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Daily News Blog

Archive for the 'Litigation' Category


27
Sep

EPA Fines Syngenta $1.2 Million for Multiple Safety Violations under Settlement

(Beyond Pesticides, September 27, 2016)  Multinational pesticide manufacturer Syngenta Crop Protection was handed a  $1.2 million fine last week for multiple violations of federal pesticide law, according a settlement reached with the U.S. Environmental Protection Agency (EPA). EPA charged Syngenta with three major violations of the Federal Insecticide Fungicide and Rodenticide Act (FIFRA), including: (1) Failure to have repackaging agreement and/or maintain records on registered pesticides; (2) Distributing misbranded pesticides, and; (3) Failure to maintain data submitted for pesticide registration. However, under the consent agreement reached with EPA, the company neither admits nor denies the allegations. The settlement comes at a time of increased scrutiny of Syngenta, as the company is in the process of reregistering the herbicide atrazine, and Chinese National Chemical Corporation (ChemChina) continues its attempts to complete a $43 billion merger. While the plan appears to have cleared U.S. regulatory hurdles, European lawmakers have yet to sign off on the deal. “The repackaging, sale and distribution of unregistered and misbranded pesticides is illegal and puts people and the environment at risk. Users rely on accurate, up-to-date information about ingredients, directions for use, hazards and safety precautions,” said Anne Heard, Acting Regional Administrator for the Southeast in an […]

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26
Aug

Judge Orders Release of Terminix Documents in Methyl Bromide Poisoning of Family

(Beyond Pesticides, August 26, 2016) Virgin Islands Superior Court Judge, Harold Willocks denied a request made by Terminix to stop a subpoena for Terminix documents in the methyl bromide poisoning case  issued  by Attorney General Claude Earl Walker, according to The Virgin Islands Consortium. The paper reported that the subpoena ordered the pest control company to provide documents and information relating to an ongoing investigation by the Department of Justice (DOJ). This follows two settlement agreements made by Terminix; one to pay $10 million to DOJ and the Environmental Protection Agency (EPA) for violating the Federal Insecticide, Fungicide and Rodenticide Act, and another to pay $87 million to the Esmond family, poisoned by the misuse of a neurotoxic pesticide fumigant, methyl bromide, when they vacationed in the Virgin Islands in the spring of 2015. According to the Virgin Islands Consortium, DOJ launched  another investigation into Terminix after the Esmonds were poisoned to determine if there had been a violation of the Criminally Influenced and Corrupt Organizations Act (CICO). Attorney General Walker issued the original subpoena on April 28, requesting that Terminix surrender all information related to the purchase, use and import of methyl bromide obtained within the past three years. […]

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03
Aug

Terminix To Pay Delaware Family $87 Million Settlement for Poisoning with Methyl Bromide in U.S. Virgin Islands

(Beyond Pesticides, August 3, 2016) Home pest control giant Terminix reached a tentative settlement agreement this week of $87 million with  the  Esmond family for the severe poisoning of the mother, father and two teenage children with the highly neurotoxic pesticide fumigant  methyl bromide.  The company treated  a neighboring unit  to  their vacation residence  last spring  at a  condo resort complex in St. John, U.S. Virgin Islands. This amount is in addition to $3 million already paid to the family to cover the insurance deductible, and an undisclosed amount that the company’s insurance carriers have agreed to pay pursuant to their general liability insurance policies, according to an earnings report filed by the Terminix’s parent company, ServiceMaster Global Holdings, Inc. of Memphis, Tennessee. Stephen Esmond became paralyzed after the March 2015 incident, while his two sons spent weeks in critical condition. The mother,  Theresa Devine is still recovering. Beyond Pesticides’ executive director, Jay Feldman, spoke to CBS Evening News August 2 on the poisoning. Watch news piece  here.   Methyl bromide is a restricted use pesticide and is not registered for residential use, according to the U.S. Environmental Protection Agency’s (EPA) 2013 Methyl Bromide Preliminary Workplan. It was taken off […]

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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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13
Jul

California to List Atrazine and Other Triazine Weedkillers to Prop 65 as Reproductive Toxicants

(Beyond Pesticides, July 13, 2016) California’s Office of Environmental Health Hazard Assessment (OEHHA) has announced that atrazine, its chemical cousins,  propazine,  simazine,  and its break down triazine compounds des-ethyl atrazine (DEA),  des-isopropyl atrazine (DIA)  and  2,4-diamino-6-chloro-s-triazine (DACT)  would be added to the list of chemicals known to the state to cause reproductive toxicity for purposes of the state’s Proposition 65. The formal listing has been delayed and will not be effective until July 15, 2016 due to litigation from the manufacturer, Syngenta, which opposes the listing. In 2014 the state announced its Notice of Intent to list the triazines: atrazine, propazine, simazine and their breakdown products under Proposition 65 — the state’s law on toxic chemicals. The listing of these chemicals was initially to be effective on August 3, 2015. However, Syngenta, manufacturer of atrazine, challenged the listing decision, leading to a delay in the formal decision. Syngenta Crop Protection v OEHHA  (Sacramento Superior Court case#34-2014-800001868). Syngenta’s challenge was unsuccessful and now the official listing can move forward, in spite of Syngenta’s pending appeal. The six chemicals will now be known as reproductive toxicants in the state of California effective July 15, 2016. See listing notice. http://oehha.ca.gov/media/downloads/crnr/listingnoticetriazines070516.pdf Proposition 65, officially […]

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22
Jun

Federal Court Finds USDA Process for Allowing Pesticide-Contaminated Compost Improper and Stops Use

(Beyond Pesticides, June 22, 2016) In a ruling that organic advocates say is critical to the integrity of the USDA organic label, a U.S. District Court judge found Monday that the U.S. Department of Agriculture (USDA) violated public process when it decreed that pesticide-contaminated compost is allowed in organic production. Three groups that bridge environmental, consumer, and farmer interests sued USDA for ruling that green waste compost, which comes from lawn clippings and plants, may contain levels of the insecticide bifenthrin and other pesticides that have not been approved for use in organic systems through proper public hearing and comment procedures. The case focused principally on whether USDA, in failing to conduct a formal public review, was operating “at its whim.” The court found that is exactly what USDA did and ordered the agency to stop allowing the use of contaminated compost by August 22, 2016. U.S. District Judge Jacqueline Scott Corley of the Northern District of California found that USDA’s National Organic Program (NOP) operated without the required notice and comment. She explained, “the reach of the Agency’s  new rule stretches beyond bifenthrin and instead allows green waste or green waste compost used in organic production to contain any […]

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13
Jun

Court Says Law Allows Secrecy of Hazardous Pesticide Product Ingredients

(Beyond Pesticides June 13, 2016) A federal judge in California handed down a decision last week agreeing with the Environmental Protection Agency’s (EPA) that it has no responsibility under federal pesticide law to complete rulemaking on the disclosure of hazardous ingredients in pesticide products. That means that if the decision stands EPA will be allowed to keep the public in the dark on the full list of toxic ingredients in pesticides registered by the agency. A lawsuit filed by the Center for Environmental Health, Beyond Pesticides, and Physicians for Social Responsibility argues that EPA fails to protect consumers from “inert” ingredients found in pesticides. U.S. District Judge William Orrick stated in his ruling,“The EPA has no mandatory duty to require disclosure of “inert” ingredients in pesticides, even if those ingredients qualify as hazardous chemicals under separate statutes.” Advocates have said for decades that people and communities cannot make informed decisions on pesticide products without full disclosure of all product ingredients and that the stated proprietary interests of chemical manufacturers is bogus, given the burgeoning market of pesticide products exempt from registration under the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) 25(b) provision, which are required to disclose all ingredients. An […]

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08
Jun

Public Comment Needed to End Atrazine Use after EPA Confirms Threat to Wildlife

(Beyond Pesticides, June 8, 2016) With years of data documenting the harmful impacts of the herbicide atrazine on aquatic organisms and other wildlife, a recent U.S. Environmental Protection Agency (EPA) assessment now concludes that this widely used chemical poses risks to fish, amphibians, aquatic invertebrates, and even birds, reptiles and mammals. Atrazine is a potent endocrine disruptor with strong associations with birth defects, sex reversal and hermaphroditism in organisms, and whose risk to environmental and human health is exacerbated by pervasive surface, ground and drinking water contamination. Last week, EPA released its triazine ecological risk assessments for atrazine and its chemical cousins simazine, and propazine. The assessments evaluated risks to animals and plants including, amphibians, birds, mammals, fish, reptiles, aquatic invertebrates, aquatic plant communities, and terrestrial plants.  EPA is currently in the registration review process for these chemicals. For atrazine, EPA concludes, “aquatic plant communities are impacted in many areas where atrazine use is heaviest, and there is potential chronic risks to fish, amphibians, and aquatic invertebrate in these same locations. In the terrestrial environment, there are risk concerns for mammals, birds, reptiles, plants and plant communities across the country for many of the atrazine uses.” Levels of concerns were […]

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06
Jun

EPA Judge Rejects Bayer’s Challenge to Keep Flubendiamide on Market after Agency Pulls Conditional Registration

(Beyond Pesticides, June 6, 2016) Bayer CropScience’s appeal of the cancellation of their toxic pesticide flubendiamide by the U.S. Environmental Protection Agency (EPA) was rejected by EPA’s Chief Administrative Law Judge (ALJ) Susan Biro on Thursday, June 1. Judge Biro dismissed the complaints, saying that the agency was acting within its authority when it pulled its approval for the pesticide earlier this year after the two manufacturers, Bayer CropScience and Nichino America, failed to meet the terms laid out in a 2008 conditional registration. A startling number of pesticides, nearly 65% of the more than 16,000 pesticides now on the market, were first approved by the process of “conditional registration,” a loophole in which EPA allows new pesticides on the market without the full range of legally mandated toxicity tests for a full registration. Meanwhile, the Canadian Pest Management Regulatory Agency finalized its  decision to discontinue granting new conditional registrations, also on June 1. In 2008, EPA granted Bayer a “conditional” registration for flubendiamide, a classification that allows a new pesticide to be registered and used in the field, despite outstanding data points on its toxicological impact. In this case, original data submitted to EPA by Bayer showed concern over […]

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04
May

Organic Consumers Association Sues to Keep Synthetics Out of Organic Infant Formula

(Beyond Pesticides May 3, 2016) Last week, the Organic Consumers Association (OCA) filed lawsuits against two popular infant formula makers for falsely labeling their products as organic. The claims against both The Honest Co. and Hain Celestial Group allege that their products contain ingredients that are prohibited under the Organic Food Production Act (OFPA) of 1990 as well as non-organic and non-agricultural ingredients. The lawsuit against The Honest Company alleges the product contains 11 synthetic ingredients that are not allowed by federal law in organic products, including sodium selenite and taurine. In the court documents, OCA also claims that some of the ingredients have not been “assessed as safe for human foods — much less for infant formulas.” “No one is more concerned about food labels and ingredients than new mothers responsible for feeding infants whose immune systems and brain development are so underdeveloped and vulnerable. As consumers, these mothers must rely on truthful labeling in order to make the best choices for feeding their infants and toddlers. Our job as a consumer advocacy group is to call out and hold accountable companies like The Honest Co. and Hain Celestial when they knowingly and intentionally mislead consumers,” said OCA International […]

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20
Apr

GAO Finds USDA Regulation of Genetically Engineered Crops Deficient

(Beyond Pesticides April 20, 2016) A recently released study by the U.S. Government Accountability Office (GAO) assesses the actions of three government agencies responsible for regulating genetically engineered (GE) crops, finding several shortcomings in the process. The report, which was commissioned by U.S. Senator Jon Tester (D-MT), is entitled Genetically Engineered Crops:  USDA Needs to Enhance Oversight and better Understand Impacts of Unintended Mixing with Other Crops. The report finds that while the Environmental Protection Agency (EPA), Food and Drug Administration (FDA), and U.S. Department of Agriculture (USDA) have taken some steps to regulate GE crops, USDA’s failure to update its regulations that oversee GE crops has created a large data gap on the extent and impact of the unintended mixing of GE and non-GE crops. To address this, GAO recommends, among other things, that USDA set a timeline for updating its regulations and include farmer’s growing identity-preserved crops in its survey efforts to better understand the impacts of unintended mixing. The issue of coexistence between farmers using genetically engineered (GE) crops and non-GE farmers is as important as ever. GE crops pose a constant threat to the livelihood of organic farmers and undermine the burgeoning growth of the organic […]

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31
Mar

Terminix To Pay $10 Million Criminal Fine for Poisoning Family in Virgin Islands

(Beyond Pesticides, March 31, 2016) On Tuesday, Terminix International LP and its U.S. Virgin Islands (USVI) operation agreed to a $10 million plea agreement after being  charged by the U.S. Justice Department and Environmental Protection Agency (EPA)  in U.S. District Court with multiple violations of the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) for “illegally applying fumigants containing methyl bromide in multiple residential locations in the U.S. Virgin Islands.” This decision by Terminix to pay criminal fines comes just one year after a Delaware family of four was poisoned with the neurotoxic pesticide at a resort in St. John, resulting in hospitalization and serious injury. The agreement, which is still subject to District Court approval, requires Terminix USVI to pay $6 million in fines and restitution to EPA for response and clean-up costs, and Terminix LP to pay $3 million in fines and fund a $1 million community service project, and a probation period of three years. In addition, Terminix LP is also responsible for resolving past and future medical expenses for the family through separate civil proceedings. Last March, a family from Delaware was vacationing at a  luxury condo in the U.S. Virgin Islands when they were exposed to […]

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23
Mar

Vermont House Votes to Authorize State Regulation of “Treated Articles,” such as Neonic-Coated Seeds

(Beyond Pesticides March 23, 2016) Last week, the Vermont House of Representatives passed a bill that authorizes state  regulation of pesticide-treated products,  including  telephone poles and coated seeds, that are exempt from federal pesticide regulations. H.861 is the latest in a string of laws introduced this legislative session in Vermont to address the impact of harmful neonicotinoid insecticides  on Vermont’s ecology and agriculture, and symbolizes a concentrated effort by the legislature to reverse pollinator declines within the state. If passed by the Senate and signed by the governor, the bill will  allow the Secretary of Agriculture to regulate above and beyond current federal laws, which exempt treated articles from regulation completely, and write appropriate rules in response to recommendations from a state Pollinator Protection Committee. The bill, which passed with wide support in the House, gives the Vermont Agency of Agriculture, Food and Markets the authority to regulate “treated articles,” a term coined by the Environmental Protection Agency (EPA) to denote products treated with pesticides, such as utility poles, commercial crop seeds, and lumber. Traditionally, EPA gives rulemaking authority over pesticides to states, but that authority does not extend to products pre-treated with pesticides, which, until this point, has posed […]

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14
Mar

Report Calls for Improved Pesticide Regulation and Assessment on Kauai, Hawai’i

(Beyond Pesticides, March 14, 2016)  According to a draft version of a report commissioned by Hawaii and Kauai County, Hawaii should dramatically improve its regulation of pesticide use and study its impacts, which the state legislature has repeatedly refused to consider. Unsurprisingly, agrichemical companies that produce genetically engineered (GE) seeds criticized the new government report, saying it “raises unfounded and unsubstantiated fears about chronic exposure and chemicals in general.” Association members include Monsanto, Syngenta, DuPont Pioneer, Dow AgroSciences and BASF, multi-billion-dollar multinational agrochemical companies that farm thousands of acres in Hawaii and produce the state’s largest export crop, seed corn. The Joint Fact Finding (JFF) report was conducted by Peter Adler of the consulting firm Accord3.0. and eight participants, including two representatives of DuPont Pioneer and Dow AgroSciences. According to the study website, it was commissioned by the  Hawaii State Department of Agriculture (HDOA)  and Kauai Mayor Bernard Carvalho in order to conduct a joint fact finding project on the island of Kauai. The preliminary results were released after a year-long investigation into the impacts and regulation of pesticide use by Hawaii’s GE seed industry and Kauai Coffee.  The draft report is available for public comment until April 8, 2016. […]

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11
Mar

Colorado Rancher To Be Jailed for Pesticide Drift

(Beyond Pesticides, March 11, 2016)  A judge found a Colorado rancher to be in violation of a court order that protected his neighbors, organic farmers Rosemary Bilchak and her husband Gordon MacAlpine, who suffers from leukemia, from sprayed pesticides that drifted onto their property. The decision in western Colorado’s North Fork Valley sets a precedent in protecting farmers and sensitive people from pesticides.  State Judge Jeff Herron sentenced Hopper to jail for two days ””and fined him $7,500 ”” ruling that his spraying until 2015  violated a 2012 court order  that protected his neighbors. Despite this court order, records say Mr. Hopper continued spraying through August 2015. Mr. Hopper had obtained a state license to spray pesticides in 2011 after his wife was diagnosed with West Nile virus, which is spread by mosquitoes. However, Mr. Hopper’s neighbors took him to court, claiming the pesticides were harmful to Mr. MacAlpine’s health and prevented them from expanding into organic vegetable production. The presiding judge at the time of the 2012 court ruling, Charles Greenacre, determined that an application of the insecticide, Fyfanon, a form of  malathion, had drifted, and thus trespassed, onto the neighboring organic farm of Rosemary Bilchak and her husband, […]

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10
Mar

“Muzzled” USDA Scientist to Speak at National Pesticide Forum

(Beyond Pesticides, March 10, 2016) Jonathan Lundgren, Ph.D., a top U.S. Department of Agriculture (USDA) entomologist who received a prestigious national award for civic courage  for his work on neonicotinoids and pollinator decline in the face of agency attempts to suppress his work, will be speaking at Cultivating Community and Environmental Health, the 34th National Pesticide Forum, April 15-16, 2016 in Portland, ME. Dr. Lundgren will join other top scientists and leaders who have stood up to protect human and environmental health, despite facing industry backlash and scientific suppression. His story was recently featured in Sunday’s The Washington Post Magazine, Was a USDA Scientist Muzzled Because of His Bee Research, as censorship of federal scientists has grown. As a Senior Research Entomologist and Lab Supervisor for the Agricultural Research Service (ARS) in South Dakota, Dr. Lundgren had worked for USDA for eleven years with great success, with his research drawing national attention and international recognition. However, in October 2015, Dr. Lundgren, represented by Public Employees for Environmental Responsibility (PEER) filed a whistleblower complaint charging the agency with suppression of research findings that challenged the safety and efficacy of a widely used class of pesticides, neonicotinoids. In April 2015, PEER filed […]

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09
Mar

Senate Democrats Introduce Bill Requiring GE Food Labeling, Includes Preemption of States

(Beyond Pesticides March 9, 2016) Last week, Senators Jeff Merkley (OR), Patrick Leahy (D-VT), Jon Tester (D-MT), and Dianne Feinstein (D-CA) introduced legislation to  require  that consumer food packaging  displays genetically engineered (GE) ingredient labeling. The Senators’ legislation, the Biotechnology Food Labeling and Uniformity Act  (S.2621), presents an alternative to the primarily Republican-backed Biotechnology Labeling Solutions Bill that recently passed the Senate Agriculture Committee on a 14-6 vote. The Biotechnology Labeling Solutions Bill, which embodies several provisions of the much opposed DARK Act, will  hide ingredient information from consumers by overturning state GE labeling laws like that of Vermont’s. “Rather than blocking consumers’ access to information they want, the U.S. Senate should move forward with a solution that works for businesses and consumers alike,” said Senator Merkley. “There is a way to give consumers the information they are asking for without placing unfair or conflicting requirements on food producers. This legislation provides the common-sense pathway forward.” The  Biotechnology Food Labeling and Uniformity Act  will allow American consumers to see whether a food has been prepared with GE ingredients, while offering food manufacturers several options for including this information on or near the ingredients list. This framework meets the needs of […]

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03
Mar

Label Warning on Dangerous PCP-Treated Poles Deemed Unconstitutional

(Beyond Pesticides, March 3, 2016) Last month, U.S. District Court Judge Arthur Spatt declared a dangerous wood preservative label ordinance unconstitutional, ending a three year battle between a New York town and Public Service Enterprise Group (PESG). In 2014, under the authority of the Long Island Power Authority (LIPA), PESG installed thousands of hurricane-resistant utility poles containing the hazardous wood preservative pentachlorophenol (PCP or penta). The U.S. Environmental Protection Agency (EPA) defines pentachlorophenol as “extremely toxic” to humans even from short-term exposure and is listed as a “probable human carcinogen.” Judge Spatt cited the First Amendment doctrine of commercial speech, stating that, “In order to qualify as commercial speech, the message sought to be regulated must necessarily bear some discernible connection to the commercial interests of the speaker.” Because the utility poles are not intended to be sold to the public nor influence consumer behavior, PESG is not required to post “compelled warning signs” on their dangerous utility poles. In 2014, the Town of North Hempstead on Long Island New York passed a law requiring warning labels on the utility poles that are treated with PCP. At a town board meeting on September 9, a vote of 7-0 mandated the […]

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24
Feb

Colorado Legislature Considers Pesticide-Free Marijuana Bill

(Beyond Pesticides February 24, 2016) Last Friday, Colorado’s House Public Health Care and Human Services Committee heard a proposal to create a contaminant-free certification system for marijuana sold within the state. This program, intended to resemble the federal National Organic Program, was offered as a legislative response to protect consumers after the Colorado Department of Agriculture (CDA) failed to implement meaningful regulations to keep marijuana users within the state safe from the harms associated with unregulated pesticides use on cannabis crops. If the proposal moves forward, Colorado will becomes the first state to establish and regulate an organic label in its marijuana  industry, paving the way for other states with legalized marijuana industries to follow suit. Massachusetts and New Hampshire require that cultivation practices are consistent with USDA national organic standards. “Consumers have a right to know what they’re putting in their body,” said Colorado Rep. Jonathan Singer, co-sponsor of HB16-1079, which requires that CDA set up an independent program to certify that cannabis sold in the state is pesticide-free. Companies that  meet the standard would then be able to use special labeling to alert consumers that their products are entirely pesticide-free. The program will  also attempt to address concerns […]

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10
Feb

Hawaii Pesticide Disclosure Bill Passes Committee

(Beyond Pesticides February 10, 2016) Last week Hawaii’s House Energy and Environmental Protection Committee, chaired by Representative Chris Lee, unanimously passed a measure to require large-scale, outdoor commercial agricultural businesses to publicly disclose outdoor application of pesticides in various environmentally sensitive areas. House Bill 2574  will  make the reporting guidelines for the voluntary Kauai program mandatory across the state and will  also establish “disclosure and public notification requirements for outdoor applications of pesticides in and in the proximity of schools, health care facilities, child care facilities, elder care facilities, and other environmentally sensitive areas,” according to the bill. The bill’s next step is the Agriculture Committee, where chair Representative Clift Tsuji has killed pesticide-related bills in the past. House Bill 2574 is the latest in a string of laws proposed by local and state governments within Hawaii to try to  protect citizens from the harms of toxic pesticides. In 2015, Hawaiian legislators proposed House Bill 1514  to establish school and hospital buffer zones. The bill, which would have prohibited farmers from using large amounts of pesticides within a specified distance of schools and hospitals, stemmed from concerns about  the impact of genetically-engineered (GE) farming and its inherent dependency on increasing […]

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29
Jan

Court Rejects EPA’s Bid to Revoke Use of Dow’s 2,4-D/Glyphosate (Enlist Duo) Pesticide in GE Crops

(Beyond Pesticides, January 29, 2016) This week, the 9th U.S. Circuit Court of Appeals handed a victory to Dow Chemical Company and its  efforts to keep the toxic pesticide Enlist Duo on the market, despite new safety concerns identified by the Environmental Protection Agency (EPA).  Enlist Duo has been marketed as a “solution” for the control of glyphosate-resistant weeds in genetically engineered (GE) crops, brought on by the  widespread use of Monsanto’s  Roundup  on glyphosate-tolerant (Roundup Ready) crops over the last decade. EPA asked the court at the end of November, 2015 to vacate its 2014 approval of Enlist Duo based on new information on the  toxic effects associated with the synergistic interactions of  the chemical cocktail of 2,4-D, glyphosate, and other undisclosed ingredients in the product to plants outside the treated area, including endangered plants. The three-sentence order, which does not include  the judge’s reasoning, denied EPA’s request. While considering other legal options, EPA can choose  to exercise it administrative powers by  canceling specific uses or the entire  registration of Enlist Duo under  its pesticide cancellation process, and within that process could choose to identify an imminent hazard and remove the pesticide from the market immediately, while it faces […]

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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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25
Jan

Monsanto Sues to Keep Glyphosate off California List of Carcinogens

(Beyond Pesticides, January 25, 2016) Monsanto filed a lawsuit in California last week seeking to prevent glyphosate, the main ingredient in its Roundup herbicide, from being added to California’s  list of known carcinogens under the state’s Safe Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65). Glyphosate is  classified  as a probable carcinogen by the World Health Organization’s International Agency for the Research of Cancer (IARC) based on sufficient  evidence  of carcinogenicity in experimental animals. This is the highest level carcinogen based on laboratory animal studies  under  IARC’s rating system. California law requires the state to keep a list of cancer-causing chemicals to inform residents of their risks. California Office of Environmental Health Hazard Assessment (OEHHA) said in September that it planned to add glyphosate to the list after the World Health Organization’s International Agency for Research on Cancer (IARC) classified it as a probable human carcinogen last March. Monsanto has disputed the assessment, citing decades of studies deeming glyphosate safe, including a 2007 study by OEHHA that concluded the chemical was unlikely to cause cancer. The agrochemical company said it filed the suit against the state’s OEHHA, citing the agency’s acting director, Lauren Zeise, in California state court, […]

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