Legal-Ease column: “Consequences from agricultural pesticide drift increasing”

Agriculture, like the rest of our world, is growing and changing at a pace seldom seen in history.  Crops and animals are genetically modified to correlate to each field and each pen of a production facility.

In producing crops, a pesticide applied to one field can sometimes drift onto another, nearby field.  The risk of pesticide drift has increased lately with the use of new pesticides like dicamba (due to the small size of the droplets of dicamba) being more likely to drift onto nearby fields.

Traditionally, the negative outcome of a pesticide drift incident was the killing or growth stunting of plants in the nearby field upon which the pesticides drifted.  In fact, in Ohio, damages to a neighbor’s growing crops due to pesticide drifts almost always constitutes negligence, with damages calculated as the loss of the neighboring field’s crops and profits that year.

Read more about this in Lee’s article in the Lima News here: “Legal-Ease column: “Consequences from agricultural pesticide drift increasing”,”

Source: LimaOhio.com, “Legal-Ease column: “Consequences from agricultural pesticide drift increasing”,” by Lee R. Schroeder, January 18, 2020.

Lee R. Schroeder is an Ohio licensed attorney at Schroeder Law LLC in Putnam County. He limits his practice to business, real estate, estate planning and agriculture issues in northwest Ohio. He can be reached at [email protected] or at 419-659-2058. This article is not intended to serve as legal advice, and specific advice should be sought from the licensed attorney of your choice based upon the specific facts and circumstances that you face.

 

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