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Ag-Mart, the company accused of hundreds of pesticide violations that might have caused birth defects in its workers' children, has again failed to protect employees who work with dangerous chemicals, state agriculture officials say.Late last month, the state Department of Agriculture's pesticide section issued a new notice of violation against the Florida-based company, which grows hundreds of acres of grape tomatoes in southeastern North Carolina.The notice charges that workers using methyl bromide -- a gas injected into soil to kill insects, weeds, rodents and diseases and that can have severe health effects on humans -- did not have proper training or safety equipment. It fined the company $3,000 for violating six pesticide laws.Company spokesman Leo Bottary declined to comment.State pesticide enforcement manager Pat Jones said he did not know whether Ag-Mart would contest the fine or pay it.The charges stem from a worker's complaint in March that he was refused protective gear while he worked with chemicals that burned his skin and eyes. Carol Brooke, a lawyer with the N.C. Justice Center, which advocates for the poor and represents some Ag-Mart employees, called state officials on the worker's behalf. Brooke said the worker wanted to remain anonymous.According to the violation notice, the farm where workers were using methyl bromide did not have respirators or properly labeled water to be used in case of overexposure to the chemical, which has been linked to cancer in farmworkers. Those using the chemical had not had training, and one was wearing gloves while using it. The pesticide's label warns that gloves can trap the chemical and cause skin injury, the notice says.Ag-Mart employs hundreds of seasonal workers on two large farms in Brunswick and Pender counties.Last fall, state officials charged the company with 369 violations of pesticide law. Inspectors say the company failed to train employees who worked with pesticides, including some that cause birth defects and several that the Environmental Protection Agency says are extremely hazardous to human health.According to that violation notice, Ag-Mart managers had employees working in freshly sprayed fields that weren't safe to re-enter for up to two days. Workers did not have safety equipment or water to rinse their eyes, it says.State officials imposed a record $184,500 fine.The company is contesting the violation, saying that the state misinterpreted its pesticide application records. A hearing before an administrative law judge is set for Aug. 28, but Jones said that it might be delayed. Bottary, the Ag-Mart spokesman, said the state, not the company, wanted the delay.Ag-Mart also faces sanctions in Florida and New Jersey, where it grows tomatoes. And it faces a lawsuit from a former field hand who, after working in Ag-Mart's fields during pregnancy, bore a child with no arms or legs in December 2004.Two other women who worked for the company during pregnancy gave birth to deformed babies about the same time. They have not sued.Ag-Mart is part of a conglomerate that sells produce all over the world. Its grape tomatoes are sold under the brand name "Santa Sweets." They are also packaged under grocery store labels.Brooke said she has little faith that this most recent sanction will change the company's practices. She asked why the state has not moved to suspend the pesticide applicator's license held by Ag-Mart manager Jeffrey Oxley, named in both violation notices."It's not enough of a deterrent," Brooke said of the fine. "Clearly, even $184,000 wasn't enough to deter them from violating the law again."Bottary would not make Oxley available for comment.
Staff writer Kristin Collins can be reached at 829-4881 or kcollins@newsobserver.com.