US: Santa Cruz organic farmer awarded $1 million for pesticide drift

Tag : Organic Chemicals
US: Santa Cruz organic farmer awarded $1 million for pesticidedrift

In a victory for the state's organic farmers, a Santa Cruz Countyjury has awarded a North Coast grower $1 million in damages afterdeciding a pesticide company violated the farmer's rights when itschemicals drifted with the fog onto his organic crops. JacobsFarms, which raises culinary herbs on about 120 acres in WilderRanch State Park, was preparing to leave the property if thechemical drift continued. Instead, the operation will stay, knowingarea farmers will need to be much more careful or risk paying bigfines, and organic farmers statewide now have a stronger case toseek redress should pesticides, even those applied properly, end upon their plants.

"I feel great. We were thrilled, very excited," said Brendan Miele,California production manager for Jacobs Farm, which grows inWatsonville, on the North Coast and in Pescadero. Lawyers for thedefendant, Western Farm Service of Fresno, said they might appeal."We feel this is going to impose a serious burden and concern tothe industry," said Western Farms attorney Dale Dorfmeier.

Larry Jacobs with Jacobs Farms filed the suit more than a year agoafter dill grown in 2006 on the Wilder land Jacobs rents from thestate tested positive for organophosphate pesticide residue.Because the residue involved is not legally allowed on those herbs organic or not  the entire $500,000 crop was lost that year. In2007, damages were estimated at more than $2 million, Miele said.

The pesticide at issue is regularly used on neighboring fields ofbrussels sprouts to fight cabbage maggots and other annoyances.Tests by the county Agricultural Commissioner's Office confirmedpesticide residue on the herbs, according to a report from thatoffice issued before the ruling. But under state code, a pesticidesprayer's responsibility to stop chemicals from drifting into otherfields ends after the pesticide is applied, the report said.

As the pesticide was applied properly and did not blow away duringthe application, the ag office found no violation on the part ofWestern Farm Services at that time.

Dorfmeier said the commissioner's office, not the jury that ruledon Friday, interpreted the law correctly. "What this jury decisionsays is, one that sells or applies this product is going to beresponsible for post-application movement of this material,regardless of whether it's under their control or not," Dorfmeiersaid. "This is movement by wind or fog lift off that happens daysor weeks after we do a safe application."

Assemblyman John Laird, D-Santa Cruz, who has supported JacobsFarms' efforts, was happy to hear of the ruling on Monday. "Weworked hard with the county ag commissioner and many interestedparties to try to address the issue of pesticide drift and organicfarms," Laird said. "Between those efforts and this lawsuit, thehope is that drift will be taken much more seriously in thefuture."


Source: mercurynews.com

Publication date: 10/2/2008