Articles
Agrochemicals
Agrochemicals are the chemicals used to manage the growth and production of agricultural products. These include herbicides, pesticides, fertilizers, and hormones. Herbicides kill unwanted plants that interfere with the growth of wanted crops or which can harm grazing livestock. Pesticides include insecticides, fungicides, and rodenticides. Insecticides control insects that destroy crops, inhibit their growth, or make them unmarketable. Insecticides are also used in livestock production. Fungicides control fungi that can also harm crops. Rodenticides are chemicals that control mice and rats, and sometimes, other wildlife. Soil is usually conditioned by adding nutrients in the form of fertilizer. At times, hormones and other chemicals may be added to the feed of livestock to produce desired results.
One of the most important issues in agrochemical law is pollution control. Even when carefully applied, agrochemicals usually find their way into the air, soil, and water. When a chemical that is a pollutant is discharged directly into the air or water, this is known as point source pollution. Non-point source pollution occurs when a regulated chemical runs off of the soil into the water, dissipates into the air, or otherwise migrates from its intended target into the environment. The possibility of both point source and non-point source pollution is why agricultural chemicals are strictly controlled.
The Federal Insecticide, Fungicide, and Rodenticide Act mandates that most pesticides must be registered with the Environmental Protection Agency (EPA). The use of unregistered pesticides is prohibited by law. In considering whether to register a pesticide, the EPA must weigh the adverse environmental effects of the pesticide against the economic and social benefits of the pesticide.
Even when a pesticide or other chemical is registered, a permit may be required before applying it. Even where no permit is required, most agrochemicals must be applied according to strict regulations. Use of an unregistered pesticide, failure to obtain a necessary permit, or failure to use the proper application process may subject a farmer or rancher to fines and other penalties.
Even careful use of some chemicals can result in damage to neighboring properties. In some states, the application of such chemicals gives rise to strict liability. Strict liability means that the party applying the chemical is liable for any damages resulting from such application, even if the party is as careful as possible. In other states, neighbors can sue for damages resulting from chemical applications only where it can be shown that the application was made negligently.
In some instances, the state or federal government can order that a property contaminated with agrochemicals or other toxic materials must be cleaned up. The costs of the clean up may be assessed to the party who contaminated the property, but in some cases, a current owner who did not contribute to the contamination may be liable for clean up costs.
Some plants are now genetically engineered to be resistant to insects or other pests. This reduces the need for pesticides but raises new issues about the patent rights of the party who developed the genetically engineered plant. There are also concerns about the effect of pesticides and other food-quality procedures, such as irradiation, on consumers. Such procedures are usually permitted only after extensive government testing.
Form: Lawsuit Defendant
To read and printout a copy of the Form please click below.
You can download a free copy of Adobe Acrobat Reader here.
Copyright © 1994-2006 FindLaw, a Thomson business
DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.
