Respray programs and liability

The poor performance of preemergence herbicides due to the dry spring has resulted in the need for many unplanned postemergence treatments. Unfortunately, many growers and dealers have come to expect the manufacturer of the nonperforming product to cover the expense of this secondary strategy. In some situations, the herbicide manufacturer has voluntarily agreed to accept the cost or partial cost of the "rescue" treatment. We believe that before any application of a postemergence herbicide is made to resolve the poor performance of a soil-applied herbicide, growers should provide some management in the form of timely cultivation or rotary hoe. Growers and dealers have an obligation to manage weed control with all of the available tools and should not immediately request or require a respray from the agrichemical company. Herbicides will not perform without rain, and agrichemical companies should not be expected to guarantee the weather.

This article originally appeared on pages 86-87 of the IC-484(11) -- May 29, 2000 issue.

Updated 05/28/2000 - 1:00pm