HOUMA, Louisiana – A Louisiana man was sentenced in April 2006 after pleading guilty to illegally diverting and reselling a commonly used herbicide, according to federal court records. Barry Schexnayder, along with co-defendants Carroll Schexnayder and Sterling, engaged in a scheme to intercept Round-Up herbicide destined for a landfill and then sell it to sugarcane farmers throughout the state.
The investigation, led by the Environmental Protection Agency’s (EPA) Criminal Investigation Division, revealed that the defendants were essentially taking waste product – herbicide no longer suitable for its original intended purpose – and unlawfully introducing it into the agricultural supply chain. This practice not only violated federal law but also posed potential risks to crops, the environment, and potentially, public health.
The scheme began to unravel in November 2005 when all three men were formally charged with one count each of violating the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) – specifically, 7 U.S.C. 136j (a)(1)(A), which prohibits the unlawful sale of a pesticide. The diverted Round-Up was reportedly being obtained from a landfill, suggesting a deliberate attempt to bypass regulatory oversight and profit from what would otherwise be discarded as unusable.
Each of the defendants quickly entered guilty pleas. Carroll Schexnayder pleaded first on December 13, 2005, followed by Barry Schexnayder and Sterling on December 15, 2005. The EPA’s focus on enforcement of FIFRA demonstrates a commitment to safeguarding the nation’s pesticide supply and ensuring that agricultural chemicals are handled responsibly.
Sentencing & Penalties
On April 13, 2006, Barry Schexnayder and Carroll Schexnayder each received a sentence of 24 months of probation, a $25 special assessment fee, and a $5,000 federal fine. Sterling received a similar sentence of 24 months probation, along with the $25 assessment. While the sentences weren’t lengthy incarcerations, the fines and probationary periods serve as a deterrent to others considering similar illegal activities.
The case highlights the ongoing efforts of the EPA to combat pesticide fraud, which can have far-reaching consequences. Illegally diverted or mislabeled pesticides can lead to ineffective pest control, environmental contamination, and potential harm to farmworkers and consumers. The EPA continues to investigate and prosecute those who violate federal pesticide regulations.
Key Facts
- Defendant: Barry Schexnayder, Carroll Schexnayder, Sterling
- State: Louisiana
- Year: 2006
- Crime: Illegal diversion and resale of Round-Up herbicide
- Statute Violated: 7 U.S.C. 136j (a)(1)(A) – Unlawful sale of a pesticide (FIFRA)
- Penalties: 24 months probation, $25 special assessment, $5,000 federal fine (for Barry & Carroll Schexnayder); 24 months probation, $25 special assessment (for Sterling)
- Source of Diverted Herbicide: A landfill
Source: EPA ECHO Enforcement Case Database
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