Suppose the phone rings in Dave Scott’s office this summer. He is the pesticide administrator with the Office of the Indiana State Chemist. The caller is a homeowner who lives in rural Indiana and is irate about what the person believes to be damage to their garden after herbicides were sprayed in a nearby field. If it was your field, what can you expect to happen next?
The call is a complaint, which sets off a seven-step process, Scott says. Whenever a complaint is lodged, OISC is required by law to follow up. OISC will deal directly with the person filing the complaint, but you can be sure you will wind up in the loop, as well.
Here are the seven steps:
1. The call triggers an investigation. If human health appears to be at risk, the claim will be investigated immediately, Scott says. If not, the investigation will begin within 14 days.
2. An OISC investigator contacts the person who made the complaint. The first step is for the investigator to arrange a time with the person who filed the complaint to come out and inspect the alleged damage.
3. The investigator visits the site. Investigators are instructed to take as many photos as possible, Scott says. They may also take various plant samples, depending upon the situation. In some cases, they may bring back samples of leaf tissue and have them examined at Purdue University's Plan and Pest Diagnostic Laboratory. Once in a while, the damage is actually from a disease or other cause that mimics herbicide injury.
4. The investigator contacts the applicator. Here’s where you may get involved. If it was a custom application, the investigator will also contact the person or company that made the application. He or she will want to see records of the application, and try to determine important facts, such as wind speed on the day of application. If the investigator discovers that you didn’t follow certain label requirements, even if it didn’t directly affect this incident, you can be subject to violations.
5. OISC staff and administrators review the evidence. The investigator’s report and all information collected will be forwarded to administrators within OISC, Scott says. They will examine the case and determine if violations occurred. This process can take from several months to as long as a year.
6. Administrators determine if a violation was committed. If there was a violation of state or federal pesticide law, the applicator will be notified, Scott says. OISC will take action. This may mean a warning letter, a fine or something as severe as revoking the applicator’s license.
7. People are notified about the resolution of the case. The person who filed the complaint will receive an official report once the investigation is finished, Scott says. The applicator will receive a report, as well. Once the investigation is concluded, the information becomes public. Anyone can review cases that have been investigated and closed by visiting the OISC website, oisc.purdue.edu.
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