WSDA to raise penalties for pesticide violations

Published 6:00 pm Wednesday, December 21, 2022

The Washington State Department of Agriculture plans to toughen penalties for pesticide violations, arguing that current punishments, unchanged since 1999, are too light to be a deterrence.

The department anticipates adopting a slate of stiffer fines and longer license suspensions early next year.

Currently, fines range from $200 to $7,500, depending on the seriousness of the violation and the offender’s history. The maximum fine, set by the Legislature, will stay $7,500.

The department, however, proposes to start fines higher and levy maximum fines after the third violation within three years, rather than the fourth.

For example, a first-time violator who exposes people to pesticides typically faces a $450 fine and seven-day suspension. The department proposes to increase the penalty in such cases to a $1,500 fine and five-day suspension.

Also, for the first time, violations will fall into three categories: off-target applications, safety violations and unlicensed activities.

Each category will have its own schedule of fines and suspensions. The categories will better reflect the seriousness of the offense, according to the department.

Here are details about the proposed penalties:

• Exposing people to pesticides: first violation $1,500 and five-day suspension; second violation $3,000 and 10-day suspension or license revocation; third or subsequent violations $6,000 and 20-day suspension or revocation.

• Endangering animals, plants and pollinators: first violation $1,000 and four-day suspension; second violation $2,000 and eight-day suspension or revocation; third or subsequent violations $4,000 and 16-day suspension or revocation.

• Unlicensed commercial application of pesticides: first violation $2,500; second violation $5,000; third or subsequent violations $7,500.

• Distributing restricted use pesticides without a license and other unlicensed activities: first violation $1,000; second violation $2,500; third or subsequent violations $5,000.

• Worker Protection Standards related to training, protecting, supervising and providing emergency aid to workers: first violation $1,000; second violation $2,000; third or subsequent violations $3,000.

• Other Worker Protection Standards: first violation $500, second violation $750; third or subsequent violations $1,000.

• Record-keeping violations: $250 fine.

• The department can raise or lower fines by 25% for aggravating or mitigating circumstances. Carelessness or sickening people could be aggravating factors, for example. Immediately reporting or trying correct a problem could be mitigating factors.

The department has issued 11 fines and suspensions for pesticide violations this year. Two penalties were for pesticide drift.

In one case, people were endangered, according to department records. The department fined the applicator $450 and suspended his license for seven days.

The biggest penalty was a $5,050 fine and 15-day license suspension. The applicator violated label and safety rules during a soil fumigation, according to the department.

The department will take comments on the proposed penalties until Jan. 10.

Comments can be emailed to wsdarulescomments@agr.wa.gov, sent by fax to (360) 902-2092 or mailed to: Gloriann Robinson, agency rules coordinator, P.O. Box 42560, Olympia, WA 98504-2560.

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