(Beyond Pesticides, October 4, 2016) Last week, the  Oregon Liquor Control Commission (OLCC) approved 26 licences for 26 recreational marijuana retailers as well as modified state rules regarding state licensure testing requirements and packaging limitations. According to a OLCC press release, some of the marijuana retailers began operating on October 1st, fulfilling the OLCC’s promise to Oregon’s citizens that recreational marijuana stores would be open for business in fall 2016. OAR 845-025-5700 previously required that all batches be tested for pesticides. Under the new Oregon Administrative Rules (OAR) Temporary Pesticide Rules (“Limited Batch Testing”) OAR 845-025-5700, effective September 30, 2016 until March 1, 2017, the OLCC requires a minimum of 33.3% of batches per harvest lot of cannabis to be tested. According to OAR 333-007-0010, if the OLCC finds that there is not enough laboratory capacity for pesticide testing, the Commission may permit randomly chosen samples from batches of usable marijuana to be tested for pesticides by a licensed lab, rather than requiring every batch of usable marijuana from a harvest lot to be tested. If any part of those samples fails pesticide testing, every 10-pound lot is required to be tested. If the samples that are tested all passed, […]

(Beyond Pesticides, September 27, 2016)  Multinational pesticide manufacturer Syngenta Crop Protection was handed a  $1.2 million fine last week for multiple violations of federal pesticide law, according a settlement reached with the U.S. Environmental Protection Agency (EPA). EPA charged Syngenta with three major violations of the Federal Insecticide Fungicide and Rodenticide Act (FIFRA), including: (1) Failure to have repackaging agreement and/or maintain records on registered pesticides; (2) Distributing misbranded pesticides, and; (3) Failure to maintain data submitted for pesticide registration. However, under the consent agreement reached with EPA, the company neither admits nor denies the allegations. The settlement comes at a time of increased scrutiny of Syngenta, as the company is in the process of reregistering the herbicide atrazine, and Chinese National Chemical Corporation (ChemChina) continues its attempts to complete a $43 billion merger. While the plan appears to have cleared U.S. regulatory hurdles, European lawmakers have yet to sign off on the deal. “The repackaging, sale and distribution of unregistered and misbranded pesticides is illegal and puts people and the environment at risk. Users rely on accurate, up-to-date information about ingredients, directions for use, hazards and safety precautions,” said Anne Heard, Acting Regional Administrator for the Southeast in an […]

(Beyond Pesticides, September 21, 2016) The U.S. Environmental Protection Agency’s (EPA) Office of Pesticide Programs released last week  its Glyphosate Issue Paper in which the agency is proposing to classify glyphosate as “not likely to be carcinogenic to humans at doses relevant for human health risk assessment.” Glyphosate, the controversial active ingredient in Roundup, was classified in 2015 by the World Health Organization (WHO) as a “probable carcinogen” and numerous studies have associated the chemical with cancer and other human health issues. However, EPA’s proposed a classification that is contrary, not only to WHO’s, but also a position  it had previously held. The issue paper was released in preparation for the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) Scientific Advisory Panel (SAP) meeting, October 18-21, which convenes to review EPA’s evaluation of the carcinogenic potential of glyphosate. Glyphosate, produced by Monsanto, is one of the most popular weedkillers in the U.S., and the active ingredient in Roundup. Glyphosate is often promoted by industry as a “low toxicity” chemical and “safer” than other chemicals, yet has been shown to have  detrimental impacts  on humans and the environment. Given its widespread use on residential and agricultural sites, its toxicity is of increasing […]

(Beyond Pesticides, August 31, 2016) Last week, a Denver marijuana company went through its first inspection for the Colorado-based Organic Cannabis Association’s (OCA) new “pesticide-free” certification. This voluntary certification program was developed by OCA following an indefinite postponement of the Pesticide-Free Marijuana Bill, HB 16-1079 by the Colorado Senate and the failure of  the Colorado Department of Agriculture (CDA) to implement meaningful regulations to protect  users within the state from pesticides that are not regulated  for use in cannabis production by the U.S. Environmental Protection Agency (EPA) and the states. While the certification program is characterized as “pesticide-free,” it is focused on residues on the finished product, allowing the use of pesticides that do not appear on the narrow list of those restricted by the state of Colorado. The certification is a a step in the right direction for consumers who wish to protect themselves from unwanted pesticides in their cannabis products, however it is important to note that it  does not equate to a USDA organic inspection, as marijuana remains illegal at the federal level and is unable to qualify for certification under the USDA National Organic Program (NOP). While discussing his inspiration for developing such a program, OCA […]

(Beyond Pesticides, August 8, 2016) Last week, the Environmental Protection Agency (EPA) received a  letter  from Earthjustice requesting that the agency notify the Hawaii State Department of Agriculture (HDOA) of its chronic failure to meet statutory duties for pesticides regulation and enforcement under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), and, if timely corrections are not made, to rescind HDOA’s primary enforcement authority completely. Earthjustice has asked EPA to immediately notify HDOA that it has failed to carry out its responsibilities, and, pursuant to FIFRA, to give the agency 90 days to correct its overwhelming shortcomings. If the problems, which include failure to enforce pesticide use violations and a large backlog of pesticide complaints and investigations dating back to as early as 2008, are not corrected and addressed within 90 days, Earthjustice requests that EPA revoke HDOA’s primary enforcement authority indefinitely.  In the event that HDOA’s authority to regulate is stripped, EPA would then take over the responsibility for enforcing pesticide use violations occurring within the state. Under FIFRA,  the federal statutory authority for  pesticide approval and use, EPA may  delegate to  a state primary responsibility for enforcing pesticide use violations if thestate has adequate pesticide laws and adequate […]

(Beyond Pesticides, August 2, 2016) The Environmental Protection Agency’s (EPA) Environmental Appeals Board (EAB) has upheld an earlier ruling by EPA’s chief administrative law judge, Susan Biro, to cancel sales of the conditionally registered insecticide flubendiamide, produced by Bayer CropScience, which was conclusively found  to be highly toxic to freshwater wildlife after EPA allowed its use on 200 crops. The situation has left many questioning why the agency did not wait to register the product until it had complete data. The EAB disagreed with the Office of Pesticide Programs  and Judge Biro’s decision regarding existing stocks of the insecticide product, and ruled that farmers and other users, retailers, and distributors (not the manufacturers) will be allowed to use and sell existing supplies of the chemical. This controversy points to what health and environmental advocates cite as a fundamental flaw  in EPA’s pesticide registration review —the agency’s conditional pesticide registration process, which allows toxic pesticides  on the market without a complete and comprehensive assessment  of their  potential  harm””in this case to  wildlife and the vital ecosystem services they provide. Despite its agreement with EPA, Bayer said in March it would fight the EPA decision, which it appealed to the EAB. But, […]

(Beyond Pesticides July 25, 2016) The Oregon Department of Agriculture (ODA) last week issued 12 notices of statewide detainment and stop sale and removal orders for horticultural pesticide products that contain active ingredients not listed on the label. The orders call for the product manufacturers to immediately cease all sales, offers of sale, or other distribution in Oregon. This is the latest effort by a state with a legalized marijuana market to try to  curb the use of illegal pesticides in cannabis production, a practice that poses potential health threats to consumers, creating a regulatory challenge for state officials in states that have legalized marijuana for medicinal and or recreational purposes. Because the U.S. government classifies cannabis as a narcotic, the U.S. Environmental Protection (EPA) does not register pesticide products for use in its production, leaving consumers exposed to hazardous pesticides through inhalation, ingestion, and dermal absorption without any evaluation of potential health effects. The products in question are commonly used in horticulture and hydroponics, including cannabis production. The 12 notices cover 14 products sold in Oregon that were also identified by the Washington State Department of Agriculture (WSDA) in late June as containing undeclared pesticide active ingredients. In an […]

(Beyond Pesticides, July 22, 2016) This week, Walmart released the names of eight chemicals, including one pesticide,  classified as High Priority Chemicals (HPCs), which it has asked suppliers to remove from their products. The HPCs are a subset of Walmart’s list of Priority Chemicals (PCs), which is compiled from chemicals identified as hazardous by a number of state, national, and international authorities. In 2013, Walmart released a Sustainable Chemistry Policy and pledged to increase transparency of product ingredients, advance safer formulations of products, and to attain U.S. Environmental Protection Agency (EPA)’s Safer Choice certification for Walmart’s own private brand products. After three years, Walmart has not hit the mark on many of its stated goals. The transparency provision of the Sustainable Chemistry Policy requires all suppliers to provide full online ingredient disclosure beginning January 2015 and Walmart Priority Chemicals on packaging beginning January 2018. Walmart says that 78% of suppliers responding reported disclosure for all products. For their goal of advancing safer formulations of products, Walmart focused on reducing the HPCs. Importantly, seven of the eight high priority chemicals are undisclosed so-called “inert” ingredients in pesticide products, which should be disclosed under the policy. However, the disclosure occurs through the […]

(Beyond Pesticides June 13, 2016) A federal judge in California handed down a decision last week agreeing with the Environmental Protection Agency’s (EPA) that it has no responsibility under federal pesticide law to complete rulemaking on the disclosure of hazardous ingredients in pesticide products. That means that if the decision stands EPA will be allowed to keep the public in the dark on the full list of toxic ingredients in pesticides registered by the agency. A lawsuit filed by the Center for Environmental Health, Beyond Pesticides, and Physicians for Social Responsibility argues that EPA fails to protect consumers from “inert” ingredients found in pesticides. U.S. District Judge William Orrick stated in his ruling,“The EPA has no mandatory duty to require disclosure of “inert” ingredients in pesticides, even if those ingredients qualify as hazardous chemicals under separate statutes.” Advocates have said for decades that people and communities cannot make informed decisions on pesticide products without full disclosure of all product ingredients and that the stated proprietary interests of chemical manufacturers is bogus, given the burgeoning market of pesticide products exempt from registration under the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) 25(b) provision, which are required to disclose all ingredients. An […]

(Beyond Pesticides, June 9, 2016) The U.S. Congress passed a bill Tuesday to reform the Toxic Substances Control Act (TSCA) of 1976, the national law that regulates industrial chemicals, but in the process took away the right of state governments to adopt more stringent standards than the federal government. A Senate voice vote late Tuesday passed the bill, following a House vote in late May. The bill will now go to President Obama’s desk for signature or veto, but it is likely that he will sign it into law. Congress has taken steps to address the vast shortcomings of the law to protect human health and safety, and  in the process has created opportunities for serious delays and restrictions on states’ ability to enact their own toxic chemical regulations.  As the bill heads to President Obama, environmental advocates are concerned that they will lose an important tool in the fight for public protections —with the adoption of federal legislation that will  diminish the right of states and communities to establish protective laws, regulations, and standards in the face of involuntary toxic chemical exposure. Under  current TSCA law, around 64,000 chemicals are not subject to environmental testing or regulation by the […]

(Beyond Pesticides, June 6, 2016) Bayer CropScience’s appeal of the cancellation of their toxic pesticide flubendiamide by the U.S. Environmental Protection Agency (EPA) was rejected by EPA’s Chief Administrative Law Judge (ALJ) Susan Biro on Thursday, June 1. Judge Biro dismissed the complaints, saying that the agency was acting within its authority when it pulled its approval for the pesticide earlier this year after the two manufacturers, Bayer CropScience and Nichino America, failed to meet the terms laid out in a 2008 conditional registration. A startling number of pesticides, nearly 65% of the more than 16,000 pesticides now on the market, were first approved by the process of “conditional registration,” a loophole in which EPA allows new pesticides on the market without the full range of legally mandated toxicity tests for a full registration. Meanwhile, the Canadian Pest Management Regulatory Agency finalized its  decision to discontinue granting new conditional registrations, also on June 1. In 2008, EPA granted Bayer a “conditional” registration for flubendiamide, a classification that allows a new pesticide to be registered and used in the field, despite outstanding data points on its toxicological impact. In this case, original data submitted to EPA by Bayer showed concern over […]

(Beyond Pesticides May 24, 2016) Nearly two years after the first legal retail sales of marijuana in Washington State, the state Liquor and Cannabis Board (LCB) finally took action to protect the rights of consumers by strengthening its ability to issue product recalls when there is a risk to health and safety. Under the new rules, businesses will be required to isolate and prevent the distribution of products that violate state pesticide regulations, and, in certain cases, may mandate that some products be destroyed under the LCB’s supervision. This action is the final codification of emergency rules that were passed by the state earlier this year to combat contaminated cannabis products. The move by Washington follows  widespread cannabis recalls  in the City of Denver,  and actions from Colorado’s Governor  to declare pesticide-tainted cannabis “a threat to public safety.” However, it is not all good news as the state also set allowable levels for unapproved pesticides on pot. Washington State currently lists  over 200  pesticide products as permitted in cannabis production, despite their lack of compliance with federal and state testing requirements for the range of consumer, worker, and environmental exposures. Outside of that list, the state previously employed a “zero […]

(Beyond Pesticides, May 19, 2016) Using fear without facts, Congress is yet again attempting to gut Clean Water Act (CWA) provisions that protect waterways and communities from excessive pesticide pollution. In a move that was blasted by House Democrats this week, HR 897  (which was introduced as the Reducing Regulatory Burdens Act of 2015) was renamed the  Zika Vector Control Act, despite the fact that the bill does not actually do anything to address the threat of Zika. The legislation was defeated Tuesday on a suspension vote, 262-159, however the bill will be going to the Rules Committee on Monday, with anticipated House floor activity on Tuesday, May 24. (Take action: urge your representative to oppose HR 897.) “In a brazenly political act, the Republican leadership is trying to mask gutting the Clean Water Act as having something to do with fighting Zika,” Drew Hammill, spokesman for House Minority Leader Nancy Pelosi (D-CA), said in a statement to The Hill. “This bill has nothing to do with Zika and everything to do with Republicans’ relentless special interest attacks on the Clean Water Act,” he said. “It will do nothing to stem the growing threat of the Zika virus.” The bill […]

(Beyond Pesticides, March 31, 2016) On Tuesday, Terminix International LP and its U.S. Virgin Islands (USVI) operation agreed to a $10 million plea agreement after being  charged by the U.S. Justice Department and Environmental Protection Agency (EPA)  in U.S. District Court with multiple violations of the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) for “illegally applying fumigants containing methyl bromide in multiple residential locations in the U.S. Virgin Islands.” This decision by Terminix to pay criminal fines comes just one year after a Delaware family of four was poisoned with the neurotoxic pesticide at a resort in St. John, resulting in hospitalization and serious injury. The agreement, which is still subject to District Court approval, requires Terminix USVI to pay $6 million in fines and restitution to EPA for response and clean-up costs, and Terminix LP to pay $3 million in fines and fund a $1 million community service project, and a probation period of three years. In addition, Terminix LP is also responsible for resolving past and future medical expenses for the family through separate civil proceedings. Last March, a family from Delaware was vacationing at a  luxury condo in the U.S. Virgin Islands when they were exposed to […]

(Beyond Pesticides, March 29, 2016) Last week, Washington State’s Liquor and Cannabis Board (WSLCB) adopted emergency rules allowing the state to recall cannabis products that have been tainted with illegal pesticide residues. The move follows widespread cannabis recalls in the City of Denver, and actions from Colorado’s Governor to declare pesticide-tainted cannabis “a threat to public safety.” Earlier in the month, Beyond Pesticides sent letters to Washington State Department of Agriculture  (WSDA) and Governor Jay Inslee imploring the state to take a proactive approach in restricting the use of hazardous pesticides in cannabis production. Until now, Washington State had no process in place to remove illegally contaminated cannabis products from the market. WSLCB will now issue recalls or allow producers to initiate product removal if there is evidence that pesticides not approved by the state were used or are present on salable marijuana plants or products. However, because the state does not mandate batch testing of cannabis plants or products, it is unclear how or whether the new rule will be enforced. In an interview with the Seattle Times, WSLCB spokesman Brian Smith indicated that the state will not be taking a zero-tolerance approach.  “If a product tests very high […]

(Beyond Pesticides March 23, 2016) Last week, the Vermont House of Representatives passed a bill that authorizes state  regulation of pesticide-treated products,  including  telephone poles and coated seeds, that are exempt from federal pesticide regulations. H.861 is the latest in a string of laws introduced this legislative session in Vermont to address the impact of harmful neonicotinoid insecticides  on Vermont’s ecology and agriculture, and symbolizes a concentrated effort by the legislature to reverse pollinator declines within the state. If passed by the Senate and signed by the governor, the bill will  allow the Secretary of Agriculture to regulate above and beyond current federal laws, which exempt treated articles from regulation completely, and write appropriate rules in response to recommendations from a state Pollinator Protection Committee. The bill, which passed with wide support in the House, gives the Vermont Agency of Agriculture, Food and Markets the authority to regulate “treated articles,” a term coined by the Environmental Protection Agency (EPA) to denote products treated with pesticides, such as utility poles, commercial crop seeds, and lumber. Traditionally, EPA gives rulemaking authority over pesticides to states, but that authority does not extend to products pre-treated with pesticides, which, until this point, has posed […]

(Beyond Pesticides, March 1, 2016) Under the terms of an agreement reached lasted month, the U.S. Fish and Wildlife Service (FWS) will begin studying the effects of four commonly used herbicides on the health of 1,500 endangered species in the United States. Based on the terms of the settlement, the result of a series of lawsuits launched by the Center for Biological Diversity (CBD), FWS must develop a  plan to mitigate the effects of glyphosate, atrazine, and its chemical cousins propazine and simazine, on any threatened or endangered species. “This agreement will result in long-overdue protections for our country’s most endangered species,” said Brett Hartl, endangered species policy director at CBD. “Once the Fish and Wildlife Service completes its analysis, and the public finally learns just how toxic and deadly these pesticides are to endangered species, we hope that the government will ultimately take most of these products off the shelf.” Under the Endangered Species Act (ESA), the Environmental Protection Agency (EPA) is required to consult with FWS and the National Marine Fisheries Service (NMFS) on the impacts of pesticides on endangered species when it registers a chemical under federal pesticide law (the Federal Insecticide Fungicide and Rodenticide Act, or […]

(Beyond Pesticides, January 27, 2016) Last week the Senate Environment and Public Works Committee added an amendment to the Sportsman Act of 2015 that would remove important protections from pesticides sprayed into our nation’s waterways. After years of failed attempts to pass a version of the amendment as a stand-alone bill called the “Sensible Environmental Protection Act,” the latest attack against clean water was put forth by Senator Deb Fisher (R-NE), and passed by a committee vote of 12-8. It now moves to the Senate floor in a piece of bipartisan legislation. This amendment would reverse a 2009 federal court decision in National Cotton Council v. EPA that directed EPA to require permits from applicators who spray over “navigable waters,” as outlined in the Clean Water Act (CWA). The bill’s proponents claim that the need for water permits is duplicative, given that pesticide applicators also comply with the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), the law that requires applicators to follow instructions on pesticide labels. However, the fact is that CWA permits let authorities know what is sprayed and when it is sprayed, so that the public may know what chemicals are used in their waterways and the potential […]

(Beyond Pesticides January 22, 2016) Last week, the Oregon Department of Agriculture (ODA) released a list of pesticide products available for use on marijuana cultivated within the state. The list, which contains 257 pesticide products, aligns with similar product lists published by Washington State and Colorado, and raises the same concerns over the allowance of products that violate the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) and have not been subject to health evaluations of public exposure to the pesticides used. Those concerns were on full display last week in Colorado, when the Colorado Department of Agriculture (CDA) held a public meeting to discuss amendments to its Pesticide Applicators’ Act that would allow growers to use pesticides that violate FIFRA. Additionally, in an attempt to address consumers’ concerns over the issue of unregulated pesticides in marijuana, two lawmakers in Colorado introduced a bill that would establish a program for certifying marijuana as “pesticide free” within the state. Oregon Releases List of Approved Pesticides for Cannabis Growers Like Colorado and Washington, the Oregon list construes broad label language to allow the use of pesticide products that have not been specifically tested for use on marijuana, despite the fact that the Environmental […]

(Beyond Pesticides January 8, 2016) This week the Center for Food Safety, on behalf of several beekeepers, farmers and sustainable agriculture and conservation groups, filed a lawsuit in federal court on Wednesday  charging  the Environmental Protection Agency (EPA) with a  failure to adequately regulate neonicotinoid insecticide seed coatings used on dozens of crops throughout the U.S. The suit alleges that EPA has illegally allowed millions of pounds of coated seeds to be planted annually on more than 150 million acres  nationwide, constituting a direct violation of the registration requirements established by  the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA). Absent adequate assessment of the serious ongoing environmental harms associated with coated seed use, as well as failure to require the registration of coated seeds and enforceable labels on seeds bags, this lawsuit demands immediate action to protect beekeepers, farmers and consumers from the harms associated with neonicotinoid coated seeds. Neonicotinoids are a class of insecticides that share a common mode of action that affects the central nervous system of insects, resulting in disorientation, paralysis and death. Neonicotinoid pesticides are tied to  recent pollinator declines by an ever-growing body of science. Just this week EPA released a preliminary honey bee risk […]

(Beyond Pesticides, January 6, 2016) Last month, the U.S. Environmental Protection Agency (EPA) published its final rule to clarify the substances on the minimum risk pesticide ingredient list, also known as the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) Section 25(b) List, and revise the way these ingredients are identified on product labels. The new rule require manufacturers to  more clearly disclose to  state agencies, companies, and the general public the  chemical ingredients contained in the 25(b) products. EPA hopes that this will ultimately improve compliance and enforcement. Minimum risk pesticides, or  25(b) pesticides, are a special class of pesticides that are not required to be registered with EPA because their ingredients, both active and inert, are considered nonhazardous  to human health or the environment. They include commonly known botanicals and plants compounds such as cedarwood oil, citronella, corn meal gluten, peppermint oil, sodium chloride and white pepper that can be used for their pesticidal properties. Manufactures of these  products are required to fully disclose their ingredient list  on product labels, which Beyond Pesticides has long championed for all pesticide products. Currently, so-called inert ingredients, which EPA considers proprietary information and make up the majority of product ingredients in many […]

(Beyond Pesticides, November 17, 2015) Last Thursday, Colorado Governor John Hickenlooper issued an executive order directing state agencies to address public safety concerns related to pesticide-contaminated cannabis. The next day, the state of Oregon adopted new rules strengthening its requirements for laboratory testing of cannabis for pesticides. The state-level action on  pesticide-tainted cannabis is viewed as responsive to an ongoing public health threat. However, safety advocates say steps are needed to ensure that cannabis users, particularly medical patients with cancer, seizures, or other immune compromising diseases, are safe from toxic chemicals. Governor Hickenlooper’s Executive Order As a result of a number of quarantines on pesticide-laced cannabis in Denver, a warning letter and testimony delivered by Beyond Pesticides, and a recent lawsuit against a major Colorado grower, pressure has been building on the state to address this issue. In the executive order (EO), the governor acknowledges that because of cannabis’ status as a schedule 1 narcotic under federal law, the U.S. Environmental Protection Agency (EPA) has “neither assessed the potential health hazards posed by treating marijuana with pesticides, nor has it authorized the application of any pesticide specifically for use on marijuana.” The EO notes that it is a violation of […]

(Beyond Pesticides, October 27, 2015) Late Friday,  a coalition of public health, conservation and food safety groups filed their opening brief in the ongoing legal challenge to the U.S. Environmental Protection Agency’s (EPA) approval of the herbicide Enlist Duo for use on genetically engineered corn and soybeans. Enlist Duo, a blend of glyphosate and 2,4-D, was approved on October 15 for use on genetically engineered (GE) crops, despite concerns for human and environmental contamination. The challenge was originally brought in November 2014, shortly after the EPA approved the controversial herbicide for 6 Midwest states. Since then, EPA has expanded its approval to a total of 15 states, with more expected. Counsel from the Center for Food Safety (CFS) and Earthjustice are jointly representing Beyond Pesticides, Center for Biological Diversity, CFS, the Environmental Working Group, the National Family Farm Coalition, and Pesticide Action Network North America. “The Enlist Duo approval violated the laws protecting our communities, land, and farms,” said George Kimbrell, Center for Food Safety senior attorney, counsel in the case. “Regulators bowed to the chemical industry, but we are committed to holding them accountable.” The groups argue that in its approval of Enlist Duo, a combination of the herbicides […]