On Sept. 27, 2016, Ted Nelson, Jr. was sentenced to eight months in custody with one year of supervised release upon payment of $2,500 in restitution following a two-day trial in April for alleged violations of the Federal Insecticide, Fungicide and Rodenticide Act (“FIFRA”). The conviction arose from allegations that between Jan. 1, 2015 and May 12, 2015, Mr. Nelson knowingly and with wanton disregard for the consequences of his actions, injected the restricted use pesticide Carbofuran (aka Furadan 4F) into the carcasses of cows in order to kill predators, including coyotes. The pesticide used by Mr. Nelson was extremely toxic to wildlife and its label strictly prohibited it from being used for baiting purposes. Several animals, including coyotes and an adult Bald eagle, were killed as a result of ingesting Carbofuran-tainted carcasses.
This case underscores an oft-overlooked fact about FIFRA – that it not only regulates the manufacture, sale or distribution of pesticides, but also governs the use of pesticides and strictly prohibits the use of any pesticide by any person in a manner inconsistent with the pesticide’s label.
You can read more about the case in the Department of Justice’s press release, accessible here.