07 Sep 2012
court room gavel

Scotts Miracle Gro Fined $12.5 Million in Pesticide Case

CONTACT:
Enesta Jones
[email protected]
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

28 Feb 2012
habitat for humanity fox cities

Building Successful Homeowners through Education

Providing low-income families with an affordable home addresses only part of the issue of poverty; in addition to building houses, Greater Fox Cities Area Habitat for Humanity works to ensure that our first-time homebuyers become knowledgeable homeowners.

Families that partner must demonstrate that they have a genuine need for decent, safe and affordable housing, that they have the ability to pay a 0% mortgage, and that they are willing to partner with Habitat by committing to 300-500 hours of ‘sweat equity’.  Sweat equity hours can be met by working on their home, volunteering on the homes of other Habitat families and attending workshops and education sessions.  As a part of their sweat equity, all the adults in our partner families are required to complete over 55 hours of homeowner education.

Habitat for Humanity makes these classes a requirement because we know that education and preparation is the key to self-sufficiency.  Of the 55 hours, about 30 hours focus on financial literacy and financial preparedness, including understanding their mortgage, establishing monthly budgets, planning for a financial emergency, etc.

Since our families are mostly first-time homebuyers and are often the first in their extended families to live in their own home, we also conduct classes that help them transition into homeownership.  The topics addressed in this track include how to be a good neighbor, community relations, and home maintenance.  It is with the help of our family partners, mentors and class facilitators that Habitat can offer such an extensive range of topics to get our families ready for financial stability, and Habitat is blessed to have so many experts in their fields lend their expertise to our families.

Their new yard is often the first time Habitat families have had a yard, and typically aren’t familiar with lawn maintenance or landscaping.  Backyard Organics has stepped in to help our Habitat homeowners with getting their new lawns established, and is donating their services for all our 2011 families.  The purpose of Backyard Organics is to create a safe environment for families, pets and the planet.  Backyard Organics uses safe, earth-friendly methods for weed control, soil conditioners and also offers soil manipulation and testing services.  Backyard Organics utilizes the principles set forth by the Northeast Organic Farming Association (NOFA), and was the first organic land care business accredited by NOFA.

For 2011, there are 14 Habitat families, which is an increase from 2010.  Greater Fox Cities Area Habitat for Humanity would not be able to increase our ability to provide decent homes in a holistic manner without the generosity and support of our wonderful volunteers and partner businesses like Backyard Organics!  

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.