East Boston Man Charged with Malathion Misuse

BOSTON – An East Boston man was indicted on Thursday, April 30, 2015, in connection with his unlawful application of a federally-registered pesticide.

Jose Sanchez, Sr., 60, used a pesticide containing Malathion in a home when Malathion is only approved for exterior use.  Under the federal Fungicide, Insecticide and Rodenticide Act (FIFRA), registered pesticides may only be used in a manner consistent with their approved labeling, in part to ensure the safety of persons who may be exposed to the toxins contained in the pesticide.

The charging statute provides a sentence of no greater than 30 days in prison and a fine of $1,000.  Actual sentences for federal crimes are typically less than the maximum penalties.  Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors. 

United States Attorney Carmen M. Ortiz and Tyler Amon, Special Agent in Charge of the U.S. Environmental Protection Agency, Criminal Investigation Division, Boston Office, made the announcement today.  The case is being prosecuted by Thomas E. Kanwit of Ortiz’s Major Crimes Unit.

The details contained in the indictment are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.