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CASE SUMMARY - Office of Indiana State Chemist

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sprayed from a pump-type sprayer onto the driveway area in June <strong>of</strong> 2003. Mr.<br />

Harbeson was not sure which <strong>of</strong> his employees made the application, but Shane<br />

Caudill and Louis Fravel were on-site at the time <strong>of</strong> the application.<br />

6. The Hyvar XL label reads, in part, “Do not use HYVAR X-L in residential<br />

areas or around homes in areas such as lawns, driveways or parking lots.”<br />

7. I informed Mr. Harbeson that the application is a for-hire pesticide application<br />

and he must obtain certification and an <strong>Indiana</strong> Pesticide business license if he<br />

wants to include such applications in his services in the future. I informed Mr.<br />

Harbeson that there are products better suited for such sites. Mr. Harbeson was<br />

also informed that he could utilize a licensed business to make pesticide<br />

applications prior to paving.<br />

Disposition: Harbeson Brothers Paving was cited for violation <strong>of</strong> section 14(2) <strong>of</strong> the<br />

<strong>Indiana</strong> Pesticide Use and Application Law for applying a pesticide to a driveway<br />

contrary to label directions. A civil penalty in the amount <strong>of</strong> $250.00 was assessed for<br />

this violation.<br />

Andrew R. Roth Date: September 9, 2005<br />

Pesticide Investigator<br />

2

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