Section 12997.5 Of Article 12. Penalties And Injunctive Relief From California Food And Agricultural Code >> Division 7. >> Chapter 2. >> Article 12.
12997.5
. (a) In addition to any penalties paid in connection with
an enforcement action taken pursuant to Sections 12996, 12997, 12999,
and 12999.5, any person who is found in violation of any provision
of this division related to pesticides or any regulation related to
pesticides adopted pursuant to this division that results in illness
or injury requiring emergency medical transport or immediate medical
treatment of any individual in a nonoccupational setting from any
pesticide used in the production of an agricultural commodity, shall
be liable to the individual harmed or to the medical provider for the
immediate costs of uncompensated medical care from acute injuries
and illnesses of the exposed individual.
(b) Any order issued in connection with a finding of a violation
as described in subdivision (a) shall include the obligation to
reimburse medical costs from acute illnesses and injuries of any
individual requiring immediate medical treatment as a consequence of
this violation to the injured individuals or their medical providers.
(c) Any person found in violation of this section shall submit to
the director within 30 days of the final determination of liability,
a written plan on how they will pay individuals and medical providers
for the emergency medical transport and the immediate medical costs
from acute medical injuries and illnesses of all individuals
requiring immediate medical treatment as a consequence of the
violation. A person alleged to have violated subdivision (a) may
voluntarily submit a written plan pursuant to this section prior to
the determination of liability. The contents of the voluntary plan
shall not be held against the person in any action to determine
whether the person violated those provisions.
(d) Any violation of this section shall be subject to the criminal
and civil sanctions and penalties set forth in this division.
(e) Payment of emergency medical costs pursuant to this section
shall not preclude an affected person from filing a civil action for
injuries, illnesses, or costs related to the incident. Any damage
award associated with a civil action related to the incident shall be
reduced by the amount the plaintiff received from this section.
(f) Payment of emergency medical costs pursuant to this section
shall not be held against the person in any action to determine
whether the person violated those provisions.
(g) For any person who provides for the immediate reimbursement of
medical costs for acute medical illnesses and injuries prior to a
final determination by the department, the director or agricultural
commissioner may reduce, by not more than 50 percent, the fines
imposed pursuant to Section 12996.5. This reduction shall not limit
the responsible party's financial obligation under this section. The
department or agricultural commissioner shall attempt to complete the
determination within 45 days of the incident.