Multnomah County farmer agrees to retake pesticide applicator test

By MITCH LIES
Capital Press

The Multnomah County District Attorney's office has dropped misdemeanor charges against a farmer for misapplication of pesticides after eight geese died from ingesting zinc phosphide vole bait.

The county dropped the charges in exchange for David Fazio agreeing to retake his pesticide applicator test.

"We felt this was the most appropriate way to deal with this case," said J.R. Ujifusa, a deputy district attorney for Multnomah County. "Mr. Fazio was forthcoming and willing to help us out."

The Oregon Department of Agriculture in September fined Fazio $592 for the infraction, which involved applying zinc phosphide on a grass seed field in manner inconsistent with the product's label.

Zinc phosphide labels restrict bait applications to rodent holes between Sept. 1 and April 30 to protect migrating geese.

Zinc phosphide is highly toxic to geese.

Fazio was cited for inappropriately applying the rodenticide on a grass seed field near the opening of a vole tunnel during the restricted period.

A biologist from the Oregon Department of Fish and Wildlife and a special agent with the U.S. Fish and Wildlife Service determined the misapplication led to the death of eight geese that were found floating in a pond next to the grass seed field.

Tests at the National Wildlife Health Center in Madison, Wis., confirmed the geese died of zinc phosphide poisoning, according to an Oregon Department of Agriculture report.

A tip from a neighbor led to the discovery of the geese, according to the report.

Fazio told federal and state officials in a meeting that he didn't personally apply the zinc phosphide, but instructed his foreman to do so. Fazio said he told his work crew how to apply the pellets, but when asked if he demonstrated to his foreman how to apply the product, Fazio said he hadn't.

The Capital Press obtained the meeting report through a public records request. Fazio could not be reached for comment.

The case may be the first involving a farmer facing criminal charges for a pesticide application in Oregon.