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PEP-Talk, September, 2005

Pesticide Education Program
Ohio State University Extension
Joanne Kick-Raack, State Coordinator
Cindy Folck, Communications
Vol. 9, Issue 8

In This Issue

New Educator Inservice

Feeling lost in the sea of Pesticide Applicator Training (PAT)? A half-day inservice is being planned for November 17 for new agriculture and natural resources extension educators to help prepare them for the upcoming pesticide training season. However, any educator or program assistant interested in reviewing the processes and requirements to conduct PAT programs is welcome to attend.

We will be covering the basic requirements for a pesticide license and recertification credits, how to apply for recertification credits and how to conduct training for private applicators. Diana Roll, Ohio Department of Agriculture, will be on hand to address educator questions and issues. Please contact Joanne at kick-raack.1@osu.edu or Cindy at folck.2@osu.edu to register. There is no charge for this session.

Commercial New Applicator School

Commercial applicators can attend a school designed to help them prepare for the licensing exam. The school will be held on October 11 at the Ohio Department of Agriculture in Reynoldsburg. The morning session will begin at 9:00 a.m. and focus on the core exam.

WPS Videos Available On Web

Video for Worker Protection Safety Training are available on the North Dakota Extension site. These videos can be viewed over the internet with a high speed connection. Growers who need a videotape copy for their worker protection training can order a videotape through Gempler’s (http://www.gemplers.com).

Other Worker Protection Standard (WPS) information is available on the OSU Pesticide Education Program website at http://pested.osu.edu . Follow the information link for “Agent Information.” Included is a WPS inspection checklist, an article with an overview of WPS and links to the EPA website. An updated “How to Comply” manual is scheduled to be released by EPA by winter.

Growers who are required to follow the WPS are farmers who employ workers other than immediate family who are working in crops that have had pesticides with WPS labeling applied within the last 30 days.

Court Case Involving PPE

A controversial court case involving pesticide labels is making its way through the federal courts. The case, “Wuebker vs. Wilbur-Ellis Co.” involves a farmer who used Agrox Premiere as a hopper-box seed treatment.

According to Pesticides & Toxic Chemical News, the farmer “argued that the product is defective because it is the same color as the soil where they live so it is impossible for someone to discern if they have the product or soil on their skin.” The suit claims the manufacturer had a defective design, breach of implied warranty of fitness for a particular use, break of implied warranty of merchantability and recklessness.” According to the suit, the farmer became sick as a result of using the product. The U.S. Court of Appeals for the 8th Circuit, ruled in favor of the farmer, a reversal of an earlier court decision. The case has been sent back for further review in the lower courts.

Wilbur-Ellis Co., the manufacturer of the product, had argued that the farmer did not follow label instructions that required the usage of personal protective equipment while using the product. After the ruling, CropLife America issued a statement that they were “gravely disappointed” that a court ruled in favor of a grower who ignored the label instructions. The CropLife America spokesperson noted that the pesticide label was developed specifically by the manufacturer and approved by the U.S. EPA as guidance for the safe and effective use of the product.

This ruling continues the controversy of the preemption of FIFRA (Federal Insecticide, Fungicide and Rodenticide Act). Early this year, the Supreme Court ruled that 29 peanut farmers in Texas could proceed with their lawsuit against Dow AgroSciences. The farmers claim that Dow failed to warn of possible crop damage risks of Strongarm, a herbicide used by the farmers in 2000. A lower court dismissed the farmers’ claim, reasoning that federal law bars states from imposing labeling requirements on pesticides other than those set by EPA. The Supreme Court decision opinion said the farmers’ claims could also involve questions of whether the product or manufacturing was defective.

(Sources: EPA Office of Pesticide Programs Update, August 25, 2005; Pesticide & Toxic Chemical News, Vol. 33, No. 44; EPA Office of Pesticide Programs Update, April 25, 2005.)

Ohio Legislation Passed Regarding Fertilizer and Seed

Counties, townships, towns and other political subdivisions in Ohio will not be able to enact or regulate legislations dealing with fertilizer or seed. This includes registration, packaging, labeling, transportation or distribution. The legislation was part of HB 66 (the Budget Bill) that was recently signed by Governor Taft. (Ohio AgriBusiness Association, July 17, 2005)

Pesticide Crop Watch

HERBICIDES

2, 4-D – EPA has released the reregistration eligibility decision (RED) for 2, 4-D. A common phenoxy herbicide used to control broadleaf weeds, 2, 4-D widely-used herbicide in agricultural and non-agricultural uses. EPA found no acute dietary (food risks) with 2, 4-D, but did have drinking water concerns with the chemical along with some concern for birds and some terrestrial mammals. EPA did not find any occupational risks to workers using 2, 4-D. The RED closes a 17-year investigation by EPA to any possible risks posed by the herbicide. EPA has determined that all products containing 2,4-D as the active ingredient are eligible for reregistration, with some changes to the label that reflect areas of concern. More information is available at: http://www.epa.gov/oppsrrd1/reregistration/24d/

DCPA (dacthal) – Some uses for DCPA have been terminated, including alfalfa, beans, chestnuts (soil treatment and nursery stock), crabapples (soil treatment and nursery stock), cucumber, eggplant, kale, peas, pepper, potatoes, residential uses (turf an ornamentals), squash (including pumpkins), sweet potatoes, walnuts (non-bearing and nursery stock). More information is available at: http://www.epa.gov/oppsrrd1/reregistration/dcpa/

(Source for Pesticide Crop Watch: EPA Office of Pesticide Programs Update, August 3, 2005.)

Upcoming Events

Wood Destroying Insect Inspection
September 28, 2005
9:00 a.m. – 4:00 p.m.
Taught at ODA in Reynoldsburg
Meets mandatory training requirement for Wood –Destroying Insect Inspection License

Commercial New Appicator Schools
October 11, 2005
9:00 a.m. – 4:00 p.m.
Taught at ODA in Reynoldsburg
Registration information at http://pested.osu.edu

PAT Agent Inservice
December 8 and 9, 2005
Agriculture Administration Auditorium
OSU Campus, Columbus

Ohio Commercial Recertifcation Schools
General Schools (turf, ornamental, industrial vegetation and pest control)
Akron – November 22, 2005
Perrysburg – December 17, 2005
Dayton – February 2, 2006
Columbus – February 23, 2006

Field Crop Conferences (agronomic pest control)
Lima – December 15, 2005
Columbus – February 8, 2006

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OSU Extension embraces human diversity and is committed to ensuring that all educational programs conducted by Ohio State University Extension are available to clientele on a nondiscriminatory basis without regard to race, color, age, gender identity or expression, disability, religion, sexual orientation, national origin, or veteran status. Keith L. Smith, Associate Vice President for Agricultural Administration and Director, OSU Extension TDD No. 800-589-8292 (Ohio only) or 614-292-1868

 

 

 

 
 

Pesticide Education Program • Ohio State University Extension
Phone: (614) 292-4070
E-mail: pested@postoffice.ag.ohio-state.edu