FOR IMMEDIATE RELEASE
TUESDAY, JUNE 15, 2010
James Burnette Jr., director
NCDA&CS Structural Pest Control and Pesticides Division
N.C. Pesticide Board announces June case settlements
RALEIGH — The N.C. Pesticide Board recently approved the following settlement agreements for respondents in Alleghany, Beaufort, Chatham, Pasquotank, Pender, Pitt, Sampson and Wake counties:
- Olivia G. Hernandez of Warrensville agreed to pay $400 for applying the pesticide Thionex 3EC to a pumpkin field in Sparta inconsistently with its labeling. The label states airblast applications of the pesticide should not be applied within 100 feet of rivers, natural ponds, lakes or streams.
- David P. Hrupsa, president of Atlantic Ag Aviation Inc. in Roper, agreed to pay $900 for an aerial application of the pesticides Domark 230 ME and Mustang Max inconsistent with their labels. The pesticides were applied to a soybean field and deposited within 150 feet of an adjacent fish farm. The labels state pesticides should not be applied within 150 feet of aquatic habitats.
- Seth J. Parsons, of NaturChem Inc. in Greenville, agreed to pay $600 for applying pesticides inconsistently with their labels. The investigation was initiated from a complaint that the pesticides may have been applied to Harlands Creek in Pittsboro. The pesticides damaged adjacent vegetation, and traces were found in trees hanging over Harlands Creek. The labels state the pesticides should not be applied to water.
- Jesse J. Morris of Elizabeth City agreed to pay $200 for applying a restricted-use pesticide without a pesticide applicator’s license. The pesticide was Lariat Flowable Herbicide, and its label states it is to be used only by certified applicators.
- Jeffrey A. Oxley, regional manager of Ag-Mart Produce Inc. in Leland, agreed to pay $24,000 in settlement of violations from 2004 and 2005, and $1,000 in settlement of a 2006 violation. In addition, Ag-Mart Produce Inc. agreed to provide resources to provide farm-worker training for the 2010 and 2011 growing seasons as part of the settlement. The company also agreed to drop its legal appeals. Since 2007, as authorized by the Pesticide Law of 1971, state inspectors have inspected thefarms Oxley operates for Ag-Mart, as well as his pesticide application records for those farms, and have found him to be in compliance with North Carolina’s pesticide laws and rules.
- David L. Moye, owner of Moye Farms in Ayden, agreed to pay $600 for applying pesticides inconsistently with their labels. The pesticides damaged nearby vegetation, and the labels state they should not be applied under conditions involving possible drift to food crops.
- Stanley Honrine of Clinton agreed to pay $400 for applying a restricted-use pesticide without a pesticide applicator’s license. The pesticide was Gramoxone Inteon, and its label states it is to be used only by certified applicators.
- Albert J. Sosa, owner of New River Landscapes Inc. in Apex, agreed to pay $700 for applying pesticides without a current pesticide applicator’s license. State law states it is unlawful for any person to engage in the business of pesticide applicator without a valid N.C. pesticide applicator’s license.