In recent years, Purdue put out a publication titled “Options for Dealing with a Pesticide Drift Incident.” It examines the causes and effects of pesticide drift, including information on how to recognize and report a drift incident.
When any pesticide moves through the air away from the target site and onto someone else’s property — known as pesticide drift — the pesticide can damage non-target crops, landscape plants and gardens. The publication was compiled by Purdue Extension Educators, the Director of Purdue Pesticide Programs and the Office of Indiana State Chemist.
Many people use pesticides to help manage plant health against insects, weeds, diseases, etc. Off-target movement (a.k.a. drift) can injure non-target plants, people and animals. Pesticide drift can occur virtually anywhere — between neighboring farms, farms and residential properties or neighboring residential properties. All people applying pesticide have a legal obligation to keep those products on their side of the property line. Also note that according to Indiana law, “drift” does not include instances when pesticides run off in water, soil, erosion or windblown soil particles.
So when can pesticide drift occur?
It can happen in all weather conditions, including high and low winds. It can occur on private property or public property (such as schools, parks, etc). When pesticide drift happens, there may not be a strong chemical smell. It may also have happened and have no immediate evidence.
The signs of pesticide drift on plants can be distorted or discolored leaves on trees, garden plants, landscaping or crops. You might also notice dead honeybees, dead fish, or areas where vegetation has yellowed or died suddenly. In some instances, you might also feel a pesticide application spray physically touch you. This is a serious matter that require immediate action. If you come in contact with a pesticide, remove your clothing and shower. Retain your clothes in a separate bag. Seek medical attention.
If you believe the symptoms you see are consistent with pesticide drift, you may choose to:
Do nothing and ignore the matter.
Try to resolve the matter on your own by approaching the applicator or writing a letter to the applicator that explains the damage and the restitution you seek.
Get identifying information on the applicator’s equipment by taking photographs.
Contact the Office of Indiana State Chemist at 800-893-6637 or oisc.purdue.edu to file a formal complaint, which will initiate an investigation.
Contact your insurance company.
Consider hiring a lawyer.
How you respond to a drift incident depends on many factors, including the extent of injury caused by the drift, the relationship you have with the pesticide applicator and how the applicator responds to your concerns. The choice of what action to take is your responsibility. It is a personal decision, and there is no single right or wrong approach.
Remember that evidence is time sensitive; delaying the filing of your complaint with OISC or contacting your insurance company may negatively affect its outcome. Pesticide residues may be difficult or impossible to detect if there is a delay in an investigation.
OISC will determine only if drift occurred and if the applicator violated the product label or Indiana drift rule. OISC does not get involved in matters of restitution or compensation for loss.
