Law

Report of Loss Form for Pesticide Applicators

Anyone who suspects they have property damage caused by pesticides, is required to file a Report of Loss (ROL) with the Department of Agriculture. (Pesticide is a general term used to cover, herbicides, insecticides, fungicides etc.) It is the responsibility of the pesticide applicator involved with the alleged damage to inform the complainant (the person who feels they have had property damage due to pesticides) that they must contact the Department to file a ROL.

What is a Report of Loss?

The ROL is a document which can be used to inform all involved parties of potential property damage so everyone has the opportunity to observe the damaged area. The ROL allows the complainant to describe what they feel has been damaged.

What is Done with the Report of Loss?

The ROL is to be given to all involved parties to inform them of the potential damage. (In some instances there may be more than one applicator and one client involved.) Documentation must be obtained that all parties involved have been given a copy of the ROL. This may be done by one of four different methods.

1. The first method is the complainant gives a copy of the ROL to the applicator and to the person who hired the applicator, if the two are different. The applicator and the person who hired the applicator voluntarily sign that they received a copy of the ROL.
2. The ROL can also be served by certified mail. A notarized affidavit stating that the ROL was mailed to the involved parties is needed.
3. A disinterested party to the case can also serve the ROL on the involved parties and sign and have notarized a form stating the ROL has been served.
4. The final method for service is by using the county sheriff with a signed statement that the ROL has been served.

When Must the Report of Loss be Served?

The ROL is to be served within 60 days from the date the claimant knew or reasonably should have known of the damage or before 50 percent of the crop is harvested. However, if the applicator does not inform the complainant of the need to file the ROL, the 60 day time limitation does not apply. Therefore, it is in every applicator's best interest to inform complainants of the requirement to file the ROL.

A complainant cannot pursue legal action against an applicator after the crop has been harvested or without notifying the applicator of the potential damage. So, if someone comes to you, a pesticide applicator, claiming damages, inform them of the ROL requirement and document the fact that you informed them. If you do not inform them remember they could file the ROL many years later and try to collect damages long after the crop is harvested and evidence no longer exits.

Lawsuit or No Lawsuit

Filing a report of loss does not mean that a person will be suing for damages. It is to inform everyone. By accepting a copy of the ROL voluntarily, an applicator is showing willingness to cooperate. This helps to open the door for reaching an agreeable settlement, if a settlement is needed. It also helps keep the complainant from filing a complaint with the Department of Agriculture.

What is the Department of Agriculture's Role?

When we receive calls from complainants, we explain what a ROL and a complaint are. We strongly encourage the complainant to communicate with the parties involved with the case. We also tell them that a prerequisite of filing suit is to file a report of loss, so even if an applicator appears willing to come to a settlement, they should still file. There have been cases when it came down to settlement after the crop was harvested, paperwork is filed properly. If something is not filed properly we will contact the complainant and let them know what they need to do. We do not routinely follow up on ROL.

Where do I get a ROL?

The forms are available from the Department of Agriculture, 600 East Boulevard Avenue, State Capitol 6th Floor, Bismarck, ND 58505-0200, Telephone 328-2231 or can be obtained at your local County Extension office.

Farmers, ranchers, weed boards and all pesticide users need to be wary of telemarketers pedaling pesticide products with elaborate claims. A typical shady sales pitch promises long-lasting weed control (up to six years with one application and no danger to the environment).

An example of how these companies may operate is: A farmer receives a telephone call early in the morning. The voice tells the farmer he is calling because the farmer had mailed in postcard inquiring about a pesticide product. The salesman begins talking about a fantastic pesticide that he is selling. The product will control weeds for up to six years or other elaborate claims! All you need to do is make one application and your weed problems will disappear. The magic product sells for only $95 per gallon, plus shipping and handling charges. Although the farmer did not send in a postcard, the farmer does order one gallon to try the product. When it arrives, he reads the label and notices the active chemical ingredient is 3.73 percent prometon.

Recognizing the name of the active ingredient, the farmer goes to his local dealer and looks at a product called Pramitol 25E which has prometon as the active ingredient. The percentage of active ingredient is 25%. Price: $27 per gallon.

A few days later, the farmer receives another telephone call earlier in the morning. The salesman asks the farmer when he wants the other four gallons of the pesticide shipped. He tells the farmer that he ordered five gallons of the material, not one. The additional cost will be $380, plus shipping. Will that be cash or credit card?

But, the farmer protests, I only ordered one gallon. After repeated attempts to get him to accept the additional chemical shipment, the salesman asks if the farmer wishes to cancel the order. Then the salesman explains that a 20% re-stocking fee will be charged, will that be cash or credit card? If the farmer says that he will not pay, the salesman begins cursing and calling the farmer names. If you hang up on them, they will call you back.

This is one example, occurring on a daily basis, by one or more out of state telemarketing firms. Six of the major chemicals telemarketed in North Dakota are KOM-BAT, MISTY C-LEX CONCENTRATE, TRIPLE THREAT, TRISEL, 363T and TURF-KING.

We receive repeated complaints about two companies, Stockade, Copiague, NY, and Environmental Supply and/or Environmental Septic Inc., also Known as E.S.I. from Bohemia, NY.

The one common thread in these transactions is the customer usually gets ripped off. Use great caution and always compare active ingredient and price at your local businesses before you purchase pesticide products by telephone. Be aware that they may also offer prizes, sweepstake awards, free stereo equipment and other gimmicks that get your attention. Remember, if something seems to be too good to be true, it probably is.

Lutellis Kilgore of Elyria, Ohio, was charged in U.S. District Court in Cleveland, Ohio, on March 21, with three counts of violating the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) and one count of making false statements to federal investigators. Kilgore allegedly applied the insecticide methyl parathion in a manner inconsistent with its labeling to more than 60 properties without being certified to apply this chemical. The spraying led to a $20 million publicly-funded clean up of the affected properties which was conducted by EPA, the Ohio Department of Agriculture and the Health Departments of the cities of Lorain and Elyria. Methyl parathion is toxic to the nervous system and is only approved for outdoor agricultural usage where sunlight causes it to rapidly degrade. When applied indoors, methyl parathion does not readily degrade and exposure to it can cause vomiting, headache, diarrhea and even death in humans. Kilgore is also charged with distributing methyl parathion to non-certified applicators and allegedly falsely informing federal investigators that he was not storing the chemical at his residence.

Kilgore faces a maximum of one year imprisonment and/or a fine of up to $100,000 on the three FIFRA counts and a maximum of five years imprisonment and/or a fine of up to $250,000 on the false statement count. The case was investigated by EPA's Criminal Investigation Division.

(EPA Press Release, April 4, 1997)

IPM

NDSU Crop and Pest Report Begins in May

The NDSU Crop and Pest Report, a weekly series of insect, disease and weed conditions, will again be offered on a subscription basis in 1996. Included again in this year's reports will be information on crops and soils by our extension agronomists and soil specialists.

The subscription cost is $20 per year for a series of 16 weekly reports. The first report will be mailed on May 1. If you wish to subscribe, return the order form.

In addition to the report, single complimentary copies of the North Dakota Field Crop Insect Management Guide, Agricultural Weed Control Guide, and Field Crop Fungicide Recommendations are available to those who request them. Additional copies are available for a nominal fee through the Distribution Center. If you have any questions, please call us at 231-7581 or E-mail entomolo@ndsuext.nodak.edu.

North Dakota State University
Crop and Pest Report Subscription Form
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$20/season

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Check the publications you wish to receive:

  ___ Field Crop Insect Management Guide
  ___ Agricultural Weed Control Guide
  ___ Field Crop Fungicide Recommendations

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Insect Control

Researchers Offer Solutions to Grasshopper Problem

Will North Dakota have a problem with grasshoppers in 1997 as it did in 1996? "The outlook is very favorable for grasshopper outbreaks," says an entomologist at North Dakota State University. According to Phil Glogoza, extension specialist, last autumn's dry, warm temperatures and late frost created favorable conditions for grasshoppers to lay eggs. In addition, some areas in North Dakota have had at least three seasons of weather advantageous to an increase in the grasshopper population. As a result, in many regions grasshopper numbers could reach threatening levels this year.

Farmers and ranchers have a couple of options in dealing with grasshopper problems. The first and probably most common technique is spraying with pesticides. "It's a lot easier to spray for grasshoppers if you know where they are," says Glogoza. "Ideally, farmers should look for egg laying spots in the fall." Areas of vegetation attract grasshoppers; field borders, ditches and fields of late-season crops like corn and sunflowers are all environments hospitable to egg laying.

Farmers and ranchers will have to wait until grasshoppers hatch this spring before spraying will be effective, says Glogoza. Research in Montana has shown many of our common grasshoppers are generally all hatched about 10 days after lilacs bloom, which can be anywhere from late May to early June. After hatching, grasshoppers enter into the nymph stage. These nymphs are about the size of a wheat kernel. Unlike adult grasshoppers, nymphs do not have wings and can only walk or hop short distances. This, says Glogoza, is the best time to treat grasshoppers -- before they get a chance to spread out and damage crops and rangeland.

An advantage to early control is the number of chemical choices open to a farmer. "Often, alternative crops don't have as many options as far as chemicals go," says Glogoza. "In hatching sites, however, there's a broader range of insecticides that can be used. Plus, a lower labeled rate of insecticide can often be used on the young nymphs."

Another way to get rid of grasshoppers is to remove the vegetation from the egg laying sites before the grasshoppers hatch. If the vegetation is gone, the nymphs will starve, says Glogoza. Once grasshopper hatching is under way, an option for farmers with fallow sites is to till the vegetation, leaving strips the width of a spray boom. The remaining vegetation will attract grasshoppers, and they can easily be sprayed in the concentrated zones.

"Farmers are much better off in the long run if grasshoppers are controlled early," says Glogoza. Crop and pasture losses, future egg laying and high costs for more insecticide can be avoided if grasshoppers are taken care of early in the year.

According to Lee Manske, extension range specialist at the Dickinson Research Extension Center, there are some alternatives to traditional methods of grasshopper management. The right method of grazing can reduce outbreaks of grasshoppers, he says. Techniques that create environments where grasshoppers cannot thrive have been very effective in reducing the population.

There are basically two grazing management techniques that ranchers can use to reduce grasshopper numbers. Both of these pasture management techniques -- the spring grazing of crested wheatgrass and the twice-over rotation system of grazing native range -- increase grass density and reduce bare spots. Grasshoppers prefer to live in areas with sparse vegetation that have dry, open spaces. The dense canopy, low temperatures and high humidity produced by these grazing methods create environments where grasshoppers will be less able to thrive. Using these techniques will decrease the frequency and intensity of grasshopper outbreaks and reduce long-term grasshopper numbers, says Manske.

One method is to graze crested wheatgrass just once in the spring, then leave it alone for the rest of the year. "Once grazed in the spring, the wheatgrass should not be hayed in the summer or grazed in the fall or winter," says Manske. Double use of crested wheatgrass pastures will create a suitable grasshopper habitat.

The other option is to graze native-grass rangeland using a twice-over rotation system instead of letting animals graze the whole season on one pasture. Research has shown that the twice-over rotation system reduces the number of adult grasshoppers by 71 to 96 percent compared to what the numbers would have been on a season-long pasture.

Ranchers should divide each tract of grazing land into four parts and graze each of them, one after the other during the 45 days between June 1 and July 15, and a second time in the same sequence between July 16 and October 15. Each equal portion of land would be grazed for about 11 days during the first 45-day period and for about 22 days during the final 90 day rotation.

(NDSU News release March 13, 1997, Writer: Katie Delmore)

Disease Control

Tilt Labeled for Oats

Oats have been added to the Tilt fungicide label, primarily for the control of crown rust (leaf rust). The requirements for use of Tilt on oats are the same as for wheat and barley. Apply Tilt at 4 fl. oz/acre by ground or aerial application. The label states that Tilt can be applied until the ligule of the flag leaf emerges.

Benlate SP
This is a 50% wettable powder, the same as Benlate, but in 1 lb packets enclosed in a water soluble film. It will replace Benlate (wettable powder) when existing stocks are exhausted. Use rates and crops registered are the same as for Benlate.

Potato Cull Piles, Volunteers and Late Blight
Potatoes have been discarded from a number of bins with late blight. Although some of the culls may have been spread on the ground to freeze, or were disposed of by other means, including burying, chopping or burning, there will probably be some piles that were not destroyed or were created recently and are likely to sprout in the spring. These can be sources of the late blight fungus for nearby commercial potato fields.

It is important to destroy all culls before the potato crop emerges in the spring. The piles could be tarped to prevent escape of spores and to allow the heat of sunlight to kill the fungus under the tarp. Piles that cannot be destroyed should be treated to kill sprouts. A desiccant herbicide could be used on sprouts.

There is currently (March 21, 1997) a bill before the North Dakota legislature to require the destruction of all cull piles. Similar legislation is likely in other states.

Potato volunteers are likely to be present in some fields this year, particularly in areas where the snow accumulated early so that any unharvested tubers could have survived the winter. Volunteers are a good place to begin scouting for late blight. Volunteers could be a source of late blight and should be destroyed by the use of selective herbicides, if possible. Check also for hairy nightshade, which is a host of the late blight fungus. Eastern black nightshade and cutleaf nightshade are not hosts of the late blight fungus.

(Submitted by Art Lamey, Extension Plant Pathologist)