Source: Business Wire

The California Court of Appeal, Sixth Appellate District, affirmed a Superior Court ruling and jury verdict in Jacobs Farm/Del Cabo, Inc. v. Western Farm Service, Inc. The appellate decision supported the right of Jacobs Farm to sue the pesticide applicator for pesticide drift residue detected on organic herbs in the Santa Cruz, Calif., area that came from a nearby application to conventional crops.

Western Farm Service had appealed the lower court ruling saying it legally applied the pesticide and contended the organic farming operation had no right to sue. The appellate court disagreed and upheld the lower court ruling. Western Farm was not cited as breaking the law with its application, and the ruling is seen as precedent-setting against applicators by many in the ag industry. The award was $1 million. 

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