Langan v. Valicopters, Inc.

567 P.2d 218 (1977)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

Ps own a small farm. Ps are organic farmers. They use no nonorganic fertilizers, insecticides or herbicides to aid them in their farming but rely on natural fertilizers and natural pest control agents. D engages in the aerial application of agricultural pesticides. Thalheimer Farms owned and farmed the land adjoining that of Ps. It was their land that was being sprayed by D. On June 3, 1973, D sprayed for Colorado beetle infestation on the Thalheimer farm. D used Thiodan and Guthion. During one spraying pass, the helicopter began spraying while it was over Ps' property. The spray settled on the entire length of their tomato, bean, garlic, cucumber and Jerusalem artichoke rows. Ps are members of the Northwest Organic Food Producers' Association (NOFPA). The bylaws state: 7. No poisonous insecticides, repellents, herbicides, artificial fertilizers, stimulants or hormones may be used on food or in soil in which products are grown or animals are grazed. If any such item is applied by the grower to any committed acreage that has been previously committed and certified, the acreage will be withdrawn from certification and this farmer cannot be recertified without approval of the Executive Committee. 9. No member shall be allowed to market foods or advertise food as certified organically grown by NOFPA if laboratory tests on the finished crop indicate the presence of more than ten percent (10%) of the maximum pesticide residue tolerances allowable by the Food and Drug Administration. In the event, the finished crop reflects a residue higher than the allowable tolerances set forth in this section, the member's seal for any such crop shall immediately be suspended and public notice made thereof. The test indicated the presence of 1.4 parts per million by weight of Thiodan. The FDA tolerance is 2.0 parts per million. The NOFPA revoked Ps' certification as organic food growers and their entire property was decertified. Ps pulled the crops from the ground to prevent further contamination. Ps had no contract to sell the contaminated tomatoes and beans commercially. P sued D in strict liability and for wanton conduct. The jury awarded P $5,500. D appealed and the Appeals Court certified the case.