 2008, be modified as follows: At the end of the second to last sentence in the only full paragraph on page 21, which reads: The staff analysis does not, however, reflect the actual language of affected statutes, which carried forward existing risk assessment duties and, even under defendants construction of section 12981, expressly requires OEHHA to assess the health risks of pesticides in connection with worker safety, as opposed to pesticide residues in food and water, add as footnote 11 the following footnote, which will require renumbering of all subsequent footnotes: 11 We of course take no position on the relative duties of DPR and OEHHA with respect to the health risks regulated by other statutes. 1 There is no change in judgment. The petitions for rehearing of both respondent and interveners are denied. Dated: August 11, 1008 __________________________ Marchiano, P. J. 2
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