PALM BEACH POST

January 31, 2009

Ag-Mart fined $931,000 in New Jersey

Ag-Mart, the Plant City produce firm that has been fined for violating pesticide regulations in Florida and North Carolina in recent years, has now been assessed a record $931,000 fine by the New Jersey Department of Environmental Protection on similar charges.

New Jersey charged Ag-Mart, producer of SantaSweet and Ugly Ripe tomatoes, with "hundreds of violations that include denying state environmental inspectors access to facilities, losing track of a highly toxic insecticide, failing to properly ventilate areas during pesticide use ... and using forbidden mixtures of pesticides."

"Ag-Mart has repeatedly shown a stunning disregard of laws and regulations intended to protect the workers who harvest their tomatoes, the people who consume them and New Jersey's environment," said Mark Mauriello, acting environmental protection commissioner.

"Ag-Mart's pesticide violations are the most serious DEP inspectors have ever uncovered," Mauriello added.

The company did not return phone calls Friday requesting comment.

In 2005, the Florida Department of Agriculture and Consumer Services accused Ag-Mart of violating pesticide regulations after a series of articles appeared in The Palm Beach Post. The articles reported on birth defects suffered by three children born to Mexican migrant worker families in Collier County in late 2004 and in 2005.

State and county health investigators later said they could not establish a link between the infractions and the birth defects. Last year, Ag-Mart settled a civil suit brought by the parents of one child, Carlos Candelario, who was born without arms and legs. The amount of the settlement was not revealed, but it was believed to be in the millions of dollars.

In 2006, the Florida agricultural investigators on the case stated that Ag-Mart had committed 88 pesticide violations and proposed fines of $111,200.

In 2007, a Florida administrative law judge, Lawrence Stevenson, overturned most of the violations and lowered the fine to $8,400.

The judge said that while the state required that firms keep a record of what was sprayed on a field and when, it did not insist that the firms also document the whereabouts of workers at the time. Hence, it was impossible to determine whether workers had been exposed during the alleged violations.

Stevenson recommended stricter record-keeping requirements for growers.