State Ex Rel. Department of Pesticide Regulation v. Pet Food Express Ltd.

Pet Food Express Limited (PFE) appeals from a trial court’s order compelling it to comply with an investigatory administrative subpoena issued by the State of California’s Department of Pesticide Regulation (the Department), seeking records pursuant to Government Code section 11180 et seq. (Undesignated statutory references are to the Government Code.) We shall deny the Department’s motion to dismiss the appeal, grounded on asserted nonappealability of the order. We shall reject PFE’s contention that the order impermissibly burdens PEE with a duplicative demand on a claim barred by the statute of limitations. Accordingly, we shall affirm the order.

FACTUAL AND PROCEDURAL BACKGROUND

PFE is a chain of pet food/supply stores. PFE bought some flea prevention products made by European drug companies and imported through a British distributor, Abbeyvet, until the Department advised PFE in August 2003 that the foreign-made products were not properly registered under California law (the Food & Agr. Code).

In 2004, in response to a written request by the Department, PFE provided copies of its invoices of purchases of foreign products from Abbeyvet.

In February 2005, the…