Pesticide label is law - for all

Violations give black eye to agriculture; threaten all onion growers in the Pacific Northwest

Terry L. Witt
Guest Comment

Capital Press

April 20, 2007

April 4 was a sad day for farmers, foresters and urban pest control folks who responsibly use pesticides.

That was the day the Department of Agriculture publicly announced it was issuing civil penalties totally over $112,000 to 19 Malheur County onion growers for misuse of a pesticide during the 2006 growing season.

The real tragedy, however, will come down the road when anti-pesticide activists and regulators regurgitate this story time and time again to portray how they believe all farmers and foresters use pesticides. While it appears true that this is evidence that 19 folks made a very poor and inexcusable decision, it does not accurately reflect the fact that many hundreds of thousands of lawful applications of all kinds are done every year in Oregon .

Oregonians for Food and Shelter is now in its 27th year of proactive efforts regarding the responsible use of pesticides and fertilizers by agriculture, forestry and urban applicators. Since our inception in 1980, our basic tenet has always been "the label is the law." OFS has and will continue to proudly represent those who use these beneficial tools properly. We also highly recommend using pesticides as only one tool in an integrated pest management program. OFS has not and will not defend any user who intentionally violates the label, therefore breaking both state and federal law.

I am not aware of any circumstance or situation that justifies using a pesticide in a manner inconsistent with the U.S. EPA product registration requirements on the label or the Oregon Department of Agriculture's prohibited acts within Oregon's Pesticide Control statutes (ORS 634). This even includes the situation where a grower faces the potential for significant economic loss due to pestilence in cases where there is no legally registered product for the specific crop in peril.

A pesticide user, whether a farmer or a homeowner, must recognize that regardless of what a dealer, crop advisor or retail store person may suggest, the label is the law - and it is the user's ultimate responsibility to insure that these beneficial chemical tools are applied in full compliance with all laws. If anyone is getting recommendations or personal interpretations from a dealer, chemical rep, crop advisor or a retail store to use a product off-label, I highly advise they quickly find a more reputable source for information. It appears that Oregon was not alone, as similar violations occurred in other states, including at least Idaho and Washington . Fortunately for all Northwest onion growers, fast action by ODA, running hundreds of laboratory analyses at part per billion levels, assured buyers that the onion bulbs were safe to consume. As a result no crop embargo or destruct order was needed and market interruption was minimal. Had a Northwest onion boycott or a consumer food panic occurred - all onion growers and their creditors (agricultural suppliers and lending institutions) would have suffered major economic hardship.

Some may berate ODA for taking enforcement action when it appears at least one other state turned a "blind eye." I salute our state agency for handling this extraordinarily time-consuming action swiftly and professionally.

For many years a reminder was printed on the back of all OFS business cards. It said, "BE SMART" - read the pesticide label for specific product information and requirements when you:

Buy, Educate workers, Store or handle, Mix, Apply, Re-enter and Treat waste or empty containers.

"Follow the label - it's the law!" It looks like we should start that practice again.

Terry L. Witt is executive director for Oregonians for Food and Shelter in Salem, Ore.

 
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