Ag Companies in Salinas Pay $110,000 for Pesticide- Related Violations

MONTEREY, California – Monterey County District Attorney Jeannine M. Pacioni announced on Tuesday, August 17 that the DA Environmental Protection Unit entered into a stipulated judgment with Norcal Harvesting, LLC, Bay View Farms, LLC, and R & T Farms all in Salinas (collectively, “Defendants”) for alleged pesticide-related violations occurring on August 26, 2017. These alleged violations included failing to notify employees of the location of a pesticide buffer zone and failing to take employees to a physician immediately after they were potentially exposed to pesticides within a buffer zone. The stipulated judgment is a settlement of these claims and requires that the Defendants pay a total of $110,000 in civil penalties and costs, and includes an injunction prohibiting future similar violations. On August 26, 2017, at 6:00 a.m., a chemigation application of Tri-Form 80 EC Fumigant (with active ingredients Chloropicrin and 1,3 Dichloropropene) began on Bay View Farms’ Duncan Ranch, which required a 30-foot buffer zone between the treated area and any persons. This buffer zone extended into hoop houses on the neighboring R & T Farms’ Duncan Ranch, and was marked with signage at the required intervals. However, employees of Norcal Harvesting could not see the signage, and stated that they had not otherwise been notified of the buffer zone. After the pesticide application, approximately eight employees unknowingly entered the buffer zone, developed eye irritation, and felt a “stinging” and “burning” feeling in their eyes. California’s worker safety laws require that an employer notify employees of the existence of pesticide buffer zones. Additionally, employers are required to immediately take employees to a physician when: (1) there are reasonable grounds to suspect that an employee has a pesticide illness; and (2) when an exposure to a pesticide has occurred that might reasonably be expected to lead to an employee’s illness. The Agricultural Commissioner’s Office investigated this incident and referred this matter to the District Attorney’s Office as a “priority investigation,” as it is required to do when five or more people become ill. Norcal Harvesting, Bay View Farms, and R & T Farms cooperated with the District Attorney’s Office during its investigation into this matter.