News

PESTICIDE ENFORCEMENT GETS TOUGHER FOR
GOOD REASON

Commentary by Mary-Ann Warmerdam
Director, Department of Pesticide Regulation

The Kern County District Attorney recently filed a civil complaint seeking $105,000 for a pesticide incident in May that injured more than two dozen vineyard workers near Arvin. But the major story behind that case -- and others around the state -- is yet to be told.

Since Gov. Schwarzenegger's administration took office, the Department of Pesticide Regulation (DPR) and its local partners have stepped up efforts to protect farm workers and others threatened by pesticide misuse. As we crack down on violators who do business unfairly, we also support the vast majority of growers and applicators who play by the rules.

Late last year, criminal charges were filed against Golden West Nut Co., with operations in San Joaquin and Stanislaus County. The case involves misuse of the fumigant methyl bromide and a life-threatening injury to an employee. Criminal charges are unusual, to be sure. But this case went beyond carelessness. The prosecution charges that a defendant deliberately sought to cover up the injury caused by the company's negligence.

That's why the Stanislaus County Agricultural Commissioner referred the case to a district attorney. In addition to jail time, the commissioner says that up to $500,000 in fines will be sought.

Other pesticide cases have received little or no publicity, but they are significant in terms of making statewide pesticide enforcement stronger and more consistent.

In June, the Riverside County District Attorney finalized a $75,000-plus settlement for unfair business practices against pesticide manufacturer Helena Chemical Co., pest control advisor Southwest Ag Services, and grower Frank Capurro and Son. The Riverside County Agricultural Commissioner started the investigation, which involved unlicensed pesticide applications and other violations. In addition to civil penalties, the settlement funds environmental training and equipment for the county's use.

In August, Stanislaus County filed a proposed action against the Modesto office of Western Farm Service, a major pesticide applicator. The Agricultural Commissioner is seeking a $6,000 fine for an incident last year in which a Western Farm employee was helping fumigate a pallet of seed bags with phosphine gas. The employee had no training on use of the chemical or its potential hazards. He became ill and required medical treatment.

Another recent action in Fresno County also deserves attention. The Agricultural Commissioner has proposed a $10,000 fine against Gerawan Farming of Sanger, one of the state's largest growers, based on an incident that occurred last May. During a routine field safety inspection, inspectors from the county and DPR discovered that 180 workers were in a vineyard where three pesticides had been sprayed just hours earlier. All three pesticides had reentry restrictions -- one for seven days. The crew leaders told investigators they were never notified.

Though all the workers left the field immediately, and none complained of illness, the Fresno Agricultural Commissioner classified the case as a major violation because it jeopardized the workers' health and safety.

DPR expects more such actions to be filed in Valley counties and throughout the state as we pursue a vigorous enforcement policy. Our message is simple: If you put people at risk by violating pesticide rules, you will pay a steep price.

And we will underscore this message by seeking news coverage of such violations, because public notice has its own deterrent value.

Our motives are far from punitive. Most growers and applicators are conscientious businesspeople who work hard and play by the rules. Though California leads the nation and the world in agriculture and pesticide regulation, a relatively small number of violators pose a threat to our hard-earned reputation. So a vigorous pesticide enforcement program serves the best interests of our people, our environment, and our agricultural economy.

Industry leaders recognize this. On August 24, a coalition of 17 major agricultural associations asked DPR to adopt its new enforcement response policy into formal regulations that carry the weight of law. DPR's enforcement policy is standardizing local enforcement penalties and helping counties set priorities. The policy also encourages County Agricultural Commissioners to consider all their options, including district attorney referrals such as those made by the Ag Commissioners in Kern, Stanislaus, and Riverside counties.

I have already committed to placing our enforcement policy into regulation, with support from our County Agricultural Commissioners. But the fact that industry supports us demonstrates that DPR and our local partners are on the right track. Regulators can't visit every farm field every day, any more than police can stand on every corner. Enforcement works best when a fair and firm policy encourages compliance.

We look forward to the day when sustainable, least-toxic pest management techniques now being pioneered in California become the norm across the state and nation. Our goals may change then. In the meantime, DPR and our local partners will make enforcement our top priority. It's the law.