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  • From: Marsha Hanzi <hanzibra@svn.com.br>
  • To: orcinus2@hotmail.com
  • Cc: skye@tortuga.com, pcactivist@mindspring.com, permaculture@listserv.oit.unc.edu, Milogic@aol.com, psyque@hotmail.com, greenpeace.brazil@dialb.greenpeace.org, thegarden@world.std.com, fjs@nh.conex.com.br, ecobalance@lists.anu.net, CHRIS_A@yellowpages.co.uk
  • Subject: [Fwd: Re: Please send documents]
  • Date: Tue, 09 Jun 1998 12:22:33 -0700

--- Begin Message ---
  • From: "Dennis M. Fett" <dmfett@fmctc.com>
  • To: <hanzibra@svn.com.br>
  • Subject: Re: Please send documents
  • Date: Mon, 8 Jun 98 08:30:31 -0500
Got this a bit ago and this what I have.....

PEACOCKS & PESTICIDES HELP! HELP!....I NEED HELP WITH THE BELOW
PROBLEM.....THIS IS AN OPEN LETTER TO ANYONE WHO HAS A CONCERN WITH THE ISSUE
OF PESTICIDES ON AND IN OUR FOOD. WE SUPPORT THE EFFORTS OF THE ORGANIC
GROWERS OF THE USA WITH THEIR WORK TO SEE THAT ALL OF OUR STATES HAVE THE
SAME REGULATIONS REGARDING ORGANIC FOOD......WE HAVE A PROBLEM IN THAT NO
ONE, EXCEPT US, ARE CONCERN WITH THE ISSUE OF THE DRIFTING OF UNWANTED
PESTICIDES ON TO NON-TARGERATED LAND.....WE HAD TO LITIGATE AND LOST HUNDREDS
OF THOUSANDS OF DOLLARS OF VEGETATION AND PEACOCKS DUE TO THIS PROBLEM....WE
HAVE TAKEN OUR PROBLEM TO THE STATE OF IOWA IN HOPES OF A LAW TO PROTECT US
FROM DRIFTING PESTICIDES....WE GAVE A PRESENTATION AND OUR PRESENTATION WAS
HEARD, BUT LEFT IN THE STATE OF LIMBO, NO ACTION OR HOPES OF ACTION....NO
ONE CARES EXCEPT US.....IF YOU CANNOT HELP, PLEASE PASS THIS ON TO ANYONE WHO
CAN HELP US WITH IT...THANK YOU VERY, VERY MUCH. DENNIS FETT, PEACOCK
INFORMATION CENTER..www.peafowl.com 712-483-2473


Below is the text of my presentation to the law makers of Iowa.



IOWA STATE LEGISLATION FOR 1998
JANUARY 28, 1998 9:30AM ROOM 118
PRESENTATION GIVEN BY
DENNIS M. FETT, MINDEN, IOWA.
ON BEING CHEMICAL FREE!!! (ORGANIC)

My name is Dennis M. Fett of Minden, Iowa. Along with my wife, Debra Joan
Buck we have a major concern with the quality of live we have had the last 10
years on our acreage. In 1987, we purchased 4 acres of land in York
Township, Pott. County in Southwestern Iowa.

When we purchased our acreage, our intentions were to expand our
peacock/peafowl farm along with starting an organic farm raising: herbs,
vegetables and a fruit orchard. We planned to use as much as possible for
our own consumption and sell the rest as certified organic.

Our location seems to be in what we call a ³hot² spot for pesticides and
herbicides. We both know that living in the country has its challenges not
found in the city. My wife, a life long resident of the rural Minden area is
no stranger to farm life. Her late father, a farmer for many years has used
farm chemicals on his farm during his years as a farmer. After he retired
from farming, he spent the next 25 years as an worker in a farm chemical
manufacturing plant.

We have learned first hand the hazards farm chemicals pose to those who use
them without following label directions. We have a healthy respect for them
and decided never to use them when we got married in 1980. In 1980, we
rented a farm house that let us start our first organic garden. Our landlord
and surrounding farmer neighbors all used farm chemicals. During these 7
years, we never experienced any damage to our organic garden. The only
difference then is that the farmers did their own spraying and were very
careful not to cause any harm.

As farmers got bigger & bigger, the farmers of the 80¹s & 90¹s found that
they could not do all the work themselves. The birth of commercial farm
chemicals sprayers were born. These companies got busier and busier and
along came the misuse of chemicals finding farm chemicals drifting onto
non-target plants. These big farms and the lack of time for the farmer to
pay attention to the weather conditions are the leading cause for the damage
we have had the past ten years. Farming used to be a friendly business, but
in 1997 in York township, most farmers are concerned with is making money
and applying chemicals, disregarding the weather conditions.

We have never been free of vegetation damage caused by herbicide drifting
each of the 10 years on our acreage. We never expected that when we bought
this farm we would not be able to make a viable business with our peacocks
and organic farm. In addition to the minor damage (visible to our eyes but
not detectable to chemicals testing) we had severe damage in 1991, 1995 and
in 1997. In 1991 & 1995 the State of Iowa pesticide department cited two
appliers for misuse of following directions and allowing the chemical being
sprayed to get on desirable plants on a non-targeted area, our farm!!!!! In
1997 we currently have a complaint pending and we await the chemical
analysis to see if, for the third time, chemicals were found on desirable
plants on a non- targeted area. Even if the State does not find chemicals on
our farm in 1997, we have once again lost our entire garden and fruit on
selected trees. A big financial loss to our ³budding² business. In
addition, our peafowl egg production is down 50% which caused a major loss
to our peafowl operation. Because of all the losses the past 10 years, we
may never be able to recouperate from this devastating situation. We have
put all our monies into our business and each year the chemical abuse becomes
more pronounced that we are afraid that in another 10 years we will not have
any trees left on our farm!!!!!!!

In 1991, we were able to settle out of court for a very small amount not even
close to the actual damages. It was our hopes that this problem would never
happen again. Such was not the case. In 1995 the Ag company (a different
company) who was cited by the State of Iowa would not pay for the damage
saying they were not responsible. It was interesting to note that they got a
warning letter from the state saying they allowed desirable plants to be
sprayed on a non-targeted area. This is all they got and went on with
business as usual. We were left with hundreds of thousands of dollars of
damage.

This company forced us to go to court. The company cited by the State of
Iowa tried to place the blame on the 1991 spraying. They never even
acknowledged that they killed our garden, trees and plants and damaged our
peafowl. It is clear that the law enforcement agency in the state clearly
found that they caused the damage.

Our court case is pending and waiting for the Judges decision. If the Judge
does not find in our favor, it is saying that the law enforcement agency
enforcing the state ag¹s laws are null and void!!! If this is the case, we
should shut down the pesticide bureau and spend our tax dollars in a more
useful way. This is a sad condition of our state. Our legislators need to
make it mandatory that when the state finds damages, the person damage is
compensated for said damages without having to go to court.

Several years ago, we asked for a similar law and it died because if passed,
it would take away business from lawyers. What a joke, some six years later
we are at the same place and spending thousands of dollars with our attorney
to get what we are rightly due. And yes, the lawyers are making money, in
fact they are the only ones getting paid!!!! Our lawyers have enough other
business to support themselves as they will not lose income from such a law.

At this time, we have another complaint filed with the state against the same
ag company and for the killing of our entire garden and damage on various
trees on the farm again. Even if the state finds chemicals in our garden,
they will again denied that they caused it. This leaves us with no choice
again but to litigate. It looks like we will lose again whether the
chemicals are found or not. The big companies have more money and the
lawyers and will always win and we lose again!!!!!

This on going problem will never allow us to be certified organic as we need
to be free of chemicals for three years in a row. It is hard to believe in
America, I can not be chemical free on our Minden, Iowa, farm. I plead to
the law makers of Iowa to help us have the freedom to live and farm as we
like. This has not been the case the last ten years and may never be in the
future without laws to protect people like us.

PROBLEMS & SOLUTIONS AS I SEE IT

1. In 1997, the Iowa Dept. of Ag. & Land Stewardship can not test for all
chemicals cleared for use in our state. Example, in our 1997 case, the
chemical Pursuit could not be tested with current equipment. Back in 1995,
our other case, the state could not test for Roundup. I am sure they are
many others we are not aware of.

The necessary equipment and monies should be allocated for the testing of all
chemicals cleared for use in the state of Iowa. If not, those chemicals
should not be allowed to be used in our state. My feelings are if the state
is given the tools to do the job right or the agency should closed down
and the money should be used elsewhere. As the agency stands today, we need
to give them a fresh coat of paint and while we do this we need laws to help
the citizens, as well as the state.

At this time, the laws in the Pesticide Act of Iowa are written for the
benefit of the state and the not the party damaged. WARNING LETTERS DO NOT
WORK. Far too many warning letters are given. This method of
enforcement does not seem to deter misuse as I have seen on my farm the last
10 years. I feel that a civil penalty of $500 for each violation when one is
given is not high enough to discourage repeat violations or even compliance
of the law. So why would an applicator be more careful when the penalties
have no teeth in them.

The matrix used for deciding if a violation gets a warning or a civil penalty
is out dated as well . If it did work, the average number of complaints
each year would show a big decline. In the last five years, an average of
77.8 complaints were filed This shows me the laws need more teeth to bring
these numbers down each year and not just stay the same around 73-79
complaints each year.

More than half of all complaints in years 1993-1996 (1997 has 35 cases
pending at this time, It should be noted that these cases should have been
done by now, short of help? too many violations?) resulted in some sort of
an action. In my mind this is not compliance with the law!!! This should
ring bells and say that the laws on the books are not working and need to be
changed.

It should also be noted that for each complaint filed with the state many
more are never filed out of fear.

So when there is a warning letter, the party charged with the violation
should be required to pay for any damages they cause thus making it easier
for the damaged party to recoup the losses without having to go to court.
Our pending court case costs are beyond what we can afford at this time and I
am not sure how we will pay if we lose our case. If we lose our case then
this will give applicators a carte blanch to do as they like and make laws on
the books become void and useless!!!

One way to help the party damaged is to create a law that says a warning
letter for pesticides violation would be admissible in a civil case and it
would create a presumption that damages were caused by the activities
represented in said warning letter. This should be an deterrence to the
applicator and perhaps they will be more careful when applying pesticides and
if accidents do happen they might consider settling outside of court.

What seemed strange was we had to prove that the applicator caused the damage
in court when the State did it in the warning letter. So if the above law
was in effect our case may of never gone to court.

We need laws to protect our farm from the drifting of unwanted chemicals so
we can be certified as organic. Without any new laws, we will never be able
to be certified as organic which violates our constitutional freedom of
choice.

We would like to also see mandatory classes for people causing damages in
sensitivity towards other people¹s property.

Respectfully submitted



Dennis Fett
PEACOCK INFORMATION CENTER
PEACOCKS
MINDEN, IOWA. 51553
712-483-2473
www.peafowl.com

#####

June 1, 1998

Mr. Dale Cochran
Secretary of Agriculture
Henry A. Wallace Building
Des Moines, Iowa 50319

Dear Mr. Cochran,

Please consider this my official complaint of mismanagement of the Iowa Dept.
of Agriculture and Land Stewardship. I also ask that you disband the Iowa
Dept. of Agriculture and Land Stewardship since any findings of pesticide
misuse in the form of an action warning letter, if given, are worthless.

The reason for citing this complaint has to do with the Pottawattamie County
Court¹s decision, case #70937, Fett vs. Koch Agri Services ruled by Judge
Connolly on May 26, 1998 stating that I ³failed to sustain his burden of
proof and the defendant is entitled to Judgment in its favor.² Therefore,
the fact that the State of Iowa issued a warning letter to Koch Agri Services
stating that 2,4-D-was found on our property has no merit. Proof of drift of
pesticides onto a non-targeted area was found by your department. Shouldn¹t
the judge have taken into account that the law was indeed violated and found
in our favor? Since he obviously did not take the State of Iowa¹s findings
as evidence of proof the Department of Agriculture¹s laws are null and void.
Therefore, it is a waste of the taxpayers dollars to fund your department.

Due to this ruling, pesticide applicators now know that they can cause
damages and violate State laws and not have to be held accountable. And, no,
your mere $500.00 per count per offense has absolutely no effect on the
applicators. The State laws need to protect the citizens of the State of
Iowa and allow us to recoup damages.

As was testified by Mr. Eckermann at the State Legislature at which I
testified in January of 1998 as well, Mr. Eckermann stated that the reason
for the extremely long wait of decisions of investigations was that there was
not enough work to keep them busy all year round, so they stretch the cases
to last until the next growing season.

As a substitute teacher, I am only employed for the school year. I would
love to have the Dept. of Agriculture¹s policy of stretching work out for an
entire year, just so the workers would have something to do. But, I only get
paid for nine months, not a year like your State employees. Substitute
teachers are only paid if they work with no benefits or pay during the summer
months. Full time teachers receive pay year round.

Therefore, I feel that the State of Iowa should not stretch out complaint
cases for an entire year and expedite investigations in a timely fashion and
not just to extend the employment of individuals so those individuals could
have a job. If there is not enough work for the entire year, tax dollars
could be saved by laying off employees during the off season when they are
not needed.

At this point, we would prefer to disband the pesticide bureau entirely since
it serves no purpose other than to give individuals a job. The laws of the
State Dept. Of Agriculture are of no use to anyone, not even the State, since
the applicators continue to violate those laws, since any penalties given are
insignificant.

We have until June 25, 1998 to appeal Judge Connolly¹s decision. We are
unable to secure funding to appeal this case at this time and our attorney
has bailed out due to reasons unknown to us. We feel that the Dept. of
Agriculture has a lot to lose if this decision is allowed to stand in the
courts. If appears to me that it would be in the best interest in the state
of Iowa to align themself as a friend to Fett in this case and that the Iowa
Attorney General¹ s office should assist us in this matter.

We understand that your appointment is nearly expired and we hope that you
would work hard for us in the next several months until your replacement is
selected at which time we hope you would address this issue to the new
appointee.

It is important for you to know that in 1991 we filed a complaint and you
found 2,4-D on our vegetation which resulted in a warning letter from you.
In 1995 Koch Agri Services, Hancock, Iowa was cited with a warning letter
for allowing 2,4-D to drift onto our property. And, again in 1997, we filed
complaints which are listed below and which have still to be decided upon
which causes us concern.

To further aggravate the situation, our 1997 pesticide complaint has been
severely compromised due to mismanagement and many mistakes by everyone
involved with the Iowa Department of Agriculture and Land Stewardship. As
you can see below, I am still awaiting results.

On July 7, 1997, almost one year ago, I formally requested copies of the
affidavits of Treynor Ag. Supply, Koch Ag. Supply, and the Iowa Interstate
Railroad, as well as any other affadavits which may have been taken regarding
our complaints in 1997.

On November 7, 1997, I requested once again that you test the samples taken
from our potato patch for Pursuit, which was supposed to be done originally.

On May 11, 1998, I formally requested copies of the affadavits from all
parties involved in the complaints dated, June 16, 1997, Treynor Ag. Supply,
June 18, 1997, Interstate Railroad, June 20, 1997, Koch Ag, and June 23,
1997, Koch Ag.

On May 11, 1998, I also formally requested a copy of Mr. Christiansens
investigation report regarding all four of the above complaints. I also
requested any photo copies of photographs which accompany that report, not
reprints.

I also requested a copy of the label of Pursuit, or at least the portion of
the label which states the hazard risks and proper application and handling.

I included a check in the amount of $5.00 to cover the cost of any photo
copies you needed to make.

I am once again asking that you send me the copies I have requested above
which I have not received.

On May 8, 1998, I telephoned and asked Mr. Mark Lohafer how my 1997
complaints were coming along and he stated ³We found Pursuit in the potato
patch samples and there will be a civil action which is on Mr. Eckermann¹s
desk to decide what the civil action would be.² I repeated what I heard as
stated above to clarify and he varified that was the case. I asked if he
would merely issue a warning letter and he stated ³Oh, no, this will be a
civil penalty which could be $500.00 or more.²

On May 12, 1998, I again telephoned and asked once again what the civil
action would be and he told me that there would not be any action taken and
that the state did not test for Pursuit on the potato patch samples. After
much discussion, he stated he would find my file and give me more
information. It seems a bit odd that things changed so since that last
conversation regarding this complaint.

On May 13, 1998, I telephoned and this time he told me that the state was
now going to test for Pursuit on samples from the potato patch only after I
stated I would file a complaint (I also requested the samples from the potato
patch to be tested on November 7, 1997 and following my telephone call with
Mr. Lohafer, he assured me that they were sending those samples out for
testing for Pursuit). He also stated that Mr. Eckermann was out of town and
would write up the civil action on Monday, May 18, 1998.

I again telephoned Mr. Lohafer on May 28, 1998 at 4:20 p.m. and he was gone
for the day. I instructed the lady who answered to leave a message with Mr.
Lohafer to call me. I still have not received a call from Mr. Lohafer.

It is now June 1, 1998 and I still have not heard from Mr. Lohafer, nor
received the affadavits of the 1997 complaints. I would like a full scale
investigation of procedures, practices, and anything else that would assure
the citizens of Iowa that our tax dollars are being used wisely by the Iowa
Department of Agriculture and Land Stewardship. I also recommend that you
review the pesticide codes with the Iowa Attorney General¹s Office and begin,
before the next legislator, a major revision of the codes so that warnings
and civil penalties have more teeth and discourage further misuse.

I understand that the applicators have rights, however, the damaged parties
should have an easier way to recover damages and I suggest that you and your
staff explore ways to make that possible. I would be interested in working
with you and your staff in changing the laws prior to and during the next
legislation session.

I am in communication with Senator Charles Grassley and the EPA in
Washington, D.C. and they are looking into assisting me in finding an
equitable solution to being violated by unwanted pesticide drifting on my
property. I am also in communication with State Representative, Russell
Eddie, who is the chair of the Agriculture committee and he assures me that
upon re-election in November, he will also assist in fixing the law to better
serve the residents of Iowa.

Thank you for any consideration given this letter and I look forward to
hearing from you immediately concerning this matter.

Sincerely,



Dennis M. Fett, Box 19, Minden, Iowa 51553, Ph.-712-483-2473,
FAX-712-483-2155, E mail-dmfett @ fmctc.com

cc:Iowa Attorney General
Senator Charles Grassley
Iowa Associated Press
Des Moines Register
Washington Post












--- End Message ---


  • [Fwd: Re: Please send documents], Marsha Hanzi, 06/08/1998

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