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07 Sep 2012
court room gavel

Scotts Miracle Gro Fined $12.5 Million in Pesticide Case

CONTACT:
Enesta Jones
jones.enesta@epa.gov
202-564-7873
202-564-4355

FOR IMMEDIATE RELEASE
September 7, 2012

Scotts Miracle-Gro Will Pay $12.5 Million in Criminal Fines and Civil Penalties for Violations of Federal Pesticide Laws

WASHINGTON — The Scotts Miracle-Gro Company, a producer of pesticides for commercial and consumer lawn and garden uses, was sentenced today in federal district court in Columbus, Ohio, to pay a $4 million fine and perform community service for eleven criminal violations of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), which governs the manufacture, distribution, and sale of pesticides. Scotts pleaded guilty in February 2012 to illegally applying insecticides to its wild bird food products that are toxic to birds, falsifying pesticide registration documents, distributing pesticides with misleading and unapproved labels, and distributing unregistered pesticides. This is the largest criminal penalty under FIFRA to date.

In a separate civil agreement with the U.S. Environmental Protection Agency (EPA), Scotts agreed to pay more than $6 million in penalties and spend $2 million on environmental projects to resolves additional civil pesticide violations. The violations include distributing or selling unregistered, canceled, or misbranded pesticides, including products with inadequate warnings or cautions. This is the largest civil settlement under FIFRA to date.

“The misuse or mislabeling of pesticide products can cause serious illness in humans and be toxic to wildlife,” said Cynthia Giles, assistant administrator for EPA’s Office of Enforcement and Compliance Assurance. “Today’s sentence and unprecedented civil settlement hold Scotts accountable for widespread company noncompliance with pesticide laws, which put products into the hands of consumers without the proper authorization or warning labels.”

“As the world’s largest marketer of residential use pesticides, Scotts has a special obligation to make certain that it observes the laws governing the sale and use of its products. For having failed to do so, Scotts has been sentenced to pay the largest fine in the history of FIFRA enforcement,” said Ignacia S. Moreno, assistant attorney general for the Environment and Natural Resources Division of the Department of Justice. “The Department of Justice will continue to work with EPA to assure that pesticides applied in homes and on lawns and food are sold and used in compliance with the laws intended to assure their safety.”

In the plea agreement, Scotts admitted that it applied the pesticides Actellic 5E and Storcide II to its bird food products even though EPA had prohibited this use. Scotts had done so to protect its bird foods from insect infestation during storage. Scotts admitted that it used these pesticides contrary to EPA directives and in spite of the warning label appearing on all Storicide II containers stating, “Storcide II is extremely toxic to fish and toxic to birds and other wildlife.” Scotts sold this illegally treated bird food for two years after it began marketing its bird food line and for six months after employees specifically warned Scotts management of the dangers of these pesticides. By the time it voluntarily recalled these products in March 2008, Scotts had sold more than 70 million units of bird food illegally treated with pesticide that is toxic to birds.

Scotts also pleaded guilty to submitting false documents to EPA and to state regulatory agencies in an effort to deceive them into believing that numerous pesticides were registered with EPA when in fact they were not. The company also pleaded guilty to having illegally sold the unregistered pesticides and to marketing pesticides bearing labels containing false and misleading claims not approved by EPA. The falsified documents submitted to EPA and states were attributed to a federal product manager at Scotts.

In addition to the $4 million criminal fine, Scotts will contribute $500,000 to organizations that protect bird habitat, including $100,000 each to the Ohio Audubon’s Important Bird Area Program, the Ohio Department of Natural Resources’ Urban Forestry Program, the Columbus Metro-Parks Bird Habitat Enhancement Program, the Cornell University Ornithology Laboratory, and The Nature Conservancy of Ohio to support the protection of bird populations and habitats through conservation, research, and education.

At the time the criminal violations were discovered, EPA also began a civil investigation that uncovered numerous civil violations spanning five years. Scotts’ FIFRA civil violations included the nationwide distribution or sale of unregistered, canceled, or misbranded pesticides, including products with inadequate warnings or cautions. As a result, EPA issued more than 40 Stop Sale, Use or Removal Orders to Scotts to address more than 100 pesticide products.

In addition to the $6 million civil penalty, Scotts will complete environmental projects, valued at $2 million, to acquire, restore and protect 300 acres of land to prevent runoff of agricultural chemicals into nearby waterways.

The criminal case was investigated by EPA’s Criminal Investigation Division and the Environmental Enforcement Unit of the Ohio Attorney General’s Office, Bureau of Criminal Identification & Investigation. It was prosecuted by Senior Trial Attorney Jeremy F. Korzenik of the Justice Department’s Environmental Crimes Section of the Environment and Natural Resources Division, by Michael J. McClary, EPA Criminal Enforcement Counsel and Special Assistant U.S. Attorney and by Assistant U.S. Attorney J. Michael Marous.

The civil case was investigated by U.S. EPA Region 5’s Land and Chemicals Division and Office of Regional Counsel, and the U.S. EPA Headquarters Office of Civil Enforcement, assisted by the Office of Pesticides Program.

More information about the civil settlement and recalled products: http://www.epa.gov/compliance/resources/cases/civil/fifra/scottsmiraclegro.html

09 Feb 2012
nurturing healthy soils

Healthy Soils with help from Compost Tea

For the past year you have read our articles that described what is happening in the soil and the potential problems that can occur if that “life cycle” is disrupted either chemically or through our own use of the land.  Today I would like to talk to you about a tool that homeowners and gardeners can use to help get back your healthy soil – compost tea.

Brewing high-quality compost tea with consistent results is a challenge (much like brewing good-quality coffee or beer), which is why it’s critical to source the highest-quality compost and nutrients as well as utilize the best equipment and processes that will not harm the biology.  Brewing compost tea can be as simple as a five-gallon bucket and compost processed from home or as complex as a 250-gallon brewer, bio-assay tested compost, and an assortment of nutrients and soil additives, which is the approach that Backyard Organics™ takes.  In addition to the technical design of the equipment and the science behind the formulations, timing of the applications is critical.  Compost tea is a live, active, aerobic blend of microbes, which are rapidly expanding and can become unfavorable if they run out of nutrients and become anaerobic. Applying compost tea with the first 48 of a finished brew cycle is critical to receiving a quality product.

A good-quality compost tea has a quantity and diversity of microbes.  Compost teas that achieve high quantities and a good diversity of bacteria, fungi, nematodes and protozoas are able to combat a larger variety of symptomatic issues.  Each community, each neighborhood and each yard have unique soil needs.  Having a high count and a diverse group of microbes ensures consistent results.  Also, applications within a yard can vary, which is why it’s important to be able to understand the differences between a fungal-dominated need versus a bacterially dominated need.  For example, certain grasses prefer a more bacterially dominated compost whereas certain trees and shrubs prefer more fungal activity. This is why it’s always important to test your soils prior to applying amendments.

Verified benefits of compost tea

  1. Improves soil structure and porosity – creating a better plant root environment
  2. Increases moisture infiltration and permeability, and reduces bulk density of heavy soils – improving moisture infiltration rates and reducing erosion and runoff
  3. Improves the moisture holding capacity of light soils – reducing water loss and nutrient leaching, and improving moisture retention
  4. Improves the cation exchange capacity (CEC) of soils
  5. Supplies organic matter
  6. Aids the proliferation of soil microbes
  7. Supplies beneficial microorganisms to soils and growing media
  8. Encourages vigorous root growth
  9. Allows plants to more effectively utilize nutrients while reducing nutrient loss by leaching
  10.  Enables soils to retain nutrients longer
  11. Contains humus – assisting in soil aggregation and making nutrients more available for plant uptake
  12. Buffers soil pH

In addition to the numerous biological benefits, compost tea also has a practical side that can greatly benefit the homeowner.  Compost tea, whether you brew it yourself or have someone apply it for you, can be applied as a foliar feeder.  Feeding the leaves of plants, shrubs and trees, efficiently uptakes nutrients, stimulates the plant rhizosphere and acts as a protector against harmful leaf diseases.  Also, compost tea is much easier to spread and faster acting than compost with the same biological benefits of a compost top dressing application (we would still recommend compost application if your soil is lacking organic matter).

Here is what a few experts in the field have to say about compost tea:

“Aerated compost teas are the latest in scientific organic research today. In many ways, aerated teas offer greater immediate benefits than classic compost, manure or other homemade foliar teas” – The Garden Web

“Good tea is worth the trouble to brew because it can transform your lawn and garden” – Paul Tukey, author of the Organic Lawn Care Manual

“Compost tea is one of the inputs on the horizon that will change the way we deal with several of the management aspects of growing high-quality turfgrass, either in your backyard, on your town’s parks and athletic fields, or on commercial and institutional properties” – Chip Osborne, Osborne Organics

Dr. Elaine Ingham, a leading researcher and founder of the Soil Food Web organization, sums the benefits of compost teas up best … “The use of actively aerated tea, when applied under a proper management regime, returns beneficial biology to the soil.  This in turn rebuilds a soil food weed which, reduced dependency on fertilizers and pesticides, improves plant growth and reduces disease, significantly reduces water use, reduces toxicity and encourages the healthy establishment of healthy biology” – Dr. Elaine Ingham, President and Director of Research at Soil Foodweb, Inc.

Backyard Organics™ firmly believes in the benefits of organic land care and agrees with Chip Osborne and experts in the field who believe that compost teas will be one of those “tools” that will change the way we deal with land care in the future.

Todd and Tara Rockweit are owners of Backyard Organics, LLC, Wisconsin’s first organic land care business accredited by NOFA, one of two organizations in the country that accredit Organic Land Care Professionals (AOLCPs). Backyard Organics also supplies a variety of natural and organic products for people, pets and prop­erty. To read more about our products and service, or to submit a question, please visit us at www.backyardorganics.net, e-mail us at info@back­yardorganics.net or call us at 920.850.7450.

01 Dec 2011

Creating a Self Sustained Lawn Care Program and Why Bacteria Play a Large Role

What They Are and A Few Interesting Facts

Bacteria are minuscule, one-celled organisms that can only be seen with a powerful light (1000X) or electron microscope (we’re talking TINY). They can be so numerous that a pinch of soil can contain millions of organisms. Bacteria are tough—they occur everywhere on earth and have even been found over a mile down into the core of the earth.

Bacteria can be classified into five functional groups. Autotrophic (literally, self-feeding) bacteria are photosynthetic. They are the primary producers. Decomposers consume soil organic matter, plant litter, and simple carbon compounds, releasing the nutrients in these substances for use by living plants. Mutualists, such as nitrogen-fixing bacteria, form associations with plants and help them absorb nutrients. Pathogens are the bad guys— they cause disease in plants. The last group, the chemolithotrophs (literally, chemical and rock-eating) obtain energy from minerals rather than from carbon compounds.

Bacteria are common throughout the soil, but tend to be most abundant in or adjacent to plant roots, an important food source.

Actinomycetes are a broad group of bacteria that form thread-like filaments in the soil. They are responsible for the distinctive scent of freshly exposed, moist soil.

Why They Are Important

Bacteria are important in the carbon cycle. They contribute carbon to the system by fixation (photosynthesis) and decomposition. Bacteria are important decomposers in grassland environments. Actinomycetes are particularly effective at breaking down tough substances like cellulose (which makes up the cell walls of plants) and chitin (which makes up the cell walls of fungi) even under harsh conditions, such as high soil pH. Some management activities, particularly those that change nutrient levels in the soil, can shift the dominance of decomposers from bacterial to fungal. When one group becomes dominant where it shouldn’t be, there is also a shift in the rest of the system. The shift from bacterial to fungal dominance, for instance, can enhance the conditions favoring weed invasions on rangelands.

Bacteria are particularly important in nitrogen cycling. Free-living bacteria fix atmospheric nitrogen, adding it to the soil nitrogen pool. Other nitrogen-fixing bacteria form associations with the roots of leguminous plants such as lupine, clover, alfalfa, and milkvetches. Actinomycetes form associations with some non-leguminous plants (important species are bitterbrush, mountain mahogany, cliffrose, and ceanothus) and fix nitrogen, which is then available to both the host and other plants in the near vicinity. Some soil nitrogen is unusable by plants until bacteria convert it to forms that can be easily assimilated.

Some bacteria exude a sticky substance that helps bind soil particles into small aggregates. So despite their small size, they help improve water infiltration, water- holding capacity, soil stability, and aeration.

Wait! Aren’t there also “bad” bacteria? Yes, there are, but some soil bacteria suppress root-disease in plants by competing with pathenogenic organisms. The key is in maintaining a healthy system so that the good guys can do their work.

Bacteria are becoming increasingly important in bioremediation, meaning that we (people) can use bacteria to help us clean up our messes. Bacteria are capable of filtering and degrading a large variety of human-made pollutants in the soil and groundwater so that they are no longer toxic. The list of materials they can detoxify includes herbicides, heavy metals, and petroleum products.

The process that Backyard Organics uses to cleanse and enrich the soil, focuses on the quality, quantity and diversity of the microbiology that goes into our applications.  Diversity is important because, (depending on your soil conditions) every soil is different.  Having a wide variety of bacteria handles a wide variety of deficiencies.  In order for the bi-products of the microbiology to be of any value, however, the soil food web needs to continue its cycle with the help of arthropods, nematodes and protozoa’s, (the shredders, predators and grazers found in the third trophic level of the soil food web).  Backyard Organics provides the necessary predators by using good quality compost, naturally rich with nematodes and protozoa, and then extracts them using our brew process.  We then add a variety of appropriate nutrients that help the microbiology live and prosper until your soil is able to sustain itself.

 

Learn More!

“BLM NSTC Soil Biological Communities – Learn More.” BLM – The Bureau of Land Management. Web. 29 Nov. 2011. <http://www.blm.gov/nstc/soil/learn/index.html>.

Ingham, Elaine. 1998. The soil biology primer, soil bacteria. USDA, Natural Resources Conservation Service, Soil Quality Institute.

Kennedy, A.C. and R.I Papendick. 1995. Microbial characteristics of soil quality. Journal of Soil and Water Conservation 50 (3) 243-248.

Vollmer, A.T., A. Au, and S.A. Bamberg. 1977. Observations on the distribution of microorganisms in desert soil.Great Basin Naturalist 37 (1) 81-86.