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Sun, 13 Apr 2008 11:21:26 EDT |
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Peter said: ..., if you advise anyone to use a pesticide in a manner
inconsistent
with the label, you may be held liable for any harm that ensues.
Peter is correct about this. Those of us who are employed by universities
or gov agencies have double jeopardy - we can be summarily dismissed for
giving this type of advise, regardless of whether anyone holds us liable.
Self-employed beekeepers can be held to be liable, but unless they fire
themselves, they won't lose their jobs over distributing advise that is
inconsistent with a pesticide label.
Drenching bees with syrup with fumidil mixed would not seem to pose much
risk, since the label permits feeding, but I know that Eric Mussen can not tell
any of you to do this, nor can I. Best that Eric and I can do is to report
what's public knowledge - the Spanish have been drenching bees that won't take
syrup. We can not advise you to do this unless we can find it on the label
of a product that is labeled for use in the U.S.
Bob said: "Acetic acid fumigation was discussed at the National bee meeting
"nosema
seminar" by the USDA-ARS . I have got the CD. "
Discussing the results of experiments to test whether irradiating or
fumigating combs helps IS NOT the same as advising people to do this. The only way
that we as researchers can use off label products is to conduct research on
colonies THAT are not used for honey production. That's the reason I haven't
owned an extractor for the past 30+ years.
So, folks like Bob take a risk any time that they give advise that is
inconsistent with a label. He may not fire himself for this behavior, but his risk
of being sued if anything goes wrong is just as great, and his risk of
losing if this goes to litigation may be even greater than ours. Remember, most
universities and gov agencies have on staff legal council, with specialists in
handling cases like this. Most beekeepers don't have access to staff
lawyers.
Jerry
Jerry
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