This action is a result of Worker Protection Standard inspections dated August 23, 2007 and December 13, 2007. Seventeen (17) counts of use of a registered pesticide inconsistent with its label.
Respondent's answer denied the violations, alleged that the farm ceased operation in August 2008, and claimed that the Respondent has inability to pay. ORC became aware of a lack of statutory grounds for previously filing the Complaint. The statutory basis for the Complaint was section 14(a)(2) of FIFRA, which states that any private applicator or other person who is not included in paragraph 14(a)(1) (ie., registrant, commercial applicator, distributor, among others) who violates any provision subsequent to receiving a notice of warning or following a citation for a prior violation, may be assessed a penalty of $1,000 (raised to $1,100). The Respondent is not a Âcommercial applicator under Section 14(a)(1) of FIFRA, because the use of the pesticides occurred on his own property, not the property of another person. The complaint, therefore, was withdrawn.