(Beyond Pesticides, June 26, 2020) A court decision in California, challenging a cancer warning on products containing the weed killer glyphosate, highlights the distinct  ways in which scientific findings are applied under regulatory standards, in toxic tort cases evaluated by juries, and by consumers in the marketplace. These differences came into focus as a U.S. court quashed California’s decision to require cancer warning labels on glyphosate products on June 22. The ruling, by Judge William Shubb of the U.S. District Court for the Eastern District of California, bars the state from requiring labeling that warns of potential carcinogenicity on such herbicides. The World Health Organization’s International Agency for Research on Cancer (IARC) in 2015 classified glyphosate as a probable human carcinogen. At this point, Monsanto began a worldwide campaign to challenge glyphosate’s cancer classification. The IARC finding spurred the California Office of Environmental Health Hazard Assessment, in the same year, to announce that glyphosate would be listed as a probable cancer-causing chemical under California’s Safe Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65). With that announcement came another: the state would mandate that cancer warning labels be applied to glyphosate-based products in the state when any of four […]

(Beyond Pesticides, June 24, 2020) Communities across the U.S. are restricting the use of biosolids (sewage sludge) in their jurisdictions, as researchers at Michigan Tech plan to study whether Covid-19 can persist in wastewater and sewage sludge. While relatively unknown to many city-dwellers, the use of recycled human waste on farm fields is a common practice in many rural communities throughout the country. Issues associated with smell, runoff, and contamination are often the impetus for local leaders to investigate and consider banning their spread, but the potential for the waste to vector coronavirus gives the issue a new sense of urgency.    In Oklahoma, the small town of Luther earlier this month voted to ban the use of biosolids on farmland. The issue was brought to town leaders after a report from FOX 25 found that a local sewer plant was spreading the waste on area farmlands. “Our goal with the biosolids program is to get beneficial reuse rather than just taking it to a landfill and filling up a landfill with this…And [the farmers] get it for free and of course, the farmers line up for this,” Kris Neifing, Director of Water Resources for Edmond, OK, told FOX 25. […]

(Beyond Pesticides, June 5, 2020) Amidst the COVID-19 pandemic, Massachusetts is wrestling with solutions for mosquito-borne illnesses such as Eastern Equine Encephalitis (EEE) and West Nile Virus (WNV). A coalition consisting of national, state and local nonprofits, with the assistance of 75 legislators, won major amendments to emergency legislation sponsored by Governor Charles Baker, but the coalition seeks further refinements. As originally introduced, Gov. Baker’s bill (H.4650 – see original legislation and amended version) would have given state agencies overly broad authority to eradicate mosquitoes through unlimited pesticide applications, without local input or notification to communities and residents prior to aerial spraying.  It would have suspended all environmental safeguards whenever state officials determine that an elevated risk of arbovirus “may exist” in the future.  In response to input from 75 legislators, the Joint Committee on Public Health made significant improvements to the bill, including– Giving property owners 48-hour notification before a spray event; Providing public notice as to what chemical agents will be sprayed; and Sunset emergency powers within two years, and authorization of a comprehensive stakeholder-driven evaluation of how the Commonwealth deals with mosquito control. “We applaud lawmakers for significantly improving accountability and transparency, but more work is needed,” […]

  (Beyond Pesticides, June 4, 2020) A new, simultaneous chemical identification method has found the presence of the weed killer atrazine and 200+ other hazardous chemicals in hydraulic fracturing (fracking) wastewater or produced water, according to collaborative research published in the Journal of Separation Science by scientists at the University of Toledo (UToledo) and the University of Texas at Arlington. Although produced water is a waste product of fracking, the U.S. Environmental Protection Agency (EPA) allows many states to reuse produced water in agriculture and other industries or dispose of it into waterways. There is serious concern about the safety of produced water and it being a widespread source of pollution. Current disposal and purification practices do not guarantee environmental pollutant’s removal from produced water. This research, “Optimization of thin film solid phase microextraction and data deconvolution methods for accurate characterization of organic compounds in produced water,” highlights the need for comprehensive chemical composition assessment of produced water, whether for reuse or disposal. Currently, EPA waives requirements that chemical companies (e.g., Syngenta in the case of atrazine) monitor for the presence of pesticides in waterways, endangering public health of the environment. Because produced water, whether treated or not, is typically not void of toxic […]

(Beyond Pesticides, June 3, 2020) While wearing a mask is an important practice to help reduce the chance of Covid-19 infection, a mask produced with pesticide-laden material for Tennessee residents has been identified as elevating the virus’ health risks. The state of Tennessee began last week and then stopped this week providing residents with free face masks made from sock fabric incorporated with antimicrobial silver pesticide. The investigative unit of NewsChannel 5 Nashville uncovered that the masks contain a toxic antimicrobial pesticide. Because of the U.S. Environmental Protection Agency’s (EPA) interpretation of federal pesticide law, textiles and other materials, typically plastics, infused with toxic antimicrobial substances are not evaluated by the agency for the wide range of exposure patterns associated with the use of these toxic products. In addition, the silver product in the sock material, Silvadur 930 Flex, states on its label that over 99% of product ingredients are “other ingredients” and provides no disclosure on their potential hazards. Beyond Pesticides’ board member Warren Porter, PhD, environmental toxicology professor at University of Wisconsin at Madison, in an interview with NewsChannel 5, assessed the situation bluntly. Dr. Porter told reporters over a Zoom interview, “I wouldn’t wear one,” after explaining […]

(Beyond Pesticides, May 19, 2020) The California Department of Food and Agriculture (CDFA) is taking public comments on a proposal to establish statewide comparable-to-organic standards for cannabis production. Although cannabis remains illegal at the federal level, and thus cannot be labeled with the U.S. Department of Agriculture (USDA) certified organic seal, there is no prohibition on a state-specific program that follows federal organic requirements, but does not use the word “organic.” While such a program has the potential to provide another level of protection for medical patients, questions and concerns remain over the allowance of certain products, and the impact the certifying scheme may have on the future trajectory of the cannabis production industry. Under the Medicinal and Adult-Use Cannabis Regulation Safety Act, passed in 2017 after the success of Proposition 64 by California voters, state agencies were tasked with establishing a state-level program to certify cannabis to the standards set out by USDA’s National Organic Program (NOP). CDFA is required to finalize this program for cannabis production by the start of 2021, while the California Department of Public Health will create a separate program to certify manufactured cannabis products. As outlined by CFDA, cannabis would be certified through third-party […]

(Beyond Pesticides, May 14, 2020) Four banned organochlorine pesticides (OCP) are present in over 60% of a cohort of reproductive-age, black women in Detroit, according to a study published in Environmental Research by Boston University School of Public Health (BUSPH). OCPs are lipophilic (fat combining/dissolving), environmentally steadfast chemicals linked to harmful health effects. This study stresses the importance of monitoring pesticide accumulation, particularly regarding environmentally persistent chemicals and their metabolization via indirect exposure routes. Lead author Olivia Orta, Ph.D., a postdoctoral research associate in the Department of Epidemiology at BUSPH, highlights the significance of water monitoring—especially in light of historically disproportionately high hazards for people of color (e.g., Flint, Michigan)—and testing sources prone to OCP contamination. She remarks, “The sources that we identified as potential OCP correlates should be tested for pesticide contamination,[…] especially drinking water.” Environmental contaminants, like organochlorine pesticides (OCP), can persist in the environment decades after use stops, as OCPs have greater chemical stability and gradual attenuation. Minority populations are at higher exposure risk of environmental contaminants (i.e., pesticide) exposure that can catalyze adverse health and birth effects, especially in metropolitan areas. Although black women endure higher body burdens than other U.S. populations, there remains a lack of research surrounding the association. Boston University researchers enrolled […]

(Beyond Pesticides, May 12, 2020) California Governor Gavin Newsom (D) is issuing new enforcement guidelines intended to protect children and residents from toxic pesticides during the Covid-19 pandemic. With schoolchildren spending their time at home while in quarantine, many, particularly those in agricultural communities, are at increased risk of pesticide exposure. “During this public health crisis, it is important to ensure the strict enforcement and oversight of regulations that protect children from pesticide exposure,” Governor Newsom wrote in a letter to the state Environmental Protection Agency (CalEPA). While much of the guidance simply reinforces current legal requirements, it places an emphasis on strict enforcement. County Agricultural Commissioners (CACs), the state’s primary enforcement officers for pesticide laws, must “strictly enforce all applicable health protections around homes and schools” during the pandemic, seven days a week. Further, it stresses that pesticide applications “are expressly prohibited,” when there is, “reasonable possibility of contamination of the bodies or clothing of persons not involved in the application.” The state will prioritize the investigation of any violations made in residential areas. The state will also “take a strict approach to assessing penalties.” Violations of pesticide law that occur near homes or schools during coronavirus quarantine will […]

(Beyond Pesticides, May 8, 2020) At the height of Covid-19 impacts in the Northeast U.S., Massachusetts Governor Charlie Baker (R) and Lieutenant Governor Karyn Polito (R) filed emergency legislation at the Boston State House that would, according to their April 16 press release, “help the Commonwealth more effectively combat diseases transmitted by mosquitoes, including arboviruses like Eastern Equine Encephalitis (EEE) and West Nile Virus (WNV), by authorizing a coordinated, proactive, statewide approach to mosquito control activities.” Protecting the public from such diseases is an important public health mission. However, the Governor’s bill, H.4650, represents an alarming “over-reach” that would give unitary authority to the State Reclamation and Mosquito Control Board (SRMCB) to conduct mosquito control activities, including ineffective and toxic spraying, with virtually no effective oversight or transparency. Beyond Pesticides opposes this bill, whose passage would enable use of pesticides that can have respiratory and immune impacts — increasing health risks for everyone, but especially for the many people already at higher risk from Covid-19, despite the availability of ecological management approaches that eliminate the need for toxic chemicals. H.4650, An Act to mitigate arbovirus in the Commonwealth — was promulgated in response to a Massachusetts Department of Public Health […]

(Beyond Pesticides, April 27, 2020) Federal guidance and orders by most Governors have identified “landscaping” as an essential activity that is permitted in spite of stay at home or shelter in place requirements. Tell Your Governor that Lawn Care Pesticides are Not Essential and Increase Risk of COVID-19. Most states follow some variation of guidance issued by the Department of Homeland Security, Memorandum on Identification of Essential Critical Infrastructure Workers During COVID-19 Response, in determining which industries are “essential” and can therefore remain in operation. DHS guidance identifies as essential, “Workers such as plumbers, electricians, exterminators, builders, contractors, HVAC Technicians, landscapers, and other service providers who provide services that are necessary to maintaining the safety, sanitation, and essential operation of residences, businesses and buildings such as hospitals, senior living facilities, any temporary construction required to support COVID-19 response.” While some of the services provided by landscapers and exterminators may be necessary to maintaining safety, sanitation, and essential operations, pesticide application for cosmetic lawn care purposes is not. The hazards of pesticides may be amplified during this pandemic. Threats to the immune and respiratory systems posed by pesticides are likely to make those exposed more susceptible to the coronavirus. Governors should designate as essential outdoor maintenance, including vegetation, only when necessary to […]

P-22 is being treated for mange; blood tests found anti-coagulant rodenticides, commonly known as rat poison. (Beyond Pesticides, April 21, 2020) Last week, the California Fish and Game Commission voted unanimously to give mountain lion populations in certain parts of the state temporary protective status, and initiate a year-long study to consider permanent safeguards. Mountain lions in California are under considerable threat from a range of issues, including inbreeding, human developments, and the use of hazardous rodenticides. “There’s an extraordinary urgency for action to preserve this population,” said Commissioner Samantha Murray prior to the unanimous vote, according to the OC Register. According to a study published last year in the journal Ecological Applications, mountain lion populations in Southern California’s Santa Ana and Santa Monica Mountains are at risk of local extinction within 50 years without intervention. Highways and other man-made structures have hemmed in the cougars, resulting in inbreeding that threatens genetic diversity and can result in sterile offspring.  Although specific actions under the new status are not guaranteed, it will force changes within California executive agencies. “For Caltrans, this could include building wildlife crossings over or under existing freeways or as part of freeway expansion projects,” J.P. Rose, staff […]

(Beyond Pesticides, March 24, 2020) Last week, Maryland became the latest state to prohibit use of the brain-damaging insecticide chlorpyrifos, after a measure cleared both the state Senate and House. Although the legislation implements a limited ban that sunsets after four years, advocates consider this action a step in the right direction that will protect the health and safety of Maryland residents. “Even amidst our current public health crisis, the Maryland legislature acted to protect all Marylanders’ health for years to come by banning this toxic pesticide, and we are so grateful,” said Ruth Berlin, Executive Director of the Maryland Pesticide Education Network to WBOC. Chlorpyrifos is an organophosphate insecticide known to inhibit the proper nerve functioning by affecting the enzyme acetylcholine esterase. The impacts of this pesticide are particularly concerning for young children, as research finds that children exposed to high levels of chlorpyrifos had mental development delays, attention problems, attention-deficit/hyperactivity disorder problems, and pervasive developmental disorder problems at three years of age. While Maryland is the fourth state to restrict the use of chlorpyrifos, it is the second to implement these restrictions through legislation. In California, the state Department of Pesticide Regulation is implementing a phase out of […]

(Beyond Pesticides, March 19, 2020) As communities across the U.S. brace for an unimaginable health crisis and difficult economic times in the wake of COVID-19, the Beyond Pesticides Hawai’i team has linked arms with Maui’s small farms and community organizations to make sure local farms have the support they need to feed communities and stay in business. The virus is causing shutdowns of everything from farmers markets to restaurants, but community organizers in Maui are making an effort to transform COVID-19 related challenges into a spring board for long-term increase in locally produced, organic food—a sorely needed commodity in Hawai’i.  Hawai’i is the most isolated island chain on the planet. Its fertile soil and climatic conditions coalesce to make Hawai’i potentially a major producer of nutritious food for its residents and for export. However, a complicated plantation history and off-island investment influence has skewed the economy toward tourism and development. The current stark reality is that 85-90% of Hawai’i’s food is imported, making the islands particularly vulnerable to disasters and global events that might disrupt the economy or infrastructure.  COVID-19 is now disrupting the economy and local infrastructure of Maui. Farmers markets and other public gatherings have closed. Tourism is […]

UPDATE: The same day Beyond Pesticides published this piece, Gulbrandsen Chemicals announced it would drop its effort to produce pentachlorophenol in Orangeburg, SC, according to The State newspaper. (Beyond Pesticides, March 10, 2020) Orangeburg, South Carolina may be the last place in the world to produce one of the most toxic pesticides known to humanity, pentachlorphenol. Despite a global ban on “penta” in 2016, in force in 186 countries, the United States has continued to import and use this hazardous wood preservative on telephone poles and railroad ties throughout the country. Now, with Mexico set to close one of the last production plants in the world, Gulbrandsen Chemicals Inc. wants to make Orangeburg, a majority black community with a population three times the U.S. poverty rate, the new epicenter for penta manufacturing. Overview and History Penta is used to pressure treat wood, with the aim of prolonging its use in utility poles and railroad ties. Beyond Pesticides has sounded the alarm on penta and other wood preservatives for over 20 years, starting with the reports Pole Pollution and Poison Poles, which outlined the science on the hazards and and alternatives to preservative-coated utility poles. Penta is a particularly concerning wood […]

(Beyond Pesticides, February 28, 2020) State legislators in Boise, Idaho have advanced House Bill 487, An Act Relating to Pesticides and Chemigation, out of the House Agricultural Affairs Committee. If passed, the statutory alterations in this bill would, according to the Idaho Statesman, loosen some rules on aerial application by crop-dusting airplanes, and reduce state agricultural investigators’ ability to regulate the spraying of pesticides. The legislation replaces sections of current rules and deletes language regarding drift, including “Chemicals shall not be applied when wind speed favors drift beyond the area intended for treatment or when chemical distribution is adversely affected.” Such changes will exacerbate the already-significant issue of pesticide drift. In an overview of the pesticide dicamba, Beyond Pesticides recently reported on this legislative development, as well as on a precipitating exposure event in an Idaho hops field. Banning of aerial spraying, as has been attempted by some localities, would go a long way toward eliminating the harms of pesticide drift. The only conclusion that can be drawn from this is the following: As the problem of drift grows and farmers’ crops and people are put at risk, this legislation attempts to define away serious problems and eliminate protections. The Idaho […]

(Beyond Pesticides, February 21, 2020) Last week in Minnesota, state Representative Jean Wagenius introduced measure H.F. 1255 that would give cities the opportunity to ban local use of bee-lethal pesticides. This is the latest in a series of attempts to fight state pesticide preemption, an industry-promoted law that prevents localities from restricting pesticide use more stringently than the state. In the face of inaction at the federal and state levels, advocates and legislators in Minnesota are attempting to regain local control to help save their declining, Midwestern pollinators. Representative Wagenius says about the measure, “Minnesotans should be able to protect pollinators if they want to. We value local control in this state, and we always have.” H.F. 1255 will allow cities to opt into a blanket ban of pesticides determined by the Environmental Protection Agency (EPA) to be hazardous to bees. Pesticides with an EPA bee-advisory box are listed on the state’s Department of Agriculture website and referred to as “bee-lethal” by Minnesota legislators. Patrick Hanlon, director of environmental programs for the city of Minneapolis, says cities would work with Department of Agriculture, businesses, and residents that might be impacted by these restrictions before enacting the bill. Local advocates have […]

(Beyond Pesticides, February 20, 2020) Missouri’s largest peach farm, Bader Farms, is set to receive $265 million in compensation from two multinational agrichemical companies after the companies’ dicamba-based weed killers caused widespread damage to the farm’s fruit trees. Bayer’s Monsanto and BASF were found to be responsible for negligence in the design of their dicamba herbicides, and failure to warn farmers about the dangers of their products. The jury determined that the joint venture between the two companies amounted to a conspiracy to create an “ecological disaster” in the name of profit. In 2015, the U.S. Department of Agriculture (USDA) approved Bayer Monsanto’s release of a new line of genetically engineered (GE) seeds designed to tolerate repeated spraying of dicamba. With glyphosate resistant ‘super-weeds’ widespread and threatening GE farmer’s yields, the company aimed to redeploy dicamba, one of the oldest herbicides in the market, on cotton and soybeans throughout the U.S. Knowing the propensity of dicamba to drift for miles off site, Bayer’s Monsanto promised a new product line with much lower volatility.  But as the company was waiting on approval for this product by the Environmental Protection Agency (EPA), it nonetheless began selling its dicamba-tolerant seeds. This led to […]

(Beyond Pesticides, February 14, 2020) The weed killer dicamba has been blamed for killing or damaging millions of acres of non–genetically modified crops and other plants that have no protection against the compound. Litigation, legislation, and manufacturer machination abound as dicamba damage mounts. The trial in a suit filed in 2016 by a Missouri peach farmer against dicamba manufacturers Bayer and BASF has just begun; an Indiana state laboratory struggles to keep up with demand to evaluate dicamba damage; Idaho lawmakers are poised to weaken rules that protect farmworkers who apply dicamba (and other pesticides) aerially; agricultural officials in Missouri are pressuring the state legislature to increase funding to handle the exploding numbers of dicamba complaints; and Indiana’s legislature is considering two bills aimed at curtailing dicamba drift that kills neighboring crops. This Daily News Blog will round up the plethora of recent news on dicamba — the toxic and destructive culprit behind each of these stories. In the face of the U.S. Environmental Protection Agency’s (EPA) failure to mitigate dicamba hazards, states have been scrambling to enact limits on when and how dicamba can be used, amend buffer zones around application sites, and in some cases, ban its use outright. […]

(Beyond Pesticides, February 7, 2020) Toxic pesticide use in New York City (NYC) parks would get the boot if a bill — Intro 1524 — being considered by the New York City Council passes. The bill “would ban all city agencies from spraying highly toxic pesticides, such as glyphosate (Roundup), and be the most far-reaching legislation to implement pesticide-free land practices in New York City parks,” according to a press release from its sponsors, New York City Council members Ben Kallos and Carlina Rivera. The January 29 hearing on the bill in the council’s Committee on Health was preceded by release of an important report from The Black Institute: Poison Parks, which calls out the NYC Parks Department for, in particular, its continued use of glyphosate-based herbicides. It also notes, “Minority and low-income communities suffer from the use of this chemical and have become victims of environmental racism.” NYC Council members Kallos and Rivera point out, in their joint press release, that Roundup is the pesticide most intensively used by city agencies, and that, “The use of this pesticide poses a health risk for anyone who frequents city parks and playgrounds, as well as, city workers, including city parks employees […]

(Beyond Pesticides, February 6, 2020) Bill Bader, a Missouri peach farmer, is taking on agrichemical giants for damages to his crops, allegedly caused by the volatile herbicide dicamba drifting from neighboring properties. Mr. Bader says that not only did he lose over 30,000 trees, his remaining peaches are now smaller and his trees are less productive. According to Bader, the damage has cost him $20.9 million for which he seeks restitution. The case is claiming that Monsanto, now owned by Bayer, and German partner company BASF knew that the sale of their products would result in crop damage due to drift, but sold dicamba-resistant cotton and soybean seeds anyway. The companies deny the claims. Dicamba is a benzoic acid herbicide that exerts an auxin-like growth regulatory effect when absorbed by plant tissue, ultimately causing the plant to outgrow its nutrient supply and die. Originally developed in the 1950’s, dicamba has become more popular as crops become resistant to glyphosate. It is extremely volatile and prone to drift. Soybeans are particularly sensitive to dicamba, and drift damage can pit neighbor against neighbor in rural communities. Risk of crop damage alone can drive farmers to buy dicamba-resistant soybean seeds. In addition to […]

Photo: Beyond Pesticides’ board member Chip Osborne and student advocate Bridget Gustafson meet on a University of California organic land management pilot site, supported by Beyond Pesticides. (Beyond Pesticides, January 23, 2020) University of California (UC) President Janet Napolitano recently has approved recommendations made by the UC Herbicide Task Force, a proposal that falls short of systems change that student activists are advocating. New changes will, however, restrict the use of some toxic pesticides and increase transparency across the university’s ten campuses. While the decision represents an important step forward, advocates remain critical of integrated pest management (IPM) policy and support an overall transition to organic land management. The UC Board of Regents will meet today to discuss the decision. President Napolitano will continue the suspension of glyphosate, established last year, until a UC-wide integrated pest management (IPM) policy is implemented and all ten UC campus locations complete individual IPM plans. A system-wide “oversight committee” will guide and authorize school IPM committees. The overarching IPM policy will restrict application of highly toxic pesticides, only permitting use after a local IPM committee has reviewed and approved its specific use application following an IPM-based assessment. Other synthetic pesticides will be subject to […]

(Beyond Pesticides, October 27, 2019) The spraying of toxic herbicides for weed control on campuses exposes students, workers and the general public to chemicals linked to health problems such as cancer and reproductive issues. Any day now, the University of California system will decide whether or not to continue using glyphosate and other toxic herbicides — including Roundup — on their campuses. The University of California temporarily banned the use of cancer-causing glyphosate, the main ingredient in Roundup, but the ban doesn’t stop the UC system from using other dangerous herbicides. Student activists are asking UC to commit to transitioning to all organic land care maintenance on all University of California campuses by 2025. This could be an opportunity for the University of California, which prides itself on its commitment to sustainability, to join other universities such as Harvard, the University of Colorado at Boulder, Yale, University of Pennsylvania, and others as a national leader in the field. Tell University of California President Napolitano to issue a full, permanent ban on toxic herbicides and shift the UC land care system to organic! Message to University of California President First of all, I would like to thank you for temporarily suspending the use of glyphosate-based herbicides on […]

(Beyond Pesticides, October 4, 2019) A Circuit Court judge in Lincoln County, Oregon has overturned a hard-won ban on aerial spraying of pesticides, citing preemption of state law over any local ordinance. In her late-September decision, Judge Sheryl Bachart wrote that Oregon’s Pesticide Control Act “expressly and conclusively displaces any local ordinance regarding pesticide use. The intention of the legislature is apparent and unambiguous.” She noted in her opinion that the Oregon Revised Statutes (the codified laws of the state of Oregon), Chapter 634.057 “prohibits local governments from making any ordinance, rule or regulation governing pesticide sale or use.” Voters in the county approved the subject ban on the aerial spraying of pesticides (Measure 21-177) in 2017, the initiative having been spurred by the work of Lincoln County Community Rights (LCCR), a grassroots organization that “seeks to educate and empower people to exercise their right of local community self-government in matters that pertain to their fundamental rights, their natural environment, their quality of life, their health and their safety.” In its advocacy for the initiative, the group cited both the harm done by aerial pesticide spraying to people and ecosystems, and the injustice of laws — often drafted by corporations for approval […]