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Extermination Company fined $32,000 for Failing to Use Pesticide in Accordance with Label

Archived Court Bulletin

Extermination Company fined $32,000 for Failing to Use Pesticide in Accordance with Label

Convicted - Orkin Canada Inc.

Location - St. Catharines

Description of Offence - 

The conviction relates to using a pesticide, not in accordance with the label by:

  • Failing to work with the owners and responsible employees of the site to be fumigated to develop a Fumigation Management Plan, and,
  • failing to monitor gas levels at the fumigation boundary every six hours after the introduction of phosphine gas.

Date of Offence - March 14, 2015

Date of Conviction - October 27, 2017

Penalty Imposed - Orkin Canada Inc. was convicted of two offences under the Pesticides Act, was fined $32,000 plus a victim fine surcharge of $8,000 and was given 30 days to pay the fine.

Background - 

  • Orkin Canada Inc. (Orkin) operates a pest control business.
  • On March 13, 2015, a trailer containing food products was refused entry to the USA at Buffalo and was returned to Canada.
  • The trailer was suspected of being contaminated with a prohibited pest and was impounded by the Canadian Food Inspection Agency (CFIA) at the Canadian Border Services Agency (CBSA), Peace Bridge, Queen Street, Fort Erie.
  • The owner of the consignment contracted Orkin - a licenced operator under the Pesticides Act - to fumigate the load.
  • On March 14, 2015, Orkin met with a CBSA representative, and prepared a preliminary Fumigation Management Plan (FMP), but did not share the plan with the CBSA site employees or with the trailer load Owners, as required.
  • The structural extermination using Degesch Fumi-Strip pesticide, PCP No. 26188, a Class 2 pesticide, was completed on March 14, 2015. Following the extermination, an Orkin employee monitored the phosphine gas levels from the fumigation time until aeration on March 18, 2015. However, there were occasions where the intervals between measurements exceeded six hours, thereby failing to monitor the gas levels at the boundary as required.
  • On March 18, 2015, the ministry attended the site of the fumigation and conducted an inspection. Subsequently, the incidents were referred to the ministry's Investigations and Enforcement branch, resulting in charges and two convictions.
  • There are no further compliance issues related to this matter. Orkin has taken steps to revise their standard operating procedures to ensure there is no recurrence.

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