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Get My Drift
<br /> Legal Aspects of Pesticide Drift
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<br />Every year, nearly 5 billion tons of pesticides are intentionally applied to the
<br />American landscape.1 Responsible pesticide use is critical to avoid adverse
<br />environmental impacts. At the neighbor-to-neighbor level, the issue can become
<br />contentious when pesticides drift from one neighbor’s yard to another. The
<br />following answers address homeowners’ most commonly asked questions about pesticide drift.
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<br />1. What is a pesticide?
<br />Federal law defines a pesticide as any substance intended for “preventing, destroying, repelling, or
<br />mitigating any pest,” and substances intended for use as a plant growth regulator, defoliant, or dessicant.2
<br />The word-ending “cide” means “killer.” The term “pesticide” is a general term and includes insecticides
<br />(killer of insect pests), herbicides (weed control), fungicides (fungi control), rodenticides (mice/rat
<br />control), etc.
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<br />2. What is pesticide drift?
<br />Graphic: www.nda.agric.za
<br />Pesticide drift is the movement of pesticides through the air, away from the area
<br />where they were applied. It’s somewhat analogous to secondhand smoke.
<br />Cigarette smoke drifts away from the smoker and can be inhaled by nearby non-
<br />smokers as secondhand smoke. Similarly, a herbicide sprayed on a plant or tree
<br />can drift away from its target and land on non-targeted plants. Drift becomes a
<br />problem when the herbicide or other pesticide has an unintended impact or causes
<br />damage. An example is 2,4-D, a herbicide used to control dandelions and other
<br />broadleaf weeds. Some lawn-care products (e.g., Ortho Weed-B-Gon and Scotts Turf Builder with Plus 2
<br />Weed Control) contain 2,4-D. The granular form of 2,4-D can turn into a gas and drift away from the
<br />place where it was applied, harming plants sensitive to 2-4-D, like grapes, tomatoes, and lilacs.3
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<br />3. How can pesticide drift be prevented?
<br />Preventing spray drift is the responsibility of the person applying the pesticides. (Applicators include
<br />private citizens, farmer/growers, commercial applicators, and non-commercial applicators.) Using
<br />common sense is the best means of prevention. Mix and apply pesticides only when winds are calm (less
<br />than 10 mph). Most important, read the label on the pesticide before using it, and follow the directions.
<br />The label is the law. All of the label directions are the legal requirements for using the pesticide safely
<br />and effectively. Pesticides must be applied correctly to avoid collateral damage. Pesticide labels are not
<br />an easy read; they take some time to review and understand. But it’s time well spent … to use pesticides
<br />responsibly and to stay on the right side of the law. Pesticide labels can be found the internet, if the label
<br />attached to the product is hard to read.4
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<br />Pesticides can be used only on the sites, plants, or crops listed on the label. The label also specifies the
<br />application rate and method, storage and disposal information, protective clothing to wear while using the
<br />pesticide, and environmental hazards (e.g., “toxic to bees”).
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<br />4. Will the vegetables and fruits in my garden be safe to eat?
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<br />1 Timothy Kiely, David Donaldson & Arthur Grube, Ph.D., Pesticide Industry Sales and Usage: 2000 and 2001 Market
<br />Estimates, at 10 (Biological and Economic Analysis Division, Office of Pesticide Programs, Office of Prevention, Pesticides,
<br />and Toxic Substances, U.S. Environmental Protection Agency, May 2004.).
<br />2 See 7 U.S.C. § 136 (u)
<br />3 Herzfeld, D, B. Jarvis, The Considerate Gardener’s Guide to Pesticides, Part 2. Yard & Garden Line News, September 1,
<br />2003. http://www.extension.umn.edu/yardandgarden/YGLN-Sept0103.html
<br /> Get My Drift: legal aspects of pesticide drift 1
<br />4 See, for example: http://www.cdms.net/manuf/default.asp.
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