Drift Management

A wet spring with limited time for spraying can lead farm managers to experience increased stress over fields overgrown with weeds. Limited time for spraying may force applicators to spray when conditions are too windy. Drift can result in the movement of pesticides beyond the target area. Ohio Pesticide Law provides language to discourage drift. Ohio Pesticide Law states it is unlawful to operate in a negligent manner (Ohio Pesticide Law, Section 921). Drift is also a label violation regardless of intent. Pesticide labels and Ohio Pesticide Law are effective in conveying that drift is not acceptable.

Pesticides used on the farm may create liability issues when misapplied or if off-site drift occurs. Any applicator misapplying pesticides could be subject to administrative penalties, criminal liability, or civil liability. The penalty for each instance of misapplication is determined on a case-by-case basis. Minor infractions may receive only a warning, while misapplication resulting in environmental, property, or personal health injuries will likely receive a stiffer penalty. The Ohio Department of Agriculture, in cooperation with the county prosecutor, can bring criminal charges against applicators for misapplication of pesticides. When one party believes that another party has harmed property by the misuse or misapplication of pesticides, the harmed party may also bring a civil lawsuit for damages.

It is impossible to determine how much drift occurs from one field to another across Ohio . Drift incidents may range in damage from a few edge rows to several acres. In most cases, the incidents are resolved locally by the parties involved. Communication is the key to resolving drift issues. Early recognition of the problem and immediate communication with the applicator can lead to an amicable resolution. Waiting until harvest to talk to the applicator because you wanted ‘to see whether there was any damage’ may not provide the best outcome to the situation. Addressing the problem early with open communication can go a long way to preventing problems later.

In some cases there may be as many as three parties involved in the spray situation: a custom applicator/operator who applied the pesticide, a farmer who is renting the land, and a landowner. The general rule of law in Ohio is that the party who applied the pesticide will be responsible for harm caused by misuse or misapplication. In most cases the applicator responsible for drift will have their insurance cover any damage. If the applicator chooses not to use insurance, be sure to arrive at mutual agreement on: 1) the damaged area, and 2) method of comparing damaged area to undamaged area (yield monitor, weigh wagon, scales, etc.), and 3) grain price. For more information about pesticide liability, consult an attorney, see an OSU Extension fact sheet online at http://ohioline.osu.edu/als-fact/1005.html or check the Ohio Revised Code §921.

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