Caltec AG v. Department of Pesticide RegulationAnnotate this Case
Caltec challenged the Department's final administrative decision determining that three of Caltec's products were pesticides under the Food and Agricultural Code. The products at issue were Greenfeed 27-0-0, Terra Treat, and Kelpak.
The Court of Appeal affirmed and held that substantial evidence supported the finding that Greenfeed 27-0-0, a commercial fertilizer, is also a spray adjuvant; that Terra Treat is a spray adjuvant, and that Kelpak is a plant growth regulator. The court also held that the California Department of Food and Agriculture's prior registration of Terra Treat as an "auxiliary soil and plant substance" and Kelpak as an "organic input material" did not preclude the Department from determining those products were pesticides. Finally, any procedural error was not prejudicial and Caltec failed to demonstrate the hearing officer's treatment of the evidence violated an applicable rule of law.