(Beyond Pesticides, January 12, 2012) The U.S. Food and Drug Administration (FDA) says it will step up testing for a fungicide not registered for use in the U.S. that has been found in low levels in orange juice. The fungicide, carbendazim, does not have any food tolerances and thus its presence in orange juice is unlawful under the Federal Food, Drug, and Cosmetic Act. Despite this, FDA does not intend to take action to remove from domestic commerce orange juice containing the reported low levels of carbendazim, but will deny future imports. FDA said in a letter to the Juice Products Association that an unnamed juice company contacted the agency in late December and said it had detected low levels of carbendazim, a fungicide, in the company’s own orange juice and also its competitors’ juice. Carbendazim is not currently approved for use on citrus in the U.S., but is used in Brazil, which exports orange juice to the U.S. Testing found levels up to 35 parts per billion (ppb) of the fungicide, far below the European Union’s maximum residue level of 200 ppb. The U.S. does not have an established maximum residue level (tolerance level) for carbendazim in oranges. According […]

(Beyond Pesticides, January 3, 2012) A coalition of six consumer safety groups filed suit against the U.S. Food and Drug Administration (FDA) on December 21, 2011, citing the FDA’s chronic failure to regulate materials derived from nanotechnology (nanomaterials) used in sunscreens, cosmetics and drugs. The lawsuit demands that FDA respond to a May 2006 petition the coalition filed calling for regulatory actions, including nano-specific product labeling, health and safety testing, and an analysis of the environmental impacts of nanomaterials in products regulated by FDA. The lawsuit cites numerous studies and reports published since 2006 that establish significant data gaps concerning nanomaterials’ potential effects on human health and the environment. Led by the International Center for Technology Assessment (ICTA), the coalition is calling for FDA to take immediate action to assess the actual risks from nanomaterials and implement appropriate protective measures for consumers. While receiving minimal regulatory scrutiny or public attention, nanotechnology is becoming an increasingly prevalent practice for developing the next generation of ingredients in a wide range of consumer products. Generally defined, nanotechnology is the practice of manipulating matter on an atomic or molecular level to produce materials between 1 and 100 nanometers (nm) in size. A nanometer is […]

(Beyond Pesticides, December 16, 2011) A group of U.S. Senators has drafted and sent a letter to the offices of Senate Majority Leader Harry Reid (D-NV) and Minority Leader Mitch McConnell (R-KY) in an attempt to convince them to set aside time in the Senate schedule for consideration of the Reducing Regulatory Burdens Act of 2011, H.R. 872. ACTION IS NEEDED to show Senators Reid and McConnell that the public does not want this bill and that pesticides should not be exempted from critical safety and environmental protections. Consideration of this bill would take valuable time out of the Senate’s schedule to debate a bill that would weaken important policies that protect human health and the natural environment. The letter, dated December 8th, aims to communicate a sense of bipartisan agreement that the issue should move forward. It was drafted by Senators Mike Crapo (R-ID) and Kay Hagan (D-NC) and was signed by 13 other Republicans and 10 other Democrats. However, despite this apparent bipartisan support, many Senators have expressed serious concern regarding the effects that would result from passage of the bill. Your help is needed. Please call the offices of Senator Reid and Senator McConnell today and tell […]

(Beyond Pesticides, December 14, 2011) The U.S. Environmental Protection Agency (EPA) is conditionally registering a pesticide product containing nanosilver as a new active ingredient. The antimicrobial pesticide product, HeiQ AGS-20, a silver-based product for use as a preservative for textiles to help control odors, is being granted registration despite a long list of outstanding studies that have yet to be submitted and reviewed by EPA. As a testament to EPA’s flawed registration process, the agency will now require additional data on the product after it has entered the marketplace to confirm its assumption that the product will not cause ”˜unreasonable adverse effects on human health or the environment,’ the general standard for registration under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). HeiQ AGS-20 is a nanosilver-silica composite with nanosilver particles that are incorporated into textiles and release of silver ions to suppress the growth of bacteria, which cause textile odors, stains, and degradation. Despite an emerging database that shows that nanosilver is much more toxic than conventional-sized silver and can cause damage in new ways, the agency pressed forward with registration of a product for which it has not fully evaluated human and environmental health data. For conditional registration, […]

(Beyond Pesticides, November 28, 2011) The U.S. Environmental Protection Agency (EPA) recently released Pesticide Chemical Search, a new database that allows users to easily access information related to pesticide active ingredients, including regulatory and scientific information. Pesticide Chemical Search is designed to consolidate information from the Office of Pesticide Program’s website and several other important sources. Though the database makes searching for pesticide information more user-friendly, it does not offer additional information on chemical adverse effects. The new application collects existing web pages on specific chemicals on EPA’s Office of Pesticide Program’s website and allows users access to this information through a single portal. Users will also be able to quickly find the current status of a chemical and where it is in the review process. Another key feature is the ability to determine if there are any dockets open for public comment for a given chemical. Other key features of Pesticide Chemical search include: ”¢ 20,000+ regulatory documents such as fact sheets and REDs ”¢ Links to over 800 dockets in Regulations.gov ”¢ Links to important information, including pesticide tolerances in the eCFR ”¢ Web services that provide a wide variety and depth of information about a particular chemical […]

(Beyond Pesticides, November 16, 2011) On November 9, 2011, the U.S. Environmental Protection Agency (EPA) issued its cumulative risk assessment for the pyrethroid class of insecticides, concluding that these pesticides “do not pose risk concerns for children or adults,” ignoring a wealth of independent data that links this class of chemicals to certain cancers, respiratory and reproductive problems, and the onset of insect resistance. The agency went as far to state that its cumulative assessment supports consideration of registering additional new uses of these pesticides, potentially opening the flood gates for manufacturers to bombard the market with more pyrethroid pesticides, endangering the health of the public. EPA issued the final pyrethins/pyrethroid cumulative risk assessment in the Federal Register and is requesting comment until January 9, 2011, including information that may be used to further refine the assessment. Pyrethroids are a widely used class of insecticides used for mosquito control and various insects in residential and agricultural settings. However pyrethroids are highly neurotoxic and have been linked to cancer, endocrine disruption, suppression of the immune system, and various reproductive effects. This class of chemicals includes permethrin, bifenthrin, resmethrin, cyfluthrin and scores of others. Read Beyond Pesticides’ factsheet “Syntethic Pyrethroids.” Once the […]

(Beyond Pesticides, October 11, 2011) U.S. Senator Pat Roberts (R-Kansas) has offered an amendment to a currency bill in the Senate this week which would strip protections against pesticide contamination from the Clean Water Act (CWA). The language of the amendment is the exact same language as H.R. 872, which is currently working its way through the Senate and which environmental and public health advocates have been fighting against for much of the past year. Urgent action is needed to stop the amendment from successfully being attached to the larger bill, S. 1619. Click here to send an email to your Senators urging them to stand with you in opposing the Roberts amendment, Amendment 720, and ensuring our waterways are kept safe from pesticide contamination. Attaching the bill as an amendment to an entirely unrelated bill represents an attempt to slip the language in unnoticed and get it through without a fight. The language in the amendment, which has already passed through the U.S. House of Representatives as H.R. 872, and was voted out of the Senate Committee on Agriculture, Nutrition, and Forestry as the stand alone bill S. 718 in June, but had since stalled in the Senate, would […]

(Beyond Pesticides, September 22, 2011) As part of his $3 trillion deficit-reduction plan, President Obama has proposed to increase pesticide and chemical registration fees and reinstate tolerance assessment fees in order to cover the costs of evaluating the chemicals’ health and environmental effects data. The U.S. Environmental Protection Agency (EPA) currently collects fees from companies seeking to register their pesticides or maintain existing registrations; however these fees do not cover the full cost of the review process. The White House fee collection proposal will save $740 million over 10 years. Under the reregistration program, pesticides that were registered prior to November 1, 1984 are evaluated to ensure that they continue to meet current regulatory standards. EPA began this effort under 1988 amendments to the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA). The amendment also requires EPA to review all other registered pesticides on a 15-year cycle to ensure that registrations reflect current regulations. The reregistration of pesticides under FIFRA is a lengthy and ongoing process. Hundreds of pesticides currently registered and commonly used still lack a full assessment of their potential short and long-term effects on human health, particularly on children, and the environment. For example, EPA has failed to […]

(Beyond Pesticides, September 21, 2011) An unregistered pesticide product, which was smuggled into the U.S. from overseas and contained an ingredient at a concentration of nearly 61 times greater than allowed by federal regulations, was one of 6,000 rat and cockroach poison products seized from shops and street vendors in and around New York’s Chinatown. The pesticides are particularly dangerous because their packaging and appearance could lead them to be mistaken for cookies or cough medicine. The U.S. Environmental Protection Agency (EPA), with several other federal and state agencies, including the New York State Department of Environmental Conservation (DEC), the New York Office of U.S. Immigrations and Customs Enforcement’s (ICE) Homeland Security Investigations (HIS), and the New York Office of the United States Postal Inspection Service (USPIS), on Monday announced federal criminal charges against two defendants, and state criminal charges against 10 defendants, for their respective roles in the illegal distribution and sale of unregistered and misbranded pesticides that were sold out of multiple locations in Manhattan. All pesticides pose unique risks to users and the environment at large since they are designed to kill living organisms; many have been linked to several chronic diseases including cancer. Learn more about […]

(Beyond Pesticides, September 19, 2011) Dubbing it the “most anti-environment House in history,” Rep. Henry Waxman (D-Calif.), ranking member on the House Energy and Commerce Committee, released a new searchable database last week listing a staggering 125 pieces of legislation that will reduce environmental protection. The bills, introduced and passed by the Republican-led U.S. House of Representatives, are aimed at limiting the authority of the U.S. Environmental Protection Agency (EPA) and other federal institutions tasked with upholding environmental laws set in place to protect human and environmental health. The database indicates that the legislation will undermine environmental laws, such as the Clean Air Act and Clean Water Act, and breaks down anti-environment bills in the 112th Congress into categories: clean energy, climate change, nuclear power, pipeline safety, pollution prevention, and public lands and coasts. This includes legislation limiting the regulatory authority of EPA by prohibiting it from regulating carbon emissions from power plants, votes to defund enforcement of the Clean Air Act and the Clean Water Act, and efforts to target federal agencies such as the Department of Interior and the Department of Energy. Recent attacks on environmental statutes, including attempts to strip the Clean Water Act of its power […]

(Beyond Pesticides, September 15, 2011) Bowing to pressure from the chemical industry, the administration of President Barack Obama recently blocked a new and desperately needed U.S. Environmental Protection Agency (EPA) review of chemical health hazards which was developed under the agency’s Integrated Risk Information System (IRIS), according to Daniel Rosenberg of the Natural Resources Defense Council. In his blog, Mr. Rosenberg reported on September 13 that, “[T]he White House worked behind the scenes to stop EPA from issuing a hazard assessment of the cancer-causing chemical TCE [produced through the IRIS program] — and is working to effectively shut down the EPA’s program for assessing the hazards of chemicals — the basis for setting and updating health standards for drinking water, air quality, and clean-up of contaminated soil.” He notes that the move was obscured as it fell on the same day as the widely reported and controversial decision by the administration to withdraw a new EPA health standard for ozone smog. A chemical health review under IRIS apparently provided the groundwork for the establishment of a new health standard for the carcinogenic trichloroethylene (TCE), but the findings yielded no action. The existing standard for the substance was last updated more […]

(Beyond Pesticides, September 13, 2011) A recent federal district court ruling is the latest in the series of setbacks against the U.S. Environmental Protection Agency (EPA’s) ability to enforce the Federal Insecticide, Fungicide & Rodenticide Act (FIFRA). The decision could affect at least five Stop Sale, Use or Removal Orders (SSUROs) issued to pesticide manufacturers since 2006. Even though the case hinged on a procedural issue, the ruling is another hindrance for the agency’s struggle to take action on registered pesticides that it believes are in violation of FIFRA without launching a formal cancellation process, a process that EPA has historically sought to avoid because it views it as lengthy and costly. While this case may hinge on the narrow need for rulemaking to delegate proper enforement authority under FIFRA, advocates have urged the agency’s broader use of its cancellation authority in an effort to bring the chemical industry in line with public health and environmental standards and sound science. With more rigorous use of its cancellation authority, pesticide manufacturers will have a difficult time with its challenges in the face of administrative findings by the agency. and over time ensure a higher degree of compliance. The case, American Vanguard […]

(Beyond Pesticides, September 7, 2011) California’s approval of the dangerous and controversial agricultural chemical, methyl iodide, suffered serious questions with the release of new documents showing the fumigant’s registration process was flawed. The documents, which were made public as part of a lawsuit challenging the state’s approval of the chemical, show the state’s Department of Pesticide Regulation (DPR) cut and pasted calculations from different risk assessments in order to come up with a less stringent set of restrictions on the chemical’s use. Earlier this year, several environmental groups sued the State of California for approving the agricultural use of methyl iodide. Methyl iodide is known to cause miscarriages, thyroid dysfunction, and cancer, and is applied to crops like strawberries and peppers. It was approved by California state pesticide regulators in December as an alternative to methyl bromide, an ozone-depleting chemical being phased out under international treaty. Environmental advocacy groups and other opponents of methyl iodide use in the state have released documents detailing dissension in the ranks of DPR over the risk assessment of methyl iodide and its subsequent approval. Earthjustice, a nonprofit environmental law group, sued DPR in an attempt to reverse the state’s approval of the chemical. The […]

(Beyond Pesticides, August 17, 2011) Representatives Edward J. Markey (D-Mass.), top Democrat on the House Natural Resources Committee, and Grace Napolitano (D-Calif.), the Ranking Democrat on the Natural Resources Committee’s Subcommittee on Water and Power, sent a letter to the Environmental Protection Agency (EPA) and the U.S. Fish and Wildlife Service (FWS) urging adoption of new measures to help protect endangered species as the federal government develops rules governing the spraying of pesticides directly into U.S. waters. These new rules would apply to issuance of a Pesticide General Permit (PGP), which would be the first of its kind in the history of the Clean Water Act and would impose limits on the amount of pesticides that enter our streams, rivers, and lakes. The letters were forwarded to EPA and FWS at a time when Congress is doing all it can to strip the Clean Water Act of its power to protect U.S. waterways. The Reducing Regulatory Burdens Act of 2011 or H.R. 872, already passed by the House earlier this year and recently voted out of the Senate Committee on Agriculture, Nutrition, and Forestry, would revoke EPA’s authority to require permits for pesticide discharges into waterways. Click here to send […]

(Beyond Pesticides, August, 8, 2011) In a move that highlights serious concerns regarding the pesticide registration process, DuPont has announced that it plans to issue a total recall of its new herbicide, Imprelis, following widespread evidence and complaints that the product has caused the deaths of trees around the country. After originally giving conditional approval to the new pesticide, the U.S. Environmental Protection Agency (EPA) has now stated that it is preparing to issue a “Stop Sale” order to halt any further use of the product. According to a letter posted on DuPont’s website Imprelis-Facts.com, the company is implementing a “voluntary suspension” of Imprelis sales. It intends to ask distributors to collect all Imprelis containers, even those partially used, that they have sold and return them to the company for a refund. Earlier this year, in what some said was one of the biggest disasters of its kind since the emerald ash borer killed millions of trees, Imprelis was linked to white pine and Norway spruce trees turning brown or dying all across the country. Tree damage was reported throughout the Midwest, in East Coast states and as far south as Georgia. Many landscapers in Michigan and elsewhere switched to […]

(Beyond Pesticides, July 28, 2011) A new report released last week finds that the U.S. Environmental Protection Agency’s (EPA) voluntary program to evaluate chemicals fails to protect children. According to the evaluation report by EPA’s Inspector General, the Voluntary Children’s Chemical Evaluation Program (VCCEP) was hampered by industry’s refusal to voluntarily collect and submit information and the agency’s failure to regulate under the Toxic Substances Control Act (TSCA) to collect the data. The report states what environmental groups have known for years: “EPA has not demonstrated that it can achieve children’s health goals with a voluntary program.” According to the Inspector General (IG), these failures led to only a fraction of the chemical assessments for the pilot being completed. IG found that VCCEP’s pilot was critically flawed and that the design of the program “did not allow for the desired outcomes to be produced.” It had a flawed chemical selection process and lacked an effective communication strategy. VCCEP is no longer operational and EPA has no plans to revive, replace, or terminate the program. The program was set up as part of the Chemical Right-to-Know Initiative in 1998 to ensure that there are adequate publicly available data to assess the […]

(Beyond Pesticides, July 22, 2011) Parallel bills have been introduced in the U.S. Senate and U.S. House of Representatives designed to increase federal research on endocrine disrupting chemicals and ensure public safety by restricting or eliminating chemicals found to present unacceptable risks to public health. S 1361, introduced by Senator John Kerry (D-MA), and HR 2521, introduced by Rep. Jim Moran (D-VA), are both titled the Endocrine-Disrupting Chemicals Exposure Elimination Act. The bills would establish a scientific panel at the National Institute of Environmental Health Sciences (NIEHS) to evaluate up to ten chemicals per year that potentially affect the endocrine system and would create a trigger to ban those found most harmful to public health. The bills would create a more updated scientific evaluation process than any that currently exists in the federal government for reviewing potential endocrine disruptors and would have a strong regulatory mandate to ban or restrict chemicals that are found to present serious health risks. The specific process outlined directs the National Toxicology Program at NIEHS to evaluate each chemical according to (i) the amount of evidence that it is an endocrine disruptor, (ii) the “level of concern” that it may disrupt hormones, and (iii) the […]

(Beyond Pesticides, July 22, 2011) Parallel bills have been introduced in the U.S. Senate and U.S. House of Representatives designed to increase federal research on endocrine disrupting chemicals and ensure public safety by restricting or eliminating chemicals found to present unacceptable risks to public health. S. 1361, introduced by Senator John Kerry (D-MA), and H.R. 2521, introduced by Rep. Jim Moran (D-VA), are both titled the Endocrine-Disrupting Chemicals Exposure Elimination Act. The bills would establish a scientific panel at the National Institute of Environmental Health Sciences (NIEHS) to evaluate up to ten chemicals per year that potentially affect the endocrine system and would create a trigger to ban those found most harmful to public health. The bills would create a more updated scientific evaluation process than any that currently exists in the federal government for reviewing potential endocrine disruptors and would have a strong regulatory mandate to ban or restrict chemicals that are found to present serious health risks. The specific process outlined directs the National Toxicology Program at NIEHS to evaluate each chemical according to (i) the amount of evidence that it is an endocrine disruptor, (ii) the “level of concern” that it may disrupt hormones, and (iii) the […]

(Beyond Pesticides, July 18, 2011) The U.S. House of Representatives has proposed to strip significant clean water protection from the Federal Water Pollution Control Act, commonly known as the Clean Water Act (CWA). In a vote on Wednesday, July 13, the Republican-controlled chamber passed the Clean Water Cooperative Federalism Act of 2011, H.R. 2018. The act would prevent the U.S. Environmental Protection Agency (EPA) from stepping in to enforce clean water standards when it deemed that a state agency was not effectively enforcing the law. The bill would also prevent EPA from refining its existing water standards to reflect the latest science without first getting approval from a state agency. Supporters of the bill say that EPA has gone too far in its enforcement of water standards at the expense of economic development. Opponents, however, point out that the bill presents the potential for new risks to public health and the environment in allowing states to issue subpar water standards and making it more difficult for outdated standards to be revised. The bill passed the House on a largely party-line vote of 239-184. 16 Democrats joined Republicans in support of the measure, while 13 Republicans voted against it. The fate […]

(Beyond Pesticides, July 14, 2011) In its draft Biological Opinion, the National Marine Fisheries Service (NMFS) finds that the issuance of the proposed Pesticides General Permit by the U.S. Environmental Protection Agency (EPA) is likely to jeopardize the continued existence of endangered and threatened species and cause the destruction or modification of critical habitat of the species without the implementation of a reasonable and prudent alternative (RPA). The agency is seeking public comment on the implementation of the proposed RPA and possible alternatives that would avoid the likelihood of jeopardizing the threatened or endangered species. Comments will be accepted until July 25, 2011. Essentially, the proposed Pesticides General Permit grants blanket approval to all pesticide applicators operating near waterways by issuing a single permit which would apply to all such potential applications, and largely removes the opportunity for environmental oversight of specific applications. The findings in this Biological Opinion are particularly relevant in light of current efforts by Congress to strip protections from the Clean Water Act (CWA) by prohibiting discharge permits for pesticides in waterways. Under section 7 of the Endangered Species Act (ESA), federal agencies have an obligation to insure, in consultation with NMFS and the U.S. Fish […]

(Beyond Pesticides, July 13, 2011) Millions of dollars’ worth of Norway spruce and white pine trees are mysteriously turning brown and dying this summer, and the chief suspect is a new lawn chemical. The product, Imprelis, a new herbicide manufactured by DuPont, is suspected by State officials and lawn care professionals who say they think Imprelis may be attacking pines and spruces. Once again, this new incident exposes the deficiencies in the registration process for new pesticides put onto the market without a full data set. In what some say could be one of the biggest disasters of its kind since the emerald ash borer killed millions of trees, white pine and Norway spruce trees are turning brown or dying all around the country. Tree damage has been reported throughout the Midwest, in East Coast states and as far south as Georgia. Many landscapers in Michigan and elsewhere switched to Imprelis (See the MSDS here) this year to control weeds such as dandelions because it was touted as “safer” by DuPont for the environment than predecessors such as 2, 4-D. So many trees have died -from the East Coast west to Iowa – that the damage is projected to be […]

(Beyond Pesticides, July 8, 2011) The U.S. Department of Agriculture (USDA) has issued a decision stating that it does not consider a new type of genetically engineered (GE) turf grass to be subject to federal regulations. In the decision announced by the USDA’s Animal & Plant Health Inspection Service (APHIS), the agency stated that it does not have the authority to regulate introduction or transportation of the GE grass seed under the provisions of the Plant Protection Act . The grass, developed by Scotts Miracle-Gro Company, has been engineered to be resistant to the herbicide glyphosate, commonly sold as Roundup. Kentucky bluegrass is a popular choice for yards and fields as well as pastures and prairies, and the GE seed is expected to be made available for consumers to plant in their home lawns, potentially making it one of the most widely planted GE crops in the country. USDA’s authority to regulate genetically modified organisms (GMOs) stems from provisions of the Plant Protection Act (relevant regulations can be found at 7 CFR 340) that are designed to ensure that GMOs do not present the potential for new “plant pests.” As the New York Times explains, “Since companies have created most […]

(Beyond Pesticides, July 1, 2011) The U.S. Environmental Protection Agency (EPA) has granted emergency approval for the use of the neonicotinoid pesticide dinotefuran to control brown marmorated stink bugs in seven eastern states. Dinotefuran is a member of the neonicotinoid family of systemic pesticides that is known to be highly toxic to bees and associated with Colony Collapse Disorder. The states of Delaware, Maryland, New Jersey, North Carolina, Pennsylvania, Virginia, and West Virginia had previously asked EPA for emergency approval of the pesticide due to a ballooning stink bug population. The short term emergency measure became effective June 24 and will expire on October 15 of this year. Dinotefuran is already approved by EPA for use on other crops, such as grapes, cotton, and some vegetables. The emergency approval relates to the pesticide’s use on orchard crops such as apples, pears, peaches, and nectarines, for which it has not previously been allowed. Growers of those crops will now be able to apply dinotefuran from the ground twice per season. The agency will allow a total of 29,000 orchard acres to be treated, which does not include applications to the previously approved crops. Under a controversial stipulation known as a Section […]