(Beyond Pesticides, October 7, 2008) After months of grassroots pressure by the Genetic Engineering Policy Project, Center for Food Safety and others, Governor Schwarzenegger signed AB 541, The Food and Farm Protection Act, on September 27, 2008. Under this law, farmers that are unknowingly contaminated by genetically engineered (GE) crops in California are now protected from liability. Monsanto, which has aggressively litigated to protect its seed patents, must now use a protocol to investigate farmers and sample their crops under legal standards that require notification. “We’re pleased to see that this bill will give farmers new protections from legal implications related to GE crops,” said Rebecca Spector, West Coast Director for Center for Food Safety. “While it is a compromise, it’s still an important step in the right direction.” AB 541 protects California farmers who have not been able to prevent the inevitable – the drift of GE pollen or seed onto their land and the subsequent contamination of non-GE crops. Farmers with crops that become contaminated by patented seeds or pollen have been the target of lawsuits brought by biotech patent holders, most notably Monsanto. Further, if their contaminated crops cause harm to other farmers, the environment or consumers, […]

(Beyond Pesticides, October 1, 2008) Last week, a jury awarded $1 million in compensation to an organic farm in Santa Cruz, California, whose herbs were contaminated by pesticides. The jury found that organophosphate pesticides, used on vegetables on neighboring farms, drifted onto the organic farm, leaving the herbs in violation of organic standards. The organic farm, Jacobs Farm Del Cabo, filed a lawsuit against the pesticide application company Western Farm Service, Inc. in May 2007. The suit sought an order to stop Western Farm Service from spraying pesticides that contaminate crops at Wilder Ranch State Park, where Jacobs Farm leases 120 acres. Compensation for losses, in the sum of $1 million, which resulted from pesticide contamination, was also sought. The court ruled that pesticide applications by Western Farm Service resulted in trespass of the pesticides onto Jacobs Farm and were legally determined to be a nuisance depriving Jacobs Farm of the right to use and enjoy the land, caused by negligence on the part of Western Farm Services. The jury found that Jacobs Farm was damaged in the sum of $1 million and Judge Robert Atack ordered judgment in that amount against Western Farm Service. The organophosphates, chlorpyrifos, diazinon, and […]

(Beyond Pesticides, September 29, 2008) A new study by Pesticide Action Network North America (PANNA) confirms that school children in Florida continue to breathe air contaminated by hazardous pesticides. Air monitoring near South Woods Elementary School in Hastings detected four agricultural chemicals in the air, often at levels that pose unacceptable risks to children. The report mirrors the results of a similar study released in April 2007, confirming the existence of an ongoing problem of pesticide contamination that is more extensive than previously documented. The new test results show that in October, November and December 2007 the air in Hastings was contaminated with the pesticides endosulfan, diazinon https://www.beyondpesticides.org/gateway/pesticide/diazinon.htm, trifluralin and chlorothalonil. Of these, two are neurotoxins, two are suspected carcinogens, and three are or will soon be banned in Europe. Endosulfan, the pesticide of greatest concern, was found in 87% of the samples, and, on several days, exceeded levels of concern. The air monitoring was conducted by concerned area residents using a “Drift Catcher” device, a simple air sampling system that sucks air into tubes, where the pesticides are absorbed and captured. The tubes are then sent to a laboratory, where the chemicals can be identified and the concentrations measured. […]

(Beyond Pesticides, August 26, 2008) On August 20, 2008, the 9th U.S. Circuit Court of Appeals reversed a 2006 ruling by the U.S. District Court for the Eastern District of California (Sacramento) that required the state of California to establish limits on air pollution associated with pesticide use. The Appeals Court found that the lower court did not have jurisdiction to impose solutions under the Clean Air Act. According to the plaintiffs represented by the Center for Race, Poverty and the Environment (CPRE), an environmental justice litigation organization based in San Francisco, pesticides are the fourth largest source of smog-forming volatile organic compound (VOC) emissions in California’s San Joaquin Valley. Prior to 2005, the state did not regulate this source of pollution from the politically powerful agriculture industry, even though the state had made a promise to reduce VOC emissions from pesticides by 20% more than a decade earlier in its Ozone State Implementation Plan, a smog clean up plan adopted pursuant to the Clean Air Act. El Comité para el Bienestar de Earlimart and the Association of Irritated Residents, represented by CRPE, filed suit (El Comité para el Bienestar de Earlimart, et al. v. Warmerdam, et al.) in U.S. […]

(Beyond Pesticides, July 23, 2008) Aerial spraying for West Nile virus (WNv) over urban areas of Sacramento County, California has been halted for one week, after three days of spraying, in order to determine the success of the treatment. The results from a series of before-and-after mosquito trapping, dead bird testing and testing for infected mosquitoes are expected to take one week to complete before it is determined whether spraying should continue. The Sacramento-Yolo Mosquito and Vector Control District is hoping that previous treatments were successful in reducing infected mosquitoes and that it will not need to do more aerial spraying this season. Assistant manager, Gary Goodman, indicated that the possibility of continued spraying remains uncertain, as new data from dead bird testing, mosquito trap analyses and from human cases become available. To combat WNv, the Sacramento-Yolo district has sprayed the pesticide, Evergreen Crop Protection EC 60-6T (which contains pyrethrins) over selected urban areas. Spraying for mosquitoes over urban areas of the county started in 2005, even though aerial sprayings over agricultural fields and from the ground using trucks or hand crews have occurred for a long time. In 2005 however, WNv began spreading broadly in northern California, and Sacramento […]

(Beyond Pesticides, July 21, 2008) Advocacy groups are encouraging California’s Senators to support Assemblywoman Fiona Ma’s bill (AB 977) that returns the ability to restrict pesticides to local jurisdictions. Currently, California and 40 other states have pesticide “preemption” laws that deny local authorities the right to pass pesticide restrictions that are more stringent than the state’s laws. Preemption laws are a result of intensive lobbying by the agrichemical industry, and groups in California and across the country believe the time has come to take back the democratic right for localities to adopt restrictions to protect environmental and public health. This authority enables local jurisdictions to respond to exposure scenarios that are not addressed by state law and address unique contamination or poisoning situations. California’s preemption law, passed in 1984, was the first of its kind in the nation and explicitly states that no local government “may prohibit or in any way attempt to regulate any matter relating to the registration, sale, transportation, or use of pesticides.” The state law nullified the first attempt at local pesticide regulation, which was a 1979 Mendocino County prohibition on aerial herbicide spraying that arose from an incident in which herbicide drifted almost three miles […]

(Beyond Pesticides, June 23, 2008) California state officials abruptly cancelled the program to spray pesticides to combat the light brown apple moth (LBAM). This move came after months of protests by residents over concerns that the chemicals in the pheromone-based pesticide may adversely impact their health and the environment.California’s Agriculture Secretary, A.G. Kawamura, announced on Thursday that the state has abandoned its plan for aerial spraying of the light brown apple moth in urban areas of several counties, including the San Francisco Bay area. However, sprayings may still proceed on farmland in rural areas. Officials also stated that they would not spray over communities near farms. “I know there’s concern out there, and we want to be able to address that,” Secretary Kawamura told reporters. “Our focus is to use the technology that has moved progressively forward.” Instead of spraying, the state said that it would keep moth populations under control by releasing sterile moths to halt reproduction by rendering eggs useless. Apparently the use of sterile moth as a means of population control has been a part of the state’s plans for more than a year. It is not clear therefore why aerial spraying was so heavily advocated by […]

(Beyond Pesticides, May 14, 2008) On May 12, Judge Robert O’Farrell ruled on a lawsuit brought by Helping Our Peninsula’s Environment (HOPE), finding that California’s Agriculture Secretary, A.G. Kawamura, violated the law when the state aerially sprayed untested, ”˜secret’ pesticides on cities, children and wildlife. Judge O’Farrell then ordered the spraying stopped until the California Department of Food and Agriculture (CDFA) completes an Environmental Impact Report (EIR). HOPE attorney Alexander Henson said, “I’m glad that this case will set a precedent requiring government to do the required studies before they spray an unsuspecting populace with untested chemicals.” HOPE Trustee Terrence Zito said,  “Since last August HOPE has been saying that spraying people with secret, untested, unwanted pesticides is immoral and illegal. The courts have now twice confirmed that CDFA acted illegally.” Last month a Santa Cruz County Court ruled that the light brown apple moth (LBAM) was not an immediate threat and delayed aerial spraying of the pesticide, CheckMate (a pheromone-based pesticide with inert ingredients), in order for an EIR to be completed. In his ruling, presiding Judge Paul Burdick said the state did not prove that the invasive light brown apple moth poses an immediate threat to life or […]

(Beyond Pesticides, April 28, 2008) On April 24, a Santa Cruz County, California Court ruled that the light brown apple moth (LBAM) is not an immediate threat and delayed aerial spraying of a pheromone pesticide, CheckMate, in order to complete an environmental impact report. Then California Governor Arnold Schwarzenegger decided to delay the aerial spraying, vowing to prove that the chemical is safe. According to the Santa Cruz Sentinel, “Judge Paul Burdick said the state did not prove that the invasive light brown apple moth poses an immediate threat to life or property. As a result, he said, an emergency exception to finish the review while the spraying continues was not justified.” Governor Schwarzenegger announced on the same day that the California Department of Food and Agriculture (CDFA) will postpone aerial spraying with the pheromone pesticide until acute toxicology testing of eye, inhalation, respiratory and other potential irritants is completed. “I am confident that the additional tests will reassure Californians that we are taking the safest, most progressive approach to ridding our state of this very real threat to our agriculture, environment and economy,” said Governor Schwarzenegger in a press statement. CDFA estimates that once the testing is complete the […]

(Beyond Pesticides, April 16, 2008) The California Department of Food and Agriculture (CDFA) is warning that if pheromone spraying in the San Francisco Bay area is postponed this summer, more conventional insecticides could be used in the future to manage a larger-scale light brown apple moth (LBAM) infestation. The related legal brief was released Monday in response to a lawsuit that demands an environmental review before the pheromone, CheckMate, is sprayed this summer. A number of cities and counties have taken a stand against the spray, including Santa Cruz county’s lawsuit, the hearing for which is coming up on April 24. CDFA is resisting the counties’ attempts to delay their LBAM action plan. “The risk of greater conventional pesticide is out there,” said CDFA spokesman Steve Lyle. According to the brief, the pesticide to be used would be bacillus thuringiensus (Bt), which is commonly used in other areas of the country to fight insects like the gypsy moth. One concern of local researchers is the area’s populations of endangered and threatened moths and butterflies, which would be further threatened by a non-selective insecticide. Santa Cruz Councilman Tony Madrigal dismissed the brief as employing scare tactics. “They’re proposing a choice to […]

(Beyond Pesticides, April 1, 2008) On March 27, many distinguished environmental health and justice advocates in addition to political leaders gathered in Los Angeles, CA to express their gratitude & praised the efforts of the Los Angeles Unified School District, (2nd largest in the nation) for working cooperatively for a decade with California Safe Schools (CSS), a children’s environmental health organization in creating the most protective pesticide policy for schools in the country. California Safe Schools (CSS) was formed by Robina Suwol in 1998, following an incident with her then 6-year-old son Nicholas, a student at Sherman Oaks Elementary School. Unaware students were present, a school gardener in a hazardous materials suit sprayed the herbicide Princep, creating a cloud of pesticide mist students were forced to walk through in order to reach their classrooms. Later, Nicholas, whose asthma had previously been under control, experienced a life-threatening asthma attack. Ms. Suwol’s initial research on a web site sponsored by Cornell University revealed that a single exposure to Princep could be very dangerous to children, and may cause tremors, convulsions & paralysis, among other symptoms. Further investigation revealed that many chemical pesticides commonly used in schools carry significant risks to growing children […]

(Beyond Pesticides, March 7, 2008) A number of counties in California’s Bay Area have voiced strong opposition to state plans to aerially spray a pheromone mixture over areas where the light brown apple moth (LBAM) has been found. While the California Department of Food and Agriculture (CDFA) plans to begin spraying this summer, state legislators and county officials alike are taking steps to postpone or halt it completely. By late February, Senator Carole Midgen had introduced a resolution to set a moratorium on aerial spraying in San Francisco and Marin counties. Assemblyman John Laird and others introduced a four-bill legislative package designed to ensure CDFA is “adequately prepared” for pest problems and public health is protected. Since then, a number of city councils have approved a variety of resolutions to oppose aerial spraying. Santa Cruz County has filed a lawsuit to stop the spraying, the court hearing for which has been postponed until April 24 in order to complete paperwork. “The county just received the administrative record from the state,” said county spokeswoman Dinah Phillips. “We’ll be going through that with a fine-tooth comb. We’re trying to get everything ready before the spraying begins.” The San Francisco Board of Supervisors […]

(Beyond Pesticides, March 4, 2008) Concern about environmental health and justice has exploded in our communities and around the world as a political and moral issue. One of the central threats, toxic pesticides, is directly linked to adverse health effects, particularly in children, and poisoning of the environment. We have learned enough in the last several decades since the publication of Silent Spring to make dramatic shifts away from toxic chemical dependency — as science increasingly links exposure to disease; insect, plant and bacteria resistance to chemicals multiplies; the energy and carbon footprint associated with pesticide use is documented; and the viability of sound and safe practices is realized. While the shift away from pesticide dependency has begun to take hold in communities around the world, conventional chemical intensive practices in agriculture and residential and institutional management continue to pose unjustifiable and unwarranted hazards. Regulatory standards and underlying laws accept unnecessary risks for workers that handle and work around pesticides and children who eat treated food, breathe contaminated air, or touch toxic surfaces. Studies link pesticides to cancer and immune, reproductive and nervous system damage. Subtle low level exposure effects that cause learning disabilities or impede brain function defy classical […]

(Beyond Pesticides, February 25, 2008) After two years of residents calling on local authorities for greater protection from drifting airborne pesticides, the Tulare County Agricultural Commissioner has adopted new pesticide buffer zone rules, or “permit conditions,” that prohibits aerial applications of restricted use pesticides within one-quarter mile of schools in session or due to be in session within 24 hours, occupied farm labor camps and residential areas. The Allensworth School Board, the Cutler-Orosi School Board and over 1,750 organizations and individuals endorsed the call for buffer zones in Tulare County. Community members launched efforts to establish buffer zones because of the serious health risks posed by pesticide exposure, ranging from short-term effects such as dizziness, vomiting and rashes to long-term effects including asthma, cancer, birth defects, damage to the developing child and neurological harm. Community efforts included conducting surveys documenting the general public’s exposure to pesticides, sampling for pesticides in the air and in residents’ bodies, and presenting local authorities with a petition endorsing the establishment of buffer zones around sensitive sites such as schools. According to the Mercury News, “An Associated Press investigation found that 590 people in California were sickened by pesticides at schools from 1996 to 2005, […]

(Beyond Pesticides, February 22, 2008) The California Department of Food and Agriculture (CDFA) has released its latest schedule for assault on the light brown apple moth (LBAM), adding specifics to its previous outline of the 2008 plan. As has been previously reported, public outcry against the aerial spraying of a pheromone mixture has been widespread, in spite of the state’s insistence on the necessity of such measures. As a result, two state senators are introducing measures to stop, or at least postpone, spraying until safety and efficacy can be assured. The latest schedule from CDFA identifies anticipated components to the eradication effort. For instance, twist-ties (carrying the moths’ pheromone) will be applied to trees beginning February 25, which will be used alone in areas of low infestation, and “to complement mating disruption treatments against heaviest populations.” They will remain in place until an area is free from moths for two life-cycles. “Pheromone male moth attractant treatment,” applied to utility poles and trees, both on public and private property, will occur in areas of mid-level infestation, measuring at least 3,000 male moths per square mile. These applications will begin in April, and in areas of heaviest infestation, will precede aerial spraying. […]

Reclaiming Our Healthy Future: Political change to protect the next generation, the 26th National Pesticide Forum, will be held March 14-16 at the University of California, Berkeley. This exciting environmental health conference is just about a month away, sign-up now to pay the pre-registration rate.Speakers, panels and workshops Many scientists, authors, community leaders and activists have been added to the Forum line-up, which already includes Arturo Rodriguez, Devra Davis and Tyrone Hayes. View the updated speaker list and schedule of events, which now includes a list of workshop topics. Bus tour of CA agriculture community Join the bus tour on Friday, March 14 to learn about the amazing efforts of activists from the San Joaquin Valley ­ the source of much of the state’s food for California, US and foreign markets. Tour begins at noon (meet at UC Berkeley Clark Kerr Conference Center). RSVP required. Travel and lodging We’ve found that inexpensive airfare is still available, but should be booked soon. Kayak seems to find good rates (round trip from Seattle $170; Chicago $285; New York & Washington, DC $300). Lodging in Berkeley is very tight the weekend of March 14-16. We recommend that you book your hotel now. A […]

(Beyond Pesticides, February 4, 2008) Following on the recommendation of a California Legislature-supported report in 2006, a new report (January 17, 2008) prepared by the University of California, Berkeley and UCLA, reinforces the earlier call for a statewide initiative to adopt comprehensive efforts to eliminate hazardous chemical use and reduce billions of dollars of associated costs from pollution and chemical-related diseases. The report, Green Chemistry: Cornerstone to a Sustainable California, calls on California to lead the nation in implementing a comprehensive approach to the management of chemicals and products.Policy recommendations include: (i) Passing new laws to remedy the insufficient data available on the toxicity of chemicals so California businesses, regulators and consumers can make informed choices about the products they use; (ii) Providing California agencies with a new legal framework to enable them to act when there are reasonable concerns about a product’s safety, even when complete hazard or tracking data are unavailable; and (iv) Investing in the design of chemicals, materials and manufacturing processes that are inherently safer for humans.Some of these recommendations echo the 2006 UC report to the California Legislature on green chemistry policy, which contributed to the introduction of new state legislation in 2007 to require […]

(Beyond Pesticides, January 25, 2008) Officials with the California Department of Food and Agriculture (CDFA) recently released their 2008 plan for eradicating the light brown apple moth from the Central Valley area of the state. In 2007, a state of emergency was declared to facilitate quicker action to control the moths, as CDFA reports that the infestation is spread throughout nine counties. The agency tried to disrupt the moths breeding patterns by spraying a pheremone, Checkmate LBAM-F, in several different rounds, but the problem remains. As a result, CDFA has a variety of strategies planned to wipe out the moths this year. “The primary way to eradicate this pest remains aerial spraying,” according to CDFA spokesman Steve Lyle. “The expectation is that the program will move forward with that in mind in 2008.” However, on January 22, officials said that spraying will be postponed until late spring or early summer, when a better product has been found. The United States Department of Agriculture (USDA) is currently conducting trials in New Zealand to determine which formulation is most effective against the moths. One of these forumulations would last longer than 30 days in the environment, allowing less frequent aerial applications in […]

(Beyond Pesticides, January 24, 2008) The first state bill on genetically engineered (GE) crops passed through its first committee in February, 2007, and the latest revision is scheduled for a hearing tomorrow, January 24. While AB 541 has been pared down considerably from its first and most progressive incarnation, it includes two very important measures to protect farmers whose crops are contaminated by nearby GE fields. The first provision states, “A farmer is not liable for the breach of a seed contract or for patent infringement if a product, in which the seed labeler, or patent holder or licensee, has rights, is possessed by the farmer or found on real property owned or occupied by the farmer and the presence of the product is de minimis or not intended by the farmer.” A frequent criticism of Monsanto and the company’s overwhelming market share of seed is its tendency to sue farmers who did not plant GE seed, but whose fields were contaminated by a neighbor’s GE variety. In a 2005 report by the Center for Food Safety, Executive Director Andrew Kimbrell said, “These lawsuits and settlements are nothing less than corporate extortion of American Farmers.” (See Daily News from January […]

(Beyond Pesticides, January 8, 2008) Reclaiming Our Healthy Future: Political change to protect the next generation, the 26th National Pesticide Forum, will be held March 14-16 at the University of California, Berkeley. Register now to pay the pre-registration rate. James Roberts, M.D., associate professor of pediatrics at the Medical University of South Carolina and co-author of Recognition and Management of Pesticide Poisonings, and Jim Riddle, outreach coordinator for the University of Minnesota Organic Ecology program, have recently been added to the program. Previously announced speakers include Arturo Rodriguez (UFW President), Devra Davis, Ph.D. (author and University of Pittsburgh professor of epidemiology) and Tyrone Hayes, Ph.D. (UC Berkeley professor of integrative biology). Also, actress Kaiulani Lee will perform A Sense of Wonder, her one-woman play based on the life and works of Rachel Carson. Session topics include: Children’s health and public policy; Farmworker justice, organizing and consumer action; Building just and healthy food systems; Power of local activism to influence political change; Pesticides and the secret history of the war on cancer; Skills training sessions; DDT and malaria; Global warming and biofuels; Biomonitoring and pesticide drift; Lawns and landscapes; Managing indoor environments; Water quality and much more. Jim Riddle is outreach […]

(Beyond Pesticides, December 11, 2007) Arturo Rodriguez (UFW President), Devra Davis, Ph.D. (author and University of Pittsburgh professor of epidemiology) and Tyrone Hayes, Ph.D. (UC Berkeley professor of integrative biology) will be speaking at the 2008 National Pesticide Forum. The conference, Reclaiming Our Healthy Future: Political change to protect the next generation, will be held March 14-16, 2008 at the University of California, Berkeley. A native of Texas, Arturo S. Rodriguez has worked tirelessly to continue the legacy of Cesar Chavez since taking over the helm of the United Farm Workers of America (UFW) upon the death of its legendary founder in 1993. Beyond winning fair contracts for its workers, the UFW continues to work to protect farmworkers from pesticides and other workplace hazards. Recent union victories are agreements with Gallo Vineyards Inc. and Coastal Berry Co., the largest winery and the largest strawberry employer in the U.S., as well as pacts protecting winery workers in Washington and mushroom workers in Florida. Devra Davis, Ph.D., a renowned environmental health expert, is professor of epidemiology at the University of Pittsburgh Graduate School of Public Health. Dr. Davis was designated a National Book Award Finalist for her book, When Smoke Ran Like […]

(Beyond Pesticides, December 4, 2007) On November 29, 2007, the California Department of Pesticide Regulation (DPR) reported 2006 pesticide use statistics that showed continued progress toward less pesticide use statewide. However, strawberry growers increased their reliance the highly toxic, ozone depleting fumigant methyl bromide. Overall statewide pesticide use declined by nearly six million pounds from 2005 to 2006 (from 195.3 million to 189.6 million). While use increased in landscape maintenance, public health and other categories, production agriculture saw a 10 million pound drop. Use of many high-toxicity chemicals, including carcinogens, neurotoxic pesticides and chemicals linked to reproductive effects dropped for the third consecutive year. “DPR works hard to promote least-toxic pest management, and our efforts are paying off,” said DPR director Mary-Ann Warmerdam. “At the same time, we will continue to strive for long-term success in pest management, and we have more work to do.” On the other hand, the Los Angeles Times reports that state strawberry growers, primarily around Oxnard and in the Salinas and Watsonville areas, applied fumigants to 5,000 more acres, using 132 more tons of the chemicals than in the previous year. That is a 9% increase in acreage treated and a 3% increase in tonnage. […]

(Beyond Pesticides, November 21, 2007) The US Environmental Protection Agency unveiled its final plan to clean up a former fertilizer and insecticide plant that leaked numerous pesticides from its storage facility in Arvin, California. Among the chemicals released were dinoseb, ethylene dibromide, as well as other fumigants that have since contaminated the soil and potentially the groundwater. Brown and Bryant, the company that manufactured and stored the chemical, was shut down 18 years ago. Since then residents have feared that the chemicals leaked would eventually get to the drinking water. The EPA confirmed that people who accidentally ingest or come into direct contact with contaminated groundwater or soil may be at risk. The plan for the site is three-fold. The first component is to relocate the nearest water well to another location yet to be determined. The second component is to design and implement a system of large water arbor wells to pump and treat contamination in the shallow groundwater that is contained below the site. The third component is to develop a monitored “natural attenuation” plan. This is the natural decomposition process of contaminants in the middle aquifer. Residents were hoping that the plan would also include the removal […]