Case Continued from Page 3
the company pro bono because he him- self is an owner of a vineyard in Gilroy, and he thought DPR’s position “outra- geous” and “absurd.” He said he was also “alarmed” to learn the state had taken similar actions “with great frequency” against other farmers in Sonoma, Kern and Fresno counties; those farmers sim- ply paid the fines. “My client and the whole industry for three years have been under this cloud because of improper enforcement by the Department of Pesticide Regulation,” said Khanna, who serves on the Santa Clara County FarmBureau board. DPRspokeswomanAbbottDutton said the department is reviewing the ruling and that no decision has been made on whether to appeal the decision.
Gary del Carlo, owner of Haley Flying Service, said he decided to challenge DPR “to bring some sensibility to their actions,” especially over an application that was made strictly in farmland and that did no harm to the pasture. “We just didn’t go out and make an application without any consideration for neighbors or sensitive areas,” he said. Del Carlo said he was also concerned that if he had let the decision stand, agri- cultural use of sulfur, whether by air or by ground, would be prohibited in the state. That would have major implications for not just vineyards but for all types of ag- ricultural applications. Sulfur, he noted, is a naturally occurring substance and one of only a fewpesticides approved for organic production. SocietyofAgronomy for thenewCalifornia Nitrogen Management Specialty Exam,” UC said. The course topics and release dates include: • Environmental impacts of nitrogen losses, May 10. • Nitrogen cycling soil transformations, May 17. • Nitrogen cycling plant utilization, May 24. • Nitrogen sources, May 31.
Sheila Barry, a livestock and natu- ral resources advisor for University of California Cooperative Extension, said sulfur is a requirednutrient for cattle, and on pastures, fertilization with nitrogen and sulfur may be beneficial. Khanna said he thinks DPR has done “a big disservice” by going after Haley Flying Service, which “did everything by the book,” for sulfur application that left only trace amounts on the pasture and over a “very benignpesticide” that is con- sidered ecologically friendly. “They went and took a politically pop- ular position that makes no scientific sense whatsoever,” he said. (ChingLeeisanassistanteditorofAgAlert. Shemaybe contactedat clee@cfbf.com.)
hospitals, clinics, schools or residential areas existedwithin the sampledpasture, both the hearing officer and DPR adopt- ed the county’s view that thephrase “such as” was suggestive only, and determined Haley Flying Service had applied sulfur in conflict with the label. The company was fined $700. In its appeal to the county Superior Court, Haley Flying Service argued that DPR misconstrued the product label to prohibit drift onto any and all nontarget locations. The court agreed, rejecting DPR’s in- terpretation of the label as “clearly erro- neous,” and said the label “plainly advises that buffer zones are not required for all nontarget areas.” “If the case were otherwise,” the rul- ing said, “there would be no need for county commissioners to designate any locations. Nor would the enumerated locations serve any purpose. Indeed, an interpretation requiring buffer zones for all nontarget locations would mislead users rather than inform them.” Because the county agricultural com- missioner did not designate the pasture as a sensitive area, and because the pas- ture is not akin to ahospital, clinic, school or residential area, the court concluded DPR’s interpretation of the label “consti- tuted an abuse of discretion.” The attorney for Haley Flying Service, DhruvKhanna, saidhedecided todefend
UC offers video course on manging nitrogen Registration is available for aUniversity of California video course on nitrogen management that begins next week. • Nitrogen budgeting, June 7. • Irrigation and nitrogenmanagement, June 14.
The seven-part course will be taught by UC researchers and extension specialists. UC said the course will be open to any- one interested in nitrogen management or seeking certified crop advisor continu- ing-education units related to nutrient or soil andwatermanagement. “Thecurriculumaddressesall the learn- ing objectives set forth by the American
• California cropping systems, June 21. Registrat ion for the course costs $120, with a 50% discount available for students. Registration will remain available through July 31, and course content will remain available through Sept. 30. To register or for more information, see ucanr.edu/NitrogenCourse.
CALIFORNIA IRRIGATION MANAGEMENT INFORMATION SYSTEM CIMIS REPORT | www.cimis.water.ca.gov
For the week April 22 - April 28, 2021 ETO (INCHES/WEEK)
YEAR
3.0
THIS YEAR
2.5
LAST YEAR AVERAGE YEAR
2.0
1.5
1.0
0.5
0.0
MACDOEL II (236)
BIGGS (244)
DAVIS (06)
MANTECA (70)
FRESNO (80)
SALINAS-SOUTH (214)
FIVE POINTS (2)
SHAFTER (5)
TEMECULA (62)
IMPERIAL (87)
THIS YEAR LAST YEAR AVG. YEAR % FROM AVG.
1.06 1.20 1.24 -14
1.28 1.59 1.44 -10
1.48 1.95 1.62 -8
1.41 1.65 1.44 -2
1.34 1.71 1.33 1
1.36 1.67 1.45 -6
1.36 1.70 1.41 -4
1.19 1.64 1.18 0
.79 1.44 1.23 -36
1.81 1.89 1.89 -4
W eekly reference evapotranspiration (ETo) is the rate of water use (evapotranspiration—the sum of soil evaporation and crop transpiration) for healthy pasture grass. Multiplying ETo by the appropriate “crop coefficient” gives estimates of the ET for other crops. For example, assume ETo on June 15 is 0.267 inches and the crop coefficient for corn on that day is 1.1. Multiplying ETo by the coefficient (0.26 inches x 1.1) results in a corn ET of 0.29 inches. This
information is useful in determining the amount and timing of irriga- tion water. Contact Richard Snyder, UC Davis, for information on coefficients, 530-752-4628. The 10 graphs provide weekly ETo rates for selected areas for average year, last year and this year. The ETo information is provided by the California Irrigation Management Information System (CIMIS) of the California Department of Water Resources.
For information contact the DWR district office or DWR state headquarters:
SACRAMENTO HEADQUARTERS: 916-651-9679 • 916-651-7218
NORTHERN REGION: Red Bluff 530-529-7301
NORTH CENTRAL REGION: West Sacramento 916-376-9630
SOUTH CENTRAL REGION:
SOUTHERN REGION:
Fresno 559-230-3334
Glendale 818-500-1645 x247 or x243
16 Ag Alert May 5, 2021
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