(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 […]

(Beyond Pesticides, March 13, 2012) The town of Woodbridge, CT voted on last week to ban the use of pesticides on the town’s athletic fields. With the Board of Selectmen voting 5-1, Woodbridge committed to a pesticide-free land management program with the full support of Parks Department director Adam Parsons. The Parks Commission originally wanted to keep one field exempt from the ban in case the Parks Department could not meet their aesthetic standards. But Mr. Parsons told the Board of Selectmen that it would not be a problem. “I am very confident I will not lose a ballfield,” Mr. Parsons told the Milford-Orange Bulletin. “I believe the ban is a good idea for all the baseball fields.” While environmental and public health advocates applaud Woodbridge’s leadership, many would like to see pesticide bans go further and include private property as well. However, Connecticut, like 42 other states, has a “preemption law” that prevents municipalities from passing pesticide policies that limit pesticide use restrictions to land owned by the local jurisdiction. Legislation (Bill 5121) has recently been introduced in the Connecticut General Assembly to overturn this law. A hearing on Bill 5121 is set for Friday, March 16th. Connecticut residents […]

(Beyond Pesticides, December 7, 2011) Aspen City, Colorado, is considering mandating pre-notification of pesticide use so that neighbors and passersby can avoid being exposed to possible toxic chemicals. The notification provides for a 48-hour notice before application, as well as information on the pesticide to be used and its potential health effects. However, the Council stopped short of banning pesticide use outright throughout the city until it could gather additional information on the legal ramification of challenging state preemption law. City Council staff last week requested direction from the Council on whether notification should be required before spraying pesticides, whether minimal restrictions should be imposed on homeowners who spray and whether the city should draft an ordinance that would challenge state preemption laws. Council members are in consensus that the city should move toward mandating pre-notification, and in the meantime continue educational outreach regarding land management practices, which can be more effective than pesticide use. Currently, state law requires pesticide applicators to post notices on properties after they have been sprayed, but not before. While an outright ban would challenge state law, mandating pre-notification would sidestep it. Local governments cannot directly regulate commercial pesticide applicators, but they can regulate homeowners’ […]

(Beyond Pesticides, October 24, 2011) This article is reprinted from the SafeLawns blog by Paul Tukey. Mr. Tukey, the founder of SafeLawns.org, is an American journalist, author, filmmaker and motivational public speaker, who has a particular expertise in environmental issues related to landscape management and water quality. We thank Paul for all of his tremendous work and for the opportunity to discuss on the safelawns.org blog the 30-year history of Beyond Pesticides’ work and the vision and purpose of our work. We will be hosting a reception with live music and screening of the film Vanishing of the Bees on Thursday, October 27th, 6:30 pm at Busboys and Poets (14th and V Streets NW) in Washington, DC. For more information and to RSVP, click here. Read Mr. Tukey’s interview below with Beyond Pesticides Executive Director Jay Feldman, discussing the accomplishments of the last 30 years: Paul Tukey: This coming Thursday, Oct. 27, a remarkable achievement will be marked in Washington, D.C., when Beyond Pesticides celebrates its 30th anniversary. Beginning at 6:30 p.m. at Busboys & Poets, leaders of the environmental movement will come together with the general public for a benefit reception with live music and organic food and drinks. […]

(Beyond Pesticides, January 31, 2011) A bill introduced in the Connecticut legislature will, if passed, allow municipalities to ban and regulate the use of lawn care pesticides, overturning a state preemption law which currently prohibits local governments from imposing pesticide restrictions on private property. Currently, 41 states, including Connecticut, prohibit local jurisdictions from restricting pesticides. Senator Edward Meyer introduced Bill S.B. 244, which has been referred to the state Senate’s Joint Committee on Environment. No hearing date has been set, however the official status of the bill is posted on the state’s General Assembly website. It is important to note, as Nancy Alderman, President of Environment and Human Health, Inc., states, “This bill will not mandate towns to do anything -they would just have the option to treat the lawns in their towns in stricter ways than the state- if they so chose.” Connecticut state law prohibits the application of pesticides on kindergarten through 8th grade school grounds, thanks to a bill that was sponsored by Sen. Meyer in 2007. In 2009, another bill was subsequently passed to expand on the first by banning pesticides on day care center grounds as well. In response to the 2007 mandate, the town […]

(Beyond Pesticides, August 18, 2010) A new law to improve water quality makes it illegal for stores in New York to stock fresh supplies of household dishwasher detergents that contain phosphorus. Stores have 60 days to sell old inventories. Sales for commercial use are to end July 1, 2013. Starting in 2012, a similar ban will apply to lawn fertilizers. The Household Detergent and Nutrient Runoff Law, signed into law by the Governor David Paterson on July 15, 2010, aims to improve water quality in New York by reducing phosphorus runoff into the State’s waterbodies. Environmental officials say phosphorus drains into New York lakes and rivers, which turn green with algae, degrading drinking water and reducing oxygen that fish need. More than 100 bodies of water in the state are considered impaired, including Cayuga Lake and Lake Champlain. With similar measures now effective in 16 other states, including neighboring Vermont and Pennsylvania, many detergent makers produce low-phosphate formulas. Consumer tests show some are cleaning better than even earlier detergents considered environmentally friendly. “The impact of phosphorus is particularly significant in lakes and reservoirs. Over half of all the lake acres in the state have water quality impacts for which phosphorus […]

(Beyond Pesticides, September 14, 2009) On September 9, 2009, the seven draft reports stipulated in President Obama’s Executive Order on the Chesapeake Bay were released by federal agencies. The seven drafts are: reducing pollution and meeting water quality goals, targeting conservation practices, strengthening storm water management at federal facilities, adapting to impacts of a changing climate, conserving landscapes, strengthening science for decision making, and conducting habitat and research activities to improve outcomes for living resources. President Obama signed the executive order on May 12, 2009. The seven draft reports are now available to the public. The Federal Leadership Committee will use these draft reports to create a strategy defining the actions needed to restore the Chesapeake Bay. On November 9, 2009, the strategy will be released for public comment. The public comment period will last 60 days, and a final strategy will be completed by May 12, 2010. Although the final strategy will not be released until May 2010, agencies will be taking action in several areas before the strategy is finalized. EPA Administrator Lisa P. Jackson said, “We will not just be reviewing reports for the next eight months.” She promises to “take advantage of rules that she implied […]

(Beyond Pesticides, October 30, 2008) In an effort to keep its popular yet toxic herbicide 2,4-D on the market, Dow AgroSciences has filed a notice with the Canadian government claiming that Quebec’s ban on cosmetic use of pesticides breaches legal protections under the North American Free Trade Act (NAFTA). The company is likely to pursue compensation from Canada’s federal government under Chapter 11 of NAFTA, which restricts a country from taking measures “tantamount to nationalization or expropriation” of an investment. Despite the threat of legal action, Ontario, which instituted restrictions similar to Quebec’s earlier this year, says it will go ahead with its ban. Public health and environmental advocates have raised concerns that companies are using NAFTA to prevent governments from taking actions to regulate pollution and health threats, and they also warn that the companies’ actions may have a serious public backlash. Chapter 11 of NAFTA is just one of the legal avenues pesticide manufacturers have to make stricter pesticide regulation cumbersome, expensive, and in some cases impossible. For example, 41 states in the U.S. have preemption laws that prohibit municipal authorities from creating pesticide regulation that is more restrictive than the state’s. In a statement that could equally […]

(Beyond Pesticides, July 21, 2008) Advocacy groups are encouraging California’s Senators to support Assemblywoman Fiona Ma’s bill (AB 977) that returns the ability to restrict pesticides to local jurisdictions. Currently, California and 40 other states have pesticide “preemption” laws that deny local authorities the right to pass pesticide restrictions that are more stringent than the state’s laws. Preemption laws are a result of intensive lobbying by the agrichemical industry, and groups in California and across the country believe the time has come to take back the democratic right for localities to adopt restrictions to protect environmental and public health. This authority enables local jurisdictions to respond to exposure scenarios that are not addressed by state law and address unique contamination or poisoning situations. California’s preemption law, passed in 1984, was the first of its kind in the nation and explicitly states that no local government “may prohibit or in any way attempt to regulate any matter relating to the registration, sale, transportation, or use of pesticides.” The state law nullified the first attempt at local pesticide regulation, which was a 1979 Mendocino County prohibition on aerial herbicide spraying that arose from an incident in which herbicide drifted almost three miles […]