$1 Million Award In Drift Case Raises Concerns

A jury has awarded $1 million to an organic farm in Santa Cruz, CA, whose edible herbs were contaminated by organophosphate pesticides that the grower contended were sprayed on nearby farmlands. The decision could have far-reaching ramifications for ag retailer applicators.

The award raises troubling questions for the future use of organophosphates, says the supplier of the pesticides, Western Farm Service, because even after it had ceased spraying, residues were found on the organic herbs. The company, which said it is likely to appeal last week’s verdict by a Santa Cruz County Superior Court jury, said it followed standards on the product labels and county agricultural permits when applying the chemicals.

Assessing the uses and risks of pesticides should be the job of federal, state and county regulators, not local juries, Western Farm Service said in a statement. It addition, it said the verdict "raises concerns about (the) future use of organophosphates in California," because there was no evidence of spray drift from the neighboring field where conventionally grown Brussels sprouts were treated.

"Although the evidence showed no basis to conclude that the applicator caused spray drift to leave the target site, movement form post application dust raised by the strong local coastal winds, from coastal fogs which accumulated the evaporated organophosphates, and to a certain extent regional background levels caused by areawide growers, all contributed to this inadvertent residue problem," Western Farm Service stated in a press release.

Dale Dorfmeier, attorney for Western Farm Services, says the commissioner’s office, not the jury, interpreted the law correctly. "What this jury decision says is, one that sells or applies this product is going to be responsible for post-application movement of this material, regardless of whether it’s under their control or not," he says. "This is movement by wind or fog lift off that happens days or weeks after we do a safe application."

Western Farm Service is part of Agrium Inc. Read a copy of the Western Farm Service press release.

(Sources: mercurynews.com, Western Farm Service)

Topics:

Leave a Reply

Management Stories
ManagementMACA 2014: The State Of The Agricultural Industry, And Then Some
October 9, 2014
The trade association’s annual gathering featured speakers from across agriculture and beyond. Read More
StewardshipA Multi-Layered Approach To Water Quality
October 6, 2014
Illinois event highlights research and technology designed to better monitor and improve water quality — and the benefits of cooperative, coordinated effort. Read More
StewardshipMichigan Agriculture Leaders On Toledo Water Ban: We Want To Be Part Of The Conversation
August 8, 2014
Leaders of Michigan agricultural organizations said Thursday that the government should not have a “knee-jerk reaction” based on last weekend’s water ban in Toledo due to fertilizer run-off in Lake Erie. Read More
ManagementRussia Bans U.S. And EU Ag Product Imports In Ukraine Sanctions Battle
August 7, 2014
Russian President Vladimir Putin has banned the import of agricultural goods from countries that have imposed sanctions on Russia. Read More
Top 100 Articles
CropLife 100The Andersons Acquires South Dakota Plant Nutrient Manufacturer Kay-Flo
May 20, 2015
The Andersons, Inc., ranked No. 22 on the CropLife 100, has purchased Kay Flo Industries of North Sioux City, SD. “This Read More
CropLife 100North Central Farmers Elevator, Wheat Growers Unification Approved By Board, Still Awaits Member Approval
May 13, 2015
The Boards of Directors for North Central Farmers Elevator (NCFE) and Wheat Growers (WG) have voted to approve the Unification Read More
CropLife 100AgGateway’s Barcoding Initiative Progressing Nicely
May 8, 2015
According to legend (or Wikipedia), the first step towards modern bar codes came back in 1948, when Bernard Silver, a Read More
CropLife 100Pinnacle Agriculture Acquires Minnesota Retailer
April 14, 2015
Pinnacle Agriculture Holdings, LLC, ranked No. 6 on the CropLife 100,  has successfully acquired Liebl Ag, LLC in Ada, MN.  Read More
CropLife 100CHS, Aurora Cooperative Complete Fertilizer Storage, Grain Shuttle Loading Facility
April 13, 2015
CHS Inc., the nation’s leading cooperative and ranked No. 5 on the CropLife 100, and Aurora Cooperative (ranked No. 21) Read More
CropLife 100GROWMARK Acquires Missouri Refined Fuels Terminal
April 2, 2015
Bloomington, IL-based GROWMARK and Magellan Pipeline Co. have entered into an agreement in which GROWMARK will acquire the refined fuels Read More
Latest News
Bayer CropScience, ILeVO
Crop InputsISU: ‘Halo Effect’ From ILeVO Soybean Seed …
May 28, 2015
Farmers who were lucky enough to plant soybeans and spray pre-emergence herbicides in between rain events may now be seeing Read More
ManagementCorn Planting/Monsanto-Syngenta Update; New PrecisionAg…
May 28, 2015
Eric Sfiligoj and Paul Schrimpf give updates on corn planting progress, the latest on Monsanto-Syngenta rumors and preview a brand Read More
Waterhemp in soybean stubble
HerbicidesEPA Signs Off On Monsanto’s Warrant Ultra Premix
May 27, 2015
Soybean and cotton growers looking for new tools to manage weeds will have a new, first-of-its-kind option in 2016 with Read More
Palmer pigweed seedhead in cotton
HerbicidesSTUDY: Weed Diversity Primarily Influenced By Geography
May 27, 2015
The potential long-term impacts of glyphosate-resistant crops on biodiversity of the agricultural landscape have been the subject of controversy. A Read More
Seed/BiotechAgrilead Forms Distribution Alliance With Kansas-Based …
May 27, 2015
Agrilead, Inc. announces the formation of a strategic alliance with KALO, Inc. of Overland Park, KS. Through the alliance, KALO Read More
EquipmentPrecision Tank Announces A&B Welding Acquisition
May 27, 2015
Precision Tank, a specialized tank and equipment manufacturer, announced today the acquisition of A&B Welding of Thompson, IA, a manufacturer Read More
Allied Cooperative Grain Plant
ManagementTraining Program Gives First Responders Skills For Grai…
May 27, 2015
When stored grain forms hard bridges, columns and other irregularities, those working to correct it find themselves at risk of Read More
Industry NewsBASF Sponsors Space Farming Research Project
May 26, 2015
Is it possible to produce large quantities of high quality vegetables on a space station, about 320 kilometers away from Read More
FertilizerTexas Ammonium Nitrate Bill Passes Senate, Heads To Gov…
May 26, 2015
The Texas State Senate gave final approval last Thursday to new regulations for ammonium nitrate, reports The Dallas Morning News Read More
Young corn plants
Industry NewsArysta Europe Details New Organizational Structure
May 26, 2015
Arysta LifeScience Europe recently announced a new organizational structure to leverage its scale and accelerate the company’s growth in this Read More
Syngenta Sign
Eric SfiligojMonsanto-Syngenta Could Hinge On A Judgment Of Solomon …
May 26, 2015
In the bible, the reputation of King Solomon’s wisdom in matters of despite comes from a tale of one child Read More
ManagementA New Sprayer Company & UAV Research In The Spotlig…
May 21, 2015
CropLife’s Paul Schrimpf and Eric Sfiligoj talk about a Dutch sprayer manufacturer entering the U.S. with a super-sized entry and Read More
HerbicidesFirst U.S. Sale Of Enlist Duo Herbicide Made By Dow Agr…
May 21, 2015
Dow AgroSciences has recorded the first U.S. sale of Enlist Duo herbicide with Colex-D Technology. This marks the first commercial Read More
CropLife 100The Andersons Acquires South Dakota Plant Nutrient Manu…
May 20, 2015
The Andersons, Inc., ranked No. 22 on the CropLife 100, has purchased Kay Flo Industries of North Sioux City, SD. “This Read More
EquipmentNORAC Options Coming To TerraGator
May 19, 2015
Utilizing NORAC’s Standard Control technology, boom height control is now available for TerraGators with Airmax Precision 2 and Benson Booms. This Read More
Crop InputsHelena Introduces New Soil Health Product
May 19, 2015
Helena Chemical Co. is helping agricultural producers maximize yields and efficiency with the introduction of Liquid Chisel, a new product Read More
Stewardship4R Nutrient Management Planning Certification Now Avail…
May 19, 2015
The American Society of Agronomy (ASA) and the International Certified Crop Adviser (ICCA) program announce a new specialty certification in Read More
Environmental Defense Fund logo
Paul SchrimpfEnvironmental Defense Fund: Appreciating Partners
May 19, 2015
I WAS deep in the throes of preparation for the Commodity Classic meeting that took place this past February, trying Read More