(Beyond Pesticides, June 12, 2013) A three-judge panel  of the Court of Appeals for the Federal Circuit ruled Monday that a group of organic and otherwise non-GE farmer and seed company plaintiffs are not entitled to bring a lawsuit to protect themselves from Monsanto’s transgenic seed patents after Monsanto made binding assurances that it will not take legal action against growers whose crops might inadvertently be contaminated with traces of Monsanto biotech genes. Organic farmers and others have worried for years that they will be sued by Monsanto for patent infringement if their crops get contaminated with Monsanto genetically engineered (GE) material from GE crops. Organic and non-GE farms get contaminated when pollen or seed migrate from neighboring GE farms. Even though wind or insect transfer of pollen is a natural process, Monsanto has been suing farmers for infringing on their patents if contamination is found on their farms. Monsanto’s history of aggressive investigations and lawsuits brought against farmers is a major source of concern for organic and non-GE agricultural producers since Monsanto’s first lawsuit brought against a farmer in the mid-”˜90s. As of 2012, Monsanto has filed 142 alleged seed patent infringement lawsuits involving 410 farmers and 56 small […]

(Beyond Pesticides, June 11, 2013) Several different lawsuits have been filed against the agrichemical giant Monsanto after the recent discovery of illegal Genetically Engineered (GE) glyphosate-resistant wheat plants  in an Oregon wheat field. The GE wheat was first found in early May when field workers in eastern Oregon noticed a volunteer patch of wheat that survived a dousing with glyphosate. Ernst Barnes, a Kansas wheat farmer, brought the first lawsuit against Monsanto. Soon after, a separate lawsuit was filed by the Center for Food Safety on behalf of Pacific Northwest wheat farmers. The lawsuits allege that the presence of GE wheat crops spurred top wheat importers, such as Japan, South Korea, and the European Union, to enact damaging restrictions on American wheat. These restrictions could lead to lower wheat imports and will cause devastating economic effects to wheat farmers. While the world’s largest wheat importer, Egypt, has not signaled it would stop importing U.S. wheat, Japan has cancelled its order to buy U.S. western white wheat. Meanwhile, the European Union has prepared to begin testing shipments for the Roundup Ready gene. In 2012, U.S. exported wheat was valued at $18.1 billion, with 90% of Oregon’s wheat sent abroad. Since 1994, […]

(June 10, 2013, Beyond Pesticides) The Washington State Department of Agriculture (WSDA) on June 6 rejected a petition by Thurston County Commissioners to restrict sale, use and application of neonicotinoid insecticides. On April 8, 2013, the Commissioners requested the action by WSDA because of concerns about the effect of neonicotinoid insecticides on honey bee colony health. The Commissioners were acting on “substantial bee colony loss in 2012” reported by the Olympia Beekeepers Association. In its request, the Commissioners asked the state to implement a “restriction on the purchase, sale, distribution and application of the neonicotinoid class of insecticides for ornamental use to persons or entities with a valid WSDA pesticide applicator license” and indicated that “immediate action on a local level is appropriate and necessary.” Beyond Pesticides wrote a letter of support in favor of the petition. Neonicotinoids are a relatively new class of insecticides that share a common mode of action that affect the central nervous system of insects, resulting in paralysis and death. They include imidacloprid, acetamiprid, clothianidin, dinotefuran, nithiazine, thiacloprid and thiamethoxam. According to the EPA, uncertainties have been identified since their initial registration regarding the potential environmental fate and effects of neonicotinoid pesticides, particularly as they […]

(Beyond Pesticides, June 6, 2013) Last week Wal-Mart Stores, Inc. plead guilty in cases filed by federal prosecutors in Los Angeles and San Francisco to six counts of violating the Clean Water Act by illegally handling and disposing of hazardous materials at its retail stores across the United States, including pouring pesticides down the drain. The Bentonville, Ark.-based company also plead guilty in Kansas City, MO to violating the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) by failing to properly handle pesticides that had been returned by customers at its stores across the country. As a result of the three criminal cases brought by the Justice Department,  and the  related civil case filed by the U.S. Environmental Protection Agency (EPA), Wal-Mart will pay approximately $81.6 million for its unlawful conduct. Coupled with previous actions brought by the states of California and Missouri for the same conduct, Wal-Mart will pay a combined total of more than $110 million to resolve cases alleging violations of federal and state environmental laws. According to the Kansas City Star, the company stated that the fines and penalties would “not be material to its financial position.” “By improperly handling hazardous waste, pesticides and other materials in […]

(Beyond Pesticides, June 5, 2013) Connecticut passed a bill on Monday that requires food manufacturers to label products that contain genetically engineered (GE) ingredient, but only  if other states do the same. This means people in Connecticut and other parts of the country will still have to wait to see GE labeling on their food. On Monday, the state House of Representatives passed an amended version of a labeling bill that the state Senate approved two weeks ago, and Gov. Dannel Malloy has said he will sign it. House Bill 6527 — An Act Concerning Genetically-Engineered Food, will require producers to label genetically engineered food in Connecticut. The bipartisan bill passed unanimously in the Senate and 134-to-3 in the House. The bill will go into effect when, “Four states, not including this state, enact a mandatory labeling law for genetically-engineered foods that is consistent with the provisions of this subsection, provided one such state borders Connecticut; and (2) the aggregate population of such states located in the northeast region of the United States that have enacted a mandatory labeling law for genetically-engineered foods that is consistent with this subsection exceed twenty million based on 2010 census figures.” Connecticut will now […]

(Beyond Pesticides, May 31, 2013) The U.S. Department of Agriculture (USDA) announced that unapproved genetically engineered (GE) wheat was found growing in an Oregon wheat field. The discovery has implications for U.S. trade as Japan has already indicated it would stop purchasing U.S. wheat exports. According to USDA officials, an Oregon farmer sprayed his wheat field, intending it to lay fallow for the next year. Despite multiple sprays of RoundUp, the farmer found so-called “volunteer” crops unexpectedly persisted, just as GE crops are engineered to do. The discovery prompted him to send samples to Carol Mallery Smith, scientist at Oregon State University, who determined that the crops were infused with the RoundUp Ready gene. USDA confirmed the results but officials have declined to comment on how the seeds ended up in this farmer’s field to begin with considering Monsanto has not conducted field trials in Oregon since 2001 when it reportedly withdrew from the state. Since 1994, Monsanto has conducted 279 field trials of RoundUp Ready wheat over more than 4,000 acres of land in 16 states. Tests have been conducted in Arizona, California, Colorado, Florida, Hawaii, Idaho, Illinois, Kansas, Minnesota, Montana, Nebraska, North Dakota, Oregon, South Dakota, Washington, and […]

(Beyond Pesticides, May 28, 2013) A recent report by the Oregon Health Authority (OHA) found that residents that live in the Highway 36 corridor of Western Oregon were exposed to toxic pesticides in the spring and fall of 2011. OHA collected urine and environmental samples in August and September of 2011 and found levels of 2,4-D and atrazine in residents’ urine. 2,4-D and atrazine have been detected in residents’ urine previously after they had sent samples to be analyzed by Emory University in 2011. Residents continue to argue that herbicides being aerially sprayed on private forests are drifting on their land and causing dangerous levels of exposure. Even though this report by OHA has been delayed several times, it still contains serious data gaps. According to the report, “The urine samples tested had levels of 2,4-D higher than the general U.S. population.” Though the report found that urine samples also had detectable levels of atrazine, there are no national reference values for atrazine available for the general population, so the study could not conclude that the levels of atrazine exposure were higher than the national average. The report also found other pesticide residues in the environmental samples besides 2,4-D and […]

(Beyond Pesticides, May 17, 2013) California’s Department of Pesticide Regulation (DPR) have proposed restrictions on the use of chloropicrin, a fumigant commonly applied to strawberries, peppers, tomatoes, raspberries, and blackberries. The proposed rule would not only increase buffer zones around application sites, but also restrict application acreage, impose notification requirements, enhance emergency preparedness requirements, and prolong the time that chloropicrin-applied fields must remain covered. Public comments will be accepted until July 31. The move is in response to recent data released by the California DPR, which indicates pesticide use in California has risen, causing 1,015 cases of illness between 1992 and 2007 for chloropicrin exposure alone. In total, more than 173 million pounds of pesticides were reported applied statewide, an increase of nearly 15 million pounds —or 9.5 percent— from 2009. For chloropicrin, injuries ranged from eye or respiratory problems to skin irritation, rashes, and burns. Additional evidence from a 2010 report released by the Pesticide Action Network of North American and local community members of Sisquoc, California, reveals that chloropicrin contaminated half of the 57 air samples collected, with average levels of exposure over the 19-day period at 23 to 151 times higher than acceptable cancer risks. Fumigant pesticides, […]

(Beyond Pesticides, May 15, 2013) Recent public outcry over atrazine contamination of drinking water supplies on Long Island has pressured pesticide, herbicide, and fungicide manufacturer Makhteshim Agan of North America (MANA) to restrict the sale, use, and distribution of the toxic chemical. The move has been lauded by environmental advocacy groups, including Citizens Campaign for the Environment (CCE). “Atrazine is a dangerous chemical that poses an unacceptable risk to public health and the environment on Long Island,” said Adrienne Esposito, CCE Executive Director. “Removing this product from the shelves is an essential first step in protecting Long Island drinking water from unnecessary pesticide contamination. We are delighted by this news.” Unfortunately, stores will continue to sell its atrazine inventory until MANA implements the anticipated restriction date of spring of 2014. Atrazine is one of the most commonly used herbicides in the world and is used on most corn, sugarcane and sorghum acreage in the United States; and can also be used on golf courses and residential lawns. In the U.S. alone, 60-80 million pounds are used per year to stop pre- and post-emergent broadleaf and annual grassy weeds, and is generally applied in the spring. The herbicide is a common […]

(Beyond Pesticides, May 13, 2013) According to preliminary results of a survey by the Bee Informed Partnership, 31.1 percent of managed honey bee colonies in the U.S. were lost during the 2012/2013 winter.   Though these preliminary loss reports are similar to the past six year average of 30.5 percent, the new loss numbers represent a 42 percent increase compared to the previous winter. Survey participants indicate that they consider a loss rate of 15 percent as “acceptable,” but 70 percent of participants suffered losses greater than this. With continued winter bee losses of over 30%, and concern whether there will be enough bees to pollinate U.S. crops this year, beekeepers and environmentalists say it is imperative  that regulators act by banning the neonicotiniod pesticides that have been implicated in the global decline of honey bee populations. In addition to this national report, several state level incidents of large scale honey bee colony losses have been reported. In a recent incident in Florida, citrus groves experienced an acute foliar poisoning that resulted in severely damaged colonies. Oranges had an early bloom this year, and were still blooming near the end of April. One beekeeper’s colonies suffered immense losses due to […]

(Beyond Pesticides, April 26, 2013) Female agricultural workers experience the same hardships as their male counterparts, but have additional responsibilities and danger at home and in the field, according to a report released by the Association of Farmworker Opportunity Programs (AFOP). While women make up only 22 percent of agricultural labor in the U.S., AFOP makes a strong argument that women face disproportionate burdens, while at the same time earning less for their labor: On average they earn  just over $11,000 per year compared to male agricultural workers who earn $16,000. Through hundreds of interviews and focus groups of female farmworkers in California and Florida, AFOP revealed some of the most dangerous  conditions associated with farm work, among the worst being pesticide exposure. Carmela, a farmworker from Florida, indicated in the AFOP report that, “More than anything else, we have problems with pesticides. Sometimes they put us to work right after they’ve sprayed the pesticides. And this is bad for us because when we go in the field and start working with the plants, it gets in our eyes. It makes your head hurt too.” According to the EPA’s “Pesticide Industry Sales and Usage: 2000 and 2001 Market Estimates,” female […]

(Beyond Pesticides, April, 23, 2013) A report released by the Surface Water Ambient Montioring Program (SWAP) has found in California that “detection of pyrethroid pesticides in sediment increased from 55 percent of the statewide samples in 2008 to 85 percent in 2010.” The findings are among the results of the Stream Pollution Treads, or SPoT, monitoring program, an annual assessment of pollution in streams in California. The report also found that stream beds in urban areas have higher levels of pyrethroids that those in agricultural areas. The SWAP report summarizes results of the 2009 and 2010 annual surveys and compares those results to the 2008 SPoT data. Beyond the 30 percent increase of pyerthriods detected in sediment, the percentage of highly toxic samples increased from 6 percent to 67 percent when toxicity tests were conducted at a colder temperature that more closely matched the normal surface water temperature in average watersheds. These results, according to the report, “suggest that current monitoring may underestimate the occurrence of parathyroid-associated toxicity using the standard protocol.”   The report also acknowledges that some pyrethroids, such as bifenthrin, may persist longer than others, and the chronic impacts of these pesticides may be underestimated by some […]

(Beyond Pesticides, April 19, 2013) The Minnesota Department of Agriculture (MDA) is encouraging farmers to use a new mapping system in order to protect organic crops from pesticide drift, though few legal protections exist to actually stop drift from contaminating organic farmers’ fields. The system, DriftWatch, is meant to facilitate communication between growers and pesticide applicators by helping farmers identify locations of sensitive crops and pastures using Google Maps. Commercial fertilizer and pesticide applicators can then check the database to see where organic land and other sensitive crops/forages are in order to avoid applying chemicals in the vicinity of these crops. Though the aims registry project are to promote awareness and stewardship activities to help prevent and manage drift effects from spray operations, as a voluntary program it does not provide much incentive for pesticide applicators to actually cut back on pesticide use. Furthermore, the Minnesota Supreme Court reversed a ruling last summer that initially considered pesticide drift from an adjacent property onto an organic farm a trespassing violation. While organic farmers may still seek relief from crops damaged by pesticide drift, the burden of proof required makes it  more difficult to take these cases to trial, thus making it […]

(Beyond Pesticides, April 18, 2013) With hotter and more frequent extreme weather events, scientists say harmful algal blooms caused by pesticides and fertilizer inputs will strike more often in water bodies like Lake Erie, to the detriment of aquatic life and surrounding wildlife. All trends, show that the conditions that caused Lake Erie’s 2011 algal blooms will continue recurring. The algal blooms, which cause bright green scum that completely covers the Western part of Lake Erie, occurs from mid-July to October, in part because of farming practices surrounding the Lake and in part due to climate change. Ecologist Thomas Bridgeman, Ph.D.  at the University of Toledo contributed to these findings in this month’s publication of the Proceedings of the National Academy of Science entitled “Record-setting algal blooms in Lake Erie caused by meteorological trends consistent with expected future conditions. “The 2011 bloom was a catastrophe. But it could become the new normal if we don’t do anything” said Dr. Bridgeman. Importantly, the study concludes that “long-term trends in agricultural practices are consistent with increasing phosphorus loading to the western basin of the lake, and that these trends, coupled with meteorological conditions in spring 2011, produced record-breaking nutrient loads.” In short, […]

(Beyond Pesticides, April 11, 2013) A report released Tuesday by the California Department of Pesticide Regulation (DPR) lays out an “Action Plan” to reduce farmer’s reliance on toxic soil fumigants. The plan was created by the Nonfumigant Strawberry Production Working Group, which was made up of scientists, growers, and other specialists. The working group was assembled in April 2012 because of the health and environmental concerns posed by the continued use of soil fumigants in strawberry production. The working group was asked to develop an action plan of research priorities for developing nonfumigant management strategies. However, even as the working group acknowledged the health and environmental risks posed by the continued use of fumigants, the plan remained conservative in its recommendations; it concluded that, “Even with full commitment to implement this action plan, the strawberry industry will need to continue its use of fumigants for years to remain viable in California,” even though growing strawberries organically without the use of fumigants has been shown to be effective. The working group was most concerned about the continued use of methyl bromide. Historically methyl bromide has been used as a fumigant to eliminate the threat of soil borne pests. Methyl bromide has […]

(Beyond Pesticides, April 9, 2013) Last Wednesday, close to a hundred people attended a public hearing at the Riverhead campus of Suffolk County Community College, sponsored by the Department of Environmental Conservation (DEC), to comment on the draft of the Long Island Pesticide Pollution Prevention Strategy. The strategy, which was released in January, is dramatically different than a draft plan DEC had released in 2011. The draft plan had initially received praise from environmental organizations for its “zero tolerance policy”   to ensure certain chemicals did not end up in Long Island’s drinking water. However, the revamped strategy fails to offer any meaningful protective measures or strong pesticide regulations. This is concerning, given trace amounts of metalaxyl, imidacloprid and atrazine have been repeatedly detected in test wells, along with 117 other pesticides detected in Long Island drinking water. State officials argued that pesticide levels in Long Island’s drinking water are far below federal standards. However, the pesticides that have been found in the drinking water have been linked to several health and environmental problems. Because of these health and environmental risks the Citizens Campaign for the Environment, a grassroots organization working in Long Island, has called for DEC to ban […]

(Beyond Pesticides, March 27, 2013) The U.S. Environmental Protection Agency (EPA) stepped in this week to revise a biennial report on impaired rivers and streams across West Virginia, after state officials, under pressure from industry interests, left more than 1,000 miles of polluted waterways off the list. EPA officials stated that the Clean Water Act does not allow the state to ignore evidence that streams are troubled. Water standards and plans for cleanup must be adopted for impaired waterways. EPA reprimanded West Virginia from shirking its responsibilities under the law to list all of the state’s impaired streams, in spite of industry interference. EPA Region  3 officials are now proposing to add an additional 255 waterway segments where aquatic life is impaired to the state’s 303(d) list, named for the section of the Clean Water Act that requires it be prepared. Section 303(d) requires a listing of impaired streams in the state, and the list is used for water standard development for subsequent cleanup plans and restoration of the impaired waterways. States are required to publish such lists every two years. West Virginia’s Department of Environmental Protection (DEP) submitted The West Virginia Integrated Water Quality Monitoring and Assessment Report   […]

(Beyond Pesticides, March 15, 2013) A group of Washington D.C. area activist led by Alan Cohen, the president of Safe Lawns for DC Kids and Critters, and Beyond Pesticides delivered a petition to the National Park Service (NPS) that urges officials to stop the seasonal spraying of Rodeo, a glyphosat-based herbicide, to control for fig buttercup in Rock Creek Park in the DC metropolitan area. The group is asking the park to adopt an alternative weed management strategy. According to Mr. Cohen, “We are not saying they should do nothing. We should do something to manage this invasive plant, but it shouldn’t be this treatment with Rodeo.” The activist group gathered over 250 signatures to a petition that asks the park service to stop the spraying of Rodeo by canvassing in the park over several weekends and through their online petition. The group argues that spraying within 25 feet of waterways violates DC’s Pesticide Education and Revisions Act of 2012.  The group says that through this process of petitioning that they want to start a dialog between community members and the NPS on how to best manage fig butter cup. However, NPS has not been responsive to this request. The […]

(Beyond Pesticides, March 12, 2013) Despite the loss of Proposition 37 in California last November, GMO labeling efforts are moving forward throughout the United States. Late last week Whole Foods Market announced its own plan to label food with genetically engineered (GE) ingredients sold in its stores, making it the  first grocery chain in the nation to do so. In addition to the recent introduction of a National GE labeling bill in Congress by Representative Jared Polis (D-CO), Hawaii, Vermont, and Minnesota join the ranks of numerous other states with pending GMO labeling legislation. Whole Foods’ plan  requires a label for all GE food sold in its stores within the next  five years. The retailer notes that the move was made in response to customers’ increased demand for labeled products. “Some of our manufacturers say they’ve seen a 15 percent increase in sales of products they have labeled [as non–GMO],” explains A.C. Gallo, Whole Foods president. The chain’s labeling requirements include all of its North American stores, as its European supermarkets already require this label. The Grocery Manufacturer’s Association (GMA), an industry trade group that represents a number of major food retailers including Pepsico Inc., The Coca Cola Company, Kelloggs, […]

(Beyond Pesticides, March 8, 2013) Sugarcane and pineapple production in Hawaii is threatening aquatic life as years of atrazine applications, a pesticide regularly used for corn production too, has run off into rivers, streams, and groundwater sources. Recent reviews by Hawaiian news service Civil Beat found that water testing for the chemical is not tracked currently in the state of Hawaii, despite requirements by U.S. Environmental Protection Agency regulatory limits under the Clean Water Act. Instead, the Hawaii Department of Agriculture almost exclusively relies on label compliance, according to Thomas Matsuda, manager of its pesticide program. Monitoring problems have been compounded by understaffing, with only six inspectors for the state of Hawaii. Not surprising, close examination of atrazine sales records by Civil Beat indicate that the largest buyers of the chemical are Hawaiian seed corn companies Monsanto and Mycogen. Syngenta recently reached a class action settlement in City of Greeneville v. Syngenta Crop Protection, Inc., providing the Kaua’i Department of Water with $6,692.96 for atrazine clean-up expenses. Atrazine is used nationwide to kill broadleaf and grassy weeds primarily in corn crops. A potent toxicant, atrazine is known to be associated with infertility, low birth weight, and abnormal infant development in […]

(Beyond Pesticides, March 6, 2013) The Minnesota Pollution Control Agency announced on March 3rd that state agencies have been ordered by Governor Mark Dayton to stop buying products that contain triclosan, a synthetic, broad-spectrum antimicrobial agent that has become ubiquitous in consumer products ranging from face-washes to fabrics. This ban, which will go into effect in June, comes as the debate over the efficacy and necessity of triclosan intensifies in the Minnesota State legislature. A bill banning triclosan’s use outside of medical settings is expected to be introduced this week, and the legislature conducted a hearing Tuesday on the possible human health and environmental consequences of the chemical. The state government, about 100 school districts, and local governments together currently buy about $1 million worth of cleaning products annually through joint purchasing contracts. Many of these products contain triclosan, but the U.S. Food and Drug Administration concluded in 2010 that products containing triclosan are no more effective than plain old-fashioned soap and water. “There are alternatives, and they are at the same price,” said Cathy Moeger, sustainability manager for the Minnesota’s Pollution Control Agency. “If it has an environmental benefit, why not do it?” Triclosan has been used for over […]

(Beyond Pesticides, February 28, 2013) Representative Jared Polis (D-CO) announced last Wednesday that he intends to co-sponsor a bill in Congress along with Representative Peter DeFazio (D-OR) to mandate the labeling of food containing genetically engineered (GE) ingredients in the U.S. Earlier this week, the Maryland House Health and Government Operations Committee held a public hearing on state House Bill 0903, which would set requirements for labeling and disclosure of genetically engineered ingredients in food.  Other state labeling efforts have been launched in California, Hawaii, New Mexico, Oregon, Missouri and Washington. More than 90 percent of Americans believe that foods with GE ingredients should be required to be labeled; however, Rep. Polis recognizes that it is still going to be tough to get enough votes to pass. Corporate opponents have spent tens of millions of dollars lobbying against GE labeling, and a bill introduced in the state of Colorado by Representative Jeanne Labuda (D-Denver) to label GE foods was stopped after just five hours of testimony. The House Health, Insurance and Environment Committee in Denver voted 7-2 against the bill just a day after Rep. Polis’ announcement. Despite testimony from concerned consumers, parents, and health advocates, the committee said the […]

(Beyond Pesticides, February 25, 2013) Both current and future pesticide laws are under assault in several states. State-run agencies in Alaska are no longer required to solicit public comments or a review process for pesticide applications on state land due to new regulations adopted by the Alaska Department of Environmental Conservation (DEC). In Maine, the state Board of Pesticides Control is considering a proposal that weakens requirements for notification of pesticide spraying in fear of West Nile Virus (WNv) problems this summer. A state bill introduced in Hawaii to require neighbors to share specific information on pesticides being used to any abutting property owners was revised by various Hawaii statehouse committees until all notification rules in the bill were removed. Alaska The decision in Alaska, which will go into effect on March 7th, allows state agencies to spray pesticides on state land without having the application subject to public comment. The new regulation replaces the former transparent process with one that only requires agencies to develop an Integrated Pest Management Plan and submit it to the DEC. This new regulation takes away the ability for the public’s input to have an impact on proposed pesticide applications on state land. The […]