I'm speechless. I would lose my mind as well, I have nearly all the same fruit trees and organic mindset. Unfortunately employees, including management, at companies like these have no comprehension of our views. I say that to say don't expect much in the way of sympathy or understanding from the manager.
You did what I would do by spraying off the fruit etc... I would ask him specifically what was sprayed and research it out to see what to do about the edibility of your fruit.
Good luck with this.

Scott

Before you start asking questions, I'd start making demands. They destroyed something valuable of yours. The food may be safe to eat, but you will never know for sure. If your garden was truly organic and that was important to you, they've taken away your hard work and sense of accomplishment.

I'm not suggesting you take them to court, but I'd make it clear that they have taken away something valuable of yours and you expect them to make it right. It's not your responsibility to ask the right questions. It's their responsibility to find the right answers to your problem.

Gosh there is a number for pesticide misuse just wish I could find it. Whenever my neighbors service is out spraying I put my big camera around my neck and take pictures purposely to let him know I AM watching.
Maybe someone can find that number!Think how many mistakes DON't get figured out!!!!!
Call the extension service in the AM and ask for that number ,they should have it.Good Luck!

Oh Ask if they use atrazine. It is NOT recommended for Florida and should absolutely NOT be used within 50 ft of ANY body of water.It is often in weed n feeds and used to get rid of dollarweed. Be mad, be very very mad. YOU HAVE That right.

I would take pictures now to have as evidence and continue to do so to show changes in your plants. Label and document everything. I would also try to find replacement costs for your valuable plants - those orchids for example.

Get everything you are told in writing!

I cant believe it that they would do such a thing!

First Im very sorry for your stress and please do keep us updated. I will do some research and see what I can come up with on our end with some higher ups around hear I know.

Personally I know I would have a list of demands (nicely at first) ready for the manager and if he gives you any problems ask for the owner. The manager may try to hide what has happened in fear of his own job as this is a pretty big deal. Do watch and be sure they didnt use the atrizine as it can make you sick just breathing it in.

Document everything starting with you comming home. Pictures are almost as good as handing someone a dead plant that they caused. As a gardener you know how things should look and when so dont let them try to pull anything over on you. If it needs replaced DEMAND it by all means and be sure your replacement cost is of the same size plant with a guarentee it was grown organically. You worked hard to achieve your gardens and its definately not a easy or cheap labor of love.

With everyone "going green" support in making them make it right should not be aproblem and they know it. Keep a close eye on your babies and let us know if you need anything.

Because I dont know what to do, I would suggest having an attorney represent you, it seems a problem like this would be right up his alley . It would be his job to make sure all aspects are addressed and fairly settled.

Even though an attorney will take a portion of the settlement, what is left for you afterwards may be many times more than if you didnt have one in the first place.

While I know nothing about getting an attorney, it sure seems like your situation warrants one.

Growing up, my father always said 'Education costs money' maybe they will learn to make sure the employees they hire can at least get to the correct address.

Best of luck.

Tony

I feel your outrage because I went thru this with our (mandated)lawn service this past year. It took months of calling, letter writing and finally yelling at the fellow on the golf cart filled with chemicals.

I called the county office to find out what the law was and was courteously told and also given the phone # of the state office in Tallahassee.

The most important info I was given was that they were not obeying the law by "tagging" property after spraying. That means unless I was home all day long I wouldn't know if they had sprayed my yard even after repeatedly demanding NOT to be sprayed.
I also have tomatoes and edible herbs growing along with butterfly larva and fruit trees.

I agree you should get paid for plants that may be damaged and fruit that cannot be eaten. This is not so much for you to make money but to prevent this from happening again. If they have to pay you they will make sure not to repeat it.
I threatened to turn them in to the state regulators for not following the law.(They can lose their license) I even got the forms to do so but did not have to follow thru.

They get away with it so often because so many people are not home to observe their mistakes.
Good luck.

I am so sorry to hear that this happened. Photo suggestions are correct - if your camera has a date stamp, even better. Take pics of ANYTHING that shows distress, dying, etc. Anything that dies as a result of this sloppy work needs replacement (I know it won't be the same as your established plants, but it is a start). Be sure to lodge a complaint w/ the Better Business Bureau in your area, and the local Chamber of Commerce, if appropriate. Lastly, if you receive no satisfaction, let the company know you'll have NO problems enlisting the aid of the local media consumer advocate -
Best of luck in your resolution - I hope your garden knows how much it's loved!

Here is a link that might be useful: 8 on your side

If it were me I would have my attorney and the cops there when He shows up that is A crime I'm fumming and it's not my yard! make them pay big so this wont happen to some one else PEACE ON EARTH TOMMY

If I were you I would take it to court. I agree it is a crime.
The manager's answers to your question will more than likely not be honest. If you let them go with it they'll do it again.
Some businesses only understand when you hit them in their pocket.
Thees chemicals damage may not show up for years if you eat the fruits.fruits have pores and do absorb all that is in their immediate environment.
I would be so angry to lose a whole year's crop.
Not to mention trespassing.
Keep us up-dated.
Felix

I had an idea about this. The day the manager comes I would have my camera ready and a newspaper with a prominent date and headline and I would have him pose in front of the orchids and the fruit to show for a fact what you had. If it turns out to be an upstanding company and something happens they will be more inclined to compensate you if you have hard evidence.

Then again maybe I watch too much TV. LOL

I Hope for your sake that the chemicals were so diluted that maybe nothing bad will happen. Before and after pictures could never hurt though.

TampaArt -- I am very sorry to hear that you are having to cope with the negligence of this company. I would be outraged as well. Heck, I got outraged that my neighbor cut down the gardenia bush on our shared property line!

Anyway -- I agree...document and photograph and keep a journal of all of the changes impacting your garden and pond from now until a year's time.

Litigation is time consuming, emotionally taxing and stressful -- even if you are correct.

You 'could' sue for negligence, plant reimbursement costs, emotional distress -- it's helpful if there is a prior documented case on a similar incident. Also, even if you sue, it doesn't mean you would win. But - keep your documentation up until you make up your mind. Also, find out what the statute of limitations would be should you 'decide' to sue.

Just a little factoid, I recently read that Florida gardeing industry (non-commercial) nets around $20 billion a year. (I might be off on the figure, but it was something like that).

So, replacement costs for plants, the labor for their care/feeding - is not chump change. (as we all are aware with our weekly garden store trips!)

This is actually a common 'issue'. I do know other people who have had this happen - non-gardeners --so it wasn't as big of a problem.

This manager is basically going to assess how angry you are, what kind of garden you really do have and probably try to get you take a small gesture from them as consolation.

Just don't sign anything binding or verbally agree to anything specific until you have had some time to really think this over. Prior to meeting him, it would not 'hurt' to calculate the approximate value of some key plants. For example, one of your prized fruit trees - what would be the replacement cost for the same size?

Perhaps, this company will offer to actually do the right thing afterall -- stranger things have happened.

Good luck and keep us posted.

Art,

There are some things you can do. Being on the other side of this, though, I urge caution. You see, I run a company that sprays herbicides, and although it is very rare we sometimes get accused of causing damage that we did not do, and it can unfairly cause grief and harm. That being said, if you are absolutely certain that this company applied in your yard, they should do everything possible to make ammends.

I urge you to first talk to their manager. Request a list of all pesticides applied, and at what rate. Tell them you want a copy of their spray records. My guess is that they will offer a list, but not show you their records, since it would be incriminating if they were in the wrong. If their manager is honest and sincere, he will offer to remedy where he can.

If that does not get you satisfaction, contact your local extension agent. They can help look at damage, and possibly tell you where to send of samples to test for specific pesticides.

And if you are certain that they were in error, call the proper state agency. In my field, it is the Florida Department of Agriculture, not sure that it is the same agency for pest control, but I'm sure if they are not the right agency, they can direct you to the proper one. Do understand though that this agency will not help you, they will strictly look at the application that was made, and evaluate whether it was applied by the label, which is the law. This action would serve to punish the offending company, but other than possibly proving wrongdoing, will not benefit you.

Good luck

Bill

wow! visions of mobs with pitchforks. A crime? I see no criminal intent, just human error, or a mistake. As an organic farmer I understand your distress, and hope there was no harm done to your plants. If this results in injury to your plants, I hope your plants will be replaced for you without problem. I have not met you but will gladly share anything in my gardens to replace what you might lose- I am also in Tampa. peace.
Wendy

Thank you all for the words of encouragement and suggestions.
Silverkitty, a crime (whether human error or not is still a crime)... there are plenty of people behind bars that "only made a mistake". No pitchfork but we (organic growers) don't take kindly to being violated (and that's what happened). There is harm done and my reputation as a Green Gardener is in jeopardy because of this.

To update everyone, I've contact my attorney (who happens to enjoy my organic papaya and starfruit) and we are asking for damages in a reasonable range.
I'll keep everyone posted!

tampaart,
Oil leaks like the "Valdez" created havoc to the environment.
This was an accident also. Should we hold people accountable
for their carelessness absolutely. Life is sacred and toxic
chemicals causes illness and death. trespassing is also a crime. That is why we have a legal system in our western culture.
Felix

I don't mean to upset, I just like to see everyone getting a fair chance to try and correct mistakes, before lawsuits are threatened. Yes, life is sacred and I understand the feeling of being violated. Just a few years back I organised with FPIRG to fight against the U.S. Dept. of Agriculture when they decided to spray Malathion with no advance notice throughout Tampa and several areas of Florida, trying to eradicate the Med. fruit fly. What I consider a crime is that millions are spent each year by Hillsborough county Mosquito and Aquatic weed Control in the aerial adulticiding with Naled (Dibrom 14), which is even more toxic than the malathion they used to use. In fact Naled is linked to an increase in mosquitos carrying encephalitis due to genetic mutation caused by the Naled being used to stop West Nile virus. I wish there had been more caring and concerned people like all of you in my South Tampa area to try and stop the excessive use of toxic chemicals, but I didn't get much support
and ended up moving to an area sprayed much less often . sorry to go on so much, I just wanted you all to know I agree very strongly and actively against the use of things harmful to us and the environment.

There will be a Tampa meeting of the Rare fruit council on Jan. 13th with the featured guest being the director of miami's Fruit and Spice Park (forgot his name) - maybe they can help with any plant problems you have due to the spraying?. Good luck to you. wendy

silverkitty
I wanted to ask you about where you moved that is not sprayed but you don't have your email address listed. could you email me at denisedelong at comcast dot net.
thanks