Herbicide Overspray on Apple Tree: Legal and Food Safety Concerns

Question: Neighbor oversprayed herbicide, killing fence line plants and creating dead zone in apple tree root zone. Also sprayed a 1.5-inch branch. Contacted Dept of Agriculture. Penalties? Fruit safety this year?

Legal Perspective

Pesticide labels state: "Violation of Federal Law to use inconsistent with labeling." Intent vs. accident matters. Penalties vary by state. No history of similar events → likely just a warning.

Fruit Safety

Most herbicides are systemic—if tree survives, don't eat fruit this year. Could send fruit to lab for residue testing (cheaper if you know the herbicide).