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Daily News Blog

26
Sep

Farmworkers Lose Amvac Genocide Appeal

(Beyond Pesticides, September 26, 2008) On September 24, the U.S. Ninth Circuit Court of Appeals dismissed Ivory Coast farmworkers’ claims that they were victims of genocide when pesticide exposure made them sterile. The nearly 700 plaintiffs were exposed to the soil fumigant and nematocide 1,2-Dibromo-3-Chloropropane, or DBCP, while working on Dole Food Company farms in Africa. The original First Amended Complaint was filed on April 6, 2007, and despite the latest setback, the Africans’ attorney, Raphael Metzger, said he would pursue a rehearing.

Until 1977, DBCP was widely used in U.S. agriculture, when it was banned for all uses except pineapples. In contrast, DBCP was widely used for fruit production in developing countries in to the 1990s in spite of its U.S. regulatory status. “The manufacturers continued making money on [DBCP] by shipping it to Third World countries where farmworkers were given it to use,” Mr. Metzger said.

The suit, Abagninin v. Amvac Chemical Co, was filed under the Alien Torts Statute and contended “that such conduct supports claims under the ATS for genocide and crimes against humanity because the conduct was undertaken with knowledge of DBCP’s effects and pursuant to a State or organizational policy.” The court rejected Abagninin’s claims because it “held that genocide requires specific intent to destroy a particular group of victims, and that Abagninin only alleged that AMVAC acted with knowledge of the consequences of DBCP.”

“It’s a violation of international law to undertake acts which you know will prevent births,” said Mr. Metzger, who accused companies of “marketing this poison to the Third World for population control.”

Legal action by farmworkers in developing countries against companies like Amvac and Dole have been making news in recent years. A notable victory for farmworkers came last year, when Nicaraguan banana plantation workers were awarded $3.3 million in a similar sterilization case. Costa Rican workers filed a similar suit in 2004.

Sources: Los Angeles Times, San Francisco Chronicle, Metropolitan News-Enterprise

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25
Sep

Hot Air Found More Effective Than Chemical Lice Treatments

(Beyond Pesticides, September 25, 2008) Pesticides used as lice treatments can not only have extremely harmful effects on children, they are also not as effective as non- chemical treatments such as utilizing directed hot air, according to researchers. Back-to-school season often coincides with lice outbreaks, and parents should be aware of the risks involved in using lice “shampoos†that contain pesticides and informed of the viability of non-toxic alternatives.

Many of the recent headlines regarding lice in schools include reference to “super lice,†which are difficult to eliminate. These lice have developed resistance to the chemicals commonly used to treat them, such as lindane, malathion and permethrin, and therefore these treatments are increasingly ineffective. Insects frequently develop resistance to pesticides, a fact that emphasizes the importance of strategies both in agriculture and public health that focus on preventing pest outbreaks and dealing with outbreaks in ways that will not lead to resistance.

One such method for eliminating head lice that will not lead to resistant strains of lice is the use of hot air, which desiccates the insects and eggs, thus killing them. Researchers testing six methods of hot air application found that hot air outperforms insecticidal shampoos in killing adult lice and nits (eggs). The study shows that a hand held blow dryer used to apply directed heat on sections of the head for a total of 30 minutes results in 98% mortality of eggs and 55% mortality of adult lice. A specially developed hot air applicator named the “lousebuster†results in equal egg mortality and higher (80%) adult lice mortality. Both of these treatments are more effective than chemical shampoos. The authors advocate for the institutional adoption of devices such as the lousebuster.

Chemical methods for dealing with lice are highly toxic for humans and the environment. Lindane is particularly toxic and is also bioaccumulative. The last remaining agricultural uses of lindane were cancelled in 2006, and the only remaining use, as a treatment for head lice, is regulated by the Food and Drug Administration (FDA). It was banned in California in 2000 because of high levels of water contamination. Following the ban, water contamination drastically declined, and an increase in head lice cases was not reported.

For more on how to deal with lice without chemicals, visit our factsheet (note that this was published prior to this study, and does not include much information on hot air treatment).

TAKE ACTION: Inform your school administrators about the alternatives to chemical shampoos for lice treatment, as well as the dangers chemical treatments pose to children. Pressure them to inform parents of non-toxic lice treatments when they disseminate information on lice. Encourage them to obtain devices such as the lousebuster to enable the most effective treatment of students with lice.

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24
Sep

Pesticides Contaminate Groundwater Wells in North Carolina

(Beyond Pesticides, September 24, 2008) Pesticides used on peach orchards over 50 years ago have been detected in the groundwater of three North Carolina counties. Tests have detected 117 tainted wells in Montgomery, Richmond and Moore counties in the past year, 77 of those at unsafe levels.

Public Health officials are scrambling to deliver safe water to those whose wells have been contaminated. However, the number of contaminated wells is forecasted to increase as more residents opt to have their groundwater tested, as the news of tainted wells continues to spread. Many residents are also wondering how they have been impacted as a result of their exposure to the tainted water. Local officials are also worried over how far and wide the contamination has spread. Contamination levels as high as 55 times the federal safe drinking-water standard have been detected. Households where concentrations are highest have been told not to drink or cook with their well water, and limit showers to 10 minutes.

Peach orchards now grow on a modest 1,350 acres in North Carolina, but production in 1941 was 12 times greater. The chemicals now detected in groundwater were first used in the 1950s and include ethylene dibromide (EDB) and 1,2-dibromo-3-chloropropane (DBCP). Both chemicals were fumigants used to control soil insects like nematodes. They are both listed as probable human carcinogens and reproductive and developmental toxicants. However, they are no longer registered for use in the U.S. due to their toxic effects on humans. Recently, a North Carolina farm worker appeared before the state Pesticide Board, saying she and her husband were repeatedly exposed to pesticides. She later gave birth to a son with no arms or legs.

The quantity of pesticides once used on orchards is staggering. For example, pesticides applied in Haywood County, in the North Carolina Mountains, turned a former apple orchard into a federal Superfund hazardous waste site in 2001. “I would like to know who was liable for putting that stuff out here years ago and not telling anybody, because they knew it was toxic,†said Franklin Harper, 62, resident of Richmond County. Like most of his neighbors, Mr. Harper learned his well was contaminated only a few weeks ago after reading a local newspaper story about the toxic chemicals.

DBCP and EDB have also been detected in public and private wells in South Carolina. Local authorities there have not pinpointed specific sources, but say they likely are related to former farmland, including peach orchards. Two wells servicing a 19,000-customer water system in Chesterfield County, South Carolina, have been taken off line because of the contamination. Sixteen of 75 private wells tested are also tainted. Some counties now recommend testing wells for pesticides if they are on former farmland. Private well owners, however, have to test their wells on their own.

For now, the solution to getting safe drinking water to well owners is five-gallon jugs of water that North Carolina authorities deliver each week to affected homes. Officials in Montgomery and Richmond counties, which have the highest concentration of tainted wells, are looking for grants to extend water lines to affected areas.

A recent U.S. Geological Survey (USGS) report found that certain pesticides can persist for years in groundwater depending on the chemical structure of the compounds and the environmental conditions. According to a Beyond Pesticides report, Threatened Waters: Turning the Tide on Pesticide Contamination , over 50% of the U.S. population draws its drinking water supply from groundwater. Once groundwater has been contaminated, it takes many years or even decades to recover.

Sources: The Charlotte Observer, The State

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23
Sep

Gender-Bending Herbicide Contaminates Lakes Far from Use Sites

(Beyond Pesticides, September 23, 2008) According to the Minnesota Department of Agriculture’s 2007 Water Quality Monitoring Report, released in August 2008, the endocrine disrupting herbicide atrazine is detected in pristine lakes in northern Minnesota far from the agricultural fields where it is applied. Metolachlor, acetochlor and dimethenamid are also frequent contaminants, according to the statewide sampling.

The report, which uses data collected by a collaborative program between the U.S. Environmental Protection Agency, the Minnesota Department of Agriculture and the Minnesota Pollution Control Agency, analyzed samples from 55 of the state’s lakes. Atrazine was detected in approximately 87% of the 2007 samples, an increase from 2006. The presence of atrazine in such a large percentage of the lakes, many of which are located in non-agricultural areas of northern Minnesota, suggests widespread atmospheric deposition of this chemical (movement through wind and rain).

“To some people, it is a bit of a surprise, but the concentrations are low, very low,” Steven Heiskary, a research scientist with the Minnesota Pollution Control Agency (MPCA) told the Star Tribune.

Unfortunately, this is not very reassuring, given the fact that many of the developmental impacts linked to atrazine are seen at very low levels, sometimes at just a fraction of a part per billion. Research by Tyrone Hayes, Ph.D., has shown that 0.1 parts per billion of atrazine in the water where a frog develops can hermaphrodize the animal (having both male and female gonads). Even concentrations of a few parts per trillion can seriously impact the way an animal develops.

A recent study has linked the common herbicide atrazine with endocrine disruption in both fish and human cells. The University of Califonia, San Francisco (UCSF) research examines the reaction of zebrafish to environmentally relevant levels of atrazine, and mirrors the study in human placental cells.

It is the ubiquitous nature of the contamination rather than the concentration of the herbicides that worries Samuel Yamin, a public health scientist for the environmental group, the Minnesota Center for Environmental Advocacy. “The fact that these chemicals are basically everywhere in the water resources is itself a concern even if the levels in each one are not pushing the health benchmarks,” Mr. Yamin told the Star Tribune.

Atrazine is the second most commonly used agricultural pesticide in the U.S., and the most commonly detected pesticide in rivers, streams and wells. It is linked to endocrine disruption, neuropathy and cancer. An estimated 76.4 million pounds of atrazine are applied in the U.S. annually. Atrazine has a tendency to persist in soils and move with water, making it a very common water contaminant.

Bill VanRyswyk, an Agriculture Department hydrologist who worked on the lake study, explained to the Star Tribune that some of the tested lakes probably became contaminated with herbicides from runoff. Yet the northern lakes that tested positive for atrazine are nowhere near farms. The likely explanation is that atrazine and other herbicides are spread through the atmosphere.

According to Mr. VanRyswyk, pesticides get into the air when they are applied or when wind blows dust from treated fields. Studies by other researchers suggest the chemicals can be transported long distances and fall to earth as dust or in rain. “So it may well be coming in from out of state for those northern lakes,” Mr. VanRyswyk said. He said additional lakes are being tested this year, and state agencies hope to test the original 53 lakes every few years to measure trends in concentrations.

According to the Star Tribune, six of the 46 lakes containing atrazine are in or near the Boundary Waters Canoe Area Wilderness, including two trout lakes in St. Louis and Cook counties. Trout lakes are among the state’s highest-quality waters. The only urban lake tested, Nokomis in Minneapolis, also had trace amounts of atrazine.

Water is the most basic building block of life. Clean water is essential for human health, wildlife, and a balanced environment. According to a Beyond Pesticides report, Threatened Waters: Turning the Tide on Pesticide Contamination, over 50% of the U.S. population draws its drinking water supply from ground water, which includes sources below the earth’s surface, including springs, wells, and aquifers. Once groundwater has been contaminated, it takes many years or even decades to recover, while streams and shallow water sources can recover much more rapidly. Herbicides are found more often in ground water than insecticides, but insecticides in ground water exceed drinking water standards more often than herbicides.

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22
Sep

Pyrethroid Pesticide Affects Puberty at Low Levels

(Beyond Pesticides, September 22, 2008) A study published in the September issue of Environmental Health Perspectives finds that low-dose, short-term exposure to esfenvalerate, a synthetic pyrethroid pesticide, delays the onset of puberty in rats at doses two times lower than U.S. EPA’s stated no observable effect level (NOEL) of 2.0 mg/kg/day. Synthetic pyrethroids are used for everything from lawn care and household insecticides, to mosquito control and agriculture. There are currently 348 pesticide products registered by the U.S. EPA.

The researchers conclude:

“Although the exact mechanism of action is unknown at this time, we observed the effects at dosage levels below the NOEL established through chronic dietary exposure studies in rats. The U.S. EPA (1998) http://www.epa.gov/fedrgstr/EPA-PEST/1998/April/Day-29/p11372.htm stated that â€ËœThere is no evidence of additional sensitivity to young rats or rabbits following pre- or postnatal exposure to esfenvalerate.’ The present study shows that immature female rats exposed to 1.0 mg/kg/day are sensitive to this pesticide, as evidenced by their delay in the onset of puberty. Delayed pubertal onset in humans has been associated with low bone mass density (Ho and Kung 2005), and estrogen is necessary for bone mineral acquisition in both girls and boys (Yilmaz et al. 2005). Importantly, a lowered endogenous estrogen level in females is one factor associated with bone fragility (Hoffman and Bradshaw 2003).

“This could potentially affect current established exposure levels for humans, because the reference dose for [esfenvalerate] of 0.02 mg/kg/day is based directly on the rodent NOEL of 2.0 mg/kg/day.â€

With the phase-out of most residential uses of the common organophosphate insecticides, chlorpyrifos and diazinon, home use of pyrethroids has increased. Pesticide products containing synthetic pyrethroids are often described by pest control operators and community mosquito management bureaus as “safe as chrysanthemum flowers.†While pyrethroids are a synthetic version of an extract from the chyrsanthemum plant, they are chemically engineered to be more toxic, take longer to breakdown, and are often formulated with synergists, increasing potency and compromising the human body’s ability to detoxify the pesticide. Pyrethroids may affect neurological development, disrupt hormones, induce cancer, and suppress the immune system. Researchers at Emory University and the Centers for Disease Control and Prevention (CDC) find that residential pesticide use represents the most important risk factor for children’s exposure to pyrethroid insecticides.

According to Ohio State University, esfenvalerate is one of over 75 commonly used pesticides that are highly or moderately toxic to bees. It has also been used on Christmas trees in North Carolina. Esfenvalerate has replaced fenvalerate, whose uses were voluntarily withdrawn from the market by varfious manufacturers, including The Scotts Company, from 2003 to 2008, although existing supplies can be sold off.

For more information, see Beyond Pesticides’ factsheet on synthetic pyrethroids.

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19
Sep

More Research Links Pesticides to Parkinson’s Disease

(Beyond Pesticides, September 19, 2008) Adding to the body of epidemiologic evidence linking pesticides to Parkinson’s Disease (PD), a recent study shows a correlation between 100 PD patients and the use of the pesticide rotenone. The study was conducted by physicians and researchers at The University of Texas Health Science Center at Tyler (UTHSCT) and an East Texas Medical Center physician.The study’s lead author is Aman Dhillon, MD, MS, assistant professor of occupational and environmental medicine at UTHSCT.

Rotenone is highly toxic to fish and insects, but mildly toxic to warm-blooded animals and humans. It is made from the roots of tropical plants and is used in home gardens and in fisheries management to remove unwanted fish species, said Jeffrey Levin, MD, MSPH, chair of UTHSCT’s Department of Occupational Health Sciences. Dr. Levin is a co-author of the study, published recently in the peer-reviewed Journal of Agromedicine.

A total of 184 people participated in the study: 100 had Parkinson’s disease and 84 did not, though they had other neurological disorders. All were patients of George M. Plotkin, MD, Ph.D., a neurologist with a special interest in Parkinson’s disease. Dr. Plotkin, medical director of the ETMC Movement Disorder Center, treats about 800 patients with Parkinson’s disease. He is a co-author of the study and also a clinical associate professor in UTHSCT’s Department of Occupational Health Sciences. “In this study, people with Parkinson’s disease were 10 times more likely to have used rotenone than individuals in the control group,†Dr. Levin said.

Parkinson’s is a neurodegenerative syndrome, affecting over 1.5 million people nationally, Dr. Plotkin said. There’s a higher incidence of Parkinson’s in certain industries, including farming and petroleum. Because Parkinson’s was first described at the peak of the Industrial Revolution, there has always been a suspicion that it is an “industrial disease,†reflecting the exposure history of those who contract it, he added.

“While epidemiologists have looked at a number of areas in the United States, this study is the first detailed account of exposure history in Parkinson’s patients, in East Texas, as compared with age-matched controls,†Dr. Plotkin said.

“The results are rather striking, and reflect our notion that environmental agents may well affect individuals predisposed to developing the disease. Future research will need to focus on determining how this happens, with the hope that more careful management of hazardous materials will reduce the chances of Parkinson’s disease developing in persons at risk,†he said.

Dr. Plotkin’s patients completed a 17-page questionnaire designed by study investigators about their everyday life, work history, and habits, as well as their current and past use of various pesticides. Each individual in the study was at least 50 years old and had lived in Northeast Texas for at least five years. If they had Parkinson’s, they had first been diagnosed with it at least five years ago.

Though pesticide use has been linked to Parkinson’s disease, this is one of the first studies to show a possible correlation between a specific pesticide — rotenone — and Parkinson’s disease in humans, Dr. Dhillon said. The study also revealed a weaker link between other pesticides and Parkinson’s disease. For example, people with Parkinson’s disease were twice as likely to have used pesticides with chlorpyrifos, such as Dursban, than individuals in the control group. Dursban and similar pesticides were banned by the U.S. Environmental Protection Agency in 2000 because of their potential to harm the developing brain and nervous system in children.

“It seems to be a combination of genes and environment that causes the development of Parkinson’s disease. This study examined one of many factors that may cause Parkinson’s,†Dr. Levin said. “Part of the role of public health is to identify the risk factors for disease. If we can identify them, then people can avoid risk factors such as rotenone and hopefully prevent the disease.”

Rotenone has been the subject of some debate before, including its use as a piscicide in California and being linked in previous studies to Parkinson’s. It is also toxic to nontarget species and further research could tie it more closely with Parkinson’s than it already is.

“The next step is to verify the results of this study. We think there’s potential to do a broader study examining more risk factors, with more individuals,†Dr. Levin said.

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18
Sep

Properly Managed Roadsides Support Native Bee Populations

(Beyond Pesticides, September 18, 2008) New research in the forthcoming issue of Biological Conservation reveals that roadsides maintained “conventionally†with the use of herbicides, non-native fast-growing grasses and frequent mowing support less native bee diversity and abundance than roadsides restored with native plants. Focus on the importance of native bees has increased in light of the recent honeybee crisis. Roadsides restored to native plants could serve as valuable protective corridors of native pollinators, which are threatened by pesticide use and habitat fragmentation.

Jennifer Hopwood, PhD, the author of “The contribution of roadside grassland restorations to native bee conservation,†performed the research in Kansas, where a very small amount of unplowed prairie remains. The intensification and spread of agriculture has reduced the availability of suitable nesting sites, particularly for ground-nesting bees, and has limited food sources as a result of reduced floral diversity. Dr. Hopwood found more than twice the bee abundance in roadsides with native plants and increased bee diversity. The restored roadsides have 79 species of bees, whereas the conventionally managed roadsides only have 53. Roadsides in Kansas account for more than 650,000 acres of continuous corridors, which, if restored to native plants, could add significantly to viable bee habitat.

In addition to struggling as a result of reduced floral resources/food sources due to herbicide use, the introduction of non-native grasses and agricultural intensification, bees are extremely sensitive to insecticides in numerous chemical classes. The use of insecticides and herbicides has been implicated in global pollinator decline.

Bees are the most significant taxon of pollinators, and there are over 4,000 species of native bees in North America. Although honeybees are often given the bulk of the credit for pollination of agricultural crops, recent research has shown the significance of wild bees’ contribution to pollinating the food we eat. A study in New Jersey and Pennsylvania reports that the majority of flower visitation in watermelon and tomato is from wild bees, despite the fact that 64% of farmers in the study rented honeybees.

The management of rights-of-way such as roadsides, railroad lines and power lines often involves herbicide use, even though alternatives exist. The restoration of roadsides with plants native to the region is one way to reduce herbicide use, save fossil fuels (less mowing required) and help support a diverse and abundant pollinator community.

In addition to encouraging departments of transportation to adopt roadside restoration of native plants, individuals can encourage native bee populations at home. For more information on creating suitable nesting grounds and planting appropriate plants, visit the Xerces Society’s website.

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17
Sep

Testicular Defects in Newborns Linked to Prenatal Chemical Exposure

(Beyond Pesticides, September 17, 2008) A new study has found a link between total chemical contamination in the bodies of pregnant women and the risk of cryptorchidism in their male babies. Mothers whose babies were born with the defect had the highest concentrations of persistent organic pollutants (POPs), mostly organochlorines like PCB and DDE, in their breast milk.

The study, entiltled “Cryptorchidism at birth in Nice area (France) is associated with higher prenatal exposure to PCBs and DDE, as assessed by colostrum concentrations,†and published in the journal Human Reproduction, compared prebirth exposure to chemicals, as measured through their mother’s milk, and the risk of undescended testicles or cryptorchidism, during a three-year period. 164 mother/infant pairs were used and within 3-5 days of delivery, the researchers collected samples of colostrums, or “first milk†from the mother. Colostrum is a form of breast milk that is produced late in pregnancy and immediately after birth before the more creamy milk comes in. It is used as a proxy for what was circulating in the mother’s body and in her fetus during pregnancy. The colostrum was analyzed for three different chemical pollutants including seven polychlorinated biphenyls (PCBs), dichloro-diphenyl-trichloro-ethylene (DDE) and dibutyl phthalate (DBP). Umbilical cord blood was also measured.

While all subjects in the study had detectable levels of these chemicals in either their blood or breast milk, the researchers found that mothers in the highest exposure group for PCBs and DDE in breast milk had two-fold greater odds of giving birth to a boy baby with cryptorchidism, as compared to moms with low to medium exposure. DBP did not appear to be associated with an increased risk of cryptorchidism, but four boys whose mothers had high exposures to DBP in their jobs were born with the defect. While this number is too small to be significant statistically, researchers found it to be an interesting observation.

These findings complement a host of other studies which have associated prenatal chemical exposures to a series of birth defects. The occurrence of cryptorchidism indicates that testosterone production and/or hormone signaling conditions in the womb have gone awry. Both of these conditions are related to sperm production and the risk of testicular cancer later in life. Cryptorchidism is seen in about 3% of male full-term births, 30% of premature births and is one cause of male infertility.

Results like these emphasize the long term and destructive effects persistent chemicals can have on human populations. DDT (the precursor to DDE) and PCBs have been banned is much of the world for several decades. However, like other POPs, they continue to circulate in the environment, accumulate in the food chain and contribute to health problems, such as the reproductive abnormalities observed in this study. These chemicals accumulate in fatty tissue and humans are exposed via meat, fish and dairy products. These persistent pollutants have also been linked to childhood obesity, non-Hodgkin’s Lymphoma, and cancer, among others.

Although exposures to these chemicals can be correlated to adverse health effects, they are also indicators of a much wider problem; exposures to mixtures of chemicals are negatively influencing hormones and fetal development in humans.

Source: Environmental Health News

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16
Sep

Initiative Improves Pest Management in Boston’s Public Housing

(Beyond Pesticides, September 16, 2008) Responding to grassroots pressure highlighting the impact of pests and pesticides on public health, the Boston Public Housing Authority (BHA) is promoting integrated pest management (IPM) through its Healthy Pest Free Housing Initiative Project (HPFHI) in the city’s public housing facilities. The program, which was launched after the Committee for Boston Public Housing, a tenant rights group, began looking into the connection between respiratory health, asthma and housing conditions in 1995, is now proving successful.

“The project’s goal is to provide intensive in-home and community-based education designed to change individual and community practices regarding pest control and the use of pesticides,†explains John Kane, IPM coordinator and planner for the Boston Housing Authority (BHA). Mr. Kane says that there has been up to a 75 percent reduction in work orders dealing with pests and a huge increase in the quality of life for the residents.

Over 1,000 BHA households in eight developments have received in-home and community-based support and education to encourage integrated pest management practices that focus on prevention and use “least toxic†pesticides only as a last resort. BHA hopes to make the project sustainable and expand their efforts into additional developments. “People are beginning to see they no longer have to live with their pest problems. They feel empowered by being able to take control of their pest problems and their health,†says Mr. Kane.

The HPFHI project has moved the standard pest management practice from routinely spraying pesticides in an entire complex to inspections and an integrated management plan. Prevention is emphasized, and tactics such as sealing up cracks and crevices, cutting off water supply, and removing habitat are all steps that are taken once unit is vacated and during yearly unit inspections. Insecticide gels are used as a last resort. While environmentalists note that the plan is a vast improvement, Beyond Pesticides cautions that not all baits and gels are created equal. To learn more about the volatility of commonly used pesticides, see the article, “How Safe Is Your Bait?†from the Winter 2007-08 issue of Pesticides and You.

According to BHA, at the beginning of the project every home tested showed evidence of at least one pesticide that has either been banned or restricted to non-residential use. Nearly 50 percent had cockroach allergen levels in excess of asthma sensitivity exposure.

Teams of IPM health advocates are providing outreach and in-home education in eight BHA developments involved in the project. “Our team trains the residents in IPM, and we also utilize a train-the-trainer approach in which people are trained to provide education about IPM to newly arriving residents during their orientation,†said Mr. Kane. The Boston Public Health Commission has also developed informational brochures and posters in multiple languages that can be used in public housing situations and beyond.

To enhance their educational efforts, a “pesticide buyback†occurs twice a year and gives residents an opportunity to trade unused pesticides for safer products and provides another opportunity for health advocates to connect with residents. “Buybacks are scheduled to coincide with Boston’s biannual residential hazardous waste collection. So far, this project has collected a wide array of pesticides including over the counter sprays and bombs, as well as restricted use pesticides that by law can only be applied by a licensed professional,†Mr. Kane explains.

HPFHI is also working towards translating project findings into proposed policies. At the state level, the Massachusetts Public Health Association will educate its members about IPM, support IPM advocacy and provide training for community health workers. In addition, the Asthma Regional Council is developing a handbook and kit on IPM for building managers and promoting it to the 375 housing authorities in New England. A similar tool will be aimed at health plans interested in home environmental assessments, education and supplies.

Although programs like Boston’s HPFHI are seeing some success, asthma and other respiratory illnesses remain a huge problem in the U.S. Since the mid-1980s, asthma rates have skyrocketed to epidemic levels, particularly in young children. In the U.S. alone, around 16 million people suffer from asthma. Asthma is a serious chronic disorder of the lungs characterized by recurrent attacks of bronchial constriction, which cause breathlessness, wheezing, and coughing. Asthma is a dangerous, and in some cases life-threatening disease. Researchers have found that pesticide exposure can induce a poisoning effect linked to asthma. For more information see Beyond Pesticides’ Asthma, Children and Pesticides brochure.

Partners in the project include the Boston Public Health Commission, Committee for Boston Public Housing, West Broadway Task Force, Boston University School of Public Health, and local, state, and regional policy and advocacy organizations. W. K. Kellogg Foundation and the Environmental Protection Agency fund the project, which affects over 23,000 public housing residents.

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15
Sep

Lawsuit Challenges Requirement to Treat Raw Almonds with Toxic Fumigant

(Beyond Pesticides, September 15, 2008) One year after the USDA’s new regulation requiring raw almonds be treated with propylene oxide, a toxic fumigant recognized as a carcinogen by the U.S. EPA, went into effect, a group of fifteen American almond growers and wholesale nut handlers filed a lawsuit in the Washington, D.C. federal court on September 9th seeking to repeal the controversial USDA-mandated treatment program for California-grown raw almonds. The almond farmers and handlers contend that their businesses have been seriously damaged and their futures jeopardized by the requirement that raw almonds be treated with propylene oxide or steam-heated before they can be sold to American consumers. Foreign-grown almonds are exempt from treatment. They hope for a favorable decision in time to protect this year’s almond harvest.

“The USDA’s raw almond treatment mandate has been economically devastating to many family-scale and organic almond farmers in California,” said Will Fantle, the research director for the Wisconsin-based Cornucopia Institute. Cornucopia has been working with almond farmers and handlers to address the negative impacts of the USDA rule, including the loss of markets to foreign nuts. They also contend that the USDA requirement lacks scientific justification, does not address the unsustainable methods used on the industrial-scale almond orchards where the only two documented Salmonella outbreaks have occurred, and is misleading as the treated almonds can still be deceptively labeled as “raw.â€

The USDA, in consultation with the Almond Board of California, invoked its treatment plan on September 1, 2007 alleging that it was a necessary food safety requirement. Salmonella-tainted almonds twice this decade caused outbreaks of food related illnesses. USDA investigators were never able to determine how salmonella bacteria somehow contaminated the raw almonds that caused the food illnesses but they were able to trace back one of the contaminations, in part, to the largest “factory farm,” growing almonds and pistachios on over 9000 acres.

The lawsuit contends that the USDA exceeded its authority, which is narrowly limited to regulating quality concerns in almonds such as dirt, appearance and mold. “The fact that almond growers were not permitted to fully participate in developing and approving this rule undermines its legitimacy,” said Ryan Miltner, the attorney representing the almond grower lawsuit plaintiffs. And even if the USDA sought to regulate bacterial contamination, Mr. Miltner argues that the questionable expansion of USDA authority demanded a full evidentiary hearing and a producer referendum, to garner public input -neither of which were undertaken by the USDA.

“For those of us who are interested in eating fresh and wholesome food, the USDA’s plan, to protect the largest corporate agribusinesses against liability, amounts to the adulteration of our food supply,” said Jill Richardson, a consumer activist.

Besides being a human carcinogen, propylene oxide is also believed to be a developmental, neuro- and reproductive toxicant. According to a propylene oxide document listed on the NIEHS website, “Consumer exposure may occur through ingestion of propylene oxide residues in foods from its use as an indirect food additive.†Yet it is not registered for use as a food processing agent in many parts of the world, including most of Europe, Africa, Asia, and Canada due to its toxicity.

Propylene oxide can also be an inert, or other, ingredient in commonly used pesticide products. “Inert†refers to ingredients in a pesticide formulation that have been added to the active ingredient to serve a variety of functions, such as acting as solvents, surfactants, or preservatives. However, the common misconception is that “inert†ingredients are physically, chemically, or biologically inactive substances. EPA has stated that “many consumers have a misleading impression of the term â€Ëœinert ingredient,’ believing it to mean water or other harmless ingredients.†Because inerts are not “active†ingredients, they do not have to appear on label and are considered proprietary information on the part of the manufacturers. However, their supposed inactivity or inertness belies the fact that these ingredients frequently pose serious health risks of their own, and commonly make up the majority of the volume of a pesticide. The continued exemption on these inert ingredients highlights a flaw with the regulatory process for both active and inactive ingredients in pesticides.

The Cornucopia Institute suggests some alternatives to the rule, such as: (1) allowing for and clearly labeling unpasteurized almonds, effectively warning consumers of potential risk for food contamination while at the same time protecting consumer choice, and (2) exempting small-scale and organic almond growers and handlers — since they have never been a documented source of Salmonella or other contamination.

For more information, see www.cornucopia.org. For information on organic agriculture, see Beyond Pesticides’ Organic Food program page.

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12
Sep

Report Highlights Need to Assess Hazards of Nanotechnology

(Beyond Pesticides, September 12, 2008) Widespread use of nanoscale silver will challenge regulatory agencies to balance important potential benefits against the possibility of significant environmental risk, highlighting the need to identify research priorities concerning this emerging technology, according to a new report released this week by the Project on Emerging Nanotechnologies (PEN). However, existing information about the impact of silver on the environment offers a starting point for some assessments of nanosilver, the report argues.

The issue of assessing the risks posed by nanoscale silver was highlighted after the Environmental Protection Agency’s (EPA) San Francisco office earlier this year imposed a landmark fine of over $200,000 on a California company selling computer keyboards and mouses coated with nanosilver. EPA issued the fine on the grounds that the products should have been registered under federal pesticide law because of the company’s germ-killing claims. In May, a coalition of groups also petitioned that EPA regulate nano products as pesticides.

Similar fines have not been imposed since, but the action is increasing attention on the potential risks posed by nanoscale silver and oversight of nanotechnology as a whole. There currently are more than 200 manufacturer-identified nanosilver products on the market and contained in the online nanotechnology consumer products inventory maintained by PEN – everything from baby carriages and air filters to athletic socks and coin-operated washing machines.

Silver itself is classified as an environmental hazard by EPA because it is more toxic to aquatic plants and animals than any metal except mercury. Even if a nanoparticle itself is not especially toxic, silver nanoparticles increase the effectiveness of delivering toxic silver ions to locations where they can cause toxicity.

“We need not assume that because nano is new, we have no scientific basis for managing risks,†says Dr. Samuel N. Luoma, the author of the PEN report, which also offers a dozen lessons concerning silver in general that can be followed for managing the potential environmental risks posed by nanosilver. “Our existing knowledge of silver in the environment provides a starting point for some assessments, and points toward some of the new questions raised by the unique properties for nanoparticles that need to be addressed through new research.â€

The mass of silver dispersed to the environment from new products could be substantial if one product, or a combination of such products, becomes widespread. Some products, when washed, readily release nanoparticles into water, providing an easy outlet to the environment.

“The silver that went into wastewaters when millions of people had their photographs developed taught us that small additions of silver to the environment make a big difference,†says Dr. Luoma, a former senior researcher with the U.S. Geological Survey who now leads science policy coordination for the John Muir Institute of the Environment at the University of California, Davis. “Perhaps more significant, we have no means of detecting nanosilver in the environment once it is released, even if concentrations rise to levels that are toxic to aquatic ecosystems.â€

The U.S. federal government has invested only a small percentage of its overall nanotechnology research funding in understanding the risks posed by nanomaterials, according to an analysis conducted earlier this year by PEN, further highlighting the need for more research on the potential risks posed by nanomaterials.

“Silver is an old problem, and nanosilver is a new challenge. The scope of the new challenge is not yet clear because it is uncertain how much nanosilver is now used as an antimicrobial in commercial and consumer products, and because new uses are likely to be discovered in the future,†says J. Clarence Davies, a PEN senior adviser and a former EPA policy official. “Regardless of the scope of the nanosilver problem, it underscores the need for more risk research and new approaches to oversight to deal with new technologies and problems of the new century.â€

A year ago, a coalition of groups released Principals for the Oversight of Nanotechnologies and Nanomaterials, which cautions against the proliferation of nano products into the marketplace.

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11
Sep

Hearing Begins in North Carolina Pesticide Violations Case

(Beyond Pesticides, September 11, 2008) The North Carolina Pesticide Board has begun hearing evidence in a case from 2004 over suspected pesticide violations that were investigated after three female Ag-Mart farmworkers gave birth to babies with severe birth defects. In 2006, the family of Carlos Herrera Candelario, who was born without arms or legs, sued Ag-Mart over illegal pesticide exposure resulting in the boy’s birth defects. The case was settled out of court, with Ag-Mart agreeing to pay the medical expenses of the boy for life and provide him with a permanent income, but insisting that the settlement was not an admission of guilt. The current hearing will look at whether Ag-Mart’s farm manager, Jeff Oxley, is indeed guilty of over 200 violations, including forcing workers into the field too soon after dangerous pesticides were applied.

The hearing is significant because the company insists that adequate practices are and have been in place to ensure workers are not exposed to pesticides, even though the testimony of Ag-Mart employees runs counter to this claim. This hearing could do a great deal to elucidate the truth about farmworker pesticide exposure, an important issue for the thousands of workers who plant and harvest our food and their families throughout the country. As detailed in the report Fields of Poison 2002, about California’s farmworkers, pesticide poisonings are drastically underreported and farmworkers and their families are the most at-risk group for exposure to a variety of toxic chemicals used in agriculture. More protections for farmworkers are necessary, and a case such as this has the potential to illuminate the severity of the issue.

In August, prompted by this case, North Carolina adopted a new law intended to protect workers from retaliation if they report pesticide violations. The new law also requires more detailed record keeping of pesticide applications. Ag-Mart claims that the charges against the company are a matter of the Pesticide Board’s misreading of their records. They have since stopped using five pesticides known to cause birth defects. This case has already brought about important changes in the law, but up until now, Ag-Mart has not been held accountable for what appear to be flagrant pesticide violations. This hearing could be an important step forward for farmworker protection and toward holding corporations accountable for their practices. Ultimately, however, in order to eliminate toxic pesticide exposure for farmworkers and consumers, toxic pesticides themselves must be eliminated.

Sources: WRAL News, News Observer

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10
Sep

Oregon To Set New Water Quality Standards for Seven Pesticides

(Beyond Pesticides, September 10, 2008) Following the report released by the National Marine Fisheries Service that identified 37 pesticides that pose risks to salmon and steelhead, Oregon state officials are moving ahead to set new safety benchmarks for seven pesticides of priority concern.

A team from the Oregon Water Quality Pesticide Management Program identified seven priority hazardous pesticides: azinphos-methyl, chlorpyrifos, dacthal, diazinon, endosulfan, simazine and ethoprop, based on water-quality monitoring in five Oregon watersheds, including the Pudding River near Salem, as well as the Clackamas, Yamhill, Hood and Walla Walla watersheds. Three pesticides, azinphos-methyl, diazinon and chlorpyrifos have been detected at concentrations that exceed federal aquatic criteria in the Clackamas River Basin (See report here). Chlorpyrifos was detected at maximum levels more than twice the federal standard.

The National Marine Fisheries Service report on the ecological damage associated with pesticide use reveals “overwhelming evidence†to suggest that 37 pesticides, including these seven, increase the chance of extinction for protected salmon and steelhead.

The state is now turning to its own team of experts to set stringent benchmarks based on existing research on these chemicals of concern. Generally the U.S. Environmental Protection Agency (EPA) is charged with developing water quality standards as part of its registration process, however a significant time lag exists between the time the product goes on the market and the setting of final in-stream standards.

According to Kevin Masterson, the agency toxics coordinator with the State’s Department of Environmental Quality (DEQ), a pesticide might be on the market for 20 or 30 years before the EPA’s water division finishes reviewing its effect. For example, the final in-stream standard for diazinon- one of the seven pesticides detected- was not set until it was already banned for household use because of risks to humans, birds and fish. Diazinon is still cleared for agricultural use but could still face restrictions.

“The EPA and the states around the country don’t have standards for the majority of current-use pesticides. More standards exist for drinking water, but there still are more pesticides without standards than those with them,†Mr. Masterson said.

Despite the time gap for water quality standards, states are encouraged to develop benchmarks from a list of pesticides of concern. Unlike EPA standards, benchmarks do not have the enforcement power or require public review. These benchmarks will be designed to help state agencies better understand and explain to the public and pesticide applicators when there is a problem with pesticide concentrations in surface and ground waters. An example of a benchmark can include: 10 parts per billion concentration [of named pesticide] in waters can lead to salmon decline or increase the risk of cancer.

“You can do all the monitoring in the world, but without benchmarks, it doesn’t mean much,” said Steve Riley, an Oregon Department of Agriculture water issues specialist and team member.

Once benchmarks are established, the team of officials will begin working with farmers, nursery growers and other pesticide users to reduce pesticide runoff starting with a pilot project in the Clackamas River Sub-Basin near Portland, Oregon. The program is also evaluating a list of seven relatively newer pesticides such as 2,4-D and glyphosate for possible inclusion in the list as part of an ongoing evaluation of pesticides. The state’s DEQ is also increasing the number of pesticides it tests for in Oregon waters and lowering the level at which they register to give an even clearer picture of what pesticides are showing up at potentially risky levels.

Beyond Pesticides has long criticized EPA’s flawed risk assessment process that does not consider all aspects of potential harm to human health and the environment and that allow dangerous pesticides to be registered without having met all of their data requirements.

Aimee Code with the Northwest Coalition for Alternatives to Pesticides applauds the team’s approach to educate pesticide users to reduce runoff rather than replacing one pesticide with another. “There have been wonderful collaborative efforts around the state to solve these problems,” she said. “It’s a wonderful step in the right direction.”

Source: Statesman Journal

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09
Sep

Take Action: Help Stop Rollback of Critical Organic Funding

(Beyond Pesticides, September 9, 2008) The U.S. Senate is proposing to cut $2 million per year from the Organic Agriculture Research and Extension Initiative (OREI), the U.S. Department of Agriculture’s premier organic research program, and the Bush Administration is threatening to cut a whopping $8 million, according to the Organic Farming Research Foundation. The move comes after months of grassroots pressure recently delivered a much-needed fivefold increase in mandatory OREI funding, from $15 to $78 million over the next five years, in the 2008 Farm Bill.

Beyond Pesticides has long supported organic methods as the solution to pesticide pollution, with organic agriculture being the centerpiece of the conversion necessary to protect human health and the environment, including slowing global warming. Data shows that organic agriculture sequesters atmospheric carbon while chemical-intensive practices are a major contributor to carbon loading. In addition, the reduced pressure on global warming associated with organic agriculture occurs through the drastic reduction in fossil fuel usage (approximately 75% less than conventional agriculture) as well as the significant increase in carbon sequestration in the soil (approximately 1000 lbs. of carbon per acre). See Beyond Pesticides’ organic page.

Let the Appropriations Committees Congress know that it is essential to expedite the transition to organic agriculture in the U.S. and research funds are an essential tool. Tell members of the committees to keep funding for OREI at the level mandated in the Farm Bill — $18 million for 2009.

The Organic Agriculture Research and Extension Initiative funds highly critical research important to the improvement of organic farming systems. While the organic share of the retail food market is currently about 4%, total USDA spending for organic agriculture research and education was just over 1% of all of the department’s research and education spending in FY2007. The increase in the 2008 Farm Bill still falls short of a fair share for organic research and education, but it is a strong down payment towards achieving that goal.

Organic agriculture embodies an ecological approach to farming that does not rely on or permit toxic, synthetic pesticides, chemical fertilizers, genetically modified organisms, antibiotics, sewage sludge, or irradiation. Instead of using these harmful products and practices, organic agriculture utilizes techniques such as cover cropping, crop rotation, and composting to produce healthy soil, prevent pest and disease problems, and grow healthy food and fiber.

Organic agriculture research is crucial in giving farmers the tools and information they need to address production challenges, improve farming systems, and ultimately meet the growing consumer demand for organic products.

Beyond Pesticides supports organic agriculture as effecting good land stewardship and a reduction in hazardous chemical exposures for workers on the farm. The pesticide reform movement, citing pesticide problems associated with chemical agriculture, from groundwater contamination and runoff to drift, views organic as the solution to a serious public health and environmental threat.

Ensure that the Organic Agriculture Research and Extension Initiative remains fully funded in the FY09 Budget. Ask Congress to keep funding for the Organic Agriculture Research and Extension Initiative at the level mandated in the Farm Bill – $18 million for 2009.

Take Action
It is helpful for you to send a unique message to your member of Congress (House and Senate Appropriations Committee members) even if it is short and precisely explains that you would like to see full funding for organic research to assist in the broader transition to organic agriculture. Longer messages can rely on talking points provided by Organic Farming Research Foundation (OFRF).

1) Call or fax the members of the Senate Appropriations Committee who come from your State. The members are listed at: http://appropriations.senate.gov/members.cfm. If you click on the Senators website link, you will find on their homepage a link to email them directly.

2) Call or fax the members of the House Appropriations Committee who come from your State. The members are listed at: http://appropriations.house.gov/members110th.shtml. If you click on the U.S. Representative’s website link, you will find on his/her homepage a link to email them directly.

3) If you prefer, after identifying your Member of Congress, you can call the U.S. Capitol Switchboard at 202-224-3121 or toll-free at 866-340-9281, ask to be transferred and leave a voice message.

With each person, ask to speak to the staffer who handles appropriations. If you get their voice mail, leave the following message, or something in your own words that makes the same points:

MESSAGE: My name is ____. I am a constituent [or live in your state]. I would like to see full funding for organic research to assist in the broader transition to organic agriculture. This funding is critical to farmers’ livelihood, consumer access to organic food, farming methods that are protective of the environment and those who work on the farm. Please support full funding ($18 million for 2009) for the Organic Agriculture Research and Extension Initiative, as authorized by Congress in the 2008 Farm Bill.

For more information on organics, visit Beyond Pesticides Organic Food program page.

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08
Sep

Arsenic Exposure Linked to Diabetes

(Beyond Pesticides, September 8, 2008) Inorganic arsenic may increase the risk of developing type 2 diabetes, according to a study published in the Journal of the American Medical Association by researchers at the Johns Hopkins Bloomberg School of Public Health. Common sources of inorganic arsenic exposure include dietary exposure, drinking water pollution, and contamination associated with arsenic wood preservatives such as sawdust, smoke, direct contact, and hazardous waste sites. The study found that individuals with diabetes have higher levels of arsenic in the urine compared to individuals without diabetes. Researchers examined randomly selected urine samples taken from 788 U.S. adults 20 years or older that participated in a 2003-2004 National Health and Nutrition Examination Survey. The results were adjusted for diabetes risk factors, including body mass index and for organic arsenic compounds found in seafood.

“Our findings suggest that low levels of exposure to inorganic arsenic may play a role in diabetes,†said Ana Navas-Acien, MD, PhD, lead author of the study and assistant professor with the Bloomberg School’s Department of Environmental Health Sciences. “While prospective studies are needed to establish whether this association is causal, these findings add to the existing concerns about the long-term health consequences of low and moderate exposure to inorganic arsenic.â€

Dietary intake of inorganic arsenic in the U.S. ranges from 8.4 to 14 micrograms per day for various age groups. According to the United States Geological Survey (USGS), approximately 34,000 metric tons of arsenic were consumed in the U.S. in 2000. A 2004 study by researchers from the National Institutes of Health and the U.S. Department of Agriculture (USDA), found a high concentration of arsenic in young factory-farmed chicken. Small amounts of arsenic are added to chicken feed as a USDA approved supplement that controls intestinal parasites and is consequently transferred into the meat of the animals. (USDA-certified organic chicken it does not contain arsenic.) Foods, such as flour and rice, can also provide small quantities of inorganic arsenic, particularly if grown or cooked in areas with arsenic contamination in soil or water.

In the U.S., approximately 13 million people live in areas where the concentration of inorganic arsenic in the public water supply exceeds standards established by the U.S. Environmental Protection Agency (EPA), primarily in the West, Midwest and Northeast regions. The authors concluded that given widespread exposure to inorganic arsenic from drinking water worldwide, clarifying the contribution of arsenic to the diabetes epidemic is a public health research priority with potential implications for the prevention and control of diabetes.

EPA began investigating pesticides containing inorganic arsenicals back in 1978 because of concerns that this family of chemicals presented risks of cancer, genetic mutation, and birth defects. In that review, EPA separated the use of inorganic arsenicals as wood preservatives from all other uses. In 1988, the agency banned almost all uses of nonwood-preservative pesticide products containing inorganic arsenicals because EPA determined that arsenic posed an unacceptable risk to workers and others exposed to arsenic. Yet, according to the Pesticide Action Network Pesticides Database http://www.pesticideinfo.org, there are five nonwood-preservative pesticide products containing the active ingredient arsenical acid and two products containing the active ingredient arsenic trioxide that are still registered for use by EPA today.

The inorganic arsenical wood preservative chromated copper arsenate (CCA) is still in use. Although, as of January 2004, most residential uses of this arsenic-based wood preservative can no longer be manufactured for decks and patios, picnic tables, playground equipment, walkways/boardwalks, landscaping timbers, or fencing- already existing residential CCA-treated wood and structures may continue to be sold and used. Industrial uses, such as utility poles, continue to be manufactured and put workers and the public at risk. The major source of contamination in surface waters and groundwater is wastewater from wood preserving facilities. Individuals living or working near wood preserving facilities are exceptionally susceptible to being exposed to surface water or groundwater, increasing their exposure and risk. These preservatives are also known to leach from previously treated wood. Children are also at risk if they put their unwashed hands in their mouths after touching soil or wood that is contaminated with these preservatives. As a result, public and environmental health continues to be compromised.

Arsenic has been linked to other health effects for decades. For example, arsenic is a known human carcinogen. Several studies have shown that inorganic arsenic can increase the risk of lung, skin, bladder, liver, kidney, and prostate cancer. The International Agency for Research on Cancer (IARC), the U.S. Department of Health and Human Services (DHHS) and EPA have determined that inorganic arsenic is a human carcinogen based on sufficient evidence from human data. High levels of arsenic in the body can also cause vomiting, diarrhea, blood vessel change, or death and can damage many tissues including nerves, stomach and intestines.

This is not the first time pesticides have also been link to an increased risk of diabetes. A 2008 study by the National Institutes of Health (NIH), including the National Institute of Environmental Health Sciences (NIEHS) and the National Cancer Institute (NCI), finds pesticide applicators with regular exposure to pesticides to be at a greater risk of type-2 diabetes. The study shows specific pesticides produce between a 20 and 200 percent increase in risk. Researchers looked at data from 31,787 pesticide applicators in North Carolina and Iowa over a period of five years. In that period, 1,171, or 3.7 percent, had developed diabetes, particularly for applicators in the highest category of lifetime days of use of any pesticide. The greatest risk was associated with the chlorinated compounds aldrin, chlordane, heptachlor, dichlorvos, trichlorfon, alachlor, and cyanazine. Another study from this year from University of Cambridge scientists studied the role that persistent organic pollutants (POPs), including pesticides, play in the risk of adult onset diabetes, as did a study in 2007 that looked at diabetic individuals who live close to hazardous waste sites containing POPs.

For information about arsenic treated wood, including how to identify it, limit your families arsenic exposure and use less toxic alternative materials, see Beyond Pesticides factsheet and Wood Preservatives program page.

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05
Sep

Bayer Pesticide Plant Explosion Reveals Shaky Safety Record

(Beyond Pesticides, September 5, 2008) On the night of August 28, a pesticide waste tank exploded at Bayer’s Institute, West Virginia plant. One worker was killed, another injured, and the blast was heard in Mink Shoals, more than ten miles away. Despite individual accounts of the resulting air pollution, Bayer officials assured the public that no chemicals had escaped the plant. An investigation of Bayer’s safety history and the area’s emergency response reveals a shaky safety record..

The tank involved in the explosion contained waste products from the production of Bayer’s insecticide, thiodicarb, which is banned in the European Union. Included in those were methyl isobutyl ketone (MIBK), hexane, methomyl, and dimethyl disulfide, all of which are acutely toxic to humans. According to chief of homeland security and emergency response for the state Department of Environmental Protection, Mike Dorsey, “The thing that blew up was the least dangerous of the stuff that’s there.”

Jeannie Young, who lives near the plant, said that following the blast, “My daughter and I have headaches.” When taking her dogs outside half an hour following the explosion, “They acted really funny. They wanted to come right back in the house.” In spite of a noticeable odor and reactions like Ms. Young’s, Mr. Dorsey said, “People should not be concerned about coming outside.”

In response to the explosion, officials closed Interstate 64, U.S. 60, and state Route 25 and ordered a shelter in place, but a conflicting rumor of an evacuation also circulated. Complicating the issuance of emergency instructions was an initial lack of information from the plant. Kanawha County Commission president Kent Carper said, “We are getting such poor information from the plant, it’s worthless,” and County Commissioner Henry Shores said the county relies on advice on chemicals to come from the companies themselves. “We follow their lead really,” he said.

The Institute plant, formerly owned by Union Carbide, also produces methyl isocyanate (MIC), the chemical involved in the sister plant’s deadly leak in Bhopal, India that killed at least 3500 people in December 1984 and is linked to the death and maiming of tens of thousands of people since then. MIC is an intermediate chemical in the production of the insecticide carbaryl (Sevin). The Institute plant currently stores more than four times the amount of MIC than that which leaked in Bhopal. In 1994, then-owner of the plant, Rhone-Poulenc Ag Co., estimated that a worst-case leak of the MIC stockpile could kill people in a 10-mile radius of the plant. Today, almost 26,000 people live within just three miles of the plant.

In the wake of this explosion, teams of inspectors from the Occupational Safety and Health Administration (OSHA) and the federal Chemical Safety Board have arrived to reevaluate Bayer’s safety measures. In OSHA’s latest examination, “We found serious issues related to process safety,” said assistant area director Prentice Clay. “There were some significant deficiencies.” Since 2005, OSHA has issued eight serious and two willful citations to Bayer following a plant inspection.

Philipp Mimkes, spokesman for the Coalition Against Bayer Dangers (CBG), said, “Bayer managers have often enough downplayed the risks of the Institute plant. Bayer has to make clear which amounts of which substances escaped into the air. We repeat our demand that MIC and phosgene stockpiles at Institute have to be dismantled. The explosion once more shows that the neighborhood of the plant is constantly endangered.” CBG has posted a partial list of accidents at the Institute plant, including a small MIC leak in 1997.

Sources: CNN, The State Journal, The Charleston Gazette, Huntington News, CBG

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04
Sep

Federal Court Upholds Ban on Genetically Engineered Alfalfa

(Beyond Pesticides, September 4, 2008) On September 2, 2008, the U.S. Court of Appeals for the Ninth Circuit upheld a nationwide ban on the planting of genetically-engineered (GE) Roundup Ready alfalfa pending a full Environmental Impact Statement (EIS). The Court determined that the planting of genetically modified alfalfa can result in potentially irreversible harm to organic and conventional varieties of crops, damage to the environment, and economic harm to farmers. Beyond Pesticides is a co-plaintiff in the lawsuit.

Although the suit (Geertson Seed Farms, et al. v. Johanns) was brought against U.S. Department of Agriculture (USDA), Forage Genetics and Monsanto entered into the suit as Defendant-Intervenors. In her opinion, Circuit Judge Mary M. Schroeder held that, “Monsanto and Forage Genetics contend that the District Court disregarded their financial losses, but the district court considered those economic losses and simply concluded that the harm to growers and consumers who wanted non-genetically engineered alfalfa outweighed the financial hardships to Monsanto and Forage Genetics and their growers.â€

“This ruling affirms a major victory for consumers, ranchers, organic farmers, and most conventional farmers across the country,†said Andrew Kimbrell, executive director of the Center for Food Safety, lead plaintiff and counsel in the lawsuit. “Roundup Ready Alfalfa represents a very real threat to farmers’ livelihoods and the environment; the judge rightly dismissed Monsanto’s claims that their bottom line should come before the rights of the public and America’s farmers. This ruling is a turning point in the regulation of biotech crops in this country.â€

The decision upholds U.S. District Court Judge Charles Breyer’s May 2007 ruling, in which he found that the USDA failed to address concerns that Roundup Ready alfalfa will contaminate conventional and organic alfalfa. Judge Breyer specifically noted that Monsanto’s fear of lost sales “does not outweigh the potential irreparable damage to the environment.†Judge Schroeder’s decision affirms that USDA violated national environmental laws by approving GE alfalfa without a full Environmental Impact Statement. It also affirms that USDA failed to address the problem of Roundup-resistant “superweeds†that could follow commercial planting of GE alfalfa.

In addition to Beyond Pesticides, the Center for Food Safety represented the following co-plaintiffs and itself in the suit: Western Organization of Resource Councils, National Family Farm Coalition, Sierra Club, Cornucopia Institute, Dakota Resource Council, Trask Family Seeds, and Geertson Seed Farms. For more information on the lawsuit, please visit the Center for Food Safety website.

For more information on GE alfalfa and other GE food issues, see Beyond Pesticides GE Food and Organic Food program pages, as well as past news articles in Beyond Pesticides’ Daily News Blog archives.

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03
Sep

Controversial EU Pesticide Residue Rules Take Effect

(Beyond Pesticides, September 3, 2008) On September 1, new rules that set harmonized maximum reside levels (MRLs) for pesticides went into force in the European Union (EU), despite opposition from environmental groups that claim the new rules expose consumers to unacceptable levels of contamination. This new regulation, Regulation (EC) No 396/2005, is the result of a considerable joint effort by the European Commission, the European Food Safety Authority (EFSA) and the Member States, and aims to revise and simplify standards pertaining to pesticide residues and, according to officials, helps to strengthen food safety across Europe.

The new MRLs aim to remove the confusion associated with dealing with 27 lists of national MRLs. Previously, different MRLs could apply to the same pesticide for the same crop in different member states, which led to confusion, especially in cases where food residues exceeding defined MRLs in one member state were acceptable in another. Traders of produce will now be able to do business smoothly as the confusion surrounding various MRLs is eliminated. The regulation covers approximately 1100 pesticides and lists MRLs for about 315 agricultural products. The MRLs also apply to processed products.

“The new rules apply the principle that food produced or imported in one member state must be safe for consumers in all of them,” says EU Health Commissioner Androulla Vassiliou. “They ensure that pesticide residues in food are as low as possible and have no harmful effects.”

However, environmental groups claim that the new rules violate food safety by exposing consumers to unacceptable levels of contamination. Many groups have even threatened legal action- two groups, Natuur en Milieu and Pesticide Action Network (PAN) Europe, have already lodged an appeal at the Court of First Instance. The groups are united in their condemnation of the rules and cite that the methodologies by which the new limits were devised are questionable and urge that further consideration of cumulative effects of pesticides on human health be studied.

Elliot Cannell, Coordinator, PAN Europe, said that the European Commission has failed to deliver on its obligation to set legal limits at the lowest achievable level as agreed in the Regulation. “For each pesticide, the [European] Commission identified the country with the worst safety limit and then sought to adopt this level as the new EU-wide standard. European consumers will now receive a much lower level of protection from dietary exposure to over 200 different pesticides,” Mr. Cannell said.

A joint analysis*, published last week by Greenpeace and Global 2000, found that almost 700 of the MRLs in fruit and vegetables were too high. 94 EU limits exceed the acceptable daily intake (ADI). When the ADI is exceeded there can be chronic damage to health such as cancer, disruption to the reproduction system or hormones. The study singled out apples, pears, grapes, tomatoes and sweet peppers as those with an unacceptable level of contamination and pose risks, especially to children.

Food items sold in Europe contain 349 different pesticides. Approximately half of all food items are contaminated, while over 5% of fruits, cereals and vegetables contain 5 or more pesticides.
To avoid pesticide contaminated foods, organic produce should be bought whenever possible.

For more information of the many benefits of organic food, please visit Beyond Pesticides’ Organic Food program page.

* Report published in German and English

Source: Farmers Weekly Interactive UK, Europa Press Release

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02
Sep

Research Shows Wide Array of Pesticide Exposures to Bees

(Beyond Pesticides, September 2, 2008) In new research findings by a Pennsylvania State University team, honey bees are exposed to a wide variety of pesticides outside of their hives. Add the outside assault to the pesticides already in the waxy structure of the hive, and bee researchers see a problem difficult to evaluate. However, an innovative approach may mitigate at least some beeswax contamination.

The researchers presented their analysis of pollen, brood, adult bees and wax samples on August 18 at the 236th national American Chemical Society meeting in Philadelphia. Those results show unprecedented levels of fluvalinate and coumaphos – pesticides used in the hives to combat varroa mites – in all comb and foundation wax samples. They also find lower levels of 70 other pesticides and metabolites of those pesticides in pollen and bees.

“Everyone figured that the acaricides (anti-varroa mite chemicals) would be present in the wax because the wax is reprocessed to form the structure of the hives,” says Maryann Frazier, senior extension associate. “It was a bit of a shock to see the levels and the widespread presence of these pesticides.”

While the researchers expected the presence of the chemicals available to treat varroa mites in the hives, the other pesticides’ levels were also surprising. All of the bees tested showed at least one pesticide and pollen averaged six pesticides with as many as 31 in a sample.

Testing bees for pesticide exposure presented a relative challenge. “We already had in place ways to test for viruses, bacteria and fungi, but it was difficult to find an analytical laboratory that could analyze for unknown pesticides,” says Christopher A. Mullin, Ph.D., professor of entomology. “We needed them to take a comprehensive look at all pesticides, not just those associated with beekeeping.”

They eventually turned to the National Science Laboratory of the U.S. Department of Agricultural Marketing Service that already tests commodities such as milk and fruits and vegetables to allow them to meet national and international standards.

“When we began doing this work, honey was not regularly analyzed, and bee pollen was not a commodity and so was not analyzed,” says Dr. Mullin. “We decided to go with the types of screening the lab does for milk and apples which look at over 170 pesticides. Now, honey is included in the commodities to be analyzed.”

The researchers, including Roger Simonds, a chemist at the National Science Laboratory, decided on a modified QuEChERS (Quick, Easy, Cheap, Effective, Rugged, and Safe) method because it uses smaller samples. They coupled this with gas and liquid chromatography to develop methods of analyzing pollen, bees and wax.

“Simplicity was important because there were many people across the country sampling for us,” says Maryann Frazier. “Now rather than having them collect 15 grams of pollen they need only collect 3 grams.” The researchers note that this method also uses less solvent and generates data in the parts per billion range.

While beekeepers will have a difficult time directly controlling pesticide exposure outside the hive, the researchers tested a method for reducing the acaricide load in beeswax. Using gamma radiation from a cobalt 60 source housed at Penn State’s Breazeale Reactor, they irradiated the sheets of beeswax that beekeepers use as the structural foundation for the bees to build their combs. They used radiation levels at the high end of that used to irradiate foods. Irradiation broke down about 50 percent of the acaricides in the wax.

“Gamma radiation is often used to kill viruses and other disease causing agents,” says James L. Frazier, Ph.D., professor of entomology, Penn State. “Commercial irradiation firms usually decontaminate medical instruments or foods.”

The researchers tried irradiation at a commercial plant and though some modifications were necessary to irradiate the wax sheets, it is possible. Some beekeepers already irradiate their equipment to get rid of any disease causing agents. However, it might be more efficient if the wax sheet supplier irradiated their product before sale to the beekeepers.

Beekeepers cannot manage the environmental pesticide contamination as easily as the wax contamination, as pesticide use in conventional agriculture tends to be widespread and varied. These chemicals mix when bees roam to gather pollen, but the interactions of such mixtures are not considered in a pesticide’s regulation with the Environmental Protection Agency (EPA). With the large number of pesticides found in bees and pollen, interactions are likely.

“We are finding fungicides that function by inhibiting the steroid metabolism in the fungal diseases they target, but these chemicals also affect similar enzymes in other organisms,” says Dr. Frazier. “These fungicides, in combination with pyrethroids and/or neonicotinoids can sometimes have a synergistic effect 100s of times more toxic than any of the pesticides individually.”

For CCD, bees are not dying in their hives, but are not returning to their hives. Dr. Frazier notes it is difficult to observe bees outside the hive. The EPA only looks at acute exposure to individual pesticides, but chronic exposure may cause behavioral changes that are unmonitored.

“We do not know that these chemicals have anything to do with Colony Collapse Disorder, but they are definitely stressors in the home and in the food sources,” says Dr. Frazier. “Pesticides alone have not shown they are the cause of CCD. We believe that it is a combination of a variety of factors, possibly including mites, viruses and pesticides.”

The effect of pesticides, however, is clearly contributing to the drop in bee populations. Organic farming, with fewer agricultural inputs, may provide fewer weakening agents to bees, something the Penn State team is interested in studying.

“We now want to look at small versus large operations and organic versus nonorganic operations to see if there are differences,” says Maryann Frazier.

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29
Aug

EPA Takes Action to Enforce Farmworker Protection Law

(Beyond Pesticides, August 29, 2008) It was seen as a positive development when EPA this summer announced that, “Through recent settlements with four Puerto Rico farms, the U.S. Environmental Protection Agency (EPA) is sending a message to farm owners that protecting their workers must be their first priority.†That is tough talk from an agency that has long been criticized for its abysmal record of instituting and enforcing even the most basic human health protections from pesticides for those who are responsible for planting and harvesting much of the nation’s food. And it turns attention to the larger question of whether the enforcement system that EPA has in place is adequate.

This case started in October 2007 when EPA filed a complaint against four Puerto Rico farms for being in violation of the worker protection standard (WPS) of the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA). Under the settlement, each farm has agreed to pay a civil penalty, and to display information on pesticide applications, information on pesticide safety and emergency medical care, as well as to provide decontamination supplies for workers and handlers, personal protective equipment, and pesticide safety training for workers and handlers. The farms have agreed to meet specific deadlines set by the EPA to report on progress that has been made under the settlement agreements. Owners of Finca Roman Farm, Anthuriums de Puerto Rico and the Javier Quiles Farm, all in Adjuntas, as well as the owner of Finca Los Tres Picachos in Jayuya, failed to display specific pesticide application information for agricultural workers and pesticide handlers. Several of the farm owners also failed to provide workers with training, protective equipment or ways to wash off residual pesticides before leaving the work sites. Additionally, some of the farm owners failed to provide medical care information to workers and pesticide handlers and did not follow the pesticide label instructions for proper pesticide use and disposal.

Earlier on January 19, 2007, the Environmental Protection Agency (EPA) assessed the second highest penalty for violating worker protection provisions of U.S. pesticide laws to an agricultural company based in Puerto Rico. According to the EPA, Martex Farms has been ordered to pay a total penalty of $92,620 by EPA’s Administrative Law Judge (ALJ). (See Daily News of February 7, 2007.)

On an historical note, farmworkers were originally “protected†under a 1974 standard in EPA regulations that only instructed growers to keep workers out of pesticide-treated fields until the dusts had settled or sprays had dried. That standard was developed after field hearings in which EPA heard from growers but not farmworkers. With the threat of litigation from the National Association of Farmworker Organizations and Migrant Legal Action Program in the late 1970s, the Carter Administration funded an effort to reach out to workers and collect data on their experiences with pesticide exposure and poisoning in the fields. Jay Feldman, Beyond Pesticides’ executive director, involved in that effort, points out that, “Chemical-intensive growers viewed the discussion about worker protection as a threat to agricultural production and their livelihood and resisted calls for new standards.†So, it was not until nearly 15 years after the Carter Administration began the review that EPA in 1992 upgraded the 1974 “standard.â€

GAO, in its 2000 analysis Improvements Needed to Ensure the Safety of Farmworkers and Their Children (GAO-GAO/RCED-00-40), describes the background on the WPS:

EPA established the Standard in 1974, but in 1980, the agency reviewed the Standard and found it inadequate to protect agricultural workers from exposure to pesticides. In 1992, EPA made major revisions to the Standard that the agency began enforcing in January 1995. The revised Standard contains general protections applicable to farmworkers and others, including prohibiting the spraying of pesticides while anyone is in a field or allowing the exposure of people to pesticide spray drift. The Standard also contains provisions that specifically apply to farmworkers, including restricting entry into treated areas for specified periods and requiring employers to provide workers with, among other things, (1) information about when and where pesticides were applied, (2) basic pesticide safety training, and (3) supplies (soap, water water, and towels) for workers to use to decontaminate themselves. (p7 GAO/RCED-00-40)

GAO is extremely critical of the enforcement apparatus that EPA has established to carry out the WPS. According to Farmworker Justice http://www.fwjustice.org/health&safety/Pesticides.htm, “Most violations merely result in a letter of warning, and few monetary penalties are issued.†GAO, in its reports cites limited inspections that could lead to enforcement actions. The enforcement system relies heavily on states under cooperative agreements with EPA, which provides funding for state enforcement activities.

According to GAO:

In fiscal year 1998, 5 states reported to EPA that they had conducted no routine worker protection inspections, and 11 other states each reported conducting fewer than 10 routine inspections under the cooperative agreements with EPA.6 In addition to the inspections conducted under the cooperative agreements, states can conduct additional worker protection inspections using state resources. However, EPA regional officials told us that they generally do not receive information on the number of inspections conducted with state resources. Moreover, officials from several EPA regions told us that worker protection enforcement is in its infancy in some states and that the states had conducted few, if any, routine worker protection inspections on their own. (p21)

We also found inconsistency among EPA’s regions in whether they negotiated goals for the number of routine worker protection inspections that the states should conduct under the cooperative agreements. Specifically, while three of EPA’s regions had established goals for the number of routine worker protection inspections that states in their regions should conduct, the remaining seven regions had not. Within the three regions, the goals have established at least a minimum number of routine worker protection inspections to be conducted under the cooperative agIn reements. For example, beginning in fiscal year 1999, EPA’s Atlanta region reached agreement that each of the eight states in the region would conduct between 60 and 100 routine worker protection inspections annually. These goals call for several of the states in the region to do many more inspections than they have done in the past. In fiscal year 1998, Alabama reported that it had conducted only five routine inspections under its cooperative agreement, and Tennessee reported it had conducted four such inspections. The remaining seven EPA regions had not negotiated routine worker protection inspection goals, and according to officials from several regions, it is up to the states to decide how to spend their federal pesticide resources.

Besides the inconsistency in setting inspection goals, EPA was also inconsistent in establishing minimum requirements for what constitutes a worker protection inspection for reporting purposes under the cooperative agreements. Officials from six regions told us that states have varying interpretations of what constitutes a worker protection inspection for reporting purposes. For example, as part of our analysis of the number of worker protection inspections conducted under the cooperative agreements during fiscal year 1998, we noted that Oklahoma had reported conducting 174 such inspections, while New Mexico reported conducting 1 inspection.

We also found that EPA’s regions were inconsistent in the extent to which they oversaw and monitored the states’ implementation and enforcement of the Standard. During fiscal year 1998, three of EPA’s regional offices limited their oversight of the states’ worker protection enforcement programs to file reviews, meetings and discussions with state officials, and mid- and end-of-year reports. No one from these regional offices accompanied state officials on any worker protection inspections during the year.

We found that the regions did not know how many and what types of actions the states had taken in response to worker protection violations. Although the states report to EPA on the number and types of actions (such as fines or warning letters) taken under their pesticide enforcement programs, these statistics do not isolate the number and types of actions that involved worker protection as opposed to other pesticide requirements such as the proper labeling of pesticide products. EPA’s Atlanta region, however, has developed a tracking system that is intended to provide the region with statistics on actions states have taken in response to worker protection violations. (p 22)

In 2005, EPA developed a new WPS How to Comply (HTC) Manual which supersedes the 1993 version. EPA maintains that changes to the WPS since 1993 have made the earlier version obsolete, and its continued use may lead an employer to be out of compliance. The 2005 HTC Manual revision was coordinated by EPA’s National Agricultural Compliance Assistance Center and a workgroup consisting of representatives from EPA Headquarters, EPA Regional Offices, and several state agencies, with input solicited from USDA and other state and tribal pesticide agencies.

See EPA press release here.

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28
Aug

German Coalition Sues Bayer on Bee Die-Offs

(Beyond Pesticides, August 28, 2008) The German Coalition Against Bayer Dangers has filed legal action in Germany against Bayer for its role in marketing insecticides that the coalition believes company officials knew were toxic to honey bees. The suit follows recent action by the Natural Resources Defense Council (NRDC) against the Environmental Protection Agency (EPA) to force the agency into compliance with its Freedom of Information Act request for scientific studies relating to clothianidin, one of the Bayer-manufactured pesticides tied to bee toxicity.

In May, Germany suspended the approval of eight pesticides linked to a massive bee die-off. Six of the eight suspended are manufactured by Bayer, the other two by Syngenta. Two of the primary active ingredients of concern are clothianidin and imidacloprid, both in the neonicotinoid family of chemicals. They are systemic pesticides, meaning the chemical is incorporated into plant tissue and can therefore be present in pollen and nectar, which is of particular importance to bees. They also have long persistence in the soil and can be absorbed by multiple generations of crops, increasing the likelihood of exposure for bees.

Attorney Harro Schultze, who represents the Coalition Against Bayer Dangers said, “The public prosecutor [in Germany] needs to clarify which efforts Bayer undertook to prevent a ban of imidacloprid and clothianidin . . . We’re suspecting that Bayer submitted flawed studies to play down the risks of pesticide residues in treated plants.” Bayer continues to defend its products, claiming that when properly used they pose no threat to bees. Richard Schmuck, an ecologist at Bayer CropScience, said in June, “All studies available to us confirm that our product is safe to bees if the recommended dressing quality is maintained. This is also shown by the product safety assessments which we have submitted to the registration authorities.”

In France, concern over the effects of neonicotinoids on honeybees led to severe restrictions on imidacloprid beginning in the 1990s and a rejection of Bayer’s application for approval of clothianidin in 2003. These actions followed contentious debates over the science between Bayer scientists, independent researchers and beekeepers. A 2007 examination of the French debate over imidacloprid in the journal Science of the Total Environment reveals that Bayer used outdated and disproved methods (not meeting state of the art detection limits) for its “scientific†studies assessing the effects of imidacloprid on honeybees, actions that call into question all of the scientific studies Bayer has produced regarding its products, in which it has a clear, vested economic interest.

The U.S. and German lawsuits both stress the importance of transparency in pesticide registration, and the importance of valid science when making registration decisions. The NRDC lawsuit against EPA prompted a letter from EPA’s Director of the Office of Pesticide Programs, Debra Edwards, PhD, stating that “EPA’s Office of Pesticide Programs â€Ëœsets the bar’ for its exceptional public participation processes and transparency.†NRDC refutes this claim by pointing to several cases in which federal judges rebuked EPA for just the oppositeâ€â€a lack of transparency and public participation on pesticide regulatory issues. Despite NRDC’s Freedom of Information Act request, EPA still does not have a complete public record of the agency’s decision to approve clothianidin.

Source: Environment News Service

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27
Aug

Proposed European Pesticide Ban Under Attack

(Beyond Pesticides, August 27, 2008) Citing the possibility of lower crop yields and higher food prices, government ministers in the United Kingdom are planning to step up pressure on the European Parliament in opposition to plans to ban the most hazardous pesticides, amounting to three quarters of the pesticides used by farmers in the European Union. Environmental campaigners, like the UK Pesticides Campaign, are adamant that a crackdown on the use of pesticides is needed to protect public health and believe that the new measures must not be watered down by industry lobbying.

Officials from the U.K. Department of the Environment, Food and Rural Affairs (DEFRA) believe that the ban would remove important pesticides from the market. Those arguing against the proposal say it could prevent the use of certain fungicides and result in substantially lower wheat yields, postulating a 30 percent reduction from current levels. DEFRA officials claim that the ban would have “significant adverse impact on crop protection, but secure no significant health benefits for consumers.”

British Farming Minister Lord Rooker is adamant that fungicides should not be banned before alternatives are approved and is urging other European countries to block the measure. The controversy centers on the types of chemicals to be removed, including substances with endocrine disrupting properties that could cause adverse effect in humans. Advocates for a reversal of the planned ban argue that the public is already exposed to such substances through prescribed drugs, meat, peas and beans and products like soya milk.

DEFRA ministers insist that withdrawing these pesticides is likely to cause “significant agronomic and economic damage” but not lead to any significant loss in overall consumer exposures to endocrine disruptors.

Last fall, the European Parliament voted in favor of tighter legislation to be enacted by 2013. However, member states are to be given the discretion as to how the plan would be implemented in their countries. In May, the European Union Health Commissioner called on European governments to adopt tougher guidelines on pesticides and to ban the use of all potentially dangerous pesticides that can cause cancer, reproductive effects and hormone disruption. Then, the Commissioner urged agriculture ministers of member states not to â€Ëœwater down’ recommendations in the two-year-old draft plan to introduce tougher guidelines on the use of pesticides.

It is expected that in the fall the plan will be formally adopted as the common position of the European Council and passed to the European Parliament for the second reading.

Source: Western Morning News UK

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26
Aug

Court-Imposed Pesticide Air Pollution Standards Reversed on Appeal

(Beyond Pesticides, August 26, 2008) On August 20, 2008, the 9th U.S. Circuit Court of Appeals reversed a 2006 ruling by the U.S. District Court for the Eastern District of California (Sacramento) that required the state of California to establish limits on air pollution associated with pesticide use. The Appeals Court found that the lower court did not have jurisdiction to impose solutions under the Clean Air Act.

According to the plaintiffs represented by the Center for Race, Poverty and the Environment (CPRE), an environmental justice litigation organization based in San Francisco, pesticides are the fourth largest source of smog-forming volatile organic compound (VOC) emissions in California’s San Joaquin Valley. Prior to 2005, the state did not regulate this source of pollution from the politically powerful agriculture industry, even though the state had made a promise to reduce VOC emissions from pesticides by 20% more than a decade earlier in its Ozone State Implementation Plan, a smog clean up plan adopted pursuant to the Clean Air Act. El Comité para el Bienestar de Earlimart and the Association of Irritated Residents, represented by CRPE, filed suit (El Comité para el Bienestar de Earlimart, et al. v. Warmerdam, et al.) in U.S. District Court in Sacramento in July 2005.

In April 2006, Judge Lawrence Karlton ruled in their favor, requiring California Department of Pesticide Regulation (DPR) to implement regulations to reduce VOC emissions from pesticides by 20% from 1990 levels by January 1, 2008. The judge found the act was violated when regulators used improper data in calculating the baseline for emission reduction goals and thus did not adopt “enforceable control measures.”

The state appealed and 9th U.S. Circuit Court of Appeals sided with the state.

“As it carefully worked through the parties’ labyrinthine administrative law arguments, the [U.S. District] court acknowledged that its rulings were potentially incongruous. We agree. In our view, the district court ultimately exceeded its jurisdiction,†says the appellate ruling. “While we acknowledge that the baseline is a critical foundation, this does not change our view that neither the baseline nor the methodology qualify as independently enforceable aspects of the state’s plan.â€

The ruling was unanimous among the three-judge panel of Circuit Judges Diarmuid O’Scannlain, Michael Hawkins and Margaret McKeown.

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