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TDA levies fines against individuals found in violation of stat
Texas The Texas Department of Agriculture announced recently that Brad Raphel and Walter Cronin were found in violation of the state's pesticides laws and fines have been levied against Raphel and Cronin following an incident in July 2006 at a Brazos County equestrian facility where 27 horses died. Raphel was charged with five violations of the state law. These were: --Using a restricted-use pesticide (PhosFume) without a license or under the direct supervision of a licensed applicator. In addition, Raphel used PhosFume in a manner inconsistent with its label by applying it when a licensed supervising applicator was not present or on the premises; --Using PhosFume in a manner inconsistent with its label by failing to store it under lock and key, by storing it in a building where horses were stabled, and by failing to post the area as a pesticide storage area. Raphel also used Weevil-Cide, a restricted-use pesticide, in a manner inconsistent with its label by failing to follow correct storage and posting procedures including storing the product in a building where humans lived; --Using PhosFume in a manner inconsistent with its label by failing to allow a minimum fumigation period of 72 hours and by failing to aerate the fumigated feed for 48 hours prior to feeding the horses; --Using PhosFume in a manner inconsistent with its label by failing to obtain and read the product application manual; and --Distributing a pesticide to others without a valid dealer's license issued by TDA. Each violation carried a fine of $1,000; however, the Texas Agriculture Code limits the total fine to $4,000 for all violations related to a single incident. In addition, Raphel received a warning for failing to notify employees before fumigating the horse feed. Cronin received a $1,000 fine for failing to properly supervise the use of a restricted-use pesticide. He also received a warning for failing to maintain records for the first time the pesticide product was applied. TDA issued a warning to Producers Coop in Bryan for failing to record the correct product name of a pesticide sold; for failing to record Raphel as an unlicensed applicator receiving the product; and for distributing a pesticide without a product application manual. PhosFume, manufactured by Douglas Products and Packaging, is registered by the U.S. Environmental Protection Agency to control insects and rodents in various agricultural products including animal feed in storage bins, grain elevators, warehouses and railroad cars. B 3 2/26/07 5 Star OK Date: 2/22/07
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