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Daily News Blog

Archive for the 'Oregon' Category


05
Oct

Oregon Approves 26 Recreational Marijuana Retailers

(Beyond Pesticides, October 4, 2016) Last week, the  Oregon Liquor Control Commission (OLCC) approved 26 licences for 26 recreational marijuana retailers as well as modified state rules regarding state licensure testing requirements and packaging limitations. According to a OLCC press release, some of the marijuana retailers began operating on October 1st, fulfilling the OLCC’s promise to Oregon’s citizens that recreational marijuana stores would be open for business in fall 2016. OAR 845-025-5700 previously required that all batches be tested for pesticides. Under the new Oregon Administrative Rules (OAR) Temporary Pesticide Rules (“Limited Batch Testing”) OAR 845-025-5700, effective September 30, 2016 until March 1, 2017, the OLCC requires a minimum of 33.3% of batches per harvest lot of cannabis to be tested. According to OAR 333-007-0010, if the OLCC finds that there is not enough laboratory capacity for pesticide testing, the Commission may permit randomly chosen samples from batches of usable marijuana to be tested for pesticides by a licensed lab, rather than requiring every batch of usable marijuana from a harvest lot to be tested. If any part of those samples fails pesticide testing, every 10-pound lot is required to be tested. If the samples that are tested all passed, […]

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25
Jul

Oregon Prohibits 14 Horticultural Products Used in Marijuana Production, Not Labeled as Containing Pesticides

(Beyond Pesticides July 25, 2016) The Oregon Department of Agriculture (ODA) last week issued 12 notices of statewide detainment and stop sale and removal orders for horticultural pesticide products that contain active ingredients not listed on the label. The orders call for the product manufacturers to immediately cease all sales, offers of sale, or other distribution in Oregon. This is the latest effort by a state with a legalized marijuana market to try to  curb the use of illegal pesticides in cannabis production, a practice that poses potential health threats to consumers, creating a regulatory challenge for state officials in states that have legalized marijuana for medicinal and or recreational purposes. Because the U.S. government classifies cannabis as a narcotic, the U.S. Environmental Protection (EPA) does not register pesticide products for use in its production, leaving consumers exposed to hazardous pesticides through inhalation, ingestion, and dermal absorption without any evaluation of potential health effects. The products in question are commonly used in horticulture and hydroponics, including cannabis production. The 12 notices cover 14 products sold in Oregon that were also identified by the Washington State Department of Agriculture (WSDA) in late June as containing undeclared pesticide active ingredients. In an […]

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25
Apr

City of Milwaukie, OR Passes Resolution to Protect Pollinators

(Beyond Pesticides, April 25, 2016) Last week, the City Council of Milwaukie, Oregon passed a resolution that halts the use of bee-toxic neonicotinoid insecticides on city government and public property,  joining the growing number of local governments protecting pollinators.  Neonicotinoids  (neonics) have been widely cited in the demise of both managed and wild bee and pollinator populations.  The resolution specifically  restricts city government agencies from purchasing plants and seeds that have been treated with neonicotinoids and other systemic insecticides and urges public and private landscapers and homeowners to plant bee-friendly habitats.  Clackamas County will join with the Mayor’s office and City Council of Milwaukie to adopt an Integrated Pest Management Plan that mirrors the resolution. In addition to these stipulations, the City of Milwaukie is using this resolution to: urge all businesses, homeowners, and homeowner’s associations operating within the City ensure no plants, seeds, or products containing neonicotinoids are purchased, sold, or used within the City; and to clearly and accurately label any plants or materials that have been treated with a neonicotinoid or neonicotinoid-like insecticide; require that commercial pest service providers performing services on behalf of the City provide landscape services that encourage pollinator populations and support pollinator services; […]

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28
Jan

Oregon Proposes Legislation to Protect Farmers and Consumers from GE Contamination

(Beyond Pesticides, January 28, 2016) Last week, Oregon Representative Paul Holyey introduced legislation that would protect traditional crops against contamination from their genetically engineered counterparts. As it stands, local governments are preempted (disallowed) from taking actions that protect traditional farmers from contamination by genetically engineered (GE) crops. With the help of advocates representing family farms and food safety, The Transgenic Contamination Prevention Bill (HB 4122) will  repeal sections of Senate-passed  Bill 863,  which  preempts local governments, and restore the  right of local jurisdictions to regulate the planting of GE  seed. The law, Bill 863, dubbed  Oregon’s Monsanto Protection Act by environmentalists, farmers and consumers, was passed in 2013 and signed into law by then-Governor John Kitzhaber. The new language in HB 4122 seeks to correct the chemical company-driven legislation of the former bill and restore protection for traditional and organic farmers. In May, 2014, the voters of Jackson and Josephine Counties, Oregon, passed a ballot initiative, Genetically Modified Organism Ban, Measure 15-119, which sparked the backlash in the state legislature. A federal court decision upheld the ballot initiatives, and the county  laws were  grandfathered in, or allowed to stay in effect. Center for Food Safety’s attorney, George Kimbrell, expressed support […]

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22
Jan

Oregon, Colorado Move Forward in Regulating Pesticides on Marijuana

(Beyond Pesticides January 22, 2016) Last week, the Oregon Department of Agriculture (ODA) released a list of pesticide products available for use on marijuana cultivated within the state. The list, which contains 257 pesticide products, aligns with similar product lists published by Washington State and Colorado, and raises the same concerns over the allowance of products that violate the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) and have not been subject to health evaluations of public exposure to the pesticides used. Those concerns were on full display last week in Colorado, when the Colorado Department of Agriculture (CDA) held a public meeting to discuss amendments to its Pesticide Applicators’ Act that would allow growers to use pesticides that violate FIFRA. Additionally, in an attempt to address consumers’ concerns over the issue of unregulated pesticides in marijuana, two lawmakers in Colorado introduced a bill that would establish a program for certifying marijuana as “pesticide free” within the state. Oregon Releases List of Approved Pesticides for Cannabis Growers Like Colorado and Washington, the Oregon list construes broad label language to allow the use of pesticide products that have not been specifically tested for use on marijuana, despite the fact that the Environmental […]

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17
Dec

Records Show Suspended Oregon Pesticide Spray Company Continues Operations

(Beyond Pesticides, December 17, 2015) On September 25, Applebee Aviation’s license to spray pesticides commercially was suspended for one year, after an employee complained of chemical exposure and violated worker protection rights. After Applebee Aviation’s one-year suspension was issued, it  continued to operate and illegally sprayed at least 16 sites, according to reports.  Two of those sites were public parks, 71 acres in total, overseen by the Oregon Department of Forestry (ODF). A series of back-and-forth communications between the Oregon Department of Agriculture and Applebee Aviation has resulted in a restraining order, $180,000 in fines, a five-year license revocation, and over 800 acres of state and private land illegally sprayed. According to recent investigations, ODF knew about the license revocation before Applebee Aviation illegally sprayed state forests. In April 2015, Applebee Aviation employee Darryl Ivy, a truck driver, spent 17 days on a spray crew in Oregon timber country. During that time, he and his crew were routinely exposed to aerial sprays. Mr. Ivy took shelter in his truck while a “milky chemical mixture” rained overhead and stained his vehicle. In the emergency room, Mr. Ivy’s urine showed elevated levels of the herbicide atrazine, a known endocrine disruptor. He suffered […]

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09
Dec

Oregon to Consider Stop-Gap Measure to Test for Pesticides on Marijuana

(Beyond Pesticides December 9, 2015) Last week, the Oregon Health Authority (OHA) signaled its willingness to address a gap in the regulation  of pesticides in  marijuana production caused by a lag in the start date of the state’s revised testing program. After new regulations were adopted  last month to increase the amount of pesticide residue testing on cannabis required by the state, concerns were raised about the delayed  June 2016 start date. The  committee that advises OHA on medical marijuana pressured the agency to expedite the rules. While a final decision is pending, the    stop-gap testing rules would target the most commonly used pesticides in marijuana production and go into effect as early as January. Advocates are urging states to ban registered pesticides, since they are not labeled for use on marijuana and not evaluated for exposure associated with inhalation, ingestion, and dermal absorption, as well as potential environmental contamination. 70,000-plus medical marijuana users, as well as recreational users, within the state will be affected by the regulations. In November, the state of Oregon updated its rules governing pesticide use to require the mandatory testing of nearly  60 pesticide compounds  that are of particular concern. Under the new rules, […]

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02
Oct

Whistleblower Leads Oregon Agencies to Issue Violations for Pesticide Spraying

(Beyond Pesticides, October 2, 2015) Twelve worker safety violations are categorized as “serious” and result in thousands of dollars in fines. Highly toxic pesticides should not be sprayed on workers, but that is what Oregon-based company Applebee Aviation did to a number of its employees, according to the Oregon Department of Agriculture. On September 30, the Department, which is responsible for regulating state and federal pesticide laws, issued a citation revoking the Applebee’s operating license in the state of Oregon and levying a fine of $1,100. The same day, Oregon Occupational Safety and Health Division (OR-OSHA) cited Applebee Aviation for 12 serious violations of worker safety and protection laws and fined the company $8,850. The crackdown came after Darryl Ivy, who worked as an Applebee Aviation hazardous materials truck driver, became a whistle blower and reported  on dangerous and unsafe practices he witnessed during numerous aerial spray operations. Ivy recorded videos of the illegal activities on his cell phone before he went to an emergency room for treatment of illness due to pesticide exposure. “I had sores and rashes, was spitting up blood and felt very sick after three weeks on the job,” said Mr. Ivy. “I’ve worked in a […]

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29
Jul

Passage of the DARK Act Sheds Light on Next Steps for Opposition

(Beyond Pesticides, July 29 2015) The  Safe and Accurate Food Labeling Act of 2015,  H.R. 1599, often referred to as the “DARK” Act or Denying Americans the Right to Know what is in their food, passed the U.S.  House of Representatives last week by a vote of 275-150. Backed largely by House Republicans, the DARK Act makes it harder for the Food and Drug Administration (FDA) to require mandatory national labeling of genetically engineered (GE) organisms and strengthens current policies that allow companies to voluntarily label foods containing GE products, an option they rarely choose to do. The bill also continues to allow misleading “natural” claims for food that contain GE ingredients. Most concerning, however, is the prohibition  that H.R. 1599 would place  on states’ authority to require labeling of GE ingredients in food products, instituting federal  preemption of state and local authority. While the bill was being debated on the floor, co-sponsors Representatives Mike Pompeo (R-KS) and G.K. Butterfield (D-NC) repeatedly cited a lack of scientific evidence that GEs were dangerous to support the passage of the bill, ignoring arguments from the opposition that people should be able to know what is in their food, regardless of whether it […]

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02
Jun

Federal Judge Upholds Ban on GE Crops in Oregon County

(Beyond Pesticides, June 2, 2015) A federal judge released a ruling Friday rejecting a request by two alfalfa farms to overturn the ban on GE crops in Jackson County, Oregon. In his decision, U.S. Magistrate Judge Mark Clarke found the ban on GE crops is not preempted by the state’s Right to Farm Act, thereby allowing the ordinance to become effective on June 5. The ordinance, which bans the cultivation, production and distribution of GE crops within the county passed overwhelmingly last May with 66 percent support. This decision is an important victory for farmers of organic and non-genetically engineered crops, who constantly struggle with the threat of GE contamination. “We have always felt this was a strong case,” explained Tom Buchele, attorney with Earthrise Law Center, “but it was very encouraging to get such a strong and well-written opinion that affirms what we have argued since the beginning: communities have the ability under the Right to Farm Act to protect traditional agricultural crops from contamination from GMOs.” Magistrate Judge Clarke rejected the legal challenge by two GE alfalfa growers, Schulz Family Farms and James and Marilyn Frink, who claimed that the Jackson County GE crop ban violated Oregon’s Right […]

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06
Apr

Portland, OR to Protect Pollinators, Bans Use of Bee-Toxic Pesticides

(Beyond Pesticides, April 6, 2015) Last week, the city council of Portland, Oregon voted unanimously to ban the use of neonicotinoid insecticides on city-owned property because these pesticides are persistent in the environment, harmful to pollinators, and have been involved in acute bee kills in other areas of the state. Neonicotinoids affect the central nervous system of insects, resulting in paralysis and eventual death. These pesticides have consistently been implicated as a key issue in pollinator declines, not only through immediate bee deaths, but also through sublethal exposure that causes  changes in bee reproduction, navigation, and foraging. The science has become increasingly clear that pesticides, either working individually or synergistically, play a critical role in the ongoing decline of honey bees.   Pesticide exposure can impair both detoxification mechanisms and immune responses, rendering bees more susceptible to viruses, parasites, and other diseases, and leading to devastating bee losses. Portland’s ordinance was spurred in part by the 2013 deaths of tens of thousands of bees as a result of the improper use of the neonicotinoids. Last month state officials banned  four   of the bee-killing insecticides, including   imidacloprid, clothianidin, thiamethoxam and dinotefuran from  use on  Linden  trees. In addition to […]

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06
Mar

Oregon Bans Four Bee-Killing Insecticides on Linden Trees

(Beyond Pesticides, March 6, 2015) Last Friday, Oregon enacted a new rule which bans the use of four types of bee-killing insecticides, including  imidacloprid, clothianidin, thiamethoxam and dinotefuran, regardless of application method on linden trees and other Tilia species. The four insecticides that are now illegal to spray on Tilia trees are all in the neonicotinoid chemical class which are implicated in pollinator decline, and represents a step forward in protecting bees. However, Tilia trees are not the only route of exposure that bees and other pollinators have to neonics, which are currently applied to fields across the U.S. as seed treatment. The rule comes at the request of the Oregon Department of Agriculture (ODA) following several bee-kill incidents in Oregon since June 2013, when more than 50,000 bumblebees were killed after dinotefuran was sprayed on trees in a shopping mall parking lot in Wilsonville, Oregon. After the incident in Wilsonville, ODA initially placed restrictions on two of the chemicals, dinotefuran and imidacloprid on Tilia trees, and the state launched a task force to look at protections for pollinators. The group came out with a range of recommendations including increased outreach and education about bees and support for bee habitat […]

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12
Feb

Bill Introduced to Protect Oregonians from Forestry Pesticide Use

(Beyond Pesticides, February 12, 2015) Oregon Senator Michael Dembrow (D-Portland) and Representative Ann Liniger (D-Lake Oswego) introduced a bill on Tuesday targeting the loosely regulated aerial pesticide spraying practices of the Oregon timber industry. The bill will establish residential, school, drinking water, and fish habitat buffers zones, require timely notification of spraying and controlled burns for nearby residents, increase record keeping requirements, establish protected areas where pesticide spraying is prohibited, and grant investigative and enforcement authority to the Oregon Health Authority in cases of human pesticide exposure. Development of the bill grew out of a series of incidents across Oregon involving residential pesticide exposure and poisoning from aerial spraying of forest lands. The main incident, which spurred state-wide outrage and investigations into the pesticide regulation and enforcement practices of the Oregon Department of Agriculture (ODA), involved Curry County residents who complained of pesticide exposure after witnessing aerial spraying near their homes. After pressure from local residents, investigative reporters, and environmental groups, ODA was ordered to publicly disclose pesticide records. It was found that the pesticides being sprayed were 2,4-D and triclopyr  ””information that conflicted with previous statements and reports and adding to the trend of opaque and lackluster ODA enforcement […]

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14
Jan

100+ Businesses Urge Obama Administration to Suspend Bee-Toxic Pesticides

(Beyond Pesticides, January 14, 2015)””More than 100 businesses, including Clif Bar, Nature’s Path, Organic Valley and Stonyfield, sent a letter to the White House yesterday urging it to immediately suspend pesticides linked to global bee declines in order to protect the nation’s food supply, environment and economy. The businesses, members of the American Sustainable Business Council (ASBC) and Green America’s Green Business Network, voiced concerns about the U.S. Environmental Protection Agency (EPA)’s delays in restricting neonicotinoids, the world’s most widely-used insecticides. Many of the 118 businesses that signed the letter sell products with ingredients or inputs that are dependent on pollination from bees and other pollinators, including fruits, vegetables, nuts, seeds, fiber (such as cotton) and hay (including alfalfa grown to feed livestock). The businesses call on the EPA to immediately suspend the registrations of neonicotinoids for agricultural uses, including seed treatments, as well as cosmetic and other unnecessary uses pending the results of pesticide re-evaluation. They also called for increased investments in green, fair and cutting-edge alternatives to neonicotinoids that support a prosperous and sustainable agricultural system. “We are very concerned about the continued and unsustainable losses of bees and other essential pollinators and what effects this will have […]

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13
Jan

Monsanto Once Again Developing Herbicide Resistant Wheat

(Beyond Pesticides, January 13, 2015) Over a decade after consumer opposition halted multinational agrichemical business Monsanto’s plans to develop genetically engineered (GE) herbicide-resistant wheat, the company is trying again. This time, Monsanto’s goal is to create wheat that is resistant to three different herbicides; glyphosate, glufosinate, and dicamba. Although over 90% of corn, soybean, and cotton grown in the United States are GE, no GE wheat is currently allowed to be planted. In 2013, a farmer in Oregon discovered the presence of Monsanto’s original Roundup-Ready wheat, developed to be resistant to glyphosate, in his field despite the company’s plans to abandon the strain and claims to have destroyed the crop  a decade earlier. The company had restarted extensive field trials back in 2011. An investigation by the U.S. Department of Agriculture (USDA) determined that the contamination was an “isolated incident.” It was unable to determine exactly how the wheat came to grow in the Oregon farmer’s field. However, shortly after the agency closed its investigation, another farmer in Montana detected the GE strain in his wheat fields. The recurrence of this incident reveals the contamination event not to be an isolated incident. It instead demonstrates the threat that these crops […]

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24
Nov

With Some Bee Protective Suggestions, Oregon Task Force Fails to Focus on Neonics

(Beyond Pesticides, November 24, 2014) Last Wednesday, a special Task Force on Pollinator Health in Oregon delivered a series of recommendations to the Oregon legislature on how to help the state’s honey bees, native bees, and other pollinators,but failed to address the clear threat that neonicotinoid insecticides pose to pollinators. Because the task force only prioritized consensus recommendations, groups representing pesticide manufacturers, retailers, and the nursery industry were able to stifle advice on protecting pollinators from highly toxic, long-lived systemic neonicotinoids and other potential pesticide threats. Instead, the consensus decisions include: expansion of outreach and education, supporting new research, and increasing pollinator habitat. Five of the eight voting members also supported targeted oversight of pesticide use. According to Xerces Society, one of the conservationist members of the task force, industry’s opposition to targeted oversight of pesticide use stood  in stark contrast with the scientist, master gardener, beekeeper and conservationists on the task force. Actions opposed only by industry representatives include requiring a pesticide applicator’s license for anyone who regularly uses pesticides as part of his or her job, halting the use of two highly toxic, long-lived neonicotinoid insecticides (clothianidin and thiamethoxam) on linden trees, and increasing consumer awareness about whether […]

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12
Nov

Fines Totaling $16,000 Issued for Pesticide Applicator and Company Role in Bee Deaths

(Beyond Pesticides, November 12, 2014) The Oregon Department of Agriculture (ODA) has issued two civil penalties totaling $16,000 in connection with a pesticide application of imidacloprid, a chemical in the neonicotinoid class of insecticides connected to widespread bee decline, this summer that resulted in the death of nearly 1,000 bees at a Eugene apartment complex. Although ODA is taking actions to address pollinator protection, the frequent and continued occurrence of pesticide-related bee deaths indicates that current laws still fall woefully short of preventing these incidences. ODA’s Pesticide Program conducted an investigation that determined that Glass Tree Care and Spray Service, Inc. and its pesticide applicator violated Oregon’s pesticide control law through gross negligence. ODA is authorized to issue a civil penalty of up to $10,000 for violations that are the result of gross negligence, the maximum in this case issued to the company, a commercial pest control  operator based in Eugene. In addition, the applicator, James P. Mischkot, Jr., was issued a $6,000 civil penalty. When the incident in Eugene occurred, the trees were in full bloom and attracting pollinators.  In this case, ODA determined that the company and its applicator knew or should have known of this standard of […]

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06
Nov

Election Day Rundown on Pesticide Restrictions and GE Labeling: Victories and Setbacks

(Beyond Pesticides, November 6, 2014) A mixed day for environmental and public health advocates everywhere, election day, November 4, 2014, brought victories and setbacks. While campaigns to  advance public health and environmental protections faltered, as did  supportive candidates, bright spots did poke through,  leading the way forward for future grassroots efforts. Ogunquit, Maine Pesticide Ban Small but determined, the town of Ogunquit, Maine re-passed an ordinance banning the use of synthetic pesticides and fertilizers on private property. Residents voted 444 to 297 in favor of the ban, sending an even stronger second-time approval of the initiative. The town passed a nearly identical ordinance earlier this year in June, however, it was decided that a procedural glitch of failing to notify the state’s pesticide board before passage of the ordinance, as well as a lack of agricultural exemptions, should be corrected through an amended ordinance and revote. The now double-confirmed law expands on existing pesticide use restrictions on town-owned property. The passage of this ordinance positions Ogunquit as a leader in the state for environmental sustainability and the protection of public health, and supports the Ogunquit Conservation Commission’s goals to ensure that the town’s popular beaches are clean and healthy for […]

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30
Oct

Oregon Legislators Working to Introduce Herbicide Spray Policy

(Beyond Pesticides, October 30, 2014) After concerns have been raised about the poor oversight of aerial herbicide spraying on Oregon forests, and the subsequent pesticide contamination of residents living nearby, policy makers are working to introduce legislation to better protect local residents from pesticide and environmental contamination. An investigation, which began in 2013 into allegations of improper pesticide spraying on timberland near residential areas in Southern Oregon, has since confirmed that residents of the small towns were unwillingly sprayed with pesticides. The investigation was launched after residents filed complaints after they experienced rashes, headaches, asthma, and stomach cramps directly after pesticide applications. Earlier this year, the investigation led by the Oregon Department of Agriculture (ODA) indicated multiple violations by the pesticide operator and applicator responsible for the spraying, as well as evidence of the presence of pesticides on properties in Cedar Valley, near Gold Beach, Oregon. The aerial applicator, the investigation uncovered, allowed pesticide deposition on properties other than the intended application site, applied one product at a rate above the maximum allowed by the label instructions, and provided multiple false records that misled ODA about the actual products used. Now, in light of several state regulatory lapses that include […]

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21
Oct

Threatened Status Proposed for West Coast Fisher after Poisonings with Rodenticides

(Beyond Pesticides, October 21, 2014) Due in large part to the use of rodenticides in the cultivation of illegal marijuana grow operations, earlier this month the U.S. Fish and Wildlife Service (FWS) announced a proposal to list fishers, medium sized carnivores of the weasel family, as threatened under the Endangered Species Act. Fishers are the second species in the West that have been recognized by regulators as adversely affected  by illegal marijuana grow operations. Coho salmon have also been affected as a result of pesticide and fertilizer use, water withdrawals, and clear-cut logging that have silted, dried up, and polluted streams where the salmon run. Fishers, which are found throughout North America and have been part of the forests in Pacific states for thousands of years, have all but virtually disappeared in much of Washington, Oregon and California, according to FWS. Illegal marijuana grow operations have been a troubling source of wildlife deaths as growers often use “industrial-sized quantities of poison in forests to fend off rodents,” says Humboldt County District Supervisor Rex Bohn. A study published in PLOS One in 2012 found that 79% of fishers surrounding an illegal marijuana grow operation had been exposed to anticoagulant rodenticides. Fishers […]

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03
Oct

Consumer Cost for GE Labeling Found To Be Minimal

(Beyond Pesticides, October 3, 2014) A new analysis of published research finds that the median cost to consumers of requiring labeling of genetically engineered (GE) food is $2.30 per person annually. The report, commissioned by Consumers Union, the policy arm of Consumer Reports, and conducted by the independent Portland-based economic research firm, ECONorthwest, arrives amidst the highly contested GE labeling initiative on Oregon’s November election ballot, Measure 92. Proponents of labeling say that the new research disputes claims made in ads opposing the initiative, which claim that labeling will force farmers and food producers to spend  “millions” and increase food costs for consumers. Consumers Union is a strong supporter of Oregon’s GMO labeling ballot initiative. “Given the minimal cost to consumers, the increased herbicide use involved in growing almost all genetically engineered crops, as well as the failure of government to require human safety assessments before genetically engineered foods reach the marketplace, GMO labeling is well worth it,” said Jean Halloran, Director of Food Policy Initiatives at Consumers Union. “Companies change their labeling all the time and with GMO labeling costing so little, it is likely some producers won’t even bother to pass the minimal increase on to consumers.” The […]

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26
Aug

Oregon Spray Pilot Fined $10,000 for Pesticide Drift that Residents Say Poisoned Them

(Beyond Pesticides, August 26, 2014) Nearly a year after residents in Curry County Oregon were sprayed with herbicides, the pilot responsible for the incident had  his license suspended for a year and was fined $10,000 by the Oregon Department of Agriculture (ODA). The Pacific Air Research Company, which employed the pilot, was also fined $10,000 and had all its licenses revoked for a year for providing false information to the state. The initial incident happened in October 2013, when  residents complained of experiencing rashes, headaches, asthma, and stomach cramps right after the application. As reported in the The Oregonian, after the investigation, ODA was criticized by environmental groups and the general public for not doing a proper investigation. It took 6 months for any information to be disclosed even though the poisoned residents requested it. Pacific Air Research at the time of the incident stated that the only chemical being sprayed was glyphosate. Then, ODA conducted an investigation and concluded that the spray was not directly linked to the conditions displayed by residents. Unsatisfied with  the state’s findings, a local environmental group, Beyond Toxics, forced  ODA to produce all its records, which confirmed that 2, 4-D and triclopyr were the […]

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15
Aug

Oregon Law Allowing Contamination from Farm and Forest Practices Challenged

(Beyond Pesticides, August 15, 2014) Residents of Southern Oregon are tired of being told that farming and forest industry rights to pollute and spray toxic chemicals trump their rights to live healthy lives, so they are taking the matter to court, except not in the way most would assume. Because unlike many instances where citizens could allege nuisance and trespass for toxic or smelly invasions onto private property and into their lives, Oregon residents and many others across the country are prohibited by law from filing such claims against agricultural industries. Known generally as Right-to-Farm Acts, Oregon’s Farm and Forest Practices Act prohibits local laws from making farming and forest practices a nuisance or trespass. The law also grants immunity from private actions, unless, of course, severe injury or death resulted. As one of the attorneys, Chris Winters of the Crag Law Center, representing the Oregon residents explained to reporters, “The law basically grants an immunity to people who spray pesticides from being held responsible.” In filing the lawsuit, plaintiffs hope that a court will change all of this and invalidate the Farm and Forest Practices Act as unconstitutional, because of the state’s constitutional guarantee of remedy for injury to […]

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