Man Pleads Guilty to Smuggling Medfly-Infested Berries Into State

A Glendora nursery owner pleaded guilty Tuesday to charges that he used an express parcel service to smuggle Medfly-infested coffee berries into California from Hawaii, a state agricultural official said.

While other people have been convicted on similar charges, this was believed to be the first criminal case involving Medflies against a licensed nursery owner, said Gera Curry, a spokeswoman for the Department of Food and Agriculture.

Michael S. Downard, owner of Rainbow Gardens Nursery in Glendora, was fined $560 and sentenced to two years of probation after entering a guilty plea in Municipal Court in Rancho Cucamonga. The 11 charges were filed last month by the San Bernardino County district attorney, Curry said.

Downard could also face civil penalties, including revocation of his state nursery license, said Charles Getz, a deputy attorney general who handles Medfly cases.

Downard was charged with illegally sending a package of plant material--including orchids, papaya seeds and the infested Kona coffee berries, which contained live Medfly larvae--from Hawaii to California via United Parcel Service. State agricultural agents discovered the shipment in October during a surprise inspection at a United Parcel Service depot.

It is illegal to send fruit, vegetable and plant materials unless the items have been inspected or are labeled for agricultural inspection. The law is designed to stem the danger from exotic pests such as the Medfly, which could wreak havoc on domestic produce.

Authorities charged that Downard deliberately avoided plant quarantine inspection in an effort to smuggle the package into California. He faces similar charges in a related Los Angeles County case.