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MONDAY, MAY 7, 2007

Contact: Jim Burnette, director
NCDA&CS Structural Pest Control and Pesticides Division
(919) 733-3556

N. C. Pesticide Board meets, approves settlements

RALEIGH - The N.C. Pesticide Board met recently to discuss an emergency exemption request and to consider 14 settlement agreements.

The board approved submitting a request to the Environmental Protection Agency for the use of BASF PTM SC Insecticide to control the Nantucket pine tip moth in loblolly pine plantations in North Carolina. The EPA must approve the request before use will be legal in the state.

The board also approved the nomination of Dr. Johnny Randall to the board for the ecologist at-large vacancy. Randall is assistant director for conservation at the N.C. Botanical Garden and adjunct professor of ecology at the University of North Carolina at Chapel Hill.

The following agreements were approved:

  • James M. Hale of Littleton denied wrongdoing, but agreed to pay $450 for a pesticide treatment performed by his stepson that damaged a neighbor's vegetation and caused irritation of the neighbor's eyes and skin. A defoliant, Def 6, and a plant growth regulator, CottonQuik, were sprayed on a cotton field adjacent to the neighbors' property. The registered label for Def 6 says that the product should not be applied when weather conditions favor drift or in a way that will contact workers or other people either directly or through drift. CottonQuik states that it should not be applied in a way that will contact workers or other people, either directly or through drift, and to avoid spraying on favorable vegetation.

  • Jess Benton of Asheville agreed to pay $900 for spraying a neighbor's trees with the herbicide Spike 20P.

  • John H. Johnson Jr. of Precision Farming Inc. in Hookertown agreed to pay $500 for improper use of the pesticide Prowl 3.3 EC. He used it for sucker control on tobacco, a use for which the product is not registered.

  • John R. Gray of Timberlake denied wrongdoing, but agreed to pay $700 for Worker Protection Standards violations. Workers at his farm were not provided proper safety gear when applying Prime+EC and Sucker-Plucker as required by the label. It was also found that Gray does not maintain pesticide application records as required by state pesticide law.

  • Warner B. Perry of Colerain Peanut & Supply Co. Inc in Colerain agreed to pay $1,200 for selling restricted-use pesticides to two individuals who do not hold a valid pesticide license. Don W. Bracy purchased Bicep II Magnum and Kevin L. Jones purchased Temik brand 15G Aldicarb, Tenkoz Atrazine 4F and Thimet 20-G, all of which are for sale to, and use by, certified applicators.

  • In the same case, Bracy of Colerain, denied wrongdoing, but agreed to pay $350 for purchasing and using a restricted-use pesticide while he was not certified as a pesticide applicator.

  • In the same case, Jones of Ahoskie, agreed to pay $600 for purchasing and using restricted-use pesticides while not certified as a pesticide applicator.

  • Floyd P. Barnes, owner of Wildwood Landscape Contracting Ltd. in Southport, agreed to pay $600 for applying a restricted-use pesticide while no one at the business held a valid N.C. pesticide applicator license. The herbicide application was made by an employee. Barnes has since obtained his ground applicator license.

  • Henry C. Haddock, owner of Haddock Flying Service in Salters, S.C., agreed to pay $1,500 for an aerial application of Arsenal that was made within 100 feet of a residence. Children playing at a residence next to a forest tract that was being sprayed complained of tightness and soreness in their throats and a burning sensation in their mouths. A soil sample 11 feet from the home showed the presence of imazapyr, the active ingredient in Arsenal.

  • David P. Hruspa, owner of First State Aerial Applicators Inc. in Felton, Del., agreed to pay $1,700 for an aerial application of Atrazine 4L and Liberty that damaged a neighboring farm's corn and wheat fields and damaged vegetation along a water-filled canal that separated the farms. Label language for Atrazine 4L states that it should not be applied anywhere water is present and should not be applied when conditions favor drift.

  • Timothy A. Stancill of Ayden agreed to pay $700 for improper disposal of used pesticide containers. Stancill burned at least eight types of pesticide containers, most of which state that they should be triple-rinsed and recycled. North Carolina law does not permit open burning of pesticide containers.

  • Thomas E. Frizzi, owner of Top Turf in Charlotte, denied wrongdoing, but agreed to pay $500 for damaging vegetation in a yard next to where an employee applied Lesco Three-Way Selective Herbicide and Speed Zone Broadleaf Herbicide. Label language states that Three-Way Selective Herbicide should not be sprayed on desirable plants, and the Speed Zone label states it should not be allowed to drift.

  • James W. Boone Jr. of Boone's Farm Supplies in Roxobel denied wrongdoing, but agreed to pay $800 for selling a restricted-use pesticide to a non-certified applicator. The insecticide Baythroid XL was sold to Gary T. Johnson, who is not a certified applicator.

  • Roy P. Perry of Perryscape Lawn Service in Charlotte denied wrongdoing, but agreed to pay $900 for spraying Roundup Pro without a license. It is against the law to engage in the business of pesticide applicator within the state at any time unless licensed annually as a pesticide applicator.



NCDA&CS Public Affairs Division, Brian Long, Director
Mailing Address:1001 Mail Service Center, Raleigh NC 27699-1001
Physical Address: 2 West Edenton Street, Raleigh NC 27601
Phone: (919) 707-3001; FAX: (919) 733-5047