Investigation & Findings
In March of 1997, following a complaint, the Massachusetts Pesticide Bureau initiated an investigation into the use of the herbicide Pathway by the Division of Fisheries and Wildlife. Pathway is listed on the Pesticide Bureau web site as a restricted use product, meaning that a license is required to purchase and posses the material and anyone applying the material must be licensed by the state as a commercial pesticide applicator. Although not widely known, a report was issued in November of 1997. The results of their findings are as follows:

-Illegal purchase, possession, and use of a restricted material without a license.
-Illegal use of unlicensed, untrained persons as applicators.
-Violation of MGL 111F (Right to Know)
-Violations of MGL 132B and 333 CMR

Violations of MGL 132B and 333CMR are as follow:

    333CMR
      13.03 (2) use inconsistent with label
        10.04 training requirements for a restricted use material
        10.02 violations dealing with application, storage, transport and disposal**

**Most waste was placed in the landfills of Bourne, Sandwich, and Falmouth with household trash, in violation of EPA standard U-240

.

    MGL 132B sec 6A  dealing with license requirements

Of interest, MGL 132B sec 14 carries a maximum penalty of $25,000 in fines and/or one year incarceration for each indivdual violation. Multiply that by ten years of use and the figure is astronomical. In a four year period documented in the report, 104 illegal applications were listed. Based on the maximum penalty that would equal $2,600,000 in fines, and/or 104 years incarceration. Yet only a"Warning" was issued to a field supervisor in the Westboro office at that time. This warning certainly seemed to have made an impact, as in the August 9th 2001 edition of the Boston Globe this same person was exposed as having demolished a building filled with asbestos, again without any of the required permits or safety regulations being followed. Once again "Your Government, Your Way." This apparently is not the mindset of the responsible individuals, yet they do interpret this to mean "Their Way." Perhaps you or I, in the same set of circumstances, would also receive a warning. Do you believe that would be the result? The Attorney General's web site lists a similar violation, yet that resulted in a $25,000 fine to an individual. Now that's equal treatment under the law!

Last, yet certainly not least, the Pesticide Bureau states "They have no idea as to the possible health effects", yet why was this not refered to the Department of Public Health for evaluation?

How many Cape residents,seasonal visitors, animals both wild and domestic, and people simply out to enjoy nature have been affected, some possibly not even aware of it yet !

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Links:
MGL 132B
333 CMR
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