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If a pesticide that drifts onto your vegetables or fruit is not labeled for use on vegetables or fruit, do not eat them. Pesticides that are labeled as safe to use on particular vegetables and fruits identify “safe” levels of pesticide residue for the food-plants listed on the label. But there is no sure way to know if a pesticide labeled for use on a non-food plant has a “safe” level of pesticide residue for a non-target plant. For example, a lawn herbicide can be used on turf, but the label does not identify a safe level of herbicide residue on fruits and vegetables, because they are non-target plants. If you are uncertain, don’t eat the affected fruit and vegetables. 5. What can I do if my neighbor uses a pesticide that damages my plants or property? In Minnesota, it is illegal to apply a pesticide that strays onto the adjacent property and causes damage. 5 In fact, pesticide drift is illegal even if there is no damage. “A person may not direct a pesticide onto property beyond the boundaries of the target site,” according to the law.6 “My experience has taught me that by far the best way to resolve or prevent drift disputes is for the two parties to discuss the situation as adults in an open and respectful manner.” Associate Professor Dean Herzfeld, coordinator of the Pesticide Applicator Training Program in Minnesota. Taking your case to court for the loss of garden plants is not a good option. Most of the cases that have ended up in court involve aerial spraying of acreage (crops or forests) and significant monetary losses. The “garden variety” dispute between neighbors is usually not taken through the trial and appeal process, because of the financial realities of paying for lawyers, expert witnesses, scientific analysis, and other litigation costs. The challenge is proving what pesticide did the damage and the connection between the pesticide that drifted off-target and the damage done. Scientific analysis for pesticide residue is costly (usually several hundred dollars.) The University of Minnesota Extension Service no longer has a clinic or other means to diagnose pesticide drift or herbicide damage in home landscapes. The Minnesota Department of Agriculture (MDA) oversees pesticide use in the state. But the MDA investigates complaints only when it suspects that there is a violation of the law. Priority is given to investigations involving injury/damage to humans, animals, food/feed products, and the environment. The MDA receives complaints at 651-296- 6121. The complaint process is explained online at http://www.mda.state.mn.us/appd/pesticides/complaints.htm. The recommended option is to try the neighborly approach. “My experience has taught me that by far the best way to resolve or prevent drift disputes is for the two parties to discuss the situation as adults in an open and respectful manner,” maintains Dean Herzfeld, a University of Minnesota Associate Professor and Extension Educator in the Plant Pathology Department, and the Coordinator for the Pesticide Applicator Training Program in Minnesota. Speak to your neighbors in a friendly, tactful way and explain your concerns about the impact that their pesticide use has had on you, your health, your garden, or your pets. Try to negotiate a solution that satisfies both of you. Find out what pest problems your neighbors are having and provide constructive information about nontoxic, pest-control methods. For instance, if your neighbors use a product containing 2,4-D to control dandelions and it drifts onto your tomato plants, you could provide information about corn gluten meal, an organic alternative for control of dandelions and other broadleaf weeds.7 Take a tip from the experts: Use the neighborly approach to deal with your drift disputes and preserve harmony in your neighborhood. Disclaimer: The information included in this fact sheet is intended to be educational., not legal ad vice. If you have a legal problem, you should consult a lawyer. 5 “A person may not apply a pesticide resulting in damage to adjacent property.” Minnesota Statutes §18B.07, Subd. 2.3 (b). 6 Id. Get My Drift: legal aspects of pesticide drift 2 7 U of MN information on corn gluten meal: http://www.extension.umn.edu/extensionnews/2004/gluten.html