EPA (Environmental Protection Agency) and Justice Department personnel are investigating the Sierra Chemical and Supply Company, Anniston, Alabama, for allegedly distributing adulterated versions of mosquito-control insecticides. Apparently, these substances may have been distributed to municipalities in the southeastern and midwestern United States.

Investigators apparently found color-photocopied labels of the pesticide Aqua-Reslin at Sierra's facility in Anniston on September 25 and removed samples of pesticides. Aventis Crop Science, which is owned by Bayer, produces Aqua-Reslin, which is used to control mosquitoes. A Bayer spokesman says that Bayer is cooperating with any investigation into the adulteration of its products.

Investigators are examining whether Sierra sold imitations of Aqua-Reslin and several other pesticides. Investigators are also examining whether Sierra doctored the formulations of brand-name pesticides. Federal sources would not comment on the names of the other pesticides, but a state official familiar with the issue says investigators were scrutinizing whether Sierra was also selling counterfeit versions of Permanone, another mosquito-control pesticide produced by Aventis. Sources say investigators are focusing on Sierra's distribution activity in 2001, potentially extending as far back as 1997.

Sources familiar with the investigation say it may lead EPA officials to reconsider the regulations surrounding the distribution of pesticides, especially pesticides that have a public health function. Currently, EPA requires any person seeking to manufacture, relabel, or distribute a pesticide to register its facility with the agency. Any pesticide sold in the United States must have a valid EPA registration number printed on its label.

Registered facilities must report the amounts of pesticides they produce and sell from the facility. However, producers and distributors are at no point required to test the contents of their pesticides before selling them to other distributors, private users, or municipal governments.

Investigators are expecting to file felony criminal charges in the upcoming months against Bill Murphy of Glenco, Alabama, the owner of Sierra Chemical, for allegedly violating federal copyright and trademark laws, as well as misdemeanor charges for violating provisions in the Federal Insecticide, Fungicide and Rodenticide Act governing labeling and adulterated pesticides. In addition, they are looking at potential violations of customs laws, claiming that Sierra may have imported much of its raw materials.

Murphy denies any deliberate mislabeling of pesticides, while conceding that he may have not followed federal pesticide regulations to the letter of the law. Murphy admits to "some wrongdoing, mostly out of ignorance."

"We did some things wrong, particularly when we first got started," Murphy says. But he adds that as he has gained more experience in the pesticide industry, his company has had no problems since. "Our material is extremely well received by those who use it," he says.

Federal investigators are looking at whether Sierra made copies of Aqua-Reslin labels and placed them on canisters of Sierra's own pesticide formulation, which sources say was a rough approximation of Aqua-Reslin.Sources say Sierra sold pesticides carrying the Aqua-Reslin label to municipalities in states across the Southeast and parts of the Midwest, including Georgia, Alabama, Louisiana, Ohio, and Illinois, at prices well below the general market rate for the brand-name pesticide.

Sources estimate Sierra may have ac-cumulated at least hundreds of thousands of dollars in revenue from the sale of these pesticides.

Murphy says he purchased Aqua-Reslin labels that he assumed were ready to use. He then purchased Aqua-Reslin, poured the pesticide into different containers, and then placed the labels on the new containers. "We shouldn't have repackaged anything," Murphy says, while denying that he placed the labels on his own product.

Sources familiar with the investigation say that tests of Sierra's pesticides revealed chemical concentrations that were some-times too high and other times too low to match the concentrations of chemicals in Aqua-Reslin.

Investigators are also examining potential criminal violations in Sierra's supply chain, which sources say investigators have traced back to a British chemical company. Investigators believe that a middleman familiar with chemical suppliers in Europe may have acted as a broker between Murphy and the British company, a transaction that sources say may have violated U.S. customs laws governing the import of chemicals.Sources say that, among the possible customs violations that investigators are pursuing, officials are examining whether proper tariffs were paid on the imported chemicals.

Sources say that investigators are also examining other suppliers, both domestic and international, to determine whether Sierra may have obtained raw materials from other facilities.

(Phil Nixon, slightly revised from Inside Washington Publishers, January 8, 2003)

If you operate a lawn-care company, please be advised that there are containment regulations designed to prevent environmental contamination from pesticides and/or fertilizers. Illinois law mandates that a containment area must be used for the loading of lawn-care products for distribution to a customer. The purpose of the containment area is to intercept, retain, recover, and reuse pesticide spills, wash water, and rinse water from application equipment or other items used for the storage, handling, preparation for use, transport, or application of pesticides to turf areas. Any application or handling of fertilizers only, application to trees and shrubs only, land areas located within a public or private rights-of-way, or land areas used for turf research or commercial turf production are exempt from these regulations.

Containment areas, including portables, can be permitted and installed, provided they are constructed of an impervious material that is compatible with the pesticides being handled/contained at the facility. Section 256.40 (Title 8 Illinois Administrative Code, Chapter 1) mandates the minimum containment-area dimensions and capacities, as well as the requirements and restrictions regarding sump, plumbing, and storage for the three general containment-permit classes. Section 256.70 addresses cleaning of the containment area and how to manage and dispose of spills, wash water, rinse water, and any precipitation that accumulates in the containment area. In addition, this section mandates all application equipment that has not been washed must be parked in the containment area or otherwise protected from precipitation to prevent the release of pesticide/fertilizer residues into the environment. Section 256.90 outlines the need for a backflow-preventer or a fixed, proper air gap to protect water supplies.

A containment permit must be obtained for all existing containment areas. Permits are issued by the Illinois Department of Agriculture (IDA; see contact information, following) and must be renewed every 5 years. Before buying, constructing, or modifying a containment area or pad, notify the IDA to ensure that you meet all requirements. As part of the permit process, applicants must provide a map and detailed plot plan of the structure or area, as well as other supporting documentation necessary to meet the mandate and proposal. You may also need to provide documentation of compatibility, a written estimate of life expectancy for the containment structure, and the manufacturer's repair and maintenance directions.

The preceding information is based on 415 Illinois Compiled Statutes 65/5 (http://www.legis.state.il.us/legislation/ilcs/ch415/ch415act65.htm) and Illinois Administrative Code (Title 8, Chapter 1, Subchapter i, Section 256; NOT available on-line). For detailed information or to request a containment permit form, contact Jerry Kirbach, IDA, Bureau of Environmental Programs, at (800)641-3934 (voice and TDD) or (217)785-2427.

For information about pesticide storage and containment facilities (tips and building designs), consider the following resources:

Designing Facilities for Pesticide and Fertilizer Containment (MWPS-37; 1st ed., 1991). This 116-page handbook emphasizes planning and designing pesticide- and fertilizer-containment facilities and provides engineering and planning information. Chapters discuss regulations; site selection; functional system design; pesticide and fertilizer storage; secondary containment; mixing/loading facilities and equipment; worker safety; concrete; remodeling facilities; emergency planning; and waste disposal. An appendix of regulatory agencies and officials in each state is included. The cost is $15. Order by phone, (800)562-3618, or on-line, www.mwpshq.org/catalog.html (click on the "Construction" link).

On-Farm Agrichemical Handling Facilities (NRAES-78; 1995). This 22- page publication discusses important considerations for building or planning a pesticide-storage facility. Topics covered include principal parts of the storage facility, storage environmental requirements, safety requirements, and storage alternatives. It looks at the components of a well-designed facility, including detailed descriptions for a storage room; mixing room; safety equipment, records, and locker room; and an area for equipment loading and rinsing. Later sections deal with building ventilation, humidity, and temperature; warning signs; fire safety; personal emergency equipment; security; and building site considerations. The cost is $7. Order by phone, (800)562-3618, or on-line, www.mwpshq.org/catalog.html (click on the "Construction" link).

Pesticide Storage and Mixing Building (MWPS-74002). The building design is 2" x 4" stud-frame construction, insulated; it has a bathroom/locker area, mixing area, with double-door access for equipment. Download building plans for free at www.public.iastate.edu/~mwps_dis/mwps_web/ms_plans.html.

"Pesticide Storage and Security" fact sheet (2001). University of Illinois Extension Pesticide Safety Education Program. Download for free at www.pesticidesafety.uiuc.edu/facts/storage.html.

(Bruce Pauslrud)

A new resource is available to pesticide applicators who apply pesticides aerially. The new Aerial General Standards manual, Illinois Pesticide Applicator Training Manual 39-11, printed 2002, features updated information on a range of pesticide and application topics as they relate to aerial pesticide application. The 112-page manual includes 12 chapters and an indexed glossary, plus extra information in two appendices. More than 45 illustrations are used to demonstrate and simply explain important ideas. Each chapter addresses topics important for the safe and effective use of pesticides.

Topics included in the manual are understanding pesticides, labels and labeling, human pesticide protection, pesticides in the environment, application equipment, drift management, navigation, calculating areas, calibration procedures, using dry and liquid formulations, operations, global positioning system (GPS), and pesticide measurements. This manual and other pesticide applicator training manuals can be purchased through your local University of Illinois Extension office or by calling (800)644-2123.

(Mark Mohr)

Pesticide Applicator Training Manual: Fruit and Vegetable Crops Pest Control (SP 39-17): This combined fruit and vegetable category manual was prepared by seven University of Illinois authors and is based primarily on three regional publications (Midwest Tree Fruit Pest Management Handbook, Midwest Small Fruit Pest Management Handbook, and Midwest Vegetable Production Guide for Commercial Growers). Each separate fruit and vegetable section contains four in-depth chapters: integrated pest management, disease management, weed management, and application equipment and calibration. Weed keys and color images of common insects and diseases are also included.

(Bruce Pauslrud)

The Cooperative State Research Education Extension Service (CSREES) recently launched its National Water Quality Program Web site, http://www.usawaterquality.org. The site builds upon the 10 regional water-quality Web sites that were funded through the National Integrated Water Quality Program (NIWQP). One of these 10 sites is for the Great Lakes Regional Water Quality Program, which includes Illinois. From the given URL, simply click on your geographical region to obtain information on regional projects under way in the areas of agriculture expansions, source-water protection, urban storm-water, and Total Maximum Daily Loads (TMDLs). The links page includes a link to the University of Illinois Extension Water Quality Web site, http://www.epa.gov/surf/. Here you can find information specific to your area, such as citizen-based groups at work. Another good Web site is "Know Your Watershed," http://www.ctic.purdue.edu/KYW/, which contains a wealth of information, including fact sheets, guides, resources, and TMDLs for Illinois. If you are curious about the overall water-quality conditions of Illinois waters, check out Illinois EPA's Water Resource Assessments Web site, http://www.epa.state.il.us/water/water-quality/, for the Illinois Water Quality Report 2002, which is required by the Federal Clean Water Act. Although the report is quite lengthy (over 500 pages), summaries are available.

(Michelle Wiesbrook)

Agricultural, horticultural, and other small-business employers have a new Web site, www.midamservices.org, to help them comply with the myriad of state and federal labor laws and regulations.

The site includes links to the portions of numerous state (mainly Ohio and Indiana) and federal government sites that tell employers that they need to know. Topics covered include temporary guest-worker programs such as H-2A, H-2B, and H-1B, along with the Migrant and Seasonal Agricultural Worker Protection Act and social/language issues associated with the employment of foreign labor. Additional topics include minor labor, wage-hour, OSHA, housing, posting, Family Medical Leave Act, immigration, Social Security and tax-withholding issues, pesticide safety, Worker Protection Standard (WPS), harassment, discrimination, plant closing, transportation, drinking water, workers' compensation, new-hire reporting, continuation of health-care coverage, affirmative action, and polygraph testing. Although the site is especially geared toward employers in Ohio and Indiana, those in Illinois will find it quite useful. The site aims to first meet the needs of MAAHS members. However, much information is readily available without registering and logging in. Particularly helpful to those with primarily Spanish-speaking labor is the "Social and Language Issues" page (look under "What's New?"). There you will find Spanish-language WPS resources, as well as language assistance such as the "Spanish Dictionary of Agriculture and Human Resource Management."

(Adapted by Michelle Wiesbrook from an e-mail news release by Mid American Ag and Hort Services, Inc.)

This spring, experts, practitioners, and enthusiasts from around the country will gather to share the latest developments and cutting-edge methods in Integrated Pest Management (IPM). The symposium will launch a renewed vision for IPM in the United States for both agricultural and community arenas. The Fourth National Integrated Pest Management Symposium will be April 8 to 10, 2003, in Indianapolis, Indiana.

To date, IPM successes include the reduction of pesticide use in agriculture, while maintaining productivity and profitability; the elimination of high-risk pesticides in schools, creating a healthy environment for children; and the development of a growing list of alternative, reduced-risk methods, including biological control, crop cultural manipulations, resistant plant varieties, new pesticides derived from plants, soil microbes, and other biological sources.

The symposium theme this year, "Building Alliances for the Future of IPM," will set the tone for increased collaboration among IPM practitioners, disciplines, and institutions. This national, comprehensive IPM event, first held in 1992, invites participants from a wide variety of disciplines, including public health, weed science, plant pathology, vertebrate management, entomology, nematology, horticulture, agronomy, communications, economics, and sociology, to share their IPM experiences and expertise. The information and networking opportunities available at the meeting will be invaluable for all who are working toward pesticide risk reduction, producing healthier food, improving community health and safety, making farms more profitable, and raising awareness about highly effective, least-risk pest management practices.

More than 70 seminars and workshops will cover topics including marketing IPM goods and services to consumers; educating school children about IPM; managing invasive foreign pests; evaluating the impact of IPM on farm economics, farm workers, and environmental health; and the latest in high-tech IPM techniques, including information technologies, biological control, and low-risk pesticides. In addition to structured presentations and discussions, poster sessions provide opportunities for participants to interact informally to share research and implementation results, challenges, and successful strategies.

The conference also features optional outings, both educational (such as a tour of a golf course that practices IPM techniques) and recreational.

Plan now to attend this important event. For more information, visit the symposium Web site (http://www.conted.uiuc.edu/ipm). Register on-line or contact Elaine Wolff (217)333-2880; fax, (217)333-9561; ipmsymposium@ad.uiuc.edu) to confirm your participation. Opportunities remain for organizations and businesses to exhibit at the conference or to join the financial sponsors, which include the U.S. Department of Agriculture, U.S. Environmental Protection Agency, Campbell Soup Company, Del Monte Food Company, Welch's National Grape Cooperative, and CropLife Inc.

(Elaine Wolff)

BAYONET (trifluralin)–Helena Chemical Co.–A new formulation being introduced for use on agricultural crops. [herbicide]

CAMIX (S-metolachlor/mesotrione)–Syngenta–A combination herbicide that will be available next year for preemergence use on corn.

CINCH (S-metolachlor)–DuPont–A new formulation for use on corn. [herbicide]

CINCH ATZ (S-metolachlor/atrazine)–DuPont–A new formulation for use on corn. [herbicide]

HEC–Bayer–A new strobelium fungicide being developed for use on cereals.

IODUS 40 (laminarine)–Goemar–A new biofungicide recently introduced by this French company to the European market. It is a disease-resistance activator and initially will be introduced for use on wheat.

KEYSTONE (acetochlor/atrazine)–Dow AgroSciences–A new combination product being marketed this season for use on corn. [herbicide

LUMAX (S-metolachlor/atrazine/mesotrione)–Syngenta–A combination product that will be available next year for preemergence use on corn. [herbicide]

OPTION (indosulfuron-methyl/foramsulfuron)–Bayer–A combination herbicide that should be available next spring for use on corn.

YUKON (halosulfuron/dicamba)–Monsanto–A new postemergence herbicide for use on corn and sorghum.

(Michelle Wiesbrook, unless otherwise noted, adapted from Agricultural Chemical News, November and December 2002.)

APOLLO (clofentezine)–Makhteshim Agan–Added to their label the use on grapes. [insecticide]

BENTHIAVALICARB–Kumiai–A new fungicide being developed to control downy mildew on grapes and in combination with mancozeb on potatoes.

BSP SULFOUX (lime sulphur)–Ag Formulators–Added to their label the control of big bud mites on hazelnuts.

BUD BREAK (ammonium nitrate/calcium nitrate)–Western Farm Services–A new growth regulator being developed for use on grapes, cherries, and apples to promote a more uniform bud break.

COCKPIT/JAPICA (mepanipyrim)–Kumiai Chemical–A new fungicide being introduced in Europe to control botrytis on grapes and strawberries.

ELEVATE (fenhexamid)–Arvesta–Added to their label the use on pistachios, the suppression of powdery mildew on grapes, and the control of botrytis on caneberries.

GERMINE (fenamidone/mancozeb)–Bayer–A new combination fungicide being developed to control late blight on potatoes.

MESSENGER (harpen protein)–Eden Bio Sciences–Added to their label the use on tomatoes to enhance uniformity, size, and yield; and on citrus to increase fruit set and yield. [fungicide]

RIDOMIL GOLD (mefenoxam)–Syngenta–Added to their label the use on herbs, artichokes, kiwi, and papaya. [fungicide]

SCHOLAR (fludioxonil)–Syngenta–Added to their label the control of brown rot, gray mold, rhizopus rot, and giberetella rot on stone fruits.

SERENADE (Bacillus subtilis QST-713)–Agraquest–Added to their label the use on broccoli and peppers. [fungicide]

TOPSIN-M (thiophanate-methyl)–Cerexagri–Added to their label the use on pears. Being developed for use on grapes to control eutypa dieback.

(Michelle Wiesbrook, unless otherwise noted, adapted from Agricultural Chemical News, November and December 2002.)

ECHO 720 (chlorothalonil)–Sipcam–Added to their label the use on turf to control algal scum.

TALUS (buprofezin)–SePro–A new insect-growth regulator being developed on ornamentals to control whiteflies, scales, mealy bugs, and leafhoppers.

ULTIFLORA (milbemectin)–Gowan–Registration is expected this fall for use of this miticide on greenhouse ornamentals. It also controls leafminers.

(Michelle Wiesbrook, unless otherwise noted, adapted from Agricultural Chemical News, November and December 2002.)

ACROBAT (dimethomorph)–BASF–Received EPA registration to use on onions, garlic, other bulb vegetables, cucurbits, hops, and lettuce to control phytophthora blight and downy mildew.

BACILLUS CEREUS strain BP0–Micro Flo Co.–EPA established an exemption from residue-tolerance requirements on raw and processed foods for this biological growth regulator when applied as a foliar spray to promote root mass, earlier fruit initiation, increased fruit retention, and increased nutrient utilization. (FR, vol. 67, 11-20-02)

ENTRUST (spinosad)–Dow AgroSciences–A new formulation for use on numerous crops. [insecticide]

GNATROL (B.t. israelensis)–Valent BioSciences–Added to their label the control of mushroom fly larvae in mushroom compost.

GUTHION (azinphos-methyl)–Bayer –Details regarding the phaseout of this product are as follows: Unless additional data are submitted, the time-limited registrations on almonds, apples, blueberries, Brussels sprouts, cherries, nursery stock, parsley, peas, pistachios, and walnuts will be canceled 12-31-05. The use on cotton, cranberries, nectarines, peaches, potatoes, southern pine seed orchards, and caneberries will be phased out and prohibited after 12-31-05. [insecticide]

MATRIC (chromafenozide)–Nippon Kayaku–This insect-growth regulator is being developed on a worldwide basis jointly with Sankyo Company for use on fruits, vegetables, tea, rice, and ornamentals.

NEMACUR (fenamiphos)–Bayer–The company will voluntarily cancel all registrations for this product, effective 5-31-07. (FR, vol. 67, 9-27-02) [insecticide]

PSEUDOZYMA FLUCCULOSA STRAIN PF-A22–Plant Products Ltd.–EPA established an exemption from residue-tolerance requirements on all food commodities. (FR, vol. 67, 9-27-02) [fungicide]

QWEL (Macheaya extract)–Camas Technologies–EPA has approved an application to conditionally register this new active ingredient for foliar use on ornamental crops grown in enclosed greenhouses–to control powdery mildew, alternaria leaf spot, and septoria leaf spot. (FR, vol. 67, 10-24-02)

RIDOMIL GOLD COPPER (mefenoxam/copper hydroxide)–Syngenta –Added to their label the use on papaya, black sapote, star apple, and mango. [fungicide]

SUBTILEX (Bacillus subtilis strain MB1600)–Becker Underwood–A new biological fungicide to be used as a seed treatment on such crops as cotton, seed and pod vegetables, peanuts, soybeans, alfalfa, turfgrasses, cereals, corn, and others.

TERMIDOR (fipronil)–Bayer–Adding to their label the use for termite control aboveground and for structures with French drains and sump pumps. Also added is the use for ant control.

TOPFLOR (flurprimidol)–SePro–The company has obtained the U.S. marketing rights for this growth regulator. It is used to control the height of greenhouse ornamentals.

TRIFLUREX (trifluralin)–Makhteshim Again–This new formulation will be made available in the United States this coming year. [herbicide]

(Michelle Wiesbrook, unless otherwise noted, adapted from Agricultural Chemical News, November and December 2002.)

BASF–The company has made a licensing agreement with Advanta Seeds for them to screen imidazolinone-herbicide-tolerant canola seed varieties. This will result in Clearfield canola varieties to be marketed in the United States, Canada, and Australia. The company has purchased from Bayer its fipronil insecticide chemistry. Included in the sale was Bayer's manufacturing facility located in France.

BAYER–The company plans to spend up to $14 million to expand its strobilium fungicide-production plant located in Switzerland. The company has sold its wheat herbicide Everest (flucarbazone-sodium) to Arvesta for an undisclosed amount; the insecticides fipronil and ethiprole and the fungicides procloraz, iprodione, triticonazole, fluquinazole, and pyrimethanil to BASF. Bayer retained the rights under a license agreement to market fipronil in certain nonagricultural markets. The company Bayer Crop Science became official October 1, 2002, and will have three divisions: Crop Protection, Bio Sciences, and Environmental Health. Bayer itself will have four independent business groups: Crop Science, Chemicals, Polymers, and Health Care.

BECKER UNDERWOOD–The company has purchased the rhizobium-inoculant producer Urbana Laboratories; the seed-coating company Seed Biotics; and the Sepiret seed-coating products from the French company Seppic.

BONZI (paclobutazol)–Syngenta–The company will take back the marketing rights for this growth regulator from Uniroyal/Crompton. Marketing will be done by Syngenta.

DE SANGOSSE–This French com-pany will acquire the rodenticide business of Lipha Tech, which is owned by the German company Merck. Merck's Lipha Tech companies will be renamed Nitragin, and they will market legume inocculents.

DOW AGROSCIENCES–The company has recently downsized its business units from five to three. The three remaining are biotechnology, agricultural, and turf and ornamental.

MONSANTO–The company expects registration in the United States in 2003 for its Yield Gard Root Worm genetically modified, rootworm-resistant corn. The company has named its new genetically engineered cotton Roundup Ready Flex Cotton. This refers to increased flexibility so that Roundup can be applied over the top, later in the season than the current Roundup Ready Cotton.

PACE INTERNATIONAL–The company has granted to Phosyn of England the exclusive worldwide rights to its Leffingwell brand foliar-fertilizer business. Pace will continue to manufacture the products for Phosyn.

S.C. JOHNSON–The company has signed a letter of intent to acquire Bayer's household-insecticide business.

SCOTTS–The company has formed a joint venture in Japan with Mitsui & Co. to market its products in that country.

SMART FRESH (1-methyl cyclopro-pene)–Rohm & Haas–A new growth regulator, which blocks ethylene formation, is being used as a ripening agent on apples in storage. It is being developed for use on melons, tomatoes, avocados, and others.

SUMITOMO CHEMICAL TAKEDA AGROCHEMICAL CO.–This is the name of the new company formed when Sumitomo acquired Takeda Agrochemical division. It began operating 11-1-02.

An error was made in the following entry in the November newsletter. It should read:
SYNGENTA/DUPONT–The companies have made an agreement to co-promote each other's herbicide products. Syngenta will supply DuPont with its s-metolachlor herbicides, which will sell it under its own brand name. Also, DuPont will market Syngenta's mesotrione herbicide Callisto. Syngenta will label and market Accent and Steadfast, which it will obtain from DuPont.

TAENSA–The company has changed its name to Earth Bio Sciences.

(Michelle Wiesbrook, unless otherwise noted, adapted from Agricultural Chemical News, November and December 2002.)