DEVELOPING AN EFFECTIVE, EFFICIENT SYSTEM TO ASSESS FINANCIAL PENALTIES FOR PESTICIDE LAW VIOLATIONS

Abstract

Pesticides are highly regulated by state and federal agencies, with states having primary enforcement authority over pesticide use violations within their state. Federal regulations provide the basis for state regulation, but states supplement federal regulations with unique state regulations in order to effectively address pesticide misuse within their state. In this research, penalty assessment processes and practices in Wisconsin are compared to the processes and practices of other states. Wisconsin's current method to assess and collect financial penalties involves multiple steps, significant legal formality and requires a District Attorney to file legal documents for the Department, even in cases where the violators do not contest the violations or penalties. An analysis of other states revealed that the dollar amounts assessed for violating of Wisconsin's pesticide regulations falls generally in line with most of the states evaluated. However, no other state evaluated utilizes a penalty assessment system similar to Wisconsin's. Nearly all states evaluated in this research utilize an administrative method, as part of an overall program of compliance enforcement options, to assess and collect financial penalties for pesticide misuse without requiring formal court action. This research suggests Wisconsin maintain all current compliance options to address pesticide misuse, in addition to establishing an administrative system for assessing and collecting financial penalties.