New Mexico Pesticide Enforcement

Complaints

NMDA investigates all allegations of pesticide misuse or other violations of the NM Pesticide Control Act. Anyone may report pesticide exposure or misuse by calling Taryn H. VanWassenhove
at (575) 646-2678 or email tvanwassenhove@nmda.nmsu.edu.

Basic information is collected when you call. This includes the site of the complaint, the applicator involved if known, and the nature of the complaint. Your name can be kept confidential if you wish. However, you should be available to answer questions during the course of NMDA’s investigation. You will be asked for your phone number and a mailing address. NMDA will accept anonymous complaints but cannot guarantee that anonymity can be maintained. If you don’t want to provide contact information, NMDA will still investigate and attempt to follow up.

NMDA’s authority covers the use of pesticides. We cannot enforce warranties or other promises made by an applicator. We cannot force an applicator to pay damages, refund your money, or make repairs or other compensations. Nor can we take an action against a company for bad business practices; or similar resolutions.

Investigation

Once a complaint is determined to lie within NMDA’s jurisdiction an investigator will be assigned to the case. Our investigators are certified and carry credentials issued by the US EPA. The investigator will contact you to schedule a meeting. This is usually at the site of the complaint; they will collect more information and evidence. He may collect samples, including photographs, documents, swab samples from treated or exposed surfaces, etc. He will visit the other parties as well and collect statements and other information from multiple sources as appropriate. His report will be forwarded to the Enforcement Program Manager for evaluation and a decision on enforcement action.

Enforcement Actions

NMDA will pursue enforcement action against proven violators. Under the Pesticide Control Act NMDA has authority to take actions. These include warnings, license revocations or suspensions, or filing a criminal complaint. NMDA may also refer cases to other agencies who may have jurisdiction. This includes the Environmental Protection Agency, the United States Department of Agriculture, or the New Mexico Environment Department.