The department’s current maximum fine is $1,000 for a first offense and $2,000 for a repeat offense.

There is no ability to increase fines if violations arise from “gross negligence or willful misconduct” under current pesticide law.

The bill is being drafted in response to industry concerns that the maximum civil penalty isn’t adequate to deter off-label use of restricted-use pesticides – particularly pesticides that provide far superior control than alternative products.

The department expects to issue civil penalties in early spring. Growers, dealers, consultants and applicators are under investigation.

The fine for applying a restricted-use product off-label typically runs between $300 to $600 per infraction, Chris Kirby, administrator of the Pesticides Division of ODA, said. Violations in this case could warrant fines as high as $700 per infraction, he said.