Board revives pesticide case

Tomato grower Ag-Mart will face a new hearing this summer to determine whether it exposed its field workers to toxic chemicals in pesticides sprayed on crops.

The state pesticide board voted Tuesday to hear evidence on the charges in July, prolonging a case that has already stretched over three years.

Ag-Mart, a Florida company that grows grape tomatoes in Brunswick County, was charged in 2005 with 369 violations of state pesticide law, touching off the largest pesticide prosecution in state history.

State investigators say the company forced workers to illegally labor in fields freshly sprayed with chemicals, some of which were linked to birth defects and other serious side effects. One of Ag-Mart's former workers, who gave birth to a child with no arms and legs, is now suing the company.

Ag-Mart officials say they never illegally exposed workers. They say that state investigators misread its work records, a misunderstanding that led to hundreds of false charges.

Two judges have agreed with the company's argument, recommending that all but 17 of the charges be dropped and fining the company $6,000. The judges were asked by the pesticide board to hear the case when the board said the case was too complicated for it to handle.

On Tuesday, the pesticide board largely rejected the judges' recommendations and resurrected the case.

The board voted to fine the company $21,000 for 42 violations, which included improper use and storage of pesticides, and to revoke the pesticide applicator license of Ag-Mart manager Jeffrey Oxley.

Members also agreed to hold their own hearing on 202 of the most serious charges, all of which involve employee exposure.

Lawyers for Ag-Mart said they haven't decided whether to fight the fine, and they said they were surprised by the board's decision to hold another hearing on a case that has been examined by two judges.

"They said before that they weren't qualified to sort through days worth of evidence," said Mitch Armbruster, a Raleigh lawyer who represents Ag-Mart. "Now they're going to hold the hearing themselves. I'm a little perplexed."