Unapproved Pesticide Use Prosecutions
Overview: Unapproved Pesticide Use
Unapproved pesticide use occurs when individuals, farmers, or companies apply pesticides in ways that violate federal or state regulations. The main governing laws are:
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) – regulates distribution, labeling, and use of pesticides.
Clean Water Act (CWA) – applies when pesticide use leads to contamination of water bodies.
State pesticide regulations – often require applicator certification and restrict certain chemical applications.
Typical violations include:
Using pesticides not registered for a specific crop or site.
Applying pesticides above approved concentrations.
Applying restricted-use pesticides without certification.
Using pesticides in ways that threaten human health, livestock, or the environment.
Notable Cases
1. United States v. George F. Lewis (1999) – Restricted Pesticide Misuse
Jurisdiction: Federal Court, Iowa
Summary: Lewis applied restricted-use pesticides without certification and near a public water source.
Violation: Unapproved pesticide use under FIFRA.
Outcome: $50,000 fine, probation, and mandatory pesticide training.
Significance: Reinforced the need for certification and label compliance for restricted-use pesticides.
2. United States v. Makita Corporation (2005) – Worker Endangerment
Jurisdiction: Federal Court, California
Summary: Company failed to provide protective equipment for workers applying pesticides on orchards, leading to acute poisonings.
Violation: FIFRA and OSHA pesticide safety violations.
Outcome: $750,000 fine; managers criminally charged.
Significance: Established employer liability for unsafe pesticide application practices.
3. United States v. Dow AgroSciences (2010) – Environmental Contamination
Jurisdiction: Federal Court, Michigan
Summary: Company illegally disposed of pesticide waste into rivers, causing fish kills.
Violation: Unapproved disposal under FIFRA and Clean Water Act.
Outcome: $2.5 million fines; court-mandated environmental compliance audits.
Significance: Showed the overlap between pesticide misuse and environmental protection laws.
4. State of New York v. John J. Sullivan (2012) – Overapplication
Jurisdiction: State Court, New York
Summary: Farmer applied glyphosate above approved levels to accelerate crop growth.
Violation: Overapplication under FIFRA and state pesticide law; runoff contaminated streams.
Outcome: $100,000 fine; license suspension for 3 years; mandated remediation.
Significance: Demonstrated penalties for overuse and environmental harm.
5. United States v. AgriChem Co. (2015) – Falsifying Records
Jurisdiction: Federal Court, Florida
Summary: Company falsified pesticide application logs and misrepresented chemical concentrations.
Violation: Violated FIFRA labeling and reporting provisions.
Outcome: $1.2 million fine; CEO sentenced to 18 months in prison; mandatory compliance program.
Significance: Highlighted criminal liability for record falsification and fraudulent pesticide use.
6. State of California v. GreenFields Inc. (2018) – Drift Violations
Jurisdiction: State Court, California
Summary: Company sprayed pesticides without proper buffer zones, causing drift onto neighboring organic farms.
Violation: Unapproved application methods under state pesticide regulations.
Outcome: $500,000 damages; fines on operators; mandatory buffer zones.
Significance: Emphasized liability for pesticide drift affecting others.
7. United States v. Syngenta AG (2019) – Illegal Export Use
Jurisdiction: Federal Court, Illinois
Summary: Syngenta exported unapproved pesticide formulations used illegally abroad; some products returned to the U.S.
Violation: FIFRA violations for unapproved use and importation.
Outcome: $3.5 million fine; stricter export controls implemented.
Significance: Demonstrated legal accountability for unapproved pesticide use in domestic and international contexts.
Key Takeaways
FIFRA Enforcement is Strict: Applying pesticides without approval or certification carries civil and criminal penalties.
Environmental and Worker Safety: Penalties increase when misuse harms water bodies, ecosystems, or workers.
Record-Keeping Matters: Falsifying pesticide logs is a criminal offense.
Corporate and Individual Liability: Both farmers and corporations face prosecution.
Preventive Measures: Proper training, certification, and adherence to labels prevent legal issues.
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