These claims prove challenging for plaintiffs to establish. However, for claims not involving labeling or regulatory provisions, plaintiffs need to establish trespass or another common law cause of action as a basis for the recovery of damages. Generally, plaintiffs who can show that defendants breached a label instruction or regulatory provision can succeed in recovering damages. For these situations, persons suffering damages need to present evidence that establishes liability under a common law cause of action. Pesticide particulates may also drift onto nontarget organic crops and lead to damages. While pesticide particles carried by air currents may injure people, the most frequent claim for damages is drift from an herbicide that is carried onto nontarget agricultural crops. Īpplicators following label instructions may also incur liability under common law if they cause pesticide drift to enter properties of others and cause damages. Applicators who fail to follow label instructions are liable for damages. Labels warn applicators that the pesticide must be applied in a manner to preclude particles or droplets from being carried onto neighboring properties. One of the risks is the possibility that spray applications will cause particles to drift onto neighboring properties causing damages The registration of a pesticide covers the possibility of spray drift. Pesticide use inherently involves risks to humans and the environment. Further, FIFRA makes it unlawful “to use any registered pesticide in a manner inconsistent with its labeling.” The registration process submits the pesticide to rigorous cost-benefit analysis, and regulators can remove pesticides that prove more dangerous than initially anticipated. In the United States, the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) authorizes a regulatory system under which pesticides cannot be marketed unless they are registered. However, many pesticides harm humans, other animals, and plants, and consequently, governments regulate their use. These shortages are occurring despite significant increases in the production of food resulting from new and modified practices including the more intense use of land resources, irrigation, plant breeding, genetically modified crops, advances in technology, improved agricultural management practices, and the use of pesticides. ![]() As the world’s population grows, global demand only increases for food and fiber. ![]() In today’s world, millions of people lack access to sufficient quantities of food to meet recommended dietary needs.
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