Organic farmer says
pesticides hurt cropsThe Big Isle woman alleges
uncontrolled spraying is to blame
Big Island certified organic farmer Mikki Hastings alleges that her 42-acre farm was damaged by uncontrolled pesticide spraying on a nearby tree farm managed by Forest Solutions Inc.
The timber company does not dispute that Pendimethalin and Fusilade -- the two pesticides sprayed one day by Forest Solutions' local contractor -- drifted onto Hastings' land on the Hamakua Coast near Waipio Valley.
According to a lawsuit filed by Hastings, not only did she and her husband suffer skin rashes and have difficulty breathing as a result of the June 12, 2000, incident, but also their farm's certification was not renewed by the Hawaii Organic Farmers Association.
To be recertified, HOFA required the couple to send their honey, macadamia nuts, guava and other crops to be tested and certified pesticide-free by an Oregon lab. Hastings paid the fee of roughly $500 for each crop test and has since been recertified.
Hastings sued the timber company, seeking to recover lab testing fees as well income lost during the six months she could not market her crops as "certified organic." She is seeking $60,000 in damages.
The timber company does not dispute that Hastings' crops were contaminated as a result of spraying on land they manage for PruTimber, a holding company of Prudential Insurance. However, Forest Services contends that the responsibility should be borne by AgriSpray Services of Hilo, the company that performed the spraying but is now out of business.
On Wednesday, plaintiff and defense attorneys appeared before Circuit Judge Terence Yoshioka in Hilo to argue cross motions for summary judgment. Yoshioka continued the case until July 9.