New Documentary Explores Pesticide Drift in Washington State

Filmmaker Nate Midgley has completed work on a new documentary that delves into the problem of pesticide drift in Washington State.

The film focuses on three women whose experiences with the practice have led to health issues and other problems.

Columbia Legal Services, based in Washington, has filed suit against Jones Produce and Ag Air Flying Service on behalf of seven former farm workers affected by pesticide drift. Columbia helped to produce the video.

From Columbia’s press release:

“The pesticide laws are very clear,” says Joe Morrison, a Columbia Legal Services attorney who represents the workers. “It is a violation to spray in a manner inconsistent with the label and the labels clearly state not to permit drift onto people.”….

Plaintiff Modesta Arista Gomez and her daughter Rocio Gomez allege there was no prior notice that pesticides would be sprayed that day. “When the plane was passing over us, we didn’t give it a lot of thought. We were working and doing our jobs. Then we started to smell something really awful. I’ve never smelled anything like it,” Ms. Arista stated. Ms. Arista alleges that shortly after the spray she began to feel ill, along with many other workers.

It is a violation of the law to apply pesticides contrary to warning labels. The safety label for Silencer, one of the chemicals sprayed in the case, clearly states: “WARNING: May be fatal if swallowed. Causes substantial but temporary eye injury. Harmful if absorbed through skin or inhaled. Avoid breathing vapor or mist.” The label for Oberon, which was also applied, states: “CAUTION: Harmful if swallowed, inhaled or absorbed through skin. Avoid contact with skin, eyes, or clothing. Avoid breathing spray mist.” That chemical also restricts entry into a treated area for a full 12 hours after application.

In May 2, 2016, an administrative law judge found that Ag Air violated Washington pesticide application laws, and levied a civil penalty of $440 and suspended pilot Leonard Beierle from spraying for 9 days. That decision inexplicably remains under review by the Washington State Department of Agriculture — over five months after the decision was rendered. Plaintiff Rocio Gomez believes that is a slap on the wrist. “There were almost 60 of us working there. The pilot could easily see us because the trees were small and our cars were parked along the edge of the orchard. We need stricter laws that put the safety of workers first.”

The film will debut at the Social Justice Film Festival in Seattle on October 14.