#1South Dakota DEPARTMENT OF AGRICULTURE South Dakota Pesticide Drift Incident Presentation Sherrie Petersen, South Dakota Agriculture Inspector Department of Agriculture#2South Dakota DEPARTMENT OF AGRICULTURE The Complaint process Complaints come in from the public and from other government agencies. • The complainant may remain anonymous, but can't be notified of final action. • Complainant is notified of the action taken by the department.#3South Dakota Ag Program Specialist Records DEPARTMENT OF AGRICULTURE . Complaint Information • The Dept. of Agriculture is required to investigate all complaints that are reported within 30 days after the date that damages occurred. • At least 75% of the crop must be standing. • The department has discretion after 30 days of noticing damage.#4South Dakota DEPARTMENT OF AGRICULTURE Process: The complaint is forwarded to an Ag. Inspector in the region where the complaint originated.#5Harding Perkin Butter Hakon Chewy M Campbel McPherson Brown Day Grant Potter Hand Jul Brula Aurors Brookings Couga Ho Turner Tripp Todd Gregory INSPECTOR AREAS AGRONOMY PROGRAMS & USDA PESTICIDE RECORDS Heather Rogers Sherrie Peterson Kan Car Levi Clamen Jim Konech DM#6South Dakota The Ag. Inspector interviews DEPARTMENT OF AGRICULTURE complainant: Did they see the actual application? What were the date and time of the application? Do they remember the weather conditions. at the time? Do they know who did the spraying?#7South Dakota DEPARTMENT OF AGRICULTURE Interview continued: If the complainant did any spraying on their own property, and if so, obtain records or information. Inspector will then proceed to damaged area and obtain samples, take photos and note if there is a visible drift pattern.#8South Dakota DEPARTMENT OF AGRICULTURE . Inspector's Process Checks who owns the property adjacent to the complainant's damaged property. • Documents if spraying took place, and if so, gathers the information. • Also checks with county weed boards and Department of Transportation to see if any ROW spraying occurred in the complaint area.#9South Dakota DEPARTMENT OF AGRICULTURE Inspector's Process Cont. Sends samples to the South Dakota lab in Brookings for chemical analysis. • Obtains weather data on date of application from a weather station nearest to the site. • Or, from several weather stations surrounding the complaint site to determine weather patterns.#10South Dakota DEPARTMENT OF AGRICULTURE Drift Case Specifics On July 26, 2018, I receive a potential pesticide drift complaint that came in on a non-dicamba soybean field owned by Bill Smith. • On July 23, 2018 is when Mr. Smith noticed damaged to his soybean field. • Between July 11 and 12, 2018, Mr. Smith witnessed a sprayer and a truck parked#11South Dakota DEPARTMENT OF AGRICULTURE Cont. Drift Case Specifics Cont. in a Dicamba soybean field located NE of Mr. Smith's potentially damaged soybean field. Jim Wilson is the owner of the Dicamba soybean field located NE of Mr. Wilson's non-dicamba soybean field.#12South Dakota DEPARTMENT OF AGRICULTURE . Cont. Drift Case Specifics On July 10, 2018, between the times of 5:00-8:45pm Mr. Wilson applied Xtendimax, RT3 and Affect. The local weather station reported a SSW wind at 10-15 mph with wind gusts up to 22 mph on July 10, 2018.#13South Dakota DEPARTMENT OF AGRICULTURE . . Cont. Drift Case Specifics Craig Johnson is the owner of a dicamba soybean field located NW of Mr. Smith's soybean field. On July 10, 2018, between the times of 6:30-11:30 am. Mr. Johnson applied Engenia, Roundup Powermax, Tapout, Zaar and Point Blank#14South Dakota DEPARTMENT OF AGRICULTURE . Cont. Drift Case Specifics The local weather station reported a SE, SSE at 9-15 mph between the times of 5:53-11:53 am. The Local weather station reported a SSW wind at 10-15 mph with wind gusts up to 22 mph on July 10, 2018.#15South Dakota DEPARTMENT OF AGRICULTURE Cont. Drift Case Specifics Tony Holm is the owner of a corn field. located west of Mr. Smith's damaged soybean field. Holm applied Roundup Powermax on June 12, 2018. • The local weather station for June 12, 2018 between the times of 12:53-2:53pm indicated the wind was N, NNW at 7-9 mph#16South Dakota DEPARTMENT OF AGRICULTURE Cont. Drift Case Specifics John Long is the owner of a corn field located east of Mr. Smith's damaged soybean field. Long applied Status and Cornerstone on June 12, 2018, between the times of 1:00-3:00pm. • The local weather station for June 12, 2018 between the times of 12:53-2:53pm indicated the wind was N, NNW at 7-9 mph#17South Dakota DEPARTMENT OF AGRICULTURE W Write a description for your map. Google Earth ©2018 Google Google Map showing the damaged soybean field sprayed Engenia 35 12-SP-19 sprayed corn S sprayed Xtendimax Long 13-SP-19 14-SP-19 sprayed corn 31 A N E#18South Dakota DEPARTMENT OF AGRICULTURE This photo was taken facing south on the north end of the field.#19South Dakota DEPARTMENT OF AGRICULTURE 3 foliage Samples where pulled. Sample Number 12 was pulled 25 Ft from the North fence line, on the North side of the damaged field. QORPAK® BOTTLES 12-SP-19. 25 Ft Frim N. Fence Soybeans Link Fell 2018 N:043 1:02#20South Dakota DEPARTMENT This is a close of view of the AGRICULTURE Soybean plant in sample number 12 2018 02 50 851#21South Dakota DEPARTMENT OF AGRICULTURE Sample Number 13 Sample 13 was taken 30 Ft from the east side of the fence line, east side of the field This is a close up view of the soybean plant in sample number 13 QORPAK BOTTLES 13-SP-19 Soft From East Fence Lin Soybeans of field 2018 7/27 1:08 097-55'414 7043 50 5 1:043#22South Dakota DEPARTMENT OF AGRICULTURE Sample Number 14 Sample Number 14 was taken 75 Ft from the shelter belt, south side of the field. This is close up view of the soybean plant in sample number 14 15th Fox Shelterbelt 2018 1:097 27 51 1:043.50 29. 2018 7/27 1:17 W: 097 55' 42.51" N 043 50' 29. 28"#23South Dakota DEPARTMENT OF AGRICULTURE This is a picture of the Dicamba field across the road where Mr. Smith noticed the spray truck sitting#24South Dakota DEPARTMENT OF AGRICULTURE Performed By: South Dakota Agricultural Laboratories Agricultural and Analytical Testing SOUTH DAKOTA DEPARTMENT DE AGRICULTURE Collected By Division of Agricultural Services Foss Building 523 E Capitol Preme SD 57501-3182 Phone: (605) 773-4432 Fax (605) 773-3481 Report Date: 2018-09-20 Final Report South Dakota Agricultural Laboratories have examined the sample of Product: Soybeans Lot Number: Inspector No: 12-SP-19 Collection Date: 2018-07-27 Date Received: 2018-07-31 Laboratory Number: 18R006363 Package ID: 20180730-001 Guarantor: Agent/Owner: Sample Collection Location: 25 FT from the north fence line/ North side of field ANALYTE FOUND DETECTION LIMIT METHOD DUPLICATE BLANK SPIKE REC % 2,4-D 5.74 ppb 2 Clethodim ND ppb 5 Dicamba 6.73 ppb 1 GC-MS/MS LC-MS/MS GC-MS/MS 5.56 18R006364 ND 100 ND 133 7.07 ND 105 Dicamba Metabolite (DCSA) ND ppb 50 GC-MS/MS ND ND 65 Diflufenzopyr ND ppb 5 Dimethenamid ND ppb 5 Glyphosate 467 ppb 10 LC-MS/MS LC-MS/MS LC-MS/MS ND ND 105.9 18R006364 18R005727 ND 111 ND 114 Additional active ingredients found but not requested ANALYTE Atrazine Glufosinate Comments: FOUND 37.10 ppb 157.00 ppb Reviewed By: Regina Wixon, Ph.D. THE RESULTS OF THIS EXAMINATION WILL BE PUBLISHED AS PROVIDED BY LAW. Page 1 of 3 DUPLICATE 18R006371 ppb 18R005727 ppb#25South Dakota DEPARTMENT OF AGRICULTURE Performed By: South Dakota Agricultural Laboratories SOUTH DAKOTA Collected By Division of Agricultural Services Foss Building 523 E Capit Pere, SD 57501-3182 Phone (605) 773-4432 Fax (605) 773-3481 ENPARTMENT OF AGRICULTURE Agricultural and Analytical Testing Report Date: 2018-09-20 Final Report South Dakota Agricultural Laboratories have examined the sample of Product: Soybeans Lot Number: Inspector No: 13-SP-19 Collection Date: 2018-07-27 Date Received: 2018-07-31 Laboratory Number: 18R006364 Guarantor. Agent/Owner: Sample Collection 30 FT from the east fence line - East side of field Location: ANALYTE Package ID: 20180730-002 FOUND DETECTION LIMIT METHOD DUPLICATE BLANK SPIKE REC% 2,4-D Clethodim 4.80 ppb ND ppb 2 5 Dicamba 1.53 ppb 1 Dicamba Metabolite (DCSA) ND ppb 50 GC-MS/MS LC-MS/MS GC-MS/MS GC-MS/MS 18R006363 ND ND 100 ND 133 18R006363 ND 105 18R006363 ND 65 Diflufenzopyr ND ppb 5 LC-MS/MS 18R005632 ND 105.9 Dimethenamid ND ppb 5 LC-MS/MS ND ND 111 Glyphosate 274 ppb 10 LC-MS/MS18R00572718R005727 ND 114 Additional active ingredients found but not requested ANALYTE Atrazine Glufosinate Comments: FOUND 22.40 ppb 161.00 ppb Reviewed By: Regina Wixon, Ph.D. THE RESULTS OF THIS EXAMINATION WILL BE PUBLISHED AS PROVIDED BY LAW. Page 1 of 3 DUPLICATE 21.00 ppb 18R005727 ppb#26South Dakota DEPARTMENT OF AGRICULTURE Performed By: South Dakota Agricultural Laboratories Agricultural and Analytical Testing SOUTH DAKOTA DEPARTMENT OF AGRICULTURE Collected By: Dsion of Agricultural Sonnces Foss Building 523 E Capitol Pieme, SD 57501-3182 Phone (605) 773-4432 Fax (605) 773-3481 Report Date: 2018-09-20 Final Report South Dakota Agricultural Laboratories have examined the sample of Product: Soybeans Lot Number: Inspector No: 14-SP-19 Collection Date: 2018-07-27 Date Received: 2018-07-31 Laboratory Number: 18R006365 Guarantor: Agent/Owner: Sample Collection 75 Ft from the shelter belt - south side of the field Location: Package ID: 20180730-003 ANALYTE FOUND DETECTION LIMIT METHOD DUPLICATE BLANK SPIKE REC % 2,4-D Clethodim 5.61 ppb ND ppb 2 5 Dicamba 1.30 ppb 1 GC-MS/MS LC-MS/MS GC-MS/MS 18R006363 18R006364 ND 100 ND 133 18R006363 ND 105 Dicamba Metabolite (DCSA) ND ppb 50 GC-MS/MS 18R006363 ND 65 Diflufenzopyr ND ppb 5 LC-MS/MS 18R005632 ND 105.9 Dimethenamid ND ppb 5 Glyphosate 492 ppb 10 LC-MS/MS LC-MS/MS 18R006364 ND 111 18R005727 ND 114 Additional active ingredients found but not requested ANALYTE Atrazine Bromoxynil Clopyralid Glufosinate Picloram Comments: DUPLICATE FOUND 17.40 ppb 18R006371 ppb 18R006363 ppb <5 ppb <5 ppb 18R006363 ppb 160.00 ppb 18R005727 ppb 6.66 ppb 18R006363 ppb Reviewed By: Rogina Wixon, Ph.D. THE RESULTS OF THIS EXAMINATION WILL BE PUBLISHED AS PROVIDED BY LAW Page 1 of 3#27South Dakota DEPARTMENT OF AGRICULTURE In Conclusion • Mr. Wilson did not have the required Dicamba training to applicate the Dicamba product Xtendimax. • Mr. Wilson also used RT3 and Affect which was not a approved tank mix. • Mr. Wilson was also making an application over 10 mph.#28South Dakota DEPARTMENT OF AGRICULTURE . • In Conclusion The Xtedimax with VaporGrip Technology label states: Training Prior to applying this product in the 2018 growing season and each growing season thereafter, applicators must complete dicamba or auxin-specific training. If training is a available and required by the state where the applicator intends to apply this product, the applicator must complete the training. The Xtendimax with VaporGrip Technology label states: Tank mixing instructions DO NOT tank mix any product with Xtendimax with VaporGrip Technology unless: The intended tank mix product is identified on the list of tested products.#29South Dakota DEPARTMENT OF AGRICULTURE In Conclusion The Xtedimax with VaporGrip Technology label states: Sprayer Setup Do Not apply when wind speeds are less than 3 mph or greater than 10 mph • Mr. Wilson was fined $2,000 dollars for the fines listed above.#30South Dakota DEPARTMENT OF AGRICULTURE Complete Investigation • After field investigation is completed, the Ag. Inspector puts the information together and forwards it to the Enforcement Specialist with the Department of Ag.#31South Dakota Enforcement Specialist & DEPARTMENT OF AGRICULTURE . Case Development Ag. Program Specialist will review the Inspector's report Assign follow-ups as needed Lab sample results are sent to Department of Agriculture in about 30- 60 days.#32South Dakota DEPARTMENT OF AGRICULTURE . Ag Specialist Summary • The Ag Specialist will look for several things when recommending action: - Is everyone licensed? -Were pesticide labels followed? -Time frames between applications to damage symptoms. - Wind direction at the time of application.#33South Dakota DEPARTMENT OF AGRICULTURE . Case Review: • The Program Specialist makes a . recommendation. Dept. staff collectively reviews the recommendation and a final decision is made.#34South Dakota DEPARTMENT OF AGRICULTURE . Final Action • No Action Taken - Summary Letter . Penalties: -Warning Letter -Settlement Agreement -Revocation of License#35South Dakota DEPARTMENT OF AGRICULTURE No Response to Settlement Agreement Case file forwarded to Attorney General's Office#36Final Action Received South Dakota DEPARTMENT OF AGRICULTURE • Summary Letter to Complainant Case Closed#37South Dakota DEPARTMENT OF AGRICULTURE Statics from 2018 Dicamba Drift Complaints 334 samples were taken in total of all the drift cases and sent into the lab • 46 drift cases where reported.#38Questions?#39PRLD'S WILL WIRAL PALACE S A 2018 SALUTE TO MILITARY 2019 USS South Dakota 1942 USS South Dakota 2018 CORN#40WORLD'S ONLY CORN PALACE U S A 18 SALUTE TO MILITAPY 2019 FREE WORLD'S ONLY CORN PALACE#41WORLD'S ONLY CONN PALACE U S LO A 2018 SALUTE TO MILITARY 2019 FREE USS South Dakota 342