SEATTLE (Oct. 11, 2023) -- The U.S. Environmental Protection Agency announced today that Barnett Air LLC, of Nezperce, Idaho, has paid a $2,221 penalty for failing to follow pesticide label instructions when spraying near an outdoor funeral. The penalty is the maximum for this type of violation of the Federal Insecticide Fungicide and Rodenticide Act.
During a May 2022 burial service at Jonah Hayes Cemetery, attendees reported being contacted by pesticide being applied by the company to an adjacent wheat field.
"It’s the applicator’s responsibility to ensure pesticides are used according to the label directions,” said EPA Region 10 Office of Enforcement and Compliance Assurance Director Ed Kowalski. “When they don’t, EPA is prepared to take swift action and impose the maximum penalty allowed.”
FIFRA requires applicators to strictly follow the instructions on pesticide labels. In this case, label instructions for the pesticide being applied to the wheat field – Nexicor Xemium Brand Fungicide (EPA Reg. No. 7969-380 – include:
- “Do not apply this product in a way that will contact workers or other persons”
- “Do not apply under circumstances of possible drift to unprotected persons”
- “Avoiding spray drift at the application site is the responsibility of the applicator”
Further details are available in the Consent Agreement and Final Order.
from EPA News Releases https://www.epa.gov/newsreleases/epa-penalizes-idaho-company-spraying-pesticide-near-burial-service