(Beyond Pesticides, February 24, 2017) Over the last two weeks, both Oak Park and Evanston, IL have taken steps to repeal preemption of local authority to restrict community-wide pesticide use in the state of Illinois. The Village of Oak Park has approved a Resolution in Support of the Repeal of the State Pesticide Preemption, and the City of Evanston has approved a Resolution Urging the State of Illinois to Repeal Preemption of Local Regulation of Pesticides. Both of these actions urge the state of Illinois to repeal the preemption of local government regulation of pesticides and re-establish the right of local home rule governments to adopt pesticide restrictions on public and private land within their jurisdiction, as they deem appropriate. The push to pass these resolutions grew out of hard work from passionate residents and activists. For the Village of Oak Park, a local advocacy group, Go Green Oak Park, reached out to Beyond Pesticides (see PAY Mail section) for assistance in talking to itslocal board about these issues. Peggy Mcgrath, a member of Go Green Oak Park, said about the issue: “Big corporations are calling more and more of the shots. To protect our government ‘ Of The People,’ […]

(Beyond Pesticides, February 1, 2017) Last week in North Miami, the City Council took a significant step that could reduce pesticide use in the community. The Council adopted an Integrated Pest Management (IPM) policy modeled after a plan developed by San Francisco in the mid-90’s. The plan does not ban pesticides and herbicides, but instead aims to reeducate citizens and county workers on least-toxic pest management strategies with the goal of eliminating toxic pesticide use on city property.  The IPM plan does not address pesticide use on private property, due to state preemption of local authority. With the passage of the North Miami’s resolution, city operatives will now be asked to give preference to available, safe and effective non-pesticide alternatives and cultural practices. As stated in the resolution’s Integrated Pesticide Management Program Guidelines, the goal of the policy is “to eliminate the application of all Toxicity Category I and Category II pesticide products by January 2018.” On top of eliminating certain pesticide categories, the resolution also calls for staff training and expert consultants, both of which have the potential to help ease the transition in pursuit of the 2018 goal, and priority will be given to efforts to reduce or eliminate pesticide use near […]

(Beyond Pesticides, December 24, 2016) Beyond Pesticides thanks our members and supporters for being a part of a critical movement to advance sustainable and organic land and building management in 2016. As our Daily News takes a holiday break, returning Tuesday, January 3, 2017, we hope you will join us in reflecting on the progress made this year, and the critical challenges that lie ahead. The road ahead We are entering a period in our nation’s history with many serious concerns about the protection of public health and the environment. We have heard the President-elect’s rhetoric about the overreach of the Environmental Protection Agency (EPA), the burden of regulatory compliance, and the need to dismantle environmental programs. The nominee for EPA Administrator is on record as challenging science and the value of environmental protection. In contrast, we have learned over the last several decades that protection of the environment contributes to a productive economy and healthier people. Beyond Pesticides’ databases track the scientific literature on pesticide hazards and alternatives, which clearly document the value of healthy ecosystems in providing ecosystem services that translate to reduced costs for farmers and land managers. Whether we’re talking about bees and other pollinators or predator insects, […]

(Beyond Pesticides, November 30, 2016) A landmark Montgomery County, Maryland ordinance, which protects children, pets, wildlife, and the wider environment from the hazards of unnecessary lawn and landscape pesticide use, is facing a legal challenge filed last week by the industry group Responsible Industry for a Sound Environment (RISE). The plaintiffs, which include local chemical lawn care companies and a few individuals, allege that the local ordinance is preempted by state law, despite the fact that Maryland is one of  seven states  that has not explicitly taken away (or preempted) local authority to restrict pesticides more stringently than the state. This challenge comes on the heels of a recent decision by the 9th  U.S. Circuit Court of Appeals, which struck down local laws in Hawaii aimed at protecting the environment from toxic pesticide use. An industry victory in Maryland state court would significantly impact the ability of local communities in Maryland to exercise their democratic right to adopt local public health and environmental protections that go above and beyond state and federal regulations that are deemed inadequate. The bill at issue, 52-14, which bans the cosmetic lawn care use of toxic pesticides on public and private land, protects over one […]

(Beyond Pesticides, November 22, 2016) Last week the 9th U.S. Circuit Court of Appeals struck down local county laws aimed at protecting residents’ health and the environment in Hawaii. The ruling, handed down by federal Circuit Judge Consuelo M. Callahan, finds that Hawaii state law is comprehensive in regulating pesticides, and “impliedly preempts” local jurisdictions from passing laws with stricter standards than the state’s. The decision represents a victory for Monsanto, Syngenta, and the agrichemical industry, and a blow to the efforts of grassroots activists that say Hawaii is “ground zero” for toxic and experimental pesticide and genetically engineered (GE) crop use. Judge Callahan’s ruling overturns a number of laws passed over the last several years on different Hawaiian Islands that all aim to protect residents, the environment, and organic farms from the toxic effects of pesticide use and drift from GE cropland. This includes Bill 2491, a measure in Kauai County that imposed common-sense buffer zones for pesticide use within 500 feet of schools and medical facilities, and within 100 feet of any park, public roadway, or shoreline that flows into the ocean. The bill withstood heavy industry lobbying, passed by a vote of 6-1 after a 19-hour council […]

(Beyond Pesticides, November 16, 2016) The U.S. Environmental Protection Agency (EPA) recently began an investigation of the agrochemical company Monsanto and home pest control giant Terminix for pesticide law violations in Hawaii. Scott Enright, director of the Hawaii State Department of Agriculture (HDOA), said that cases are often referred to EPA when they involve federal jurisdiction, repeat violations, or serious allegations. According to him, the Terminix case was referred to EPA because the complaint included multiple allegations, but he refused to share information about the details of the Monsanto case, citing policies against commenting on ongoing investigations. A third case against Wonder Farm has also been referred to EPA, making for a total of five pesticide-related cases in Hawaii the federal agency has worked on this year. The number of cases referred to EPA is not surprising, as Hawaii has long struggled to keep up with the demands of enforcing pesticide laws within the state. In the wake of these shortcomings, this past summer, Earthjustice sent a letter to EPA requesting that the agency notify the Hawaii State Department of Agriculture of its chronic failure to meet statutory duties for pesticides regulation and enforcement under the Federal Insecticide, Fungicide, and […]

(Beyond Pesticides, September 9, 2016) On Wednesday, City Council members of South Portland, Maine cast their final votes to pass an ordinance that bans the use of toxic lawn pesticides on private and public land. The ban, which passed 6-1, is an important public health measure in the protecting 25,000 residents,  the largest jurisdiction in the state to-date to adopt such as measure. In 2014, the Town of Ogunquit, Maine was the first jurisdiction to ban toxic lawn pesticides on both private and public land. Maine’s status as one of only seven states that does not preempt  local governments’ authority to restrict the use of pesticides on land within their jurisdiction empowers local governments to take this kind of protective action. Supporters of this ordinance, led by the local organization Protect South Portland, and supported by statewide organizations and  Beyond Pesticides, put together an effective campaign to educate council members, the public, and the media about the dangers of pesticides, and the effectiveness of organic land management practices that do not utilize toxic pesticides. Under the legislation, the provisions will be phased in, starting with city property on May 1, 2017, private property beginning May 1, 2018, and to golf […]

(Beyond Pesticides, August 23, 2016) “Fundamentally anti-consumer,” said U.S. Senator Richard Blumenthal (D-CT) of the new genetic engineered (GE) labeling bill signed into law by President Obama late last month. Senator Blumenthal’s frustration with the new legislation and its preemption of state-level laws such as Vermont and Connecticut’s led the Senator to announce he will be introducing a bill next session to repeal the divisive law. After years of state-level ballot initiatives in California, Oregon, Washington State, and Colorado, which were defeated after the chemical industry poured millions of dollars into ad buys that played on consumer fears of higher prices at the check-out line, Maine and Connecticut took a stand for consumer’s right to know. While their legislation required trigger clauses to go into effect, Vermont’s was passed shortly after without such a clause, and withstood a legal challenge from the multinational food and chemical industry. Vermont’s law propelled industry to move its efforts to Congress, and the state’s legislation actually went into effect on July 1, 2016, as industry was still working to garner the necessary votes for its new DARK deal.   Pushed forward by Senators Debbie Stabenow (D-MI) and Pat Roberts (R-KS), the new law has […]

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

(Beyond Pesticides, August  1, 2016) As expected, President Obama signed into law an amendment to S. 764, the National Bioengineered Food Disclosure Law, which establishes a national GMO (genetically modified  organisms or genetically engineered-GE) food labeling requirement that food safety advocates say may be deceptive, preempts states from adopting stronger label language and standards, and excludes a large portion of the population without special cell phone technology. Pushed by Senators Debbie Stabenow (D-MI) and Pat Roberts (R-KS), the law is being characterized by its supporters as a compromise, stronger than the original legislation, the Biotechnology Food Labeling and Uniformity Act (S.2621), which was dubbed the Deny Americans the Right to Know (DARK) Act. That bill failed to reach cloture in the Senate in March. The U.S. Department of Agriculture, a big supporter of genetically engineered food production, will have two years to develop the standard, during which time it will assess the question of equitable access to the disclosure of ingredients. This new law will invalidate a stronger GMO labeling law that took effect in Vermont on July 1. The law, signed by the President on July 29, does very little to ensure that consumers will actually be able to […]

(Beyond Pesticides, July 5, 2016) Last week, Malibu City Councilmembers, in a unanimous decision (5-0), voted to make Malibu, California’s (CA) public spaces poison free, which means an immediate ban on all pesticides, rodenticides and herbicides. During a marathon meeting that ran into the early hours past midnight, more than 24 Malibu residents and stakeholders came to give public comments on pesticide use on public parks and city property. You can view the city council meeting here. The entire discussion and vote is included, starting at 3:29:37 (or section 6.A.). Many of the residents were with an community  group called Poison Free Malibu, which is a group that advocates for the elimination of toxic pesticide use in the area. According to the Malibu Times, Kian Schulman, RN, founder of Poison Free Malibu, gave a presentation on the effects of pesticide chemicals and their connection to diseases such as cancer and neurological issues like ADHD and Alzheimer’s. Ms. Schulman’s presentation included a picture of a city worker spraying pesticides on Legacy Park, while wearing a full hazmat suit as a child rode their bicycle close by. Several Poison Free Malibu supporters attended the meeting and gave a presentation on the adverse […]

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

(Beyond Pesticides May 31, 2016) Last week, the U.S. House of Representatives passed a revised version of the Toxic Substances Control Act (TSCA), marking the first time since 1976 Congress has taken steps to address the vast shortcomings of the law to protect human health and safety. Their revisions miss the mark, however, as the changes create the potential for new hurdles, delays, and restrictions on states’ ability to enact their own toxic chemical regulations. This is a dangerous development, expecially given the bipartisan recognition and acknowledgement of the need for TSCA reform. As the bill heads to the Senate, environmental advocates who believe in the preservation of state and local power to regulate toxics more stringently than the federal government must act to prevent its passage. Public health advocates and environmentalists have argued for decades that the  1976 Toxic Substances Control Act  is outdated and riddled with gaps that leave Americans exposed to harmful chemicals. Under current law, around 64,000 chemicals are not subject to environmental testing or regulation. In absence of federal reform over the past 40 years, many states, including Washington, Connecticut, New Hampshire, Minnesota, New York and Vermont, have stepped up to fill the void, taking […]

(Beyond Pesticides, May 27, 2016) — Thanks to the hard work and efforts of beekeepers, environmental groups, scientists, legislators and activists, Maryland is the first state to pass legislation through its General Assembly that restricts consumers from using neonicotinoids, a pollinator-toxic pesticide. Earlier this month, the state of Connecticut also passed far-reaching legislation aimed at protecting pollinator populations from these toxic chemicals. The Maryland Pollinator Protection Act (Senate Bill 198/House Bill 211) will become law without the Governor’s signature. Supporters had feared a veto from the executive office, but as a result of overwhelming pressure from beekeepers and activists, Governor Larry Hogan (R) allowed the bill to come into law. Under the Act, consumers will not be permitted to buy pesticides that contain neonicotinoids starting in 2018. Certified pesticide applicators, farmers and veterinarians will be still be allowed to use neonicotinoids. Connecticut’s bill also restricts consumer use of neonicotinoids. In addition, it requires the creation of pollinator habitat on state lands, and begins to address the use of these chemicals in agriculture by developing best practices on neonicotinoid coated seeds, and model pollinator habitat in farm preservation programs. As Maryland’s bill made its way through the legislature, an amendment was […]

(Beyond Pesticides, April 25, 2016) Last week, the City Council of Milwaukie, Oregon passed a resolution that halts the use of bee-toxic neonicotinoid insecticides on city government and public property,  joining the growing number of local governments protecting pollinators.  Neonicotinoids  (neonics) have been widely cited in the demise of both managed and wild bee and pollinator populations.  The resolution specifically  restricts city government agencies from purchasing plants and seeds that have been treated with neonicotinoids and other systemic insecticides and urges public and private landscapers and homeowners to plant bee-friendly habitats.  Clackamas County will join with the Mayor’s office and City Council of Milwaukie to adopt an Integrated Pest Management Plan that mirrors the resolution. In addition to these stipulations, the City of Milwaukie is using this resolution to: urge all businesses, homeowners, and homeowner’s associations operating within the City ensure no plants, seeds, or products containing neonicotinoids are purchased, sold, or used within the City; and to clearly and accurately label any plants or materials that have been treated with a neonicotinoid or neonicotinoid-like insecticide; require that commercial pest service providers performing services on behalf of the City provide landscape services that encourage pollinator populations and support pollinator services; […]

(Beyond Pesticides, April 11, 2016) In a historic move, the Maryland legislature voted to become the first state in the nation to ban consumers from using products containing neonicotinoid pesticides, a class of bee-toxic chemicals that has been linked to the startling decline in bees and other pollinators around the world. The bill now heads to Governor Larry Hogan to sign or veto. The Pollinator Protection Act was approved by lawmakers on Thursday by  a 98-39 vote in the Maryland House of Delegates. While consumers will not be allowed to buy pesticide products containing neonicotinoids starting in 2018, the legislation’s  reach does not extend to farmers, veterinarians, and certified pesticide applicators, who will still be permitted to apply  the chemicals. Consumers can also buy treated plants and seedlings from stores without any labeling. Cumulatively, these present major sources of exposure for bees and other pollinators. The bill originally included a requirement that companies put labels on plants and seeds that are treated with neonicotinoids, but that provision was ultimately pulled from the bill. Hardware stores  like Home Depot and Lowe’s  had previously announced that they were voluntarily phasing out the supply of neonicotinoid-treated plants over the next two to three […]

(Beyond Pesticides, March 24, 2016) This week, four major food manufacturing companies, Kellogg’s, General Mills, Mars, and ConAgra, committed to labeling food containing genetically engineered (GE) ingredients, while exclaiming the safety of GE food. Each company released statements citing the new Vermont labeling law, set to take effect this summer. The four companies joined Campbell Soup Company, which announced its  own label on GE ingredients in January. At the time,  Agri-Pulse reported, “Campbell made clear that it still supported the use of genetic engineering in agriculture, but said that there is a need for national labeling standards that would preempt state standards.” A summary of the companies’  releases are as follows: Kellogg’s Kellogg’s North America President, Paul Norman, insists upon the adoption of a “federal solution for the labeling of GMOs.” Until that happens, he says, “We will start labeling some of our products nationwide for the presence of  GMOs beginning in mid-to-late April. We chose nationwide labeling because a special label for Vermont would be logistically unmanageable and even more costly for us and our consumers.” In addition to a label, Kellogg’s launched OpenForBreakfast.com, which invites consumers to ask questions and learn more about products that include GE ingredients. […]

(Beyond Pesticides, March 14, 2016)  According to a draft version of a report commissioned by Hawaii and Kauai County, Hawaii should dramatically improve its regulation of pesticide use and study its impacts, which the state legislature has repeatedly refused to consider. Unsurprisingly, agrichemical companies that produce genetically engineered (GE) seeds criticized the new government report, saying it “raises unfounded and unsubstantiated fears about chronic exposure and chemicals in general.” Association members include Monsanto, Syngenta, DuPont Pioneer, Dow AgroSciences and BASF, multi-billion-dollar multinational agrochemical companies that farm thousands of acres in Hawaii and produce the state’s largest export crop, seed corn. The Joint Fact Finding (JFF) report was conducted by Peter Adler of the consulting firm Accord3.0. and eight participants, including two representatives of DuPont Pioneer and Dow AgroSciences. According to the study website, it was commissioned by the  Hawaii State Department of Agriculture (HDOA)  and Kauai Mayor Bernard Carvalho in order to conduct a joint fact finding project on the island of Kauai. The preliminary results were released after a year-long investigation into the impacts and regulation of pesticide use by Hawaii’s GE seed industry and Kauai Coffee.  The draft report is available for public comment until April 8, 2016. […]

(Beyond Pesticides March 9, 2016) Last week, Senators Jeff Merkley (OR), Patrick Leahy (D-VT), Jon Tester (D-MT), and Dianne Feinstein (D-CA) introduced legislation to  require  that consumer food packaging  displays genetically engineered (GE) ingredient labeling. The Senators’ legislation, the Biotechnology Food Labeling and Uniformity Act  (S.2621), presents an alternative to the primarily Republican-backed Biotechnology Labeling Solutions Bill that recently passed the Senate Agriculture Committee on a 14-6 vote. The Biotechnology Labeling Solutions Bill, which embodies several provisions of the much opposed DARK Act, will  hide ingredient information from consumers by overturning state GE labeling laws like that of Vermont’s. “Rather than blocking consumers’ access to information they want, the U.S. Senate should move forward with a solution that works for businesses and consumers alike,” said Senator Merkley. “There is a way to give consumers the information they are asking for without placing unfair or conflicting requirements on food producers. This legislation provides the common-sense pathway forward.” The  Biotechnology Food Labeling and Uniformity Act  will allow American consumers to see whether a food has been prepared with GE ingredients, while offering food manufacturers several options for including this information on or near the ingredients list. This framework meets the needs of […]

(Beyond Pesticides, February 25, 2016)  On Tuesday, the City Council of Irvine, California, with a population of over 250,000 people, voted unanimously to stop the use of hazardous pesticides on city property. The Council adopted an  organic  management policy that limits  the use of synthetic pesticides on city property, which includes 570 acres of parks, more than 800 acres of right-of-way, 70,000 trees and nearly 1.5 million square feet of facilities. The policy permits pesticides   “only when deemed necessary to protect public health and economic impact.” The vote capped a campaign led by  the local advocacy group Non Toxic Irvine, which has been advocating that the city  nix synthetic pesticides in favor of better plant management and materials compatible with organic practices. The group is led by local mothers concerned about the synthetic pesticide health risks related to children.  Kathleen Hallal, a leader with Non Toxic Irvine, said, “It is not radical for a city to use organic methods. It’s radical to use toxic methods to control weeds and pests around our children.” According to the Orange County Register, in May 2015, the Irvine Unified School District (IUSD) agreed to end the use of glyphosate (RoundUp) on all school […]

(Beyond Pesticides, February 23, 2016) A coalition of local parents and community health groups from California’s Central Valley are calling on the state to set one mile buffer zones around schools in order to reduce children’s exposure to highly toxic pesticides. The request comes after research from the University of California, Los Angeles (UCLA) found widely used fumigant pesticides in central California interact synergistically and increase health risks. Although California is subject to regressive pesticide preemption laws, county agricultural commissioners have the authority to regulate and enforce pesticide use at the local level. While the state currently sets minimum buffer zones around schools at 500 ft., certain California counties require increased levels of protection around these sensitive sites. However, activists charge that state standards and even locally wider buffer zones are not adequately protecting community health, and comprehensive statewide regulations are needed. In July of 2015, after years of pressure from activists, the California Department of Pesticide Regulation (CDPR) held a series of workshops to gather community input on new rules governing pesticide use near schools. According to The Desert Sun, CDPR is expected to release its first draft of the new regulations for public comment at the end of […]

(Beyond Pesticides, February 1, 2016) Last Wednesday, the city council of St. Paul, MN adopted a resolution to make the city more pollinator friendly by banning bee-toxic neonicotinoids and other pesticides “proven  to be harmful to pollinators” and require an  updating of its Integrated Pest Management (IPM) program, prioritizing non-chemical methods. The resolution recognizes that its authority to restrict pesticide use on private land  has been preempted by the State of Minnesota and then directs the city to encourage property owners within its jurisdiction to practice pollinator stewardship. Under the new resolution, St. Paul has committed to: Develop or update an IPM program that requires site inspections, monitoring and prevention strategies, an evaluation on the need for pest control, and when pest control is warranted the use of structural, mechanical, biological, organic, and other nonchemical methods will be utilized first. Eliminate the use of neonicotinoid insecticides, and other pesticides proven to be harmful to pollinators, on city grounds, with specific exceptions for golf course areas and certain athletic fields. Require all city departments with any inventory of materials containing neonicotinoids, and other pesticides proven to be harmful to pollinators, to discontinue their use and properly dispose of them unless a […]

(Beyond Pesticides, January 28, 2016) Last week, Oregon Representative Paul Holyey introduced legislation that would protect traditional crops against contamination from their genetically engineered counterparts. As it stands, local governments are preempted (disallowed) from taking actions that protect traditional farmers from contamination by genetically engineered (GE) crops. With the help of advocates representing family farms and food safety, The Transgenic Contamination Prevention Bill (HB 4122) will  repeal sections of Senate-passed  Bill 863,  which  preempts local governments, and restore the  right of local jurisdictions to regulate the planting of GE  seed. The law, Bill 863, dubbed  Oregon’s Monsanto Protection Act by environmentalists, farmers and consumers, was passed in 2013 and signed into law by then-Governor John Kitzhaber. The new language in HB 4122 seeks to correct the chemical company-driven legislation of the former bill and restore protection for traditional and organic farmers. In May, 2014, the voters of Jackson and Josephine Counties, Oregon, passed a ballot initiative, Genetically Modified Organism Ban, Measure 15-119, which sparked the backlash in the state legislature. A federal court decision upheld the ballot initiatives, and the county  laws were  grandfathered in, or allowed to stay in effect. Center for Food Safety’s attorney, George Kimbrell, expressed support […]