FOR IMMEDIATE RELEASE	CONTACT: Lauren Horwood
December 2, 2011	PHONE: (916) 554-2706
www.usdoj.gov/usao/cae	usacae.edcapress@usdoj.gov
Docket #: 1:11-MJ-00201

            FRESNO, Calif. --United States Attorney Benjamin B. Wagner announced today that DLM Farms, Inc., of Fresno, California entered a guilty plea and was sentenced to a misdemeanor before United States Magistrate Judge Gary S. Austin, for Knowingly Using a Registered Pesticide in a Manner Inconsistent With Its Labeling in violation of federal law.

     DLM Farms Inc. admitted that on October 21, 2008, DLM Farms’ employees were using a 500 gallon air-o-fan sprayer to spray 99 acres of tangerines located at 13260 E. Lincoln Avenue, in Sanger, California with the registered pesticide KOCIDE 20/20.  The label on the KOCIDE 20/20 pesticide container specifically states “Do not apply this product in a way that will contact workers or other persons either directly or through drift.  Only protected handlers may be in the area during application.”  A DLM Farms’ employee was supposed to be flagging traffic along Lincoln Avenue and watching for cars to alert the sprayers of their presence and to keep the vehicles and their occupants from being in the area during the application of the KOCIDE 20/20 pesticide.  Instead of watching for traffic, the DLM Farms’ employee left his post and went to retrieve more chemicals. Although there was no flagman watching for traffic, other DLM Farms’ employees decided to continue spraying the citrus near Lincoln Avenue with the KOCIDE 20/20 pesticide.  While traveling down its normal route on Lincoln Avenue, a Sanger Unified School System bus encountered the sprayer on the south side of the road.  DLM Farms’ employees sprayed the bus (via drift) as it went by, hitting the windshield of the bus and causing the KOCIDE 20/20 pesticide to go through the windows that were down on the bus.  As a result of  DLM Farms’ spray drift, the school bus driver and eight kindergarten-age children were exposed to the KOCIDE 20/20 pesticide.

            Judge Austin imposed a $2,500 criminal fine on DLM Farms as a result of the incident.  Aside from the criminal fine, DLM Farms had already previously paid $7,516 in restitution to victims and $3,700 in fines to the Fresno County Department of Agriculture.

            The case is the product of an investigation by the U.S. Environmental Protection Agency - Criminal Investigation Division.   Assistant United States Attorney Michele Thielhorn prosecuted the case.  

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