Migrants working in the tomato fields of Ag-mart in Immokalee, Florida, are exposed to very toxic pesticides. Ag-mart is a tomato harvesting company that grows tomatoes in three states. It employs about 500 migrant workers to stake, plant and pick tomatoes. Most of the workers are from Mexico and Guatemala and are employed under deplorable conditions.
All three mothers had been exposed to pesticides while working in the tomato fields during days 14 to 59 of their pregnancies, the period when birth defects are most likely to occur. The tomato fields were treated with 31 chemical substances during the growing season. At least three of these pesticides, mancozeb, metribuzin, and avermectin were known as toxins which could cause birth defects according to the Pesticide Action Network. Ag-mart did not adequately train its workers in the use of toxic pesticides. The women were not provided with protective gear except for scarves to cover their mouths. Exposure of these women so soon after spraying the fields was in fact a violation of the regulations of the Environmental Protection Agency.
One of the women described her suffering during working in the fields: dizziness, nausea, vomiting, burning of the eyes and nose, skin rashes and open sores. She worked in the fields from preconception through the seventh month of pregnancy. She would have lost the housing provided by her employer had she ceased working.
The jaw malformation of Jesus was not as serious as
feared. Carlitos developed respiratory problems
and had to be transported by plane to a hospital in Miami. Unable to afford medical costs, at the
suggestion of social workers, his parents sought legal aid. Andrew Yaffa accepted to defend them without
charge. He would receive a percentage of
the sum granted if he won the case. A
partner in the law firm, Grossman Roth, he had a reputation in Florida of
winning legal settlements granting millions of dollars to victims.
Legal cases implicating the agricultural industry are
very difficult to win. Proving a link
between exposure to pesticides and birth defects is nearly impossible due to
factors such as heredity, exposure at other workplaces, smoking, and drug
abuse. Instead of trying to determine
which chemical substance caused the birth defects and thus bring suit against
its manufacturer, Yaffa decided to build a case against the agricultural
company, Ag-mart, where the mother of Carlitos worked. In fact, the entire modern agricultural
industry and its use of pesticides were put on trial.
In 2008, Ag-mart accepted to compensate the parents of
Carlitos, by covering the child’s medical expenses for the rest of his life. Ag-mart
had to pay millions of dollars in fines for violation of regulations including
inadequate training of their employees on pesticide use and causing Carlitos’
birth defects. There are now more on-site
inspections of the use of pesticides and exposure. Education of workers regarding spraying and
working around pesticides is now mandatory, and they must be supplied with
protective gear. Above all, Ag-mart has
stopped using five of the six pesticides known to cause birth defects.
by Meris Michaels
by Meris Michaels
(Ref : Article published in Wiki– Environmental Health – Case 7 : "Ag-mart
Pesticide Poisoning " ; excerpt from,
“Tomatoland : How Modern Industrial Agriculture Destroyed Our Most Alluring
Fruit” by Barry Estabrook, 2011, chapter, « Chemical Warfare ».)
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