Mount Whitney Pest Control, Violating FIFRA, California 2006

Visalia, CA – Mount Whitney Pest Control was sentenced in December 2006 following a guilty plea to a federal violation stemming from a pesticide drift incident that sickened fifteen high school students in California during June 2006. The incident, which occurred while the company was treating an orange grove, resulted in significant medical attention for thirteen of the affected students.

According to court documents, the company failed to adequately contain the pesticide spray during application. This resulted in the chemical drifting onto a nearby group of students, exposing them to potentially harmful substances. The exact nature of the pesticide and the specific health effects experienced by the students have not been publicly disclosed in full, but the incident prompted an immediate investigation by the Environmental Protection Agency (EPA) and federal prosecutors.

Investigation and Charges

The EPA’s criminal enforcement division launched a probe immediately following reports of the student illnesses. Investigators determined that Mount Whitney Pest Control had violated the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). Specifically, the company was charged with using a pesticide in a manner inconsistent with its labeling – a direct breach of federal regulations designed to protect applicators, bystanders, and the environment.

Guilty Plea and Sentencing

On June 19, 2006, the company was formally charged with one count of violating 7 U.S.C. § 136j(a)(2)(G), which prohibits the use of pesticides in a manner inconsistent with their labeling. After entering a guilty plea, Mount Whitney Pest Control faced sentencing on December 11, 2006. The court levied a $125 special assessment fee, a $5,000 federal fine, and ordered the company to pay $10,000 in restitution.

Restitution Funds Earmarked for Training

The $10,000 restitution order was specifically designated for funding training programs for federal, state, and local investigators, regulators, and attorneys located throughout California. This aims to improve the understanding of proper pesticide application techniques and enforcement of FIFRA regulations, potentially preventing similar incidents in the future. The case highlights the serious consequences of failing to adhere to safety protocols when handling hazardous chemicals.

Key Facts:

• Defendant: Mount Whitney Pest Control
• Location: California
• Year: 2007 (Incident in 2006, sentencing in 2006)
• Crime: Violation of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) – 7 U.S.C. § 136j(a)(2)(G)
• Victims: 15 High School Students (13 requiring medical attention)
• Penalties: $125 Special Assessment, $5,000 Federal Fine, $10,000 Restitution (for training programs)

GrimyTimes will continue to follow this case and report on any further developments.

Source: EPA ECHO Enforcement Case Database

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