(Beyond Pesticides, January 5, 2015) Hawai’i County plans to appeal a federal judge’s ruling invalidating a 2013 county law restricting genetically engineered (GE) crops on the island. The County Council voted 5-4 in December to appeal the ruling after the judge ruled last November that Hawai’i County cannot enforce a law restricting genetically engineered crops because it is preempted by state law. The ruling follows a similar federal court decision in August 2014 that overrules a Kauai ordinance requiring annual reporting of genetically engineered organisms. U.S. Magistrate Judge Barry Kurren’s order is similar to his earlier decision invalidating Kauai County’s law on pesticides and GE crops. Judge Kurren invalidated the county law, Hawai`i County Ordinance 13-121, in a Nov. 27, 2014 order, saying state law preempts county law on the issue. He said lawmakers intended the state to have broad oversight of agricultural issues in Hawai’i. The November 2014 decision concludes that state “preemption” of the county ordinance is implied by state plant laws, despite the fact none of them mention GE crops or were intended to regulate them. The court refused a request to send the state law question to the Hawai’i Supreme Court  for a  decision. Finally, the […]

The staff and Board of Beyond Pesticides extend our sincere gratitude and wish for a happy and healthy holiday season and New Year to all those who have joined with us in taking  or supporting action  to promote health and environmentally responsible practices in 2014. Our Daily News is taking a holiday break and will return on Monday, January 5, 2015 with renewed energy and vision to continue fighting for broader adoption of organic  practices for a sustainable future. Whatever your current level of involvement with Beyond Pesticides: whether you work with us directly to make changes in your community, have received help through an information request, participate in our online actions, like or follow us on social media, or simply read and share our website and Daily News with friends and family, your contributions are a critical part of the pesticide-free grassroots movement that continues to strengthen and grow. We hope you will continue to lend your support in 2015. In order to help us realize the critical protections we’re all fighting for, please consider becoming a member, providing a year-end tax-deductible donation, or purchasing a pesticide-free zone sign from our online store. With your help, we advance scientific […]

(Beyond Pesticides, October 30, 2014) After concerns have been raised about the poor oversight of aerial herbicide spraying on Oregon forests, and the subsequent pesticide contamination of residents living nearby, policy makers are working to introduce legislation to better protect local residents from pesticide and environmental contamination. An investigation, which began in 2013 into allegations of improper pesticide spraying on timberland near residential areas in Southern Oregon, has since confirmed that residents of the small towns were unwillingly sprayed with pesticides. The investigation was launched after residents filed complaints after they experienced rashes, headaches, asthma, and stomach cramps directly after pesticide applications. Earlier this year, the investigation led by the Oregon Department of Agriculture (ODA) indicated multiple violations by the pesticide operator and applicator responsible for the spraying, as well as evidence of the presence of pesticides on properties in Cedar Valley, near Gold Beach, Oregon. The aerial applicator, the investigation uncovered, allowed pesticide deposition on properties other than the intended application site, applied one product at a rate above the maximum allowed by the label instructions, and provided multiple false records that misled ODA about the actual products used. Now, in light of several state regulatory lapses that include […]

(Beyond Pesticides, October 28, 2014) A landmark ordinance to protect children, pets, wildlife, and the wider environment from the hazards of unnecessary lawn and landscape pesticide use was introduced yesterday in Montgomery County, Maryland by County Council Vice President George Leventhal, chair of the Health and Human Services Committee. Bill 52-14 is based upon growing concerns in the community of the health risks associated with exposure to pesticides, and creates a safe space for residents in Montgomery County by prohibiting the use of non-essential land care pesticides on both public and private property. Introduction of this ordinance follows successful lawn pesticide regulations on private and public property in the City of Takoma Park in Montgomery County, and provides equal safeguards for human health and the environment. Similar cosmetic pesticide policies have been in place in Canadian provinces for many years. Unfortunately, most U.S. jurisdictions are unable to enact these same basic safeguards for their citizens.  Maryland is one of seven states that does not prohibit local governments from enacting protections from pesticides that are stricter than state laws. The role of local government in imposing pesticide use requirements is important to the protection of public health and the environment. This […]

(Beyond Pesticides, September 29, 2014) Last week, the Seattle City Council voted unanimously to prohibit the use of neonicotinoid pesticides on land owned or maintained by the city. Neonicotinoid insecticides have been linked to colony collapse disorder (CCD) and declining bee health that has resulted in a near devastating decline in viable managed beehives, which are critical to pollination of one-third of the nation’s food supply. Seattle is the largest city thus far to enact such a ban to protect pollinators in the absence of federal regulation. Other localities taking action include  Skagway, Alaska, Eugene, Oregon and Spokane, Washington and dozens of other jurisdictions that have adopted organic land management practices or pesticide bans on   public land, private land, parks, schools, and other land under their authority. Resolution 31548, adopted and expected to be signed by Mayor Ed M.urray, states that the City of Seattle shall ban the purchase and use of neonicotinoids on city-owned property and calls for a national moratorium on the use of the toxic pesticides, urging the White House Task Force, U.S. Environmental Protection Agency, and Congress to suspend the registration of neonicotinoids. Along with encouraging federal action, the resolution asks retailers within Seattle to […]

(Beyond Pesticides, September 25, 2014) Last week, the Borough of Skagway, Alaska passed a comprehensive vegetative maintenance pesticide ordinance, joining a growing number of localities across the country in enacting restrictions that protect human health, wildlife, and the wider environment from the hazards associated with unnecessary pesticide use. Among a number of notable accomplishments, Skagway’s Ordinance 14-15 makes it the first municipality in Alaska to ban the use of bee-toxic neonicotinoids by government employees. However the new law goes further, prohibiting the sale and use of neonicotinoid-containing products on all public and private lands in the Borough of Skagway. The state of Alaska is one of seven states that affirms the right of a local jurisdiction  to restrict pesticide use throughout its jurisdiction by not adopting law that preempts localities. Skagway, Alaska’s Ordinance 14-15 also: Prohibits the sale and use of persistent herbicides (persistent according to the US Composting Council) on public and private property. Prohibits the use of restricted herbicides within 300 feet of any waterway. Creates a list of restricted pesticides (based in part upon the list of pesticides restricted in Takoma Park, Maryland). Although the ordinance establishes a waiver system by which restricted pesticides may be used, […]

(Beyond Pesticides, August 27, 2014) Rulng that Hawaii state law preempts local authority to restrict pesticides,  a federal court judge this week struck down Kauai County’s Ordinance 960. The ordinance, which  received widespread support on the Island, was designed to protect local residents and Kauai’s environment from the year-round spraying of large quantities of restricted use pesticides by multinational chemical companies. U.S. Magistrate Judge Barry Kurren on Monday ruled that Kauai County Ordinance 960 is preempted by state law and therefore is unenforceable. Ordinance 960 provides residents of Kauai public access to information related to the application of pesticides used in experimental and commercial agricultural operations within the County of Kauai. It also affords County residents and the environment greater protection from, and information about, potential pesticide drift and the impact of experimental genetically engineered (GE) crops on Kauai. The Kauai County Council voted to enact Ordinance 960 in November 2013, overriding the Mayor’s veto. The ordinance was scheduled to go into effect Aug. 16, but had been postponed to Oct. 1 pending the court’s ruling. Local leaders crafted the ordinance in response to public outcry from residents, many of whom live, work, or have children that go to school […]

(Beyond Pesticides, August 15, 2014) Residents of Southern Oregon are tired of being told that farming and forest industry rights to pollute and spray toxic chemicals trump their rights to live healthy lives, so they are taking the matter to court, except not in the way most would assume. Because unlike many instances where citizens could allege nuisance and trespass for toxic or smelly invasions onto private property and into their lives, Oregon residents and many others across the country are prohibited by law from filing such claims against agricultural industries. Known generally as Right-to-Farm Acts, Oregon’s Farm and Forest Practices Act prohibits local laws from making farming and forest practices a nuisance or trespass. The law also grants immunity from private actions, unless, of course, severe injury or death resulted. As one of the attorneys, Chris Winters of the Crag Law Center, representing the Oregon residents explained to reporters, “The law basically grants an immunity to people who spray pesticides from being held responsible.” In filing the lawsuit, plaintiffs hope that a court will change all of this and invalidate the Farm and Forest Practices Act as unconstitutional, because of the state’s constitutional guarantee of remedy for injury to […]

(Beyond Pesticides, July 8, 2014) [Eds. Note: Because of a procedural glitch in the ordinance, the Ogunquit pesticide ban ordinance was scheduled to be placed on the ballot again on November 4, 2014. The ordinance passed again, this time overwhelmingly.] In another key victory  for public health and the environment, last month residents in the small ocean-side community of Ogunquit, Maine (pop:~1,400) voted to become the first town in the state to prohibit the use of pesticides on public and private property for turf, landscape, and outdoor pest management activities. Ogunquit’s ordinance makes the town the second local jurisdiction in the United States in the last year  to ban pesticides on both public and private property, and the first to be passed by popular vote, 206 to 172. The ordinance, modeled in large part on the first private/public pesticide ban in Takoma Park, Maryland last year, was passed after a three-year education and awareness campaign, initiated by the town’s Conservation Commission. The law expands on  existing pesticide use restrictions on  town-owned property. The passage of this ordinance positions Ogunquit as a leader in the state for environmental sustainability and the protection of public health, and supports the Conservation Commission’s goals […]

(Beyond Pesticides, May 28, 2014) A statewide pilot pesticide sampling project has found over 20 different types of pesticides in Hawaiian waterways, some of which are no longer registered for use in Hawaii. State officials believe the pesticides, many detected in urban areas, are from residential and golf course applications. These preliminary findings help highlight the need for local oversight of pesticide use, currently a controversial issue in the state. Conducted in partnership with the Hawaiian Department of Agriculture, the U.S. Geological Survey (USGS) and the Hawaiian Department of Health, the survey-study finds herbicides like glyphosate (Roundup) and atrazine, as well as a fungicide that is no longer registered for use in the state, contaminating the state’s waterways. The study measured pesticides in surface waters and in sediment at multiple locations in Hawaii. 25 herbicides, 11 insecticides and 6 fungicides were detected, with atrazine the most commonly found. This pilot survey responds to growing community concerns about the impacts of pesticides on local communities and ecosystems, and provides preliminary information on pesticide residues in state waterways. Recently, Kauai County passed an ordinance —Ordinance 960—  that requires public disclosure of pesticides used and the location of genetically engineered (GE) crops, as […]

(Beyond Pesticides, April 18, 2014) Last week the Vermont state Senate voted 28-2 to authorize the mandatory labeling of foods made with genetically engineered (GE) ingredients. The bill, H.112, “An Act Relating to the Labeling of Food Produced with Genetic Engineering,” passed the Vermont House of Representatives back in May, and now goes back to the House for approval before moving to the Governor. Vermont’s legislation does not include a “trigger clause,” which is contained in  labeling bills passed last year in Maine and Connecticut  that, before  going into effect,  require other states in the New England region (including one boarding state) with an aggregate population of 20 million to pass similar laws. If the last hurdles in the state legislature are cleared and the bill is signed by Governor Peter Shumlin (D), Vermont’s labeling law would not allow manufacturers to describe any food containing GE ingredients as “all natural” or “natural.” Processed foods that contain a product or products with GE would be required to display in clear and conspicuous language the words, “partially produced with genetic engineering” or “may be partially produced with genetic engineering.” But even if passed, Vermont’s bill faces numerous challenges from the deep pockets […]

(Beyond Pesticides, April 7, 2014) A recent report by The Oregonian found that enormous amounts of money are being spent by agrichemical and biotechnology companies in  one Oregon  county to stop an ordinance that would ban farmers from being able to plant genetically engineered (GE) Crops. This current legislative fight encapsulates the uphill funding battle that anti-GE activists face when organizing state and local level campaigns. The ordinance that will appear on the upcoming May ballot in Jackson County, Oregon will ban the planting and rising of GE plants within the county. The ordinance also calls for the county to conduct inspections and allows enforcement through citizen lawsuits. Jackson County was the only county exempt from a law enacted last fall that made the state the regulator of agricultural seeds. The county’s measure qualified for the May ballot before the Oregon Senate passed S.B. 863, which preempts localities ability to regulate seed, so it was exempted in the bill. The bill preempts efforts the efforts in Benton and Lane counties to restrict GE agriculture. Despite state preemption, Josephine County has a similar measure on the May ballot to ban GE crops. According to a recent report in The Oregonian, the […]

(Beyond Pesticides, February 20, 2014) The town of Chilmark located on Martha’s Vineyard, Massachusetts is not backing down from its decision to challenge property owners and the local conservation commission’s attempts to introduce a toxic herbicide directly into the waters of the only enclosed, great pond of the well-known, destination island. While one might assume that the litigation centers around whether or not the herbicide proposed for use in the local water source poses as a danger, this issue is only a sideline debate. Instead, the central dispute highlights one of the greatest challenges facing local governments surrounding pesticide control and a locality’s authority to protect both its citizens and its local environment from the hazards that these chemicals bestow: preemption. Preemption is the ability of one level of government to override laws of a lower level. While local governments once had the ability to restrict the use of pesticides on all land within their jurisdictions, pressure from the chemical industry led many states to pass legislation that prohibits municipalities from adopting local pesticide ordinances affecting the use of pesticides on private property that are more restrictive than state policy. Unfortunately, Massachusetts is one of the many states that has […]

Beyond Pesticides, January 28, 2014) In the latest attempt to suppress the voice of local communities and scuttle the implementation of laws to protect health and the environment, last week a bill was introduced in the Hawaii State House of Representatives that will preempt (block) local governments from restricting the use of hazardous pesticides and genetically engineered (GE) crops. Though House Bill 2506 is being promoted as the expansion of the state’s “Right-to-Farm Act,” the bill will prevent the implementation of new laws recently passed in Kauai and Hawaii County. Kauai Councilman Gary Hooser explained to The Garden Island, “Both of these bills take away 100 percent of the authority of the county to regulate agriculture, which includes pesticides. It is without question an attempt to nullify Ordinance 960 (formerly Bill 2491), as well as the ordinance passed on the Big Island.” Local communities in the Hawaiian Islands fought a number of hard-won battles last year against intrusions by agrichemical companies spraying pesticides and planting GE crops near where they work, live, and go to school. After massive outpourings of public support, numerous late-night council sessions, and overcoming a mayoral veto, Kauai County passed Bill 2491. Kauai’s Ordinance 960 requires […]

(Beyond Pesticides, January 14, 2014) Agrichemical companies filed   a lawsuit to stop Kauai County  from moving ahead with its new law  to restrict genetically engineered (GE) agriculture and toxic pesticide applications near schools, hospitals, homes, and shorelines. As the first Hawaiian Island to pass restrictions on pesticides and GE agriculture, Kauai County saw an unprecedented outpouring of public support for Bill 2491. Despite numerous attempts by agrichemical companies to derail the bill, including personal attacks on councilmembers, and in the face of a veto by Mayor Bernard Carvalho, the residents of Kauai prevailed when the County Council chose to override the Mayor’s veto and make Bill 2491 law. Kauai’s  action for a  safe and healthy community was followed in Hawaii County by Bill 113, which restricts new GE crops. Efforts in Maui County are now underway to enact protections similar to Kauai’s. The lawsuit, filed January 11 in U.S. District Court, attempts to block Bill 2491 from coming into law (it is currently set to go into effect 9 months after its passage), and was brought forward by agrichemical company giants  DuPont, Syngenta, and Agrigenetics Inc., an affiliate of Dow Agrosciences. The suit does not come as a complete […]

(Beyond Pesticides, January 10, 2014)  A requirement to  label genetically engineered (GE) foods in the state of Maine is set to become law. The bill, LD718, “An act to protect Maine food consumers’ right to know about genetically engineered food and seed stock,” was passed by the state legislature in July 2013 by a vote in the House of Representatives of 141 to 4, and  with the Senates’ unanimous approval. The bill was then sent  to Governor Paul LePage (R-ME) and signed into law on Wednesday, January 8. Meanwhile, the conventional food industry is pushing legislation in Congress to prevent, or preempt,  states from adopting laws requiring labeling of GE foods. The Maine Organic Farmers and Growers Association (MOFGA) praised the Maine law.  “We are thrilled that Governor LePage has signed the GMO labeling bill,” said MOFGA’s executive director Ted Quaday. “The time was right for a diverse and collaborative effort to take hold and move the discussion forward. People want and have the right to know what’s in their food.” Maine is the second state ””following the lead of Connecticut”” to pass labeling requirements for GE foods. Like Connecticut’s newly passed law, Maine’s GE bill, which contains a “trigger” […]

Beyond Pesticides wishes our members and supporters a happy, healthy, and organic holiday season and New Year! Our Daily News is taking a holiday break and will return on Thursday, January 2, 2014 with renewed energy and vision to continue making real change in communities across the the U.S. and around the world. We look forward to working with you to make 2014 a safe, pesticide-free year for you, your family, and your community at large. We would like to deeply thank our members and supporters for an amazing 2013 that was filled with so many accomplishments and milestones for the pesticide-free movement. Yet, there are still many areas where our collective voice is needed to put pressure on decision makers to take action for the protection of human health and the environment. We plan to increase our efforts in 2014 to provide communities with the assistance that is needed to broaden the adoption of the exciting changes that are taking hold throughout the country. At the same time, we urge all those who are able to help us increase the strength of our voice and our assistance program by providing a charitable donation to Beyond Pesticides. With a $150 […]

(Beyond Pesticides, November 25, 2013) The Oregon Department of Agriculture (ODA) has restricted two pesticide products linked to massive bee die offs experienced in Oregon earlier this year. Both pesticides are neonicotinoid chemicals that are extremely harmful to bees. Though these restrictions are an important step in protecting bee health, the new rules will still not limit all of the uses of these chemicals that can harm pollinators. ODA placed restrictions on dinotefuran and imidacloprid, banning their use  on linden trees, basswood and other trees of the Tilia genus. Pesticide products that contain these active ingredients are now required to have Oregon-specific labels. This is only the second time in the past ten years that ODA has regulated pesticides more strictly than federal standards. These new restriction comes after ODA adopted a temporary rule in June that limited the use of 18 pesticide products that contained diontefuran. That rule was set to expire next month. States and local jurisdictions  have authority under the nation’s pesticide registration law, the  Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), to adopt more stringent pesticide use restrictions than the federal government. However, after the U.S.  Congress rejected proposals to preempt local authority and the Supreme […]

(Beyond Pesticides, November 22, 2013) The U.S. Environmental Protection Agency (EPA) Assistant Administrator of the Office of Chemical Safety and Pollution Prevention, James Jones, testified before the House Subcommittee on Environment and the Economy last week. The subject of Jones’ testimony: EPA’s informal observations on the proposed Chemical Safety Improvement Act (CSIA). Introduced this past April, the CSIA seeks to reform the severely outdated and ineffective Toxics Substances Control Act (TSCA), the nation’s primary chemical safety law. Adopted in 1976, TSCA established an inventory and notification framework to monitor and assess the commercial production and importation of chemicals. Excluding large swaths of chemicals (such as pesticides and drugs) and placing the burden on EPA to demonstrate unreasonable risks to health or the environment, TSCA has done little to protect the public from or enable EPA to restrict the uses of the more than 84,000 chemicals in the marketplace today. As one 2009 Government Accountability Office (GAO) report noted, “Since 1976, EPA has issued regulations to control only five existing chemicals.” Assistant Administrator Jones’s testimony was quick to point out TSCA’s many flaws, including the grandfathering in of 60,000+ chemicals without any kind of testing and EPA’s inability to require testing […]

(Beyond Pesticides, October 17, 2013) Early yesterday morning, the Kauai County (Hawaii) Council ended a grueling 19-hour session by approving new protections from pesticides and genetically engineered (GE) crops in a 6 to 1 vote on Bill 2491. After enduring years of pesticide abuse from agrichemical giants Syngenta, Dow, DuPont Pioneer, and BASF, the residents of Kauai will finally receive simple protections they and future generations on the “Garden Isle” deserve. The legislation is a major victory for the local community, which engaged in numerous non-violent rallies and demonstrations urging the council to “Pass the Bill!” Local leaders crafted Bill 2491 in response to public outcry from residents, many of whom live, work, or have children that go to school near agricultural fields leased by chemical corporations. “The people in my community have asked for help,” said Kauai County Councilmember Gary Hooser. “People are concerned.” Many in the community assert that the passage of Bill 2491 is only the beginning of local efforts to reign in excesses and abuses of agrichemical companies operating on the island. While some of the more stringent measures in the bill were removed at a previous Committee meeting earlier this month, other aspects of the […]

(Beyond Pesticides, August 5, 2013) Nine state Attorneys General sent a letter to the Senate Environment and Public Works Committee last week expressing their “deep concerns about unduly broad preemption language proposed in S.1009, the Chemical Safety Improvement Act [CSIA].” CSIA would amend the decades old (1976) U.S. chemical law, the Toxic Substances Control Act (TSCA), which in its current form requires absolutely no testing on chemicals (it does not cover pesticides) before they make their way onto the market. Manufacturers are only required to provide the U.S. Environmental Protection Agency (EPA) with  90 days premarket notification before a new chemical is introduced for public consumption. Even after entering the market, the testing and regulation thresholds for these chemicals are grossly inadequate. In the 37 years that TSCA has been in effect, only 200 of the 85,000 industrial chemicals that have ever been in use have been tested or regulated. Many states have not waited for Congress to update these scant protections, opting instead for state reforms to address the potential risks of toxic substances. CSIA endangers the ability for states to enforce these laws, the Attorneys General letter says, explaining that, “Reforms that come at the cost of sweeping […]

(Beyond Pesticides, July 25, 2013) In a sweeping victory for the protection of human health and the environment, the Takoma Park, Maryland  City Council on July 22, 2013  unanimously passed the Safe Grow Act of 2013, which generally restricts the use of cosmetic lawn pesticides on both private and public property throughout the Maryland city. This is the first time that a local jurisdiction of this size has used its authority to restrict pesticide use broadly on private property, exercising it responsibility to protect the health and welfare of its residents through its local government. This landmark legislation stops involuntary poisoning and non-target contamination from pesticide drift and volatility that occurs as these toxic chemicals move off of treated  private yards. The new law fits into the city’s strategic plan to lead community efforts in environmental sustainability, protection and restoration, and secures Takoma Park’s role as a leader in sustainability in the state of Maryland and the nation.  The action in Takoma Park brings to the U.S. an approach to outlawing cosmetic pesticide use on lawns and landscapes that has been in place in Canadian provinces for many years. The role of local government in imposing pesticide use requirements is […]

(Beyond Pesticides, November 12, 2012) During the recent elections, North Dakotans voted to accept a controversial amendment to the North Dakota Constitution that protects practices used in Confined Animal Feeding Operations (CAFOs) that are harmful to human health and the environment. The North Dakota Farming and Ranching Amendment states, “No law shall be enacted which abridges the right of farmers and ranchers to employ agricultural technology, modern livestock production and ranching practices.” This amendment, supported by the North Dakota Farm Bureau, was created in response to pressure from organizations, such as the Humane Society and other organizations, that pushed for laws to ban small crates for chickens and pregnant pigs. This constitutional amendment, which is vaguely and broadly worded, was designed to protect the use of CAFOs. These industrial operations are often viewed as cruel and can create significant problems for the environment and human health. The unsanitary conditions of CAFOs are produced by packing excessive numbers of animals into an unnatural environment. This process creates the risk of infectious disease outbreaks that would be averted under living conditions appropriate for animal species. To prevent these outbreaks from happening, CAFO operators feed sub-therapeutic doses of antibiotics, such as penicillin and […]