2017 Indiana-Illinois Seed Conditioning Workshop The Safe Handling

2017 Indiana-Illinois Seed Conditioning Workshop The Safe Handling of Pesiticides Office of Indiana State Chemist Joe Becovitz

Reminders n n n New testing sites New Federal C & T Rule OISC & IL Dept of Ag wants you to succeed

Remote testing sites n n n As of beginning of August 2016 Now at Ivy Techs (23 sites) Cost down from $80 per test to $55 per test All OISC exams offered Go to our website under n Exam at Ivy Tech Testing Center (signup)

Remote testing sites n n n n n Anderson Avon Batesville Bloomington Columbus Evansville Fort Wayne Gary Goshen n n n n Greencastle Indy Kokomo Lafayette Lawrenceburg Logansport Madison Marion Muncie

Remote testing sites n n n Richmond South Bend Terre Haute Valpo Warsaw

New Federal C & T Rule n n n Good News! 5 year certification cycle Supervisor to provide specific instructions n n n Direct supervision Immediate contact Present Govt ID at exams Persons using RUPs to be 18 or older RUP sales records

We want you to succeed! n n n It’s the reason we do outreach Success means pesticides used safely No harm to n n n Applicator Customer Environment OISC doesn’t keep civil penalty Must be used for pesticide education

What is the hot topic for 2017?

Dicamba tolerant crops 2016 n n n Xtend soybeans available for 2016 season No dicamba labeled for use over soybeans Some farmers used “old” dicamba anyway Hundreds of complaints in MO and AR In addition to state investigations, also CID “Farmer Allegedly Killed over Dicamba” n Physical confrontation that escalated

Dicamba tolerant crops 2017 n n n Monsanto’s Xtendimax w/Vapor Grip and BASF’s Engenia registered for 2017 in IN Dicamba tolerant seed probably planted IPRB has been “watching” for some time n n n Ag use dicamba of 6. 5% or greater will be RUP 6 to 12 month process for rule Dicamba NOT RUP for 2017

Xtendimax and Engenia have many instructions and restrictions n n n Do not apply aerially Do not tank mix unless on website Do not apply if wind > 15 mph Do not exceed 15 mph ground speed Must maintain at least 110 foot buffer downwind from sensitive areas Applicator must check website within 7 days of use

“Label is the Law” n n “Old” dicamba products not approved on DT soybeans IPRB says most stringent penalties IN applicators are trained to follow the label! Dicamba is a much needed tool against RRW

Joe Becovitz Office of Indiana State Chemist

Alternate titles may be… n n What to do when the regulator arrives OR How do I keep the regulators/revenuers out of my business?

How do I keep regulators out of my business? n Sometimes you can’t! n Routine inspections New business inspections n Routine use inspections n Golf courses n Schools n Mosquito control n Seed treatment n n But you can be prepared for the inspection!

What does OISC look at? n n Licensing Record keeping Storage Operational area containment

Who needs a license to treat seed? n n n At least one certified applicator Insurance Pesticide business license

Can only the CA treat seed?

Two “flavors” of supervision n On-site n Registered Technician (RT) n n Labels PPE Instructions Ability to contact CA with questions

Are you required to keep records?

Records n n n Only if RUP Still a good idea to keep all treatments Two years

Storage Requirements n Unless bulk n n Undivided quantity > 55 gallons Only BMPs for small package

No

No

#*@% no!

Pesticide in a sippy cup? !!! 29

If you have bulk pesticides at your facility n n Operational area activities (loading, unloading, mixing) must be carried out within containment. Operational area containment shall be curbed and paved with reinforced concrete or other approved materials

What is the proper method for disposing of pesticide rinseate? This? ? ?

Yelllloooow

You Have My Attention

OK Go On

The Real Story of the Fish Kill n n Informant advised that on August 14, 2015, an employee was dispatched to pick up a “tender truck” from an application site that was servicing an aerial applicator Upon his return to the plant, the employee was instructed by the Operations Manager to wash the truck out on the ground next to the creek the way they always do.

How Long Had This Been Going On? n n Informant stated in his six and a half years of employment he was ordered to do this three hundred to four hundred times in the same spot. A recently retired employee said it was a normal practice that had been going on for 30 years.

OISC and IDNR respond n n n OISC and IDNR CO personnel visit site Soil samples Records copied Sworn statements taken Managers say…

The Fallout n OISC n n n Two individuals fined and applicator licenses revoked Proposed six month suspension of business license Company n n Terminates managers Reiterates policy on rinseate disposal

Isolated incident? n n n There are legal methods of disposal Each of us is the face of Ag in our state We are better than this!

Can I keep OISC out of my business if I have a complaint? n Sometimes you can! n Complaints Respond immediately n Visit the complainant/site n Let them lead you around n Look around on your own n Document everything (notes, photos, samples etc…) n Send samples to appropriate sources n Contact insurance n Take responsibility if you screwed up n

New complaint n n n Assigned to appropriate investigator Contact within 7 to 10 days Investigate ASAP or immediately if human health is involved.

What does OISC not do n n n Don’t assume guilt or innocence Don’t do FYI samples or investigations No info released until case completed

What does OISC do? n Interview complainant n n View possible injury Document evidence Samples? Interview applicator n Collect application information

What does OISC do? n n n Review evidence Review label(s) Make a decision! (might take awhile) n n No violation Violation Appropriate enforcement n Refer to EPA or other agencies n

What constitutes enforcement? n n n Warning Citation Civil penalty n n Does not go to OISC License action

Take Home Message? n n n No dicamba over the top till approved Get additional employees licensed Dispose of rinseate properly Call if you have questions Joe Becovitz n n 765 -494 -1589 becovitz@purdue. edu