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FOR IMMEDIATE RELEASE: SEPTEMBER 5, 2002

MUSTARD PRODUCERS FACING POSSIBLE FINES, CROP SEIZURE

BISMARCK - Illegal use of pesticides may cost a group of North Dakota mustard producers financial penalties and even the loss of their crop.

"The North Dakota Department of Agriculture (NDDA) and Department of Health (NDDoH) are conducting a joint investigation into the widespread use of the herbicides Roundup® Ultra and RT Master® as dessicants in mustard fields," said Agriculture Commissioner Roger Johnson. "This is much more than an ordinary violation because food safety may be an issue here."

Johnson said the incident points to the need for all producers to use pesticides according to their labeled directions.

"Off-label use of pesticides is illegal and cannot be tolerated, especially when public health and safety are concerned," he said.

Use of pesticides in a manner not approved by the Environmental Protection Agency is a violation of federal law, according to Kenan Bullinger, director of NDDoH's Division of Food and Lodging. In addition, Bullinger said any agricultural product to which pesticide has been applied in such a manner is considered contaminated under North Dakota Century Code 19-02.1. Specifically, an agricultural product is considered contaminated if testing reveals either a chemical for which no safe tolerance level is established or a chemical that exceeds the tolerance level considered safe.

The investigation is focused on producers in north central North Dakota who used Roundup® Ultra or RT Master® both as a drying agent or dessicant to eliminate variability in plant maturity in crop stands and as a herbicide to kill widespread weed infestations caused by late-season rains.

"Unfortunately, there are no pesticides or dessicants registered for mustard," Johnson said. "Although we looked into the possibility of emergency exemptions or special local need registrations, there simply was not enough data or time for EPA to make a decision."

Samples taken from the fields in question are now being tested for levels of glyphosate, the active ingredient in Roundup Ultra and 2,4-D, another active ingredient in RT Master®.

"If there is probable cause to believe that any mustard crop was sprayed illegally and possibly contaminated, regulatory efforts may include seizure or detention of the crop," Bullinger said. "In addition, samples of the mustard will be taken and analyzed for illegal pesticide residues. If found to exceed safe levels of pesticide, mustard cannot be sold for food purposes."

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This page last modified September 9, 2002.

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