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A Santa Cruz County jury has found that the unintended contamination of organic crops caused by pesticides evaporating after application violated the rights of a nearby organic crop grower. The ruling is the result of a case filed in May 2007 by Jacobs Farm/Del Cabo (Jacobs Farm) against pesticide application company Western Farm Service, Inc.
Although the chemicals in question are legally used and closely regulated on some crops intended for human consumption, they are not permitted on any organic crops. Even the trace presence of the pesticides made it impossible for Jacobs Farm to sell significant portions of its 2006 and 2007 harvests from its farm at Wilder Ranch State Park.
The jury's finding for the plaintiff will help protect Jacobs Farm from future contamination from pesticides. The jury found that Jacobs Farm was damaged in the sum of $1 million, and Judge Robert Atack ordered judgment in that amount against Western Farm Service.
The court ruled that pesticide applications by Western Farm Service resulted in trespass of the pesticides onto Jacobs Farm and were legally determined to be a nuisance depriving Jacobs Farm of the right to use and enjoy the land, caused by negligence on the part of Western Farm Services.
The farm first discovered trace residues of chlorpyrifos and diazinon in October 2006. Staff and management responded quickly by stopping harvest of affected crops. Jacobs Farm management also contacted the County Agriculture Commissioner and DPR, requesting that they intervene to prevent continued drift of these pesticides. Jacobs Farm also notified Western Farm Service of the problem. When initial outreach to regulators and the pesticide applicator proved fruitless, Jacobs Farm brought suit against Western Farm Service.
Court Ruling Protects Organic Farmers from Pesticide Drift
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By Ken Roseboro, ed.
The Organic and Non-GMO Report, November 2008
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