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 BPC Releases 2010 Complaints and Inquiries List Minimize


BPC Releases 2010 Complaints and Inquiries List
Product Registrations
Pesticide Application Rule Violations


BPC Releases 2010 Complaints and Inquiries List


The Maine Board of Pesticides Control (BPC) annually releases its list of complaints and inquiries for the year to the public. At its February meeting the BPC reviewed and released the 2010 report (posted at www.maine.gov/agriculture/pesticides/about/agenda_archive.htm#feb11 under the Feb. 2011 agenda). Agricultural and turf/lawn pesticide applications garnered most (33 and 31, respectively) of the 116 complaints and inquiries in 2010.

Product Registrations

The BPC recently approved the use of Avipel Dry Powder Corn Seed Treatment to deter blackbirds and crows on field and sweet corn crops in Maine. The active ingredient in Avipel is 9, 10-Anthraquinone, which deters birds due to the unpleasant reaction it causes in their guts. Avipel will be used as a seed treatment to avoid large crop losses. It is not approved for organic use.

Pesticide Application Rule Violations

At its February meeting, the BPC unanimously approved a consent agreement with C&D Corporation of Deblois, Maine; the fine levied was $1,500. In this case an employee of C&D Corporation applied a mixture of Velpar L Herbicide (EPA # 352-392) and Sinbar Agricultural Herbicide (EPA # 61842-13) to a field it had been contracted to spray. The company employee failed to stop spraying at the property line and crossed over to the adjacent property, which had already been sprayed by that property owner with a mixture of Velpar L Herbicide (EPA Reg. # 352-392) and Callisto Herbicide (EPA Reg. # 100-1131), so that field received more Velpar L than the maximum labeled rate.

In another case, customer of PuroClean (RMH Cleaning and Restoration, Inc.) of Livermore, Maine, contacted the BPC in July 2010 regarding work the company did at her property in December 2009. The caller had contacted PuroClean for mold remediation work, became sick shortly afterward and was concerned that her illness was related to the mold remediation. The BPC investigation found no violation by PuroClean, which did not use pesticides in this case, but did discover that in other situations, Quest QD-64 (EPA reg.#47371-37-44446), Sporicidin (EPA reg.#8383-3) and EnviroCon HVAC (EPA reg.#9804-3) had been applied, even though nobody at the company was a licensed commercial pesticide applicator. A $350 fine was issued.

Lucas Tree Experts Company of Portland was fined for failing to provide enough advance notice to a Scarborough resident of a pesticide application of Up-Star Gold Insecticide (EPA Reg. No. 70506-24) used to control mosquitoes. The resident, who is on the urban (non-agricultural) pesticide notification registry, was notified about 90 seconds before the application rather than the required six-hour minimum. Lucas Tree Experts Company admitted that an internal company error occurred, so the company thought it had provided the proper advance notice. A $500 fine was levied.

Scotts Lawn Service of Hermon, Maine, was cited for three violations. On two separate occasions citizens told the BPC that Scotts employees had applied pesticides in high wind conditions. Using Bangor and Portland airport data to determine likely wind speeds at the sites during the applications, a BPC inspector found that conditions were likely too windy for pesticide applications. The products used were Ortho Weed-B-Gon (EPA # 228-292) and Ortho Weed-B-Gon Pro (EPA # 228-292). The third violation occurred with a pesticide application of Ortho Weed-B-Gon Pro (EPA # 228-292) at Husson College in Bangor on August 17, 2010. As a citizen walked across turf at the campus, his boots became wet. The Scotts employee had not posted the treated area before the pesticide application as required. Scott’s disputes some facts in these cases but agreed to pay the $400 fine. This is the third violation for this company in the last four years.

– Katy Green

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