Gardening and Pesticides

By Todd A. Smith & Shoshana T. Bookson



It's summertime, and we're all spending more time outdoors in the garden. For some people, gardening means using pesticides.



Almost all pesticides –- almost any substances used to destroy any pest, whether plant or animal –- are toxic. And under U.S. law, even many household items such as cockroach sprays, insect repellents, bath disinfectants, and even pet collars are considered pesticides. In fact according to the U.S. Environmental Protection Agency (EPA) –- the government agency primarily responsible for regulating pesticides –- there are more than 20,000 pesticide products registered in the U.S.



Bet you didn't know you could have that many regulated toxic substances in your home. So what can you do to reduce the risk that you and your family will be harmed by these products? The EPA says that "the most effective way to reduce risks posed by pesticides is to use non﷓chemical control methods to reduce or eliminate pest problems including removing sources of food and water (such as leaky pipes) and destroying pest shelters and breeding sites (such as litter and plant debris)."



But if you must use pesticides, the EPA says, you might want to follow these tips:



· Always read the label first and follow the directions to the letter, including all precautions and restrictions.

· Don't use products for pests that are not indicated on the label and don't use more pesticide than directed by the label. Don't think that twice the amount will do twice the job.

· Use protective measures when handling pesticides as directed by the label, such as wearing impermeable gloves, long pants, and long-sleeve shirts. Change clothes and wash your hands immediately after applying pesticides.

· Before applying a pesticide (indoors or outdoors), remove children, their toys, and pets from the area and keep them away until the pesticide has dried or as recommended by the label.

· Don't spray outdoors on windy or rainy days. Take precautions to keep the pesticide from drifting or running off into the vegetable garden, pool, or neighbor's yard.

· Remove or cover food during indoor applications.

· If using a commercial applicator or lawn care service, ask for information about potential risks and safety precautions to take.

· Don't buy more pesticides than you will need. If you have leftover pesticides, check with your local government to determine whether your community has a household hazardous waste collection program or other program for disposing of pesticides. If no community program exists, follow label directions and any state or local regulations regarding disposal.

· Keep the telephone number of your area Poison Control Center near your telephone.



And if children visit your home or yard, the EPA says, always store pesticides away from children's reach, never put pesticides into containers that children could confuse for a beverage or food, teach children that "pesticides are poison," and "never place rodent or insect baits where small children can get to them."



For more information on pesticide exposure, you can contact the National Pesticide Information Center (NPIC) between 6:30 a.m. and 4:30 p.m. (Pacific Time) seven days a week, at 1-800-858-7378 (toll-free) or through their website.



Todd A. Smith president of the Association of Trial Lawyers of America, is a partner in the Chicago, IL, law firm of Power Rogers & Smith.



Shoshana T. Bookson, president of the New York State Trial Lawyers Association, is a partner in the New York firm of Shandell, Blitz, Blitz & Bookson, LLP.