DLM Farms, Inc., Pesticide Endangerment, California 2011

Sanger, CA – A Fresno-based agricultural operation, DLM Farms, Inc., has been penalized for knowingly using a pesticide in a manner inconsistent with its labeling, resulting in the exposure of young children to potentially harmful chemicals. The incident, which occurred on October 21, 2008, came to light following a federal investigation by the U.S. Environmental Protection Agency’s Criminal Investigation Division.

According to court documents, DLM Farms employees were applying the pesticide KOCIDE 20/20 to a 99-acre tangerine orchard near Sanger. The pesticide label explicitly warns against application in a way that could cause contact with individuals or through drift, and mandates that only “protected handlers” be present during spraying. However, safety protocols were allegedly disregarded when an employee assigned to flag traffic along Lincoln Avenue – a public roadway – abandoned their post to retrieve more chemicals.

Despite the absence of a traffic monitor, spraying continued near the busy road. Tragically, a Sanger Unified School System bus, carrying eight kindergarten-age children, encountered the pesticide spray while traveling its regular route. The bus was directly hit by the drift, with the KOCIDE 20/20 pesticide penetrating the vehicle through open windows and impacting the windshield. Both the bus driver and the young passengers were exposed to the chemical.

The EPA’s investigation revealed a clear violation of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), specifically 7 U.S.C. 136j(a)(2)(G), which prohibits the use of registered pesticides in a manner inconsistent with their labeling. Prosecutors argued that DLM Farms demonstrated a reckless disregard for public safety by continuing to spray knowing a crucial safety measure was not in place.

On December 1, 2011, DLM Farms pleaded guilty to the misdemeanor charge in federal court. United States Magistrate Judge Gary S. Austin sentenced the company to a $2,500 federal fine. This penalty was in addition to $7,516 in restitution previously paid to those affected by the spray and a $3,700 fine levied by the Fresno County Department of Agriculture. Assistant U.S. Attorney Michele Thielhorn led the prosecution.

The case serves as a stark reminder of the potential consequences of failing to adhere to pesticide safety regulations. The EPA continues to prioritize enforcement actions against those who endanger public health and the environment through improper pesticide application. The incident highlights the importance of strict adherence to labeling instructions and the critical role of safety personnel in protecting vulnerable populations.

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Key Facts

Defendant: DLM Farms, Inc.
Location: Sanger, California
Date of Incident: October 21, 2008
Pesticide Involved: KOCIDE 20/20
Victims: One school bus driver and eight kindergarten-age children
Statute Violated: 7 U.S.C. 136j(a)(2)(G) – Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
Penalty: $2,500 federal fine, $7,516 restitution, $3,700 county fine

Source: EPA ECHO Enforcement Case Database

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