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Lawn Care Company Fined $15,000 For Pesticides Violations

Archived Court Bulletin

Lawn Care Company Fined $15,000 For Pesticides Violations

Windsor - Landscaping and lawn-care company 1164842 Ontario Inc. operating as (o/a) Healthy Turf Lawn Care, its Owner and an employee were fined a total of $15,000 plus court costs for applying the Class 9 pesticide 2, 4-Dichlorophenoxyacetic acid (2, 4-D) to a residential property, failing to comply with an order, failing to carry the required technician license while applying a pesticide, and posting an improper warning sign, contrary to the Pesticides Act.

The company is located in Amherstburg. Cheryl Afanasiew is the company President and a licensed exterminator, while Mary-Ellen Fleury is a licensed technician.

The ministry conducted an inspection at a residential site where the company had been contracted to apply pesticides to a lawn. During the inspection, the ministry questioned what product was being applied, as the officer believed it to be a Class 9 pesticide. The technician claimed that "Fiesta Lawn Weed Control" had been applied, and she also posted a warning sign also stating that "Fiesta" had been applied.

The officer collected grass samples from the lawn, and also took a sample of the lawn chemical from the company's vehicle tank. Both samples were submitted to the ministry's laboratory for analysis, which confirmed the presence of the Class 9 pesticide 2, 4-D.

In Ontario, under the Pesticides Act, one cannot use Class 9 pesticides to kill weeds and insects on lawns, vegetable and ornamental gardens, patios, driveways, parks and school yards, because they may pose an unnecessary risk to human health, particularly children's health.

The company was found to be contravening an earlier issued ministry order prohibiting it from applying a Class 9 pesticide for cosmetic purposes.  The order is still in effect.

The company, its owner and employee were fined a total of $15,000 plus court costs, plus a victim fine surcharge of $3,750, and were given 180 days to pay the fine.

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