FLORIDA
Sunland Pest Control Services Inc., Grenale Williams, 53, of South Bay, Florida, and Canarie Deon Curry, 40, of Riviera Beach, Florida, were each sentenced today to a year in prison for the illegal application of pesticide. Sunland was put on five years probation, according to officials.
In June 2015, a family contacted Terminix for home fumigation for termites under and existing warranty. Without approval, Terminix subcontracted the work to Sunland, according to officials.
The fumigation occurred over a weekend and the residents returned to their home on Sunday, Aug. 16, 2015, to find a clearance tag on the front door indicating that it was safe to enter, officials said.
During the evening, officials said several family members became ill, and medical attention was sought for their nine year old son. It was determined that the family’s symptoms were consistent with pesticide poisoning.
Sunland, Williams and Curry, previously pleaded guilty for their involvement in the illegal application of sulfuryl fluoride (a pesticide), contrary to the label’s safety requirements, authorities said.
Sunland also pleaded guilty to making false statements in connection with the investigation.
“Today’s sentencing sends an important message to both corporations and civilians regarding the importance of federal pesticide regulation compliance and the criminal penalties that will be imposed upon the violators,” said U.S. Attorney Wilfredo Ferrer. “Everyone must abide by established safety protocol in order to protect the public from potential harm.”
According to court documents, the federal Insecticide, Fungicide and Rodenticide Act or FIFRA regulates the use of pesticides, including those designated for restricted use due to their potential adverse effects, including serious injury.
Application of restricted use pesticides is limited to certified applicators or those under the direct supervision of certified applicators.
Sulfuryl fluoride, a commonly used antimicrobial in structural fumigations for termites, is one such restricted use pesticide that is registered with the EPA.
At the heart of the safe use of such pesticides is compliance with the product label, which includes the written, printed, or graphic matter associated with the pesticide.
Under FIFRA, the label is the law, and strict compliance with it is critical to the safe application of the restricted use pesticide. Federal law also prohibits the making of material false statements in a matter within the jurisdiction of the EPA.
A subsequent investigation revealed that contrary to the label requirements for use of the potentially deadly gas, the defendants failed, among other violations to do the following:
- Provide the Fact Sheet for the pesticide being used
- Have the required number of properly trained personnel on site following the application of the pesticide
- Properly aerate the fumigated space
- Conduct clearance testing with an approved and calibrated Low Fumigant Level Detection Device.
In addition, a clearance tag was left at the premises indicating it was safe to enter when in fact the requisite procedures had not been completed.
The family was falsely assured by Terminix and Sunland that the aeration and clearance requirements had been met.
Additionally, Sunland representatives misrepresented the specific brand of pesticide that was used and indicated that the fumigation, aeration and clearance of the home was in accordance with the law when in truth and fact, the defendants were not in compliance, according to officials.