Department of Agriculture does not have adequate authority to impose significant penalties and is hampered in its ability to monitor companies and individuals who violate pesticide regulations

(Findings from Arizona which is applicable in most states)

Subject:   Tougher pesticide laws urged---------
Date:       Tue, 03 Oct 2000 08:53:28 -0400
From:        Stephen Tvedten <steve@getipm.com>
Organization:     Get Set Inc. (www.getipm.com)

To:     Paul Helliker <phelliker@cdpr.ca.gov>
          Director, State of California, Department of Pesticide Regulation 

Dear Mr. Helliker, I thought you might like to read an article from the Dallas Morning News dated Tuesday,| October 3, 2000, entitled:  Tougher pesticide laws urged - Critical audit backs higher Arizona fines - 10/01/2000 - Associated Press.

PHOENIX – A state audit released last week urges legislators to toughen laws and regulations regarding agricultural pesticides.

Currently, the Department of Agriculture does not have adequate authority to impose significant penalties and is hampered in its ability to monitor companies and individuals who violate pesticide regulations.

"As a result, most people who commit violations, including such things as killing fish by allowing pesticide spray to drift into canals and ponds,  receive fines of $150 or less – relatively little deterrent to discourage violators from breaking pesticide laws," the report by the Office of the Auditor General said.

"Although the department theoretically can fine violators up to $10,000, the practical reality is that its rules and procedures generally prevent it from imposing significant penalties," the report said.

It cited two primary problems:

• Department rules define serious violations in such narrow terms that it is difficult to impose the maximum penalty. While state law requires a substantial probability of injury, the rules require an actual human injury to cite someone for a serious violation and impose the highest fines.

• At $500, the top fines for nonserious violations are too low. By comparison, North Dakota and Hawaii allow fines for similar violations of up to $5,000.

The audit described several violations that drew little punishment.

A company that sprayed a woman with pesticide received a $74 fine. A  man in a car sprayed with pesticide resulted in a $57 fine. A pesticide drift that killed fish in a canal led to a $113 fine. And one week later the same company sprayed pesticide into a residential fish pond, killing those fish, which resulted in a $182 fine.

The Auditor General's Office recommended laws to double the penalties for nonserious violations to $1,000, to broaden the definition of serious violations and to revise the point system used to set fines.

Well Mr. Helliker, it sure sounds like same old tired story. "Regulators" just wish they had the authority to punish "registered" pesticide abusers but, gosh durn it, their hands are just tied by those rascally legislators! Right..... There is no real enforcement of pesticide "laws."  Even the Earlimart disaster that poisoned hundreds of people resulted in a "record fine" of only $150,000 - not even enough to provide medical monitoring for the victims, let alone provide for compensation or punitive damages.  But, I bet you would severely fine someone for actually daring to control pest problems with (unregistered) safe and far more effective alternatives, wouldn't you Mr. Helliker?

Respectfully,  Stephen L. Tvedten

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