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Agriculture Department issues penalties for pesticide cases finalized in 3rd quarter

OLYMPIA –  During the third quarter ending Sept. 30, the state Department of Agriculture (WSDA) issued fines totaling $3,300 and imposed license suspensions against individuals and businesses that violated state pesticide laws and rules. Fines ranged from $200 to $1,000 for violations that included supplying a restricted-use pesticide to someone who was not licensed, selling pesticides for illegal uses, and not keeping records on sales of non-home and garden pesticides.

Actions taken involved cases investigated in Adams, Douglas, Franklin, Pierce and Whatcom counties:

Alex Heinz, HomePro Inspection Services, Gig Harbor. WSDA alleged that Heinz issued an inadequate wood destroying organism inspection report on a house that he inspected in Seattle in July 2005. The matter was resolved when Heinz agreed to pay $400 and have his structural pest inspector license suspended for seven days.

Cenex Harvest States, Inc., Pasco. WSDA alleged that in April 2006 the firm sold a pesticide for use on a crop for which it was not registered, and sold another pesticide for use in an area where it was prohibited. The matter was resolved when Cenex Harvest States, Inc. agreed to pay $1,000. Ivan Halverson, who was working for the firm at the time and involved with the illegal sales, had his pesticide dealer-manager license suspended for six days.

Dale Mikkelsen, Rock Island. WSDA alleged that Mikkelsen supplied a restricted-use pesticide to a person who was not licensed to apply it. The matter was resolved when Mikkelsen agreed to pay $300.

Roel Ozuna and Alex Pruneda, Simplot Grower Solutions, Othello. WSDA alleged that in October, 2005 Ozuna, while supervised by Pruneda, over-sprayed a pesticide he was applying through an irrigation system onto a horse pasture and neighboring property. Ozuna could have shut the system down, but allowed it to continue spraying onto the neighboring property and run its course. After he told the neighbors the over-spray would not cause any problems, their show horse was allowed to graze and became severely ill. The matter was resolved when Ozuna and Pruneda agreed to pay $700 each and have their commercial pesticide licenses suspended for 10 days.

Whatcom Farmers Coop, Bellingham, was fined $200 for failing to keep records in 2005 and 2006 on sales of non-home and garden pesticides.

Penalty matrix used by WSDA to levy fines and suspensions

A penalty matrix is used to ensure penalties are uniform and fair. The matrix takes into account the seriousness of the violation, whether it is a first or a repeat offense, and whether there are any aggravating or mitigating factors involved. Larger penalties often reflect repeat offenses or multiple violations within the same incident.

Pesticide application is governed by the Federal Insecticide, Fungicide and Rodenticide Act. WSDA enforces state and federal laws to protect people, property and the environment against the improper use of pesticides. Staff also provides technical assistance to the pesticide industry and consumers, and enforces the rules on structural inspections for wood destroying organisms, such as wood rot, carpenter ants, or termites. About 200 allegations of improper distribution or misuse of pesticides, or faulty structural inspections are investigated each year.

To file a complaint involving the misuse of a pesticide, or to find out if a pesticide applicator or structural pest inspector is licensed, call (877) 301-4555.

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