Aerial applicator wins case involving sulfur application
Haley Flying Service applied sulfur dust to a San Joaquin County vineyard that abuts a pasture. The pasture spans about half a mile before reaching a residence. Concerned that some of the sulfur drifted onto her property, the pasture’s owner notified local authorities, who tested samples fromthe pasture and con- cluded the aerial applicator caused some sulfur to drift on the pasture, though no person or animal was harmed. Thecountynotified thecompany in July 2019 that itwould impose fines inconnec- tionwith the sulfur application, saying the
aerial applicator violated state law by not using the pesticide according to the label because it failed to establish a buffer zone to prevent drift onto nontarget areas. The county argued that the label’s “such as” language was a “suggestive statement.” The aerial applicator challenged the decision—first in a hearing, then in an appeal to the DPR, contending the pas- ture was not the type of “sensitive area” that the label sought to protect. Though evidence established that no
ByChing Lee Farmers who apply sulfur to pro- tect crops against a range of pests and diseases may gain some clarity from a Sacramento County Superior Court de- cision about whether buffer-zone pro- tections provided to populated areas also extend to open pastureland. The short answer: No. In a ruling last month, the court re- jected a determination by the California Department of Pesticide Regulation that Haley Flying Service of Tracy applied sul- fur in conflict with the product’s label. At issue is the department’s interpre- tation of language on the pesticide label that instructs the applicator to “establish a buffer zone of enough distance to pre- vent drift onto non-target areas such as hospitals, clinics, schools, residential ar- eas and any other area designated by the county agricultural commissioner.” DPR determined the agricultural avia- tion company violated state law because it failed to provide a buffer zone to pre- Extra WIC benefits aim to boost use of fruits, vegetables To encourage people receiving food aid to purchase more fruits and vegetables, the U.S. Department of Agriculture has enacted a temporary increase in benefits under theSpecial SupplementalNutrition ProgramforWomen, InfantsandChildren. In California, the extra benefits will be- comeavailablenextmonth toparticipants in theWICprogram. The Amer i can Rescue Plan, the COVID-19 stimulus package that became law in March, includes $490 million that USDAsaidithadofferedtostates, tribalna- tions and territories. Themoney provides states the option to boost the cash-value voucher benefit “bymore than three times the current amount for up to four months toprovide additional relief during this dif- ficult time,” USDA said last week. The cash-value voucher allows partic- ipants to purchase fruits and vegetables as part of their WIC food package. The programprovides supplemental foodand other services towomen, infants andchil- drenuptoage5,whoareatnutritional risk. Under normal circumstances, USDA said, the monthly cash-value voucher totals $9 per child and $11 for pregnant, postpartum and breastfeeding women. The new lawallows state agencies to tem- porarily provide up to $35 per child and adult, permonth. “These additional funds will increase the purchasing power of WIC partici- pants so they can buy and consumemore healthy fruits and vegetables,” USDA said. The agency said California will dis- tribute the additional benefits from June through September.
vent drift to a nearby pasture. The company argued that the phrase “such as” limits the buffer-zone re- quirement to locations similar to those listed on the label—hospitals, schools, clinics and residential areas—unless expressly designated by a county agri- cultural commissioner. The case stems from April 2018, when
See CASE, Page 16
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May 5, 2021 Ag Alert 3
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