Friday, June 4, 2021

N.C. Pesticide Board announces recent case settlements

RALEIGH
Jun 4, 2021

The N.C. Pesticide Board recently approved the following settlement agreements for cases in Beaufort, Guilford, Mecklenburg, Nash, Pitt, Sampson, Union and Yadkin counties. Settlements involved cases of improper pesticide disposal, improper pesticide application, the improper purchasing and selling of pesticides and drift damage. Settlements are listed by county below:

  • (Beaufort) John C. Respess, a licensed private pesticide applicator in Pantego, agreed to pay $800 for using pesticides in a manner inconsistent with their labeling. The investigation revealed Respess lacked the required training and improperly applied the pesticides, among other violations of the pesticide labels and state law.
  • (Guilford) Albert Cooper, a licensed pesticide dealer with Sherrill Tree in Greensboro, agreed to pay $1,000 for selling restricted-use pesticides without a valid pesticide dealer license. Cooper’s license had expired. He has since renewed his license.
  • (Mecklenburg) Thomas E. Frizzi, a licensed commercial pesticide applicator for Top Turf Lawn and Shrub Care in Charlotte, agreed to pay $2,100 after company employees dumped pesticides behind a home near a cell phone tower and nearby stream. The action violated several provisions of state law, including the provision prohibiting disposal of pesticides in a manner that injures plants or animals or pollutes water.
  • (Mecklenburg)  Jimell J. Davis, a licensed commercial pesticide applicator for the Mosquito Fighters in Charlotte, agreed to pay $1,000 for improperly applying an insecticide at a home, which resulted in pesticide drift that exposed a person, a plum tree and an asparagus garden in a neighboring yard. The application violated provisions of state law, including the provision that states no person shall apply pesticides under such conditions that drift from pesticide particles or vapors results in adverse effects.
  • (Nash) Carl W. Shelley, a licensed aerial pesticide applicator with Blue Water Helicopter Services in Galivants Ferry, S.C., agreed to pay $1,200 because pesticide applied during an aerial treatment of a clearcut forest drifted and caused damage to an adjacent forest property in Spring Hope. N.C. law states no person shall apply pesticides under such conditions that drift from pesticide particles or vapors results in adverse effects.
  • (Pitt) Christopher Owenby, a licensed pesticide dealer at Southern States of Farmville, agreed to pay $500 for improperly selling a soil fumigant to a private pesticide applicator who was not certified in the soil fumigation category at the time.
  • (Sampson) Kenneth L. Cain,  a private pesticide applicator in Garland, agreed to pay $1,000 for buying and applying restricted-use pesticides without a valid certification or license. Cain has since obtained certification.
  • (Sampson) Meherrin Agricultural & Chemical Co., a licensed pesticide dealer agreed to pay $1,200 for improperly selling restricted-use pesticides to someone without a valid certification or license.
  • (Union) Phillip B. Austin, a private pesticide applicator for Austin Grading and Farm Services in Wingate, agreed to pay $600 for improperly applying pesticides to a field resulting in drift damage to tomato, honeysuckle, hickory and other plants. The application violated provisions of state law, including the provision that states no person shall apply pesticides under such conditions that drift from pesticide particles or vapors results in adverse effects.
  • (Yadkin) Tracey Todd Price, a licensed pesticide dealer for S&H Farm Supply in Yadkinville, agreed to pay $1,000 for improperly selling restricted-use pesticides to someone without a valid certification or license.

                                                                  -bhh-

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