(Beyond Pesticides, June 13, 2018) On June 6, 2018, the New York State Department of Environmental Conservation (NYSDEC) released its final policy for the disclosure of cleaning product ingredients under its Household Cleansing Product Information Disclosure Program. The program will require full disclosure of ingredients on product labels or manufacturer website for all products sold in the state, as well as the identification of chemicals of concern. NYSDEC states the program is intended to protect consumers from harmful chemicals in household products. The Household Cleansing Product Information Disclosure Program requires manufacturers of cleaning products sold in New York to disclose chemical ingredients and identify any ingredients that appear on authoritative lists of chemicals of concern on their websites. Companies must also provide a list of links to product’s ingredients to NYSDEC. New York states that it “will be the first state in the nation to require such disclosure and the State’s program goes beyond initiatives in other states by requiring the robust disclosure of byproducts and contaminants, as well as chemicals with the potential to trigger asthma in adults and children.” Products included in the program are cleaning products like soaps and detergents containing surfactants, emulsifying agents and used primarily […]

(Beyond Pesticides, June 1, 2018) States and civil society organizations launched new lawsuits in late May against the Pruitt Environmental Protection Agency (EPA) for its continued attack against farmworker health and safety. Two separate lawsuits, one filed by attorneys general in the states of California, Maryland, and New York, and another by health and justice advocates represented by Earthjustice and Farmworker Justice take aim at EPA’s decision to delay the implementation of training requirements designed to protect farmworkers and their families. This is the latest in a series of lawsuits which began when EPA announced it would delay the Certification of Pesticide Applicators Rule in May of last year. Under the Obama administration, EPA released new rules updating farmworker protections after over 20 years of inaction. These rules are important because unlike your average American worker, farmworkers do not have protections under the Occupational Safety and Health Administration (OSHA). At its introduction, the new standards raised the age to apply toxic pesticides to 18, and improved the frequency and quality of training materials farmworkers are provided, among a number of other positive changes. After EPA announced it would be delaying the implementation of these changes, and reviewing the age requirement, […]

(Beyond Pesticides, May 24, 2018) California’s Department of Pesticide Regulation (DPR) is falling short of protecting vulnerable communities in the state, especially low-income and communities of color. This, according to a new report by California Environmental Justice Alliance (CEJA), which assesses state agencies on eight environmental justice principles. The poor showing by DPR comes at the forefront of reports that the state’s pesticide use has increased, nearing record highs. The findings are from California Environmental Justice Alliance’s (CEJA) 2017 Environmental Justice Agency Assessment, which provides full assessments of nine key agencies in the state including, California Air Resources Board, Department of Pesticide Regulation, and the Department of Toxic Substances Control, and lists an additional six agencies to monitor. The assessment gave the California Department of Pesticide Regulation (DPR) poor grades for its persistent failure to prioritize community health over industry profits. The agencies were judged on eight environmental justice principles, with a score of good, fair or poor for each. DPR’s scores were evenly divided between “fair” and “poor.” Specifically, the report concludes, “Many state agencies are not successfully integrating [environmental justice] into their decision-making. Overall, many state agencies still make decisions that actively harm [environmental justice] communities and fail to […]

(Beyond Pesticides, May 23, 2018) Earlier this month, the Connecticut state legislature voted to ban the use of residential pesticide misting systems. (These are devices that are typically placed outdoors and spray insecticides –mostly in an attempt to control mosquitoes.) This is the latest move from a state legislature that has also recently banned the use of bee-toxic neonicotinoids and stopped the use of hazardous lawn care pesticides on public playgrounds. The vote was unanimous in the state Senate, and won by a count of 132-17 in the state House. The bill is set to become law on May 24, unless Governor Malloy vetoes the legislation, which is not expected. Pesticide misters are machines primarily used to spray mosquito adulticides. Many health advocates have expressed concern that these products, able to spray toxic pesticides on a timer at regular intervals, pose a significant risk to pets and children who can be directly in the path of a mister’s spray. The chemicals employed in these machines are often synthetic pyrethroids, which have been linked to a range of human health effects, from early puberty in boys, to behavioral disorders, learning problems, ADHD, and certain cancers. Neighbors who do not want to be […]

(Beyond Pesticides, May 22, 2018)  A staggering 209 million pounds of pesticides were used in California in 2016, according to the latest data released by the Department of Pesticide Regulation (DPR). This figure refers only to applied “active” pesticide ingredients and not “inerts,” which often account for 80 to 99 percent of pesticide products and can be equally hazardous to human health and the environment. Even though pesticide use in the state has dropped by 1.4 percent from the previous year, pesticide use in 2016 was still the third highest in recorded history, since the inception of DPR’s comprehensive data collection program in 1990. In fact, the total pesticide use was only six million pounds shy of the highest amount ever recorded – 215 million pounds in 1998. The land area treated with carcinogens is as large as the size of New Jersey and Connecticut combined. Nearly 102 million cumulative acres of land were treated with pesticides in the state, ranging in toxicity from low to high risk. Each time an acre is pesticide-treated in a given year, DPR adds the acre to its cumulative list, even if the treatment is repeated on the same land. The 2016 figure represents an […]

(Beyond Pesticides, May 6, 2018) The Washington State Department of Ecology (Ecology) temporarily denied a permit to spray Willapa Bay and Grays Harbor with the toxic neonicotinoid insecticide imidacloprid. Your comments helped achieve the temporary decision and comments are now needed again to make the denial permanent. The public comment period closes on May 14, 2018. Willapa Bay and Grays Harbor, with a number of unique ecosystems, and among the most pristine estuaries in the U.S., have been targeted with a plan to spray the toxic neonicotinoid insecticide imidacloprid to kill the native burrowing shrimp in beds of commercial Japanese oysters. This insecticide use will have deadly effects on keystone aquatic organisms. Based on a Supplemental Environmental Impact Statement (SEIS) and public input, Ecology temporarily denied the permit. Tell Ecology to restore the bays instead of spraying them! Ecology bases its decision on these factors: Too great an impact on the marine organisms that live in the sediments where the pesticide application is proposed. Too much uncertainty about the long-term impacts associated with this pesticide. Negative impacts on fish and birds caused by killing sources of food and disrupting the food web. Even at low concentrations, imidacloprid has significant impacts […]

(Beyond Pesticides, May 3, 2018) Hawaii’s bill to ban the dangerous, neurotoxic pesticide, chlorpyrifos, passed its final hurdle this week in the state legislature. Governor David Ige is expected to readily sign SB3095 into law, in light of the unanimous support it received from lawmakers on both sides of the aisle. The statewide prohibition of chlorpyrifos will take effect beginning in January 2019. This legislative action marks the first time that any state in the country has passed an outright ban on the highly toxic organophosphate pesticide. While multiple scientific studies have determined that chlorpyrifos damages fetal brains and produces cognitive and behavioral dysfunctions, particularly in utero and in children, states have been slow to institute a complete prohibition, due to its widespread use in agriculture. Lawmakers in New Jersey and Maryland have recently tried unsuccessfully to pass similar bans. Hawaii’s bill contains a caveat that allows the state’s Department of Agriculture (DOA) to grant special permits for companies that argue that they need more time to phase-out chlorpyrifos, but that exemption will end at the close of 2022. The new law also requires restricted use pesticide (RUP) users to report to the Hawaii’s DOA which ones they are applying on […]

(Beyond Pesticides, April, 24, 2018) On April 19, 2018, an Appellate Court in California sided with the State of California, affirming that Monsanto’s glyphosate can be listed as a probable carcinogen under the state’s Proposition 65 and rejecting Monsanto’s challenge to law. The state will not only move ahead with warning labels on products that contain glyphosate but also prohibit discharge of the pesticide into public waterways. Monsanto’s lawsuit challenged the 2015 decision by California’s Office of Environmental Health Hazard Assessment (OEHHA) to list glyphosate, the active ingredient in Monsanto’s herbicide, Roundup, under California’s Proposition 65. Proposition 65 requires notification and labeling of all chemicals known to cause cancer, birth defects or other reproductive harm, and prohibits their discharge into drinking waters of the state. In 2015, the International Agency for Research on Cancer (IARC) of the World Health Organization (WHO) concluded that glyphosate is “probably carcinogenic.”  Under the Labor Code listing mechanism of Proposition 65, substances identified by IARC must be listed in the state of California as known to cause cancer. This listing requires warning labels on products and the listed substances are subject to limits on discharges into surface waters. California added glyphosate to the list of cancer-causing chemicals in July […]

(Beyond Pesticides, April 13, 2018) Hawaii is poised to become the first state in the nation to prohibit the use of pesticides containing the developmental neurotoxicant, chlorpyrifos. SB3095, passed unanimously by the State House of Representatives this week, prohibits the application of restricted use pesticides (RUPs) within 100 feet of schools when they are in session, and it requires commercial agricultural entities to regularly report their RUP use to the Department of Agriculture (DOA). In the absence of adequate federal procedures to protect communities from hazardous pesticide drift, this bill represents the culmination of efforts by the people of Hawaii to ban and restrict the most egregious pesticides and to increase the transparency regarding their use. As bill supporters rallied in the Capitol’s Rotunda this week, SB3095 was sent to the Senate. No date has yet been set for its consideration, but Senators who support the bill hope to secure the 13 votes needed to pass it and avoid further weakening of its provisions. Beyond Pesticides has actively supported this and previous iterations of SB3095, arguing for the establishment of a much more protective one mile buffer zone between schools and RUP applications to safeguard school children where they learn. […]

(Beyond Pesticides, April 11, 2018) The request by shellfish growers in Washington State to apply the neonicotinoid insecticide, imidacloprid, on oyster and clams beds to control native burrowing shrimp was denied by the Department of Ecology (Ecology) after it determined “environmental harm from this neonicotinoid pesticide would be too great.” Concerned resident and environmental advocates have been opposed to the proposed use citing harms to aquatic life including fish habitat, and long-term ecological damage. Shellfish growers from Willapa-Grays Harbor Oyster Growers Association requested a permit from the state to use the imidacloprid on burrowing shrimp that the growers said impede traditional shellfish cultivation. They sought a state National Pollution Discharge Elimination System (NPDES) permit to apply imidacloprid to 500 acres of shellfish beds within Willapa Bay and Grays Harbor, over a period of five years. The growers first applied for a permit in 2015 to treat 2,000 acres of tidelands, but after a strong public outcry, they withdrew the request. In 2016, they applied for a new permit to treat less acreage and Ecology published a draft Supplemental Environmental Impact Statement (SEIS) in 2017 on the potential impacts imidacloprid application would have to the bay. Now, Ecology, after thoroughly evaluating […]

(Beyond Pesticides, April 5, 2018) An industry-backed attempt to enact pesticide preemption in the state of Maine is officially over after bill LD 1853 was voted down by a 9-2 margin earlier this week.  The bill, introduced by state Senator Tom Saviello (R-Wilton), resembled a similar bill that failed in the same legislative committee last spring. With an ever increasing number of communities in Maine stepping up to protect their residents and unique local environment from pesticide contamination, the repeated introduction of preemption legislation means that health advocates and forward-thinking communities must continue to remain vigilant, and ready to fight to maintain their right to home rule. LD 1853 would have taken away the rights of Maine municipalities to enact policies which wholly apply to private property. “I thought if there was a bill that would come back before us again it would be different,” said state Representative Richard Pickett (R-Dixfield) to the Portland Press Herald. “But we virtually had almost a duplicate bill and that troubled me.” While last year’s failed legislation was modeled almost word for word from the notorious industry lobby group the American Legislative Exchange Council (ALEC), the changes in the new bill were superficial, and […]

(Beyond Pesticides, April 4, 2018) In late March, the Missouri Department of Agriculture hosted a public hearing to discuss a proposed emergency rule restricting the sale and use of the herbicides dicamba and 2,4-D – which are known for their ability to drift off-site and damage sensitive crops. The emergency rule was introduced to prevent off-label use of specific dicamba or 2,4-D products. Thus far, dicamba is responsible for damaging approximately 325,000 acres of soybeans in the state last year. The proposed rule will stop sales of the herbicides dicamba and 2,4-D between April 15 and October 1 in Missouri. The department’s goal is to prevent off-label pesticides from drifting onto neighboring property and damaging other crops. According to the department, if it chooses to pursue an emergency rule, it could become effective as soon as April 1, 2018, and expire 180 days later. The rule also requires registrants to provide a sales record by April 30 for each pesticide sold between October 1 and April 15. A proposed rule will be filed at the same time as an emergency rule to initiate the formal rulemaking process. The draft rule language reads as follows: Pesticides that meet the conditions of this section are […]

(Beyond Pesticides, March 15, 2018) On Tuesday, a group of 56 scientists studying the effects of neonicotinoids sent a letter to California’s Department of Pesticide Regulation (CDPR) highlighting the threat neonicotinoids pose to the health of California’s waterways. The scientists urge CDPR to take steps to reduce neonicotinoid contamination of the state’s streams and rivers. This comes as neonicotinoids were recently reported to be pervasive throughout the Great Lakes, and federal assessments confirm high risks to aquatic species. According to the letter, neonicotinoids are already found in California waterways at levels that exceed the freshwater invertebrate aquatic life benchmarks and could harm or kill many sensitive aquatic invertebrate species. Citing a 2016 study by the Xerces Society that found imidacloprid frequently in California’s rivers and streams at levels harmful to species such as mayflies and caddisflies. Imidacloprid samples in California from 2010-2015 showed that 42% (197 of 468) of detections exceeded the acute invertebrate benchmark and all of the detections exceeded the chronic invertebrate benchmark. In certain regions of the state, particularly agricultural areas, the imidacloprid benchmark for acute effects was more frequently exceeded. The scientists note these chemicals can “have consequences for broader ecosystems. Declines in aquatic invertebrates put other species […]

(Beyond Pesticides, March 6, 2018) Dover, New Hampshire is the latest community in the U.S. to restrict the use of toxic pesticides, and move towards organic land management on all public property. By a unanimous vote of the City Council last week, Dover passed a resolution that requires the management of city land with “sound land management practices, and the use of least toxic compounds only when necessary,  . . .  thereby eliminating exposure to toxic pesticides on the part of our citizens and the environment.” The ordinance also instructs the city manager to “develop and execute a plan to transition the City to eliminate the use of synthetic fertilizers on City property.” The resolution was spearheaded by Non Toxic Dover, a group of local advocates that engaged the city government on this issue for several years. “We are so grateful to the City of Dover NH for voting unanimously to take this important step to protect public health and our Great Bay estuary,” said Diana Carpinone, founder of Non Toxic Dover and lead advocate in the city for the new resolution. Ms. Carpinone said: “Thank you to the council and especially Councilor Shanhan for sponsoring the resolution. We look forward […]

(Beyond Pesticides, March 5, 2018) Even if you don’t live in California, chances are that you eat food that is grown there. Unless all that food is organic, some of it was probably sprayed with chlorpyrifos, exposing not only you, but also the farmworkers responsible for its cultivation and harvest. Farmworker families –especially children—who usually live close to the treated fields, suffer higher impacts than those living further away. Tell Governor Brown to ban chlorpyrifos now, for the sake of the children. Five months after the California Department of Pesticide Regulation (DPR) issued its weak and inadequate draft risk assessment for the brain-harming pesticide chlorpyrifos, the state’s Scientific Review Panel (SRP) ordered DPR back to the drawing board to produce a much stronger draft that properly considers the risk of harm to the developing brain. In view of EPA’s retraction of its proposal to revoke food residue tolerances of the highly neurotoxic insecticide chlorpyrifos, despite its own assessment that the chemical is too toxic to children, it is especially important that California take action to ban the chemical. California, the home of the largest agriculture industry in the country, used over one million pounds of chlorpyrifos on over a million acres […]

(Beyond Pesticides, March 2, 2018) California’s Department of Food and Agriculture (CDFA) can no longer use toxic pesticides in accordance with its Statewide Plant Pest Prevention and Management Program, due to a Superior Court-ordered injunction issued last week. This action came in response to a lawsuit filed by the City of Berkeley and 11 public health, environmental, conservation, citizen and food safety groups, which argued that CDFA has failed in its duty to protect human health, the environment and the state’s organic agriculture. CDFA’s lack of compliance with California’s Environmental Quality Act (CEQA) resulted in the court’s suspension of “all chemical activities undertaken…to control or eradicate pests,” “unless and until” the agency corrects violations. The injunction follows a January 8 court ruling annulling CDFA’s Program Environmental Impact Report (PEIR), due to numerous state environmental law violations. Under CEQA, agencies must produce an Environmental Impact Report (EIR –the California state equivalent of an EIS) for any project with potentially significant environmental impacts. Unlike the National Environmental Policy Act (NEPA), it also requires the state to prevent or mitigate negative impacts. Agencies may avoid conducting an EIR for each action by conducting a programmatic EIR (PEIR) for its program. In its outline of […]

(Beyond Pesticides, February 23, 2018) Agrichemical corporation Monsanto has lost its bid to halt a statewide ban on the use of its specialty dicamba herbicide in Arkansas. Despite a lengthy process of evaluation and public comment that led to a prohibition on the use of drift-prone dicamba herbicides during the growing season on Arkansas farms, Monsanto made one last-ditch attempt to stop the law from going into effect by suing the entire state. With the industry’s loss, Arkansas is on track to implement the toughest restrictions against dicamba in the U.S. State Circuit Court Judge Chris Piazza dismissed the lawsuit last week based on a recent Arkansas Supreme Court ruling, which held that the state cannot be made a defendant in court. Monsanto’s lawsuit argued against the makeup of the state’s Plant Board, which voted to prohibit the company’s product last November. Monsanto also made claims that the state did not consider the economic damage a ban on the herbicide would cause, despite not seeking monetary restitution in court. Beyond Pesticides led a nationwide campaign to urge action by the Arkansas Plant Board to ban dicamba. Dicamba is an herbicide originally registered for use in 1967 to control broadleaf weeds. […]

(Beyond Pesticides, February 9, 2018) Attorneys General in eleven states join Monsanto and the National Wheat Growers Association last month in challenging California’s listing of glyphosate as a carcinogen under the state’s Proposition 65 law. California added glyphosate to the list of cancer-causing chemicals in July 2017, but has since been attacked by Monsanto and its allies for carrying out state law that requires carcinogens to be labeled and monitored. The plaintiffs, led by the National Association of Wheat Growers, argue that listing glyphosate as a carcinogen under Prop 65 will irreparably harm the agriculture industry, adversely affecting farmers and consumers throughout the U.S. The case, seeking a stay of the listing, was filed in the in Federal Court in the Eastern District of California in November, 2017. Earlier last year, Monsanto lost its case before a state Superior Court in which it sought to stay the Prop 65 listing. Idaho, Indiana, Iowa, Kansas, Louisiana, Michigan, Missouri, North Dakota, Oklahoma, South Dakota and Wisconsin have filed an amicus brief in support of the preliminary injunction sought by agriculture groups against California’s Prop 65 regulation. The U.S. Chamber of Commerce and the California Chamber of Commerce filed their own amicus brief in support of […]

(Beyond Pesticides, January 11, 2018) A California court has halted a state program allowing pesticide spraying at schools, organic farms, and backyards across California because of inadequate public disclosure of the chemicals’ adverse effects. The California Department of Food and Agriculture’s (CDFA) statewide “pest management” program required no site-specific analysis of risks before the application of 79 pesticides, including some known to cause cancer and birth defects and to be highly toxic to bees, butterflies, fish and birds. Relating to the broad application of pesticide use allowances under the state’s required Program Environmental Impact Report (PEIR), issues of concern in the case included: i) a failure to conduct site-specific environmental impact asssessment, while allowing the “substantially similar” uses without environmental review; (ii) broad application of a PEIR to subsequent activities without a Notice of Determination ; (iii) includes an inadequate project description; (iv) a failure to adequately describe the baseline environmental conditions; (v) a failure to adequately analyze the Project’s environmental impacts (including biological, water, human health, and farming impacts); (vi) a failure to adequately analyze cumulative impacts; (vii) legally inadequate mitigation measures; (vii) a failure to consider a reasonable range of alternatives; and (viii) a failure comply with public agency consultation […]

(Beyond Pesticides, January 10, 2018) At the end of 2017, the City of Carlsbad, CA voted unanimously to adopt a policy prioritizing the use of organic and defined “least-toxic” pesticides to manage pest problems on city-owned and controlled property and public rights-of-way. Buoyed by a strong and growing coalition of  Non Toxic advocates fighting for a healthier environment for their children, pets, and wildlife, Carlsbad is the newest in a string of southern California communities that are implementing safer pest control practices. In recognition of the significant progress and activity in southern California communities, Beyond Pesticides’ 36th National Pesticide Forum, Organic Neighborhoods: For healthy children, families, and ecology, will take place in Irvine, CA from April 13-14, 2018 (stay tuned to Beyond Pesticides’ website for additional updates!). Carlsbad’s new policy is, in fact, an update of an Integrated Pest Management plan the City last reviewed in 2003. While its previous policy only addressed City parks, the new plan will include all City maintained or operated land and facilities. The policy also takes a much tougher approach against toxic pesticides, prioritizing the use of organic products first and foremost when pest problems arise. Importantly, the policy also places pesticides last on the list […]

(Beyond Pesticides, January 8, 2018)  With a long-documented history of children’s exposure to pesticides that drift from agricultural fields to school yards, California’s new regulations establishing no-spray buffers took effort January 1, as labor and public health groups acknowledged the progress and inadequacy of the measure. The new rule, DPR 16-004 Pesticide Use Near Schoolsites, adopted by the California Department of Pesticide Regulation (DPR), prohibits many pesticide applications within a quarter mile of public K-12 schools and licensed child day-care facilities during school hours, Monday through Friday between 6 a.m. and 6 p.m. This includes all applications by aircraft, sprinklers, air-blast sprayers, and all fumigant applications. In addition, most dust and powder pesticide applications, such as sulfur, will also be prohibited during this time. The new rule was announced in November, 2017. Advocates say the new rules fail to address persistent low-level exposures associated with the use of the pesticides near schools, which are in agricultural areas that are disproportionately Latino and from farmworker families. There is continuing concern about children’s exposure to hazardous pesticides because children use school grounds after school hours and on weekends and residues from drift may remain on school grounds. Many pesticides used are persistent and systemic, lingering […]

(Beyond Pesticides, December 12, 2017) According to a Reuters story, agrichemical company Monsanto plans to offer farmers a cash incentive to use its highly toxic and drift-prone dicamba-based herbicide next season, despite links to widespread crop damage that has pitted neighbor against neighbor in agricultural communities throughout the country. The move comes as more and more states enact or consider restrictions on use of the herbicide, which is intended to be paired with genetically engineered (GE) soybean seeds resistant to both dicamba and another controversial herbicide produced by Monsanto, glyphosate. Monsanto plans to provide farmers more than half of the cost of herbicide per acre as an incentive to plant its GE seeds. However, given the range of new regulations surrounding the products, as well as the social stigma around its use, it remains to be seen whether the offer will sway farmers. Dicamba has stirred up fights between neighbors in a number of agricultural communities. Bader Farms, which grows over 110,00 peach trees on over 1,000 acres in Missouri, is suing Monsanto after its insurance company issued a refusal to pay for damages caused by dicamba drift from surrounding farms. In June of this year, University of Arkansas’ agricultural […]

(Beyond Pesticides, December 4, 2017) You told the Arkansas Plant Board to exercise its authority to protect farmers, consumers, and the environment from use of the herbicide dicamba on genetically engineered (GE) soybeans, and the board listened. Now, we need to ask the board to stop the use of 2,4-D on GE cotton. The action of states is critical as the federal government ignores basic safety concerns. Action in Arkansas will influence other states. Tell the Arkansas Plant Board to adopt the proposed rule and to prohibit use of 2,4-D on cotton! The decision concerning 2,4-D use on herbicide-tolerant cotton goes to the Arkansas Plant Board on December 12. The choice has many similarities to the decision to allow — and then prohibit — the use of dicamba on herbicide-tolerant soybean varieties. Both 2,4-D and dicamba are phenoxy herbicides — 2,4-D being the infamous ingredient (along with 2,4,5-T) of Agent Orange. Our voices were heard when the Arkansas Plant Board considered dicamba, so please weigh in on 2,4-D. At this December 12 meeting, the Arkansas Plant Board is holding a hearing on a proposed regulation that would allow the Board to request more information from pesticide registrants, which could support restrictions based on conditions within Arkansas. The […]