Alfred Carrol Smith, Pesticide Misuse, KY 2004

Frankfort, KY – Alfred Carrol Smith of Kentucky was sentenced in February 2004 after pleading guilty to illegally using a restricted-use pesticide in a manner that posed risks to wildlife and violated federal law. The case, investigated by the Environmental Protection Agency (EPA), highlights the dangers of improper pesticide application and the agency’s commitment to enforcing regulations designed to protect the environment and public health.

According to court documents, Smith intentionally misused carbofuran, a highly toxic pesticide, by coating deer carcasses with the substance and placing them on or near his property. Carbofuran is a restricted-use pesticide, meaning its application is tightly controlled due to its potential harm to humans, non-target organisms, and the environment. The EPA alleges Smith’s actions were a deliberate attempt to control predators, but the method employed was explicitly prohibited by the pesticide’s labeling and federal regulations.

The investigation began following reports of animal deaths in the area. Authorities discovered the treated carcasses and traced them back to Smith. The use of poisoned carcasses presents a significant secondary poisoning risk, as scavengers and predators consuming the remains can suffer fatal consequences. This practice also violates protections afforded to migratory birds under federal law.

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Legal Ramifications

Smith was initially charged with two counts on December 3, 2003. The first count violated the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) – specifically 7 U.S.C. §136l(b)(2) and 7 U.S.C. §136j(a)(2)(G) – for using a registered pesticide in a manner inconsistent with its labeling. The second charge stemmed from a violation of the Migratory Bird Treaty Act (16 U.S.C. §703 and 16 U.S.C. §707(a)).

On February 5, 2004, Smith entered a guilty plea to the FIFRA violation. As part of the sentencing, he was ordered to pay a $500 federal fine. The charge under the Migratory Bird Treaty Act was subsequently dismissed. While the fine represents a relatively minor penalty, the case serves as a warning that the EPA actively investigates and prosecutes individuals who disregard pesticide regulations.

Key Facts

Defendant: Alfred Carrol Smith
State: Kentucky
Year: 2004
Pesticide: Carbofuran (restricted-use)
Method of Misuse: Coating deer carcasses with carbofuran and placing them on/near property.
Laws Violated: 7 U.S.C. §136l(b)(2), 7 U.S.C. §136j(a)(2)(G), 16 U.S.C. §703, 16 U.S.C. §707(a)
Penalty: $500 federal fine

The EPA continues to emphasize the importance of following pesticide label instructions and adhering to all applicable regulations. Improper pesticide use not only endangers wildlife but also poses risks to human health and the environment. Citizens are encouraged to report suspected violations to the EPA’s enforcement hotline.

Source: EPA ECHO Enforcement Case Database

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