Tree Damage From Crop Spraying

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That's good to know. It's been 30 years ago so maybe there was more to the mix than I remember. Farmers have access to a lot of chemicals and it is possible that he spiked it with something. I know a framer who used Chlordane to kill Coronado potato beetles on his potatoes in his home vegetable garden for years after it was banned because he had a lot left over from farming. He just passed away a year or so ago at age 93. He would spray a strip along his garage door bottom and it would kill everything that crossed that line for years.
I miss Chlordane….
 
I know of a guy that still has a barrel of DDT. I'll bet it still works, too.
Or so the rumor goes...

Funny thing is, I believe that it is still legal to apply as instructed on the label. Most products are banned for sale or resale, but remain legal to be applied according to the original label.
And DDT…..last time I looked, the death count from banning it was over 100 million people…..
 
The farms were there before the homes in this case too….I can’t understand how people don’t understand they are moving next to a farm….
The farmer is still responsible for keeping their product from impacting off target plants. There are also plenty of cases where one farmer is impacted by another as well...
 
The farmer is still responsible for keeping their product from impacting off target plants. There are also plenty of cases where one farmer is impacted by another as well...
Exactly.
This must be the case my cousin told me about:
"OMAHA (DTN) -- A northeast Arkansas cotton, soybean and corn farmer was shot to death Thursday afternoon, allegedly over an argument about dicamba herbicide drift."
https://www.dtnpf.com/agriculture/web/ag/news/article/2016/10/28/confrontation-herbicide-drift-leads
And what reasonable unsuspecting person would think that living near a farm would be harmful?
I know I never did and I've been here 29 years.

Idk what "case" VF was referring to but in my case, my ancestors were some who settled this area back in the day. My 2.5 acres was a more recent (100 years ago) addition to the original farm across the street.
My grandfather raised cattle across the street and they lived here.
I can't say positively, but pretty sure the land around this house was always row-cropped... and the homes were built by the farmers.
My grandparents lived into their 90s and my oldest uncle, who was raised in this house recently died @ 101.
Back in the day, they tilled the land.
I just did a quick search and they started using chemicals in the 1930s.
Heck, when I moved here 29 years ago, they were still tilling around here. I know because hunting arrowheads was a thing to do after tilling and a good rain.

I have a question: in Dels story, IF it was Round-up and IF the farmer followed directions on the label, then who is at fault for damaging the apple orchard? Does the label not take into consideration temp. humidity, and wind velocity when specifying when to spray?
Just like what happened around here, and in your area - it seems unlikely that ALL of the farmers neglected to follow instructions. Why is there so much more damage to non-target areas this year if farmers are following directions?
 
The farmer is still responsible for keeping their product from impacting off target plants. There are also plenty of cases where one farmer is impacted by another as well...
None around here…and there are hundreds of farms….

your first point is ridiculous…..the farmer isn’t going to hurt his plants….
 
Finally, something about drift and the law...

"The absence of national standards for pesticide drift has resulted in a crazy-quilt pattern of state regulation. The last serious attempt to review these regulations was made almost fIfteen years ago. 1 Over the ensuing years some states have changed their regulation of drift dramatically and some not at all. What has not changed is the lack of uniformity. State tort law governing pesticide drift shows the same lack of uniformity demonstrated by state statutes and regulations.2 This lack of uniformity in pesticide regulation has increased in recent years as local governments attempt to regulate pesticides used within their borders. Lack of uniformity in pesticide regulation imposes substantial economic burdens on the pesticide production, distribution, and user communities, and fails to address the health risks to the general public in a comprehensive and scientifIcally supportable manner."
https://www.sjcl.edu/images/stories/sjalr/volumes/V09N1A2.pdf
?No mention of TN.


https://www.sciencedirect.com/science/article/pii/S0160412019314898
 
None around here…and there are hundreds of farms….

your first point is ridiculous…..the farmer isn’t going to hurt his plants….
NJ?

"The record on this appeal shows that Larchmont, a New Jersey based corporation engaged in the business of growing agricultural products, operated a peach orchard on Route 540 in Upper Deerfield, New Jersey. On June 28, 1989, DEPE inspectors Daniel Russell and Thomas Kosinski were conducting a routine inspection at the peach orchard when they observed the pesticide Parathion, which is classified as highly toxic, see 40 C.F.R. 156.10(h); N.J.A.C. 7:30-9.13(c) and (d), being applied to the crops in an unlawful manner. When the inspectors arrived at the farm, they noticed a fire truck that had been converted for use in pesticide application parked on the side of the road. Defendant Andre Ureno, a pesticide operator employed by Larchmont, was near this vehicle mixing Parathion in plastic milk and coke containers, without a respirator or safety goggles, in violation of N.J.A.C. 7:30-9.5(c) and N.J.A.C. 7:30-10.3(a). Ureno worked under the supervision of Haines, who was employed by Larchmont as a manager and a certified and registered private pesticide applicator."
"The inspectors then observed a tractor engaged in pesticide application in the nearby orchard. The inspectors witnessed defendant Armando Gonzales, another Larchmont employee who was operating the tractor, exit from a row of peach trees approximately fifty yards west of where the inspectors were standing, and make a right turn to enter down the next row without turning off the spraying mechanism. Pesticide spray drifted from the tractor *20 onto both inspectors and their car. Laboratory testing on samples from the car and the inspectors' bare arms confirmed that they were sprayed with Parathion."
https://law.justia.com/cases/new-jersey/appellate-division-published/1993/266-n-j-super-16-1.html
 
Finally, something about drift and the law...

"The absence of national standards for pesticide drift has resulted in a crazy-quilt pattern of state regulation. The last serious attempt to review these regulations was made almost fIfteen years ago. 1 Over the ensuing years some states have changed their regulation of drift dramatically and some not at all. What has not changed is the lack of uniformity. State tort law governing pesticide drift shows the same lack of uniformity demonstrated by state statutes and regulations.2 This lack of uniformity in pesticide regulation has increased in recent years as local governments attempt to regulate pesticides used within their borders. Lack of uniformity in pesticide regulation imposes substantial economic burdens on the pesticide production, distribution, and user communities, and fails to address the health risks to the general public in a comprehensive and scientifIcally supportable manner."
https://www.sjcl.edu/images/stories/sjalr/volumes/V09N1A2.pdf

https://www.sciencedirect.com/science/article/pii/S0160412019314898
We need to ban wind…
 
PA?

"Pennsylvania requires applicators of restricted use pesticides on a right-of-way to give the public prior notification by publication or by direct notice to adjoining residents along the right-of-way.321 Any commercial applicator making a pesticide application to any nonagricultural site must individually notify each person residing on property adjacent to the target.322 Pennsylvania maintains a registry of pesticide-sensitive individuals.323 Prior to any commercial or public pesticide application, the person responsible for the application must notify each person on the registry who lives within 500 feet of the target site.324 Pennsylvania additionally requires that "significant pesticide accidents or incidents" be reported to the Department of Agriculture.325 The regulations define a significant accident or incident as one "involving a pesticide which creates a danger to human beings or results in damage to plant or animal life. "326"
 
PA?

"Pennsylvania requires applicators of restricted use pesticides on a right-of-way to give the public prior notification by publication or by direct notice to adjoining residents along the right-of-way.321 Any commercial applicator making a pesticide application to any nonagricultural site must individually notify each person residing on property adjacent to the target.322 Pennsylvania maintains a registry of pesticide-sensitive individuals.323 Prior to any commercial or public pesticide application, the person responsible for the application must notify each person on the registry who lives within 500 feet of the target site.324 Pennsylvania additionally requires that "significant pesticide accidents or incidents" be reported to the Department of Agriculture.325 The regulations define a significant accident or incident as one "involving a pesticide which creates a danger to human beings or results in damage to plant or animal life. "326"
What does the PA government farm on the right-of-ways?
 
Found something useful?

:(b) Standards of competency. Applicators must demonstrate a practical knowledge of: the crops on which the applicator may be using restricted use pesticides and the pests incident to those crops; soil and water problems; pre-harvest intervals; re-entry intervals; phytotoxicity; potential for environmental contamination; non-target injury; and community problems resulting from the use of restricted use pesticides in agricultural areas"

https://publications.tnsosfiles.com/rules/0080/0080-09/0080-09-02.20180723.pdf
Oh. UT extension service issues certifications.
That's the man I talked to who told me to talk to the DoA.
 
PA?

"Pennsylvania requires applicators of restricted use pesticides on a right-of-way to give the public prior notification by publication or by direct notice to adjoining residents along the right-of-way.321 Any commercial applicator making a pesticide application to any nonagricultural site must individually notify each person residing on property adjacent to the target.322 Pennsylvania maintains a registry of pesticide-sensitive individuals.323 Prior to any commercial or public pesticide application, the person responsible for the application must notify each person on the registry who lives within 500 feet of the target site.324 Pennsylvania additionally requires that "significant pesticide accidents or incidents" be reported to the Department of Agriculture.325 The regulations define a significant accident or incident as one "involving a pesticide which creates a danger to human beings or results in damage to plant or animal life. "326"
Key words are commercial and non agricultural. I'm thinking like the spraying of roadsides which they do a lot of here. I do put up No Spray signs along my couple hundred feet of property that adjoins the road because of having produce in the field next to the road.
 
I was about to write this off as useless... they saved it for the very last:

0080-09-02-.13 DICAMBA. (1) Scope. This rule applies to any person who makes or causes a row crop application of dicamba. Provisions of this rule are made in addition to all other definitions and requirements for the sale and application of pesticides under the Act, its corresponding regulations, and associated product labels. (2) Definitions. When used in this rule, unless the context requires otherwise: (a) Dicamba means 3, 6-Dichloro-2-methoxybenzoic acid; 3-6-Dichloro-o-anisic acid; or any pesticide containing either substance in a concentration greater than or equal to 6.5%; and, (b) Row crop application means for production of cotton or soybeans in commerce. (3) Application.
(a) A person shall not make a row crop application of dicamba before 7:30 a.m. or after 5:30 p.m. local time for the application site. (b) Between May 15 and October 1, a person shall not make a row crop application of dicamba unless the dicamba product is labeled for in-crop use. (4) Records. Any person who makes or causes a row crop application of dicamba shall keep records of the application as required under 0080-09-02-.07. (5) Violations. (a) Each acre where dicamba is applied in violation of the Act, its corresponding regulations, or this rule shall constitute a separate violation. (b) A person is responsible for violations when committed by either the person or his agent. (c) Each violation is grounds for denial or revocation of any certificate, license, or charter issued under the Act; actions for injunction; assessment of civil penalties up to $1500 per violation; and imposition of criminal charges against the violator.


Other than Dicamba info, this is useless.
So the only regulations for TN pesticide application is certification by the extension agent?
Renewable every three years?
 
Found something useful?

:(b) Standards of competency. Applicators must demonstrate a practical knowledge of: the crops on which the applicator may be using restricted use pesticides and the pests incident to those crops; soil and water problems; pre-harvest intervals; re-entry intervals; phytotoxicity; potential for environmental contamination; non-target injury; and community problems resulting from the use of restricted use pesticides in agricultural areas"

https://publications.tnsosfiles.com/rules/0080/0080-09/0080-09-02.20180723.pdf
Oh. UT extension service issues certifications.
That's the man I talked to who told me to talk to the DoA.
Farmers don’t give a crap about any of that…they won’t waste a drop on anything but their crops…..
 

Are there any regulations for pesticides usage?​

Yes. The Tennessee Department of Agriculture (AG) works to preserve the quality of agricultural inputs and outputs to protect consumers and maintain a fair marketplace. Their Pesticide Section works with commercial and private applicators, pesticide manufacturers and dealers, structural pest control operators, farmers, landscapers and others to ensure regulations are followed for public safety. TDA’s Pesticide Section also registers pesticides and applicators. TDA will accept written requests to investigate the misuse or misapplication of pesticides.
https://www.tn.gov/health/cedep/environmental/environmental-health-topics/eht/pesticides.html
Back to square one. :rolleyes:

You know what.
I'm half tempted to just say F it.
And if everything in my yard dies, I'll leave it stand where it is as monuments to herbicide poisoning.

Later. I've still got grass to mow
 
NJ?

"The record on this appeal shows that Larchmont, a New Jersey based corporation engaged in the business of growing agricultural products, operated a peach orchard on Route 540 in Upper Deerfield, New Jersey. On June 28, 1989, DEPE inspectors Daniel Russell and Thomas Kosinski were conducting a routine inspection at the peach orchard when they observed the pesticide Parathion, which is classified as highly toxic, see 40 C.F.R. 156.10(h); N.J.A.C. 7:30-9.13(c) and (d), being applied to the crops in an unlawful manner. When the inspectors arrived at the farm, they noticed a fire truck that had been converted for use in pesticide application parked on the side of the road. Defendant Andre Ureno, a pesticide operator employed by Larchmont, was near this vehicle mixing Parathion in plastic milk and coke containers, without a respirator or safety goggles, in violation of N.J.A.C. 7:30-9.5(c) and N.J.A.C. 7:30-10.3(a). Ureno worked under the supervision of Haines, who was employed by Larchmont as a manager and a certified and registered private pesticide applicator."
"The inspectors then observed a tractor engaged in pesticide application in the nearby orchard. The inspectors witnessed defendant Armando Gonzales, another Larchmont employee who was operating the tractor, exit from a row of peach trees approximately fifty yards west of where the inspectors were standing, and make a right turn to enter down the next row without turning off the spraying mechanism. Pesticide spray drifted from the tractor *20 onto both inspectors and their car. Laboratory testing on samples from the car and the inspectors' bare arms confirmed that they were sprayed with Parathion."
https://law.justia.com/cases/new-jersey/appellate-division-published/1993/266-n-j-super-16-1.html
None around here…and there are hundreds of farms….
It happens in NJ... and if you're in PA there are actually 52k farms, not "hundreds."
https://www.nature.org/en-us/about-...states/pennsylvania/pennsylvania-agriculture/
...and Penn State Extension seems to think it's a problem
https://extension.psu.edu/herbicide-injury-to-corn-and-soybean-a-review
 
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