News & Observer | newsobserver.com |

Workers deny Ag-Mart sprayed them

- Staff Writer

Published: Thu, Nov. 06, 2008 12:30AM

Modified Thu, Nov. 06, 2008 02:04AM

Bookmark and Share
email this story to a friend E-Mail print story Print
Text Size:

tool name

close
tool goes here

Three current and former Ag-Mart workers said Wednesday that they were never exposed to pesticides on the company's farms in North Carolina.

State pesticide officials have accused Ag-Mart, which sells tomatoes in grocery stores across the country, of routinely forcing workers to labor in fields freshly sprayed with pesticides. One woman, who bore a child with no arms or legs, says the company's practices are the reason for her son's deformities.

But in a hearing Wednesday before the state Pesticide Board, the company brought workers who told a different story.

HISTORY OF CHARGES, SETTLEMENT

DECEMBER 2004-FEBRUARY 2005: Reports say three deformed babies are born to Ag-Mart workers. One has no arms and legs, one an underdeveloped jaw, and one is missing a nose, an eye and visible genitals, and dies within days.

APRIL 2005: The state begins investigating Ag-Mart at the request of the federal Environmental Protection Agency after news of the three babies is reported in Florida newspapers.

OCTOBER 2005: State pesticide officials cite Ag-Mart for 369 violations of N.C. pesticide law and fine the company $184,500, starting the largest pesticide case in state history.

DECEMBER 2006: Administrative Law Judge Beryl E. Wade recommends that the state throw out about two-thirds of the violations because they are based on documents that failed to prove the case.

OCTOBER 2007: Administrative Law Judge Joe L. Webster recommends all but 17 of the remaining violations be dropped and the fines be cut to no more than $6,000, saying the state did not prove its case.

FEBRUARY 2008: The state's Pesticide Board rejects the judge's recommendation and revives nearly all the charges in its case against Ag-Mart.

MARCH 2008: Ag-Mart agrees to pay for the lifelong care of Carlos Herrera Candelario, born without limbs in 2004 to one of the company's field hands. His parents claimed that frequent exposure to pesticides in Ag-Mart's fields during pregnancy caused the boy's deformity.

SEPTEMBER 2008: The Pesticide Board opens its hearings against Ag-Mart, getting testimony for the first time from Carlos' parents.

THIS WEEK: The board's hearings resume, with videotaped testimony from field workers defending Ag-Mart.

"That didn't happen," said former worker Sostenes Salazar, through an interpreter, when asked if she was sprayed or told to work in fields still wet with chemicals.

The board must now reconcile the conflicting stories from company workers and decide whether Ag-Mart is guilty of about 200 violations of worker safety laws. At stake are thousands of dollars in fines and the reputation of the international company, which sells tomatoes under the brand names Santa Sweets and Ugly Ripe.

The company employs hundreds of seasonal field hands in Brunswick County, as well as in Florida, New Jersey and Mexico.

Ag-Mart says it did not endanger its workers. Company officials say the state misinterpreted its records, which led to false charges.

In September, Francisca Herrera and Abraham Candelario, the parents of the limbless boy, testified that they were often doused with chemicals that made them sick while working for the company in North Carolina in 2004.

Ag-Mart paid a settlement to the couple earlier this year.

Salazar and another woman, Octaviana Cervantes, worked alongside Herrera and Candelario. In videotaped depositions played for the board Wednesday, they said they never saw pesticide sprayers nearby while they worked and were never sickened by chemicals. Both women have quit working for Ag-Mart, but said their husbands still work for the company.

Salazar's testimony was especially powerful, because she, too, was pregnant while working for Ag-Mart in 2004. She bore a child who was reported at the time to have a deformed jaw.

North Carolina officials began investigating Ag-Mart in April 2005 after hearing of three deformed babies born to Ag-Mart workers within six weeks of each other, including the children of Herrera and Salazar. The case has dragged on through years of legal wrangling.

Salazar's child, Jesus, now 3, appeared with her in the deposition video and showed no evidence of deformity. Salazar said he was healthy.

Enoc Villalobos, who continues to work as a pesticide sprayer for Ag-Mart, was the third worker who testified Wednesday. He said supervisors tell him not to spray near any workers, and they mark freshly sprayed fields with signs that warn "Do Not Enter."

kristin.collins@newsobserver.com or 919-829-4881

Get it all with convenient home delivery of The News & Observer.

No comments have been posted for this story. Log in to be the first to comment.
 

 

The News & Observer is pleased to be able to offer its users the opportunity to make comments and hold conversations online. However, the interactive nature of the internet makes it impracticable for our staff to monitor each and every posting.

Since The News & Observer does not control user submitted statements, we cannot promise that readers will not occasionally find offensive or inaccurate comments posted on our website. In addition, we remind anyone interested in making an online comment that responsibility for statements posted lies with the person submitting the comment, not The News and Observer.

If you find a comment offensive, clicking on the exclamation icon will flag the comment for review by the administrators, we are counting on the good judgment of all our readers to help us.