Plant Industry Settles Pesticide Violation Charges
With Bugman, Inc.
August 20, 2010
Plant Industry Settles Pesticide Violation Charges
With Bugman, Inc., and Seven Company Employees
Salt Lake City -- The Utah Division of Plant Industry, the Utah Attorney General’s Office and seven employees of Bugman Pest and Lawn, Inc. of Bountiful, Utah have reached a settlement over charges associated with violations of the Utah Pesticide Control Act for misapplication of pesticides and record-keeping violations. The violations were discovered after an investigation linked the deaths of two Layton, Utah children with improper pesticide application by a Bugman employee.
Under the terms of the settlement Bugman Pest and Lawn Inc., its owner, and six other employees are assessed fines totaling $46,800, and will serve a two year period of probation. Bugman, Inc., is responsible for $30,000 of the fine. During the two year probation, each employee will annually attend 18 hours of Utah Department of Agriculture and Food (UDAF) approved pesticide applicator training, undergo a records audit by the UDAF, and have no new violations of the Utah Pesticide Control Act. $7,400 of the fines for the employees will be suspended if they successfully complete probation.
Employee Cole Nocks, who was criminally charged in the Layton deaths, has already surrendered his applicator license and agrees to never reapply for a pesticide license in Utah. Mr. Nocks’ financial and criminal accountability will be left to Layton City prosecutors. Any fines imposed by the UDAF on Mr. Nocks could not be included in restitution to the victim’s family in the event Mr. Nocks is ordered by the court to do so.
The charges filed by the UDAF fall under the State’s administrative penalty system, and are designed to ensure adherence to state code by Utah businesses. Criminal punishment for code violations is left to the authority of local law enforcement jurisdictions.
The Department is satisfied that Bugman Inc. is willing to work with UDAF employees to ensure future compliance with pesticide regulations that protect the public.
“We believe this settlement is fair and abides by the intent of the Administrative Code,” said Clark Burgess, pesticide program manager. “I think this settlement sends a strong message to Utah pesticide companies, and the citizens of Utah, that pesticide laws must be respected and obeyed,” he added.
The UDAF continues to offer regular pesticide applicator training, and has increased its consumer information and pesticide enforcement duties.
Information for applicators: http://ag.utah.gov/divisions/plant/pesticide/applicators.html
Information for consumers: http://ag.utah.gov/divisions/plant/pesticide/consumers.html
Note: This news release serves as our only comment on the issue until Monday, Aug. 23, 2010.
The administrative hearing planned for the week of Aug. 23 - 26 has been canceled.
Posted August, 2010