A criminal information recently filed in a federal court in Texarkana accuses a Bowie County, Texas, man of harming migratory birds by misusing a deadly pesticide.
John Purviance is the only defendant named in the two-count information alleging two misdemeanor offenses: unlawful take of migratory birds and unlawful use of a pesticide. The information alleges Purviance mixed the pesticide chemical aldicarb, which is sold under the brand name Temik, with feed corn he placed at 15 separate sites on and adjacent to the Folse Ranch in Bowie County.
Temik is a highly toxic pesticide that has been used in commercial farming. According to the Environmental Protection Agency website, the EPA and Bayer CropScience, the manufacturer of the chemical, agreed to phase out the product for use in the U.S.
"A new risk assessment conducted by EPA based on recently submitted toxicity data indicates that aldicarb no longer meets our rigorous food safety standards and may pose unacceptable dietary risks, especially to infants and young children," states an Oct. 7, 2010, federal register notice available on the EPA's website. "To address the most significant risks, Bayer has agreed to first end aldicarb use on citrus and potatoes, and will adopt risk mitigation measures for other uses to protect groundwater resources. The company will voluntarily phase out production of aldicarb by December 31, 2014. All remaining aldicarb uses will end no later than August 2018. Additionally, EPA plans to revoke the tolerances (legal pesticide residues allowed in food) associated with these commodities. EPA initiated this action to ensure that we continue to have the safest food supply possible."
The notice states that the chemical has been used on a variety of agricultural crops including mainly cotton, potatoes and citrus. It has no residential uses.
Purviance is not the first to be accused of misusing Temik. In other states, individuals have been prosecuted for placing Temik in animal carcasses hoping to thwart nuisance predators such as coyotes or feral hogs. Unfortunately other animals, including protected wildlife, have been harmed as well.
Purviance is scheduled to appear before U.S. Magistrate Judge Caroline Craven for an initial appearance on the charges next month in the Texarkana Division of the Eastern District of Texas. Each of the offenses facing Purviance is punishable by up to six months in federal prison, a fine up to $25,000 or both.