FOR IMMEDIATE RELEASE
WEDNESDAY, MARCH 23, 2011
James Burnette Jr., director
NCDA&CS Structural Pest Control and Pesticides Division
N.C. Pesticide Board announces March case settlements
RALEIGH — The N.C. Pesticide Board recently approved the following settlement agreements involving cases in Alamance, Beaufort, Bladen, Caldwell, Caswell, Catawba, Harnett, Johnston, Lincoln, Lenoir, Mecklenburg, Pender, Person, Pitt, Richmond, Union and Washington counties:
- Spartan Chemical Co. Inc. of Maumee, OH, agreed to pay $600 for distributing adulterated pesticide Spartan NABC Non-Acid Disinfectant Bathroom Cleaner in the state. Samples of the disinfectant were found to be contaminated with Gram-negative bacilli.
- Spartan Chemical Co. Inc. of Maumee, OH, agreed to pay $600 for distributing adulterated pesticide Spartan CDC-10 Clinging Disinfectant Cleaner in the state. Samples of the disinfectant were found to be adulterated because the sample failed to kill S.aureus and P. aeruginosa.
- Michael S. Pigeon, of Southern Outdoor Services LLC in Indian Trail, agreed to pay $500 for applying pesticides without a pesticide applicator’s license. Neither he nor anyone associated with Southern Outdoor Services had been licensed to apply pesticides at the time the application was made.
- Dennis Winzeler, manager of Winzeler Farms LLC in Kelly, agreed to pay $900 for applying Champ WG Agricultural Fungicide in violation of Worker Protection Standards. Winzeler failed to provide his employees with required safety training; failed to post pesticide-specific information in a central location; failed to post a pesticide safety poster and emergency medical care information; failed to maintain pesticide application records and failed to provide protective eyewear specified on the fungicide’s label to his employees.
- Travis A. Leonard, manager of Southern States Cooperative Inc. in Lenoir, agreed to pay $900 for selling restricted-use pesticides without being a licensed pesticide dealer.
- Phillip A. McCarty, manager of Southern States Distribution Center in Farmville, agreed to pay $600 for distributing restricted-use pesticides to an unlicensed pesticide dealer.
- Sheldon M. Rudisill of Vale agreed to pay $200 for applying the pesticide NuFarm Credit Extra to his soybean fields in a manner inconsistent with its label. The pesticide damaged neighboring tomato fields, and its label states to avoid contact with desirable plants and trees.
- Kenny McKee, Piedmont Division Manager of HD Machines LLC in Meridian, Miss., agreed to pay $1,000 for the application of the pesticides Glyphosate 4 Plus, Milestone VM and SFM Extra to Norfolk Southern’s railroad right of way in La Grange in a manner that is inconsistent with the pesticides’ labeling. The pesticides damaged nearby crops on farms in Kinston and LaGrange, and their labels state to avoid drift.
- Ray O. Betz, branch manager of Davey Tree in Charlotte, agreed to pay $1,000 for the application of pesticides Trimec 992 and Bifenthrin I/T 7.9 F to a property in a manner inconsistent with the labeling. Trimec 992 was applied three times in 2010, and its labeling states it should be applied a maximum of two times per year. Bifenthrin I/T 7.9 F was applied twice within seven days, and its labeling states it should not be applied more than once per seven-day period.
- Stephen N. Ruark, an employee of Atlantic Ag Aviation Inc. in Roper, agreed to pay $900 for making an aerial application of pesticides Orthene 97 and Roundup PowerMAX to a cotton field in Plymouth in a manner inconsistent with their labels. The pesticides damaged corn, potatoes and weeds in an adjacent field, and the label for Roundup PowerMAX states to avoid applying in conditions with potential for drift.
- Raymond White, of Lewis Tree Service Inc. in West Henrietta, NY, agreed to pay $900 for an employee’s application of pesticides Garlon 3A and Milestone VM to a right of way in Manteo in a manner that was inconsistent with their labels. The application damaged a portion of a grapevine, and the label for Garlon 3A states it should not come into direct contact with grapes and other desirable broadleaf plants.
- Charles M. Rooks, owner of Carolina Eastern-Rooks in Burgaw, agreed to pay $800 for selling restricted-use pesticide Drexel Atrazine 4L to a non-certified applicator.
- Anthony Givens, owner of Anthony Givens Landscaping LLC in Charlotte, agreed to pay $500 for applying pesticide at a CVS drug store in Marshville without being certified as a pesticide applicator.
- David P. Hrupsa, president of Atlantic Ag Aviation Inc. in Roper, agreed to pay $1,400 for applying pesticides Roundup Power Max and Staple LX in a manner inconsistent with their labels to a cotton field in Roper. The pesticides damaged nearby trees and plants along a highway right of way, and their labeling states to avoid contact with desirable vegetation.
- David J. Hinnant of Kenly agreed to pay $1,000 for applying a mixture of pesticides Gramoxone Inteon and Prefix Herbicide in a manner inconsistent with the pesticides’ labels. The pesticides damaged vegetation in an adjacent yard, and the labels state the pesticides should not be applied under conditions favorable for drift.
- David J. Dawson, of Helena Chemical Co. in Kinston, agreed to pay $600 for selling restricted-use pesticides to a non-certified pesticide dealer.
- Reeves M. Black of Crouse agreed to pay $400 for applying pesticide Gramoxone Inteon in a manner inconsistent with its labeling. Mr. Black does not have a pesticide applicator’s license, and the label for Gramoxone Inteon states it should only be used by a certified applicator.
- Jeff Fitcher, president of Coastal Floratine Inc. in Myrtle Beach, SC, agreed to pay $600 for selling the pesticide Firebird Pro to a golf course in West End without a pesticide dealer license. Neither he nor anyone associated with Coastal Floratine had been licensed as a pesticide dealer at the time of the sale.
- Flor B. Garcia, of Garcia Forest Service LLC in Rockingham, agreed to pay $1,500 after her husband Samuel V. Garcia’s applied the pesticide Ortho Ground Clear in a manner inconsistent with its labeling. The pesticide damaged three trees around the Charles R. Jonas Federal Building in Charlotte, and its labeling states to avoid damage to desirable plants by not applying over their root systems. At the time of application, Mr. Garcia was not certified as an ornamental and turf applicator.
- Mark A. Garrett of Roxboro agreed to pay $900 for applying pesticides Flupro and Royaltac-M in violation of Worker Protection Standards. Garrett failed to provide oral warnings about the application; failed to provide required pesticide safety training; failed to provide workers with enough water for routine washing and emergency eye flushing; failed to wear chemical-resistant footwear specified on the Flupro label and failed to record specific information about when the pesticides were applied.
- Ron W. Richmond, of Richmond Farms in Leasburg, agreed to pay $950 for applying a mixture of pesticides Belt SC, Fair 85, Prime + EC and Royal MH-30 in violation of Worker Protection Standards. Richmond failed to include product name and active ingredients for the pesticides; failed to provide required safety training and failed to wear required coveralls and footwear.
- Thomas D. Smith of Mebane agreed to pay $900 for applying a mixture of pesticides Flupro and Royal MH-30 in violation of Worker Protection Standards. Smith failed to provide specific information about the application; failed to wear a long-sleeved shirt, long pants, socks, chemical-resistant gloves and footwear; failed to obtain chemical-resistant footwear required by the Flupro label and failed to record specific information about when the pesticides were applied.
- John W. Ingle II, owner of Ingle and Son Landscaping Inc. in Conover, agreed to pay $1,500 for his employee’s application of the restricted-use pesticide Gramoxone Inteon in a manner inconsistent with its labeling. In addition, Ingle’s employee failed to keep required records for the application.
- Alex C. Morrison Jr. of Lillington agreed to pay $500 for applying pesticides Check MH 15, Kleen-Tac 85 and Orthene 97 in violation of Worker Protection Standards. Morrison failed to provide workers/handlers with specific information about applications; failed to display pesticide safety posters and failed to record specific information about when the pesticides were applied.