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FOR IMMEDIATE RELEASE
THURSDAY, JULY 12, 2012

CONTACT:

James Burnette Jr., director
NCDA&CS Structural Pest Control and Pesticides Division
919-733-3556

N.C. Pesticide Board announces July case settlements

RALEIGH — The N.C. Pesticide Board recently approved the following settlement agreements for respondents in Alleghany, Beaufort, Burke, Clay, Henderson, Mecklenburg, Moore, Union, Wayne and Wilson counties.

  • Michael Bottomley, owner of Bottomley Evergreens and Farms Inc. in Ennice, agreed to pay $2,500 for applying Gramoxone Inteon and Lannate LV pesticides in a manner inconsistent with their labeling, which violated worker protection rules. Bottomley failed to provide specific information about pesticide applications and failed to provide handlers with pesticide labeling information or proper safety equipment.

  • Phillip M. Black of Washington agreed to pay $1,000 for applying Command 3ME herbicide to his tobacco field in Beaufort County. The herbicide damaged vegetable plants and an oak tree on an adjacent property, and the label states not to apply when weather conditions favor drift.

  • C. Ryan Cook, a member of Luxury Landscapes and Irrigation LLC in Morganton, agreed to pay $1,200 for an employee’s application of Glyphos X-TRA herbicide in a manner inconsistent with its labeling. In addition, no one associated with Luxury Landscapes and Irrigation was a licensed pesticide user at the time of application. Furthermore, Cook stored pesticides in an area with combustible materials.

  • Charles E. Timpson, president of Topside Aviation Inc. in Brasstown, agreed to pay $800 for making an aerial application of Headline and Headline Amp fungicides to corn fields in Henderson and Transylvania counties in a manner inconsistent with the fungicides’ labeling.

  • Adam N. Pryor of Hendersonville agreed to pay $600 for an aerial application of Headline and Headline Amp fungicides made to his corn fields in Henderson and Transylvania counties. The fungicides were applied in a manner inconsistent with their labeling.

  • Matthew Dreiling, branch manager for TruGreen LandCare in Charlotte, agreed to pay $600 for an employee’s application of Prosecutor Pro herbicide in a manner inconsistent with its labeling. The application damaged desirable plants on a roadway median in Charlotte.

  • Arturo Lopez, president of Forever Green Landscaping Inc. in Charlotte, agreed to pay $600 for applying pesticides without being licensed as a pesticide applicator.

  • Alex C. Romero, sales and technical support representative for BASF in Charlotte, agreed to pay $800 for making a pesticide recommendation, which was not in accordance with the pesticide labeling. The resulting aerial application damaged about 700 acres of corn in Henderson and Transylvania counties.

  • James B. Hartney, president of Pinescapes Inc. in West End, agreed to pay $600 for an application of Buccaneer Plus herbicide made by an employee without a pesticide license. Neither the employee nor anyone associated with Pinescapes was a licensed pesticide user at the time of application.

  • Jose Carmen Jaimes, owner of J&B Landscaping in Eagle Springs, agreed to pay $600 for making a pesticide application without being licensed.
  • Ronald M. Danise, president of Danies and Associates Inc. in Monroe, agreed to pay $2,500 for selling 670 units of restricted-use pesticides to several unlicensed users, and for failing to keep proper records of the sales.

  • Travis Gardner, proprietary products manager at Helena Chemical Co. in Fremont, agreed to pay $800 for making a pesticide recommendation that was not in accordance with the pesticide labeling. The resulting aerial application damaged about 700 acres of corn in Henderson and Transylvania counties.

  • John Lee Tyndall of Pikeville agreed to pay $600 for applying Rage D-Tech pesticide in a manner inconsistent with its labeling to a field in Wayne County. The pesticide damaged vegetables in an adjacent yard, and the label states not to apply or permit spray mist to drift to desirable crops.

  • James M. Hocutt, president of Hocutt Farms Inc. in Sims, agreed to pay $700 for applying Royal MH-30 pesticide in a manner inconsistent with its labeling, which violated worker protection rules. Hocutt failed to provide specific information about the pesticide application and failed to provide handler-specific pesticide training for an employee.

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NCDA&CS Public Affairs Division, Brian Long, Director
Mailing Address:1001 Mail Service Center, Raleigh NC 27699-1001
Physical Address: 2 West Edenton Street, Raleigh NC 27601
Phone: (919) 707-3001; FAX: (919) 733-5047

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