News & Observer | newsobserver.com | Pesticide reforms modest, thrifty

Published: Jul 15, 2008 12:30 AM
Modified: Jul 15, 2008 01:41 AM

Pesticide reforms modest, thrifty

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MONEY FOR PESTICIDE PROGRAMS

The state budget included $357,055 in new support for four pesticide programs. The money will go to:

* Division of Public Health; $129,140 to continue tracking pesticide poisoning cases in North Carolina.

* N.C. State University Cooperative Extension; $66,389 to hire a bilingual worker to help with farmworker training.

* Department of Agriculture; $104,256 to develop a data-tracking system and hire a quality-assurance manager in the pesticide section.

* Office of Rural Health and Community Care; $57,270 for an outreach worker to help with farmworker training.

PESTICIDE REFORMS

A bill passed by the state legislature contains three reforms:

* Employers are barred from firing or retaliating against employees who report pesticide violations.

* All records of pesticide applications must be kept for two years.

* Records must include the exact time that pesticides were sprayed, so state inspectors can calculate when it is safe for workers to enter fields.

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Farmworker advocates hoped huge reforms were on the horizon in January, when Gov. Mike Easley appointed a task force on preventing pesticide exposure.

But as the legislative session winds down, lawmakers have funded only a handful of the reforms that the task force suggested to keep the state's tens of thousands of farmworkers from being exposed to toxic chemicals. Lawmakers budgeted just over $350,000 for pesticide initiatives, less than a quarter of the $1.6 million the task force recommended.

"It's a little sliver of what's needed," Fawn Pattison, head of the anti-pesticide group Toxic Free N.C., said of the legislature's action. "But I think it's the best that was possible in this atmosphere in the legislature, which is dominated by business."

The task force's recommendations were a response to the state's case against tomato grower Ag-Mart, which is accused of forcing its employees to work in fields with freshly sprayed pesticides. Some workers allege the exposures caused birth defects in their babies.

Ag-Mart employs several hundred field hands at its farm in Brunswick County. The state Department of Agriculture fined Ag-Mart in 2005, and Ag-Mart's attorneys are now fighting the state in Wake Superior Court.

The money in this year's budget will only partly address the problems that have made it difficult for the state to punish Ag-Mart.

It will allow the state to continue tracking pesticide poisoning cases, a program that was run for the past year with federal funding. It will also fund the positions of two new state employees who will train farmworkers on proper pesticide use.

A separate bill, passed last week, will enact a few reforms that address the Ag-Mart case more directly. The company is accused of firing one worker who talked to state pesticide investigators. The company also recorded only approximate times when pesticides were applied, making it difficult to know when it was safe for workers.

The bill outlaws retaliation against employees who complain about pesticide violations. It also strengthens record-keeping requirements for farms that use pesticides, insisting that they log the exact times of application and keep records for two years.

State Health Director Leah Devlin, who headed the task force, said that the reforms were less than the group's members wanted but that they are still significant improvements.

Workers didn't get the right to complain about pesticide violations confidentially. And the state didn't address a pesticide regulation that has hamstrung the state as it attempts to go after Ag-Mart. The law says that a violation of pesticide violation must be "willful" to warrant punishment; Ag-Mart has claimed it was ignorant of the law and therefore can't be fined for violating it.

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