Onion growers fight fines for Furadan use

Embargo will be in place until fields are free of carbofuran residues 

Mitch Lies
Capital Press

July 13, 2007

More than half the Eastern Oregon growers fined in April for off-label application of a restricted-use pesticide in onions have contested their civil penalties, according to an Oregon Department of Agriculture official.

Ten of the 16 growers and two custom applicators fined last year by the department for off-label application of Furadan have requested an administrative hearing, said Dale Mitchell, assistant administrator of ODA's pesticides division. Six have paid their fines.

The Capital Press learned of the appeals last week, shortly after the department issued embargo notices to the 16 growers for their 2007 onion crop.

The embargo is in place for all onions produced by growers cited earlier this year for illegally applying the carbofuran pesticide Furadan for thrips control in onions last year.

The embargo stays in place until onions and soil from the approximately 70 fields under investigation are deemed free of carbofuran - a process expected to take between seven to 10 days. The department is testing soil, onion tops and onions bulbs, Mitchell said.

The department also will be testing onions from other fields in the area, Mitchell said, although onions from those fields won't be under an embargo.

"We want to make sure there is not a food-safety issue and that consumer confidence has been maintained," Mitchell said.

The Oregon Department of Justice is reviewing the contested cases, Mitchell said.

Two growers have requested an informal hearing.

An informal hearing is another option available for growers and applicators to resolve their disputes with department officials. The option does not preclude a person's right to request an administrative hearing if not satisfied with the resolution.

No administrative hearings have been scheduled to date.

The civil penalties for illegal application of Furadan in onions were issued after a sweeping investigation last fall that spanned the Oregon-Idaho border and included both state departments of agriculture.

Thirteen growers were cited by the Idaho Department of Agriculture.

Idaho officials plan to aggressively monitor onion production in the targeted area, but Idaho is not conducting an embargo, Mitchell said.

In all, Oregon growers were fined a total of $112,480.

Lawmakers in the 2007 legislative session increased the maximum fine the department can charge per pesticide use infraction from $1,000 to $10,000. The fine increase was requested by agricultural industry leaders in response to the onion incident. It takes effect this year.

Mitch Lies is based in Salem . E-mail: mlies@capitalpress.com.

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