Oregon, Washington and California have banned a product used in organic agriculture, saying it contains active pesticide ingredients.

The company that produces it says it is appealing the bans.

The Washington State Department of Agriculture recently issued a statewide Stop Sale, Use and Removal order for Agro Gold WS, saying it has been found to contain active pesticide ingredients.

Similar orders were issued in Oregon and California, according to WSDA.

Marc Lajeunesse, president of manufacturer Agro Research International, based in Sorrento, Fla., said the company is appealing the decisions in the three states.

“They are wrong,” Lajeunesse told the Capital Press. “We do not use any pesticide in the production of our products. We do not add any pesticide to our products. None.”

He hopes to have the orders rescinded as soon as possible, he said.

“We have already hired a team of attorneys to defend us,” Lajeunesse said.

Any organic operation that continues to use the product risks losing its organic certification, the Washington department said.

“It is rare to find a material approved for organic use that contains ingredients prohibited in organic production, or to find a material that is misbranded or mislabeled,” Scott Rice, organic accreditation manager at WSDA, told the Capital Press.

Agro Gold WS is labeled as an organic biological soil amendment, meaning it was approved for use in organic agriculture production. Normally, it is sold with the herbicide Weed Slayer, which is registered for use in Washington state.

WSDA’s Dec. 16 order requires that all distribution, promotion, sales and use of Agro Gold WS in Washington must cease immediately. The order also requires the product be removed from all visible or accessible public locations.

Agro Gold WS was listed on 182 WSDA certified organic farms’ plans in 2020, Rice said.

Rice said the organic program cannot consult with the companies it certifies or recommend specific materials as a replacement for Agro Gold WS but can offer technical assistance to help an operation comply with the regulations.

As a soil amendment, Agro Gold WS does not have to be registered for distribution or use in Washington, but because it was found to contain pesticide ingredients that were not listed on its label, WSDA considers it a misbranded, unregistered pesticide.

Agro Research International is required to submit a plan to WSDA on their disposal instructions for dealers, distributors and retailers who may still hold some of the product.

Dealers, distributors and retailers are advised to await further guidance as to any quantities they have in stock. WSDA advises any operations, organic or conventional, that have been using Agro Gold WS to contact their supplier for options on returning partially used or unopened product.

WSDA’s Pesticide Compliance Program and Organic Program both tested separate samples of Agro Gold WS using two different laboratories, according to the department. The pesticide active ingredients of diquat and glyphosate were detected in both samples. Diquat and glyphosate are herbicide active ingredients used for non-selective vegetation control.

For more information regarding the WSDA Pesticide Compliance Stop Sale, Use and Removal Order, contact Scott Nielsen in the WSDA Pesticide Compliance program at snielsen@agr.wa.gov or (509) 990-6518.