Pesticide case against Ag-Mart heads to court
Thursday, March 30th, 2006
By Chris Fitzsimon
Company also facing new charge that safety equipment was denied
RALEIGH - After months of negotiations over the state’s largest fine for pesticide violations, some North Carolina regulators say the time for a settlement has passed and sent the case for a hearing.
The state Pesticide Board on Tuesday gave the case to the Office of Administrative Hearings, where an administrative law judge will hear evidence and make a recommendation to the board about the appropriate punishment for tomato grower Ag-Mart.
The state Agriculture Department fined Ag-Mart $184,500 in October. Ag-Mart has not given up on negotiating a settlement, which is how most pesticide violations are handled, said the company’s attorney, Mark Ash.
"It’s beyond that," pesticide board chairman Scott Whitford said after the board’s Tuesday meeting. "We’re going to court now."
The pesticide board, composed of volunteers appointed by the governor, will make the final decision on the company’s punishment. Board members said they aren’t qualified to sort through days worth of legal evidence better left to a trained jurist.
Ag-Mart welcomes an impartial hearing, company spokesman Leo Bottary said.
"We obviously feel very confident about our position," he said.
State pesticide inspectors interviewed workers and sorted through records and employee work schedules over six months to build their case against Ag-Mart. The privately held company grows about 1,100 acres of grape tomatoes in Brunswick and Pender counties, sold under the Santa Sweets brand name. (more…)
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