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Texas Winemakers Concerned about Crop Damage from New Herbicides

Thursday, January 5th, 2017

(Beyond Pesticides, January 5, 2017) Winegrowers in the Texas High Plains region are concerned that approval of new herbicides by the U.S. Environmental Protection Agency (EPA) will devastate their profitable industry due to chemical damage from pesticide drift. Wine producers in this region of Texas have witnessed chemical damage to their vineyards that they blame on the toxic herbicides, dicamba and 2,4-D, used on cereal crops and pastures on surrounding agricultural land. A new herbicide formulation containing dicamba, XtendiMax with VaporGrip Technology, was approved by EPA, and the agency has recently proposed to register and expand the use of Enlist Duo, a herbicide that contains 2,4-D. EPA’s final decision on registration of Enlist Duo is expected in early 2017. According to Paul Bonarrigo, owner of Messina Hof Winery in Texas, the “approval of these formulations will wind up affecting every vineyard up there.” This will have ramifications across Texas, as the wine industry contributed $1.88 billion to the state’s economy in 2013. Advocates say that the new herbicide formulations present unreasonable adverse risks to humans and the environment in addition to harming the livelihood of farmers. Following on these concerns, Garrett Irwin, owner of Cerro Santo vineyard, stated,“If we get […]

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Death of Four Texas Children Linked to Inadequately Regulated Pesticide, Follows Other Deaths

Wednesday, January 4th, 2017

(Beyond Pesticides, January 4, 2017) The New Year saw its first pesticide-related tragedy yesterday when four children, ranging in age from 7-17, died from a toxic pesticide treatment on their house in Amarillo, Texas. The pesticide at issue, aluminum phosphide, was illegally applied under a mobile home where at least ten people were living. The chemical, classified by the U.S. Environmental Protection Agency (EPA) as a restricted use pesticide (RUP), is restricted for use by certified applicators (and those under their supervision) and it is a violation to use it within 100 feet of residential structures. CNN reports that a family member used water to try and wash away the pesticide after it was applied, and the combination of water and aluminum phosphide increased the release of toxic phosphine gas. The incident demonstrates the deficiency of managing risks of highly toxic chemicals by labeling them “restricted use.” It has been Beyond Pesticides’ position that chemicals with aluminum phosphide’s level of toxicity should not be available on the market, even with restrictions. In making regulatory determinations on pesticide allowances, advocates have urged EPA to calculate the reality of misuse and accidents, instead of assuming 100% compliance with product label instructions. With this approach, the agency would […]

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72 Toxic Inert Ingredients No Longer Used in Pesticide Products Cancelled, 300 Others Still Not Listed on Labels

Friday, December 23rd, 2016

(Beyond Pesticides, December 23, 2016) The Environmental Agency (EPA) has finalized a proposal to ban 72 inert (or secret hazardous) ingredients from use in pesticide formulations following a long fight with environmentalists who, in 2006, asked that pesticide product labels disclose any of 371 inert ingredients that could be in products. While this finalization is a step in the right direction, ultimately the move is viewed by advocates as inadequate. The original petition, submitted by Northwest Coalition for Alternatives to Pesticides, along with Beyond Pesticides, Physicians for Social Responsibility, and nearly 20 other organizations, called on the agency to require disclosure of inerts. To put the announcement in perspective, EPA is acting on 72 inert ingredients that are no longer being used, such as turpentine oil, and nitrous oxide. An inert ingredient is defined as any ingredient that is “not active,” or specifically targeted to kill a pest. According to a 2000 report produced by the New York State Attorney General, The Secret Ingredients in Pesticides: Reducing the Risk, 72 percent of pesticide products available to consumers contain over 95 percent inert ingredients and fewer than 10 percent of pesticide products list any inert ingredients on their labels. The report also found […]

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Syngenta Research Farm Fined $4.8 Million for Illegal Pesticide Use

Monday, December 19th, 2016

(Beyond Pesticides, December 19, 2016) The U.S. Environmental Protection Agency (EPA) last week filed a complaint against a Syngenta research farm in Kauai, Hawaii for exposing a dozen agricultural workers to an unregistered insecticide on the farm in early 2016. Syngenta Seeds, LLC is facing over $4.8 million in fines from EPA for allegedly violating multiple federal pesticide regulations meant to protect agricultural workers. At the time of the incident, 19 agricultural workers went to work on fields freshly sprayed with the insecticide chlorpyrifos, an organophosphate insecticide. The incident with this highly neurotoxic chemical sent 10 workers to the hospital for medical treatment. EPA’s complaint states that Syngenta Hawaii LLC misused the pesticide “Lorsban Advanced” and that violated EPA’s worker protection standard. Due to its neurotoxicity, EPA banned chlorpyrifos for residential uses in 2000, but retained most agricultural use. EPA maintains that Syngenta failed to provide a waiting period for the workers to re-enter the fields. Additionally, Syngenta did not provide workers with personal protective equipment, as well as proper decontamination supplies once the exposure had occurred. At the time of the incident, an inspector from the Hawaii Department of Agriculture (HDOA) was present on the Syngenta farm, which triggered an immediate investigation from the […]

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EPA Rule Tightens Use of Highest Toxicity Pesticides as Advocates Question Their Use

Thursday, December 15th, 2016

(Beyond Pesticides, December 15, 2016) On Monday, the U.S. Environmental Protection Agency (EPA) released the Certification of Pesticide Applicators final rule on restricted use pesticides (RUP) for publication in the Federal Register. According to EPA, the rule creates a national minimum age requirement of 18 for certified applicators, requires all applicators to renew their certifications every five years, and establishes “first time annual safety training for persons working under the direct supervision of a certified applicator.” States have up to three years to create their programs to implement the new rules for RUPs, and can build upon existing programs if they are equivalent or exceed the updated standards. While EPA’s rule represents a tightening of the restricted use provision, critics have long maintained that all persons handling restricted use pesticides —including those who work for companies that work in and around  homes and communities— should be certified because the supervision requirement does not ensure adequate oversight and protection. Those supervising non-certified applicators are not required to be on site, but, can be in telephone contact. Restricted use pesticides are not available for purchase by the general public, and may only be applied by a certified pesticide applicator or a non-certified […]

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Report Finds EPA “Sugarcoating” Effects of Hazardous Neonic Seed Coatings

Tuesday, December 13th, 2016

(Beyond Pesticides, December 13, 2016) Net Loss, a new report released by the Center for Food Safety (CFS), indicates the use of neonicotinoid-coated seeds is exactly that, an economic drain for farmers that only results in the indiscriminate poisoning for non-target wildlife, such as pollinators. The report is a follow up to a 2014 report, Heavy Costs: Weighing the Value of Neonicotinoid Insecticides in Agriculture, which concluded  that neonic seeds bring greater costs than benefits to farmers. Later that year, a study published by the U.S. Environmental Protection Agency (EPA), which  looks specifically at the economic value of neonic coated soybeans, made similar determinations —insecticide seed coating provide little or no overall benefit in controlling insects or improving yield or quality. CFS’s new report cites  numerous new studies published over the past several years that reinforce the group’s original determination on the realized benefits pesticide-coated seeds provide to farmers. Front and center in the report are preliminary results from the European Union’s suspension on the use of neonics on certain agricultural crops. The report finds that after the 2013 EU moratorium, despite cries from the agrichemical industry of rampant crop failures, yields actually increased. For maize, the EU saw a […]

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Industry Challenges Local Maryland Restrictions of Lawn Pesticides as Preempted by State

Wednesday, November 30th, 2016

(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 […]

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Court Knocks Down Local Pesticide Restrictions on Private Property in Hawaii, Upholds Restrictions on GE Crops

Tuesday, November 22nd, 2016

(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 […]

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FDA Stops Testing for Glyphosate as New Report Finds High Levels Are Found in Food

Friday, November 18th, 2016

(Beyond Pesticides, November 18, 2016)  The Food and Drug Administration (FDA) has suspended testing for glyphosate residues in food, according to a  statement made to the  Huffington Post. The suspension was announced as a  new report  was released from  Food Democracy Now!  and the Detox Project, which has exposed dangerous levels of glyphosate contamination in popular U.S. foods. Glyphosate has been  found to cause changes to DNA functioning, resulting in chronic disease, and has been  classified as a probable carcinogen  by the International Agency for Research on Cancer. In February 2016, FDA  announced  that it would start testing for glyphosate in food, following  sharp criticism  from the U.S. Government Accountability Office (GAO) for not using statistically valid methods consistent with Office of Management and Budget (OMB) standards to collect information on the incidence and level of pesticide residues. Now, the agency has suspended testing amid difficulties establishing a standard methodology to use across the agency’s multiple U.S. laboratories, according to  Huffington Post. It was also reported that there have been problems with the equipment, with some labs needing more sensitive instruments.  FDA spokeswoman Megan McSeveney confirmed the testing suspension to the  Huffington Post,  and said the agency is not sure […]

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EPA To Investigate Pesticide Misuse in Hawaii by Terminix and Monsanto

Wednesday, November 16th, 2016

(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 […]

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EPA Registers Dicamba for GE Crops, Adding to Growing Herbicide Resistance Issue

Friday, November 11th, 2016

(Beyond Pesticides, November 11, 2016) The U.S. Environmental Protection Agency (EPA) has registered a new formulation of dicamba to control weeds in cotton and soybean crops that have been genetically engineered (GE) to tolerate the chemical. The new formulation is called Xtendimaxâ„¢ with Vapor Gripâ„¢ Technology, which is claimed to be specifically designed to have lower volatility. The registration, which is time-limited, will automatically expire after two years. According to the Center for Biological Diversity, EPA ignored the legal requirement to explore threats to endangered species, approving this new formulation without considering impacts to species protected under the Endangered Species Act. This decision comes directly after EPA announced that it is reapproving the toxic herbicide mixture Enlist Duo, and proposed to expand the number of crops and states in which it can be used. Dicamba has been linked to damage of the kidney and liver, neurotoxicity, and developmental impacts. The chemical has a strong propensity to volatilize small particles of the herbicide into the air and drift far off-site. Sensitive crop species can be damaged by dicamba at levels in the parts per million.  A study published by Pennsylvania State scientists in late 2015 found dicamba drift was “frequently responsible […]

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EPA Postpones Glyphosate Cancer Review Meeting after Letter from CropLife America

Friday, October 21st, 2016

(Beyond Pesticides, October 21, 2016) Last week, the U.S. Environmental Protection Agency (EPA) postponed  a long-planned Scientific Advisory Panel (SAP) on the carcinogenicity of the widely used herbicide glyphosate due to “recent changes in the availability of experts for the peer review panel.”  However, as veteran journalist, formerly with Reuters, Carey Gillam reports in the Huffington Post, the move was likely the result of a letter industry front group CropLife America sent to EPA just days before the postponement, challenging the bias of certain experts on the panel. Croplife America is a national trade association that represents manufacturers, formulators, and distributors of pesticides, and has a vested interest in tamping down consumer concerns over glyphosate’s carcinogenicity. CropLife’s letter focuses in on two experts that were set to present in front of the EPA panel, Peter Infante, Dr.PH., and Kenneth Portier, PhD. CropLife writes that Dr. Infante will “reflexively discount any and all industry sponsored studies”¦” and indicates that his bias should preclude him from participation in the SAP. The group also asserts that Dr. Portier, who despite admission that “he has not previously testified against or otherwise expressed the patent bias against pesticide manufacturers,” should not be completely disqualified from […]

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Oregon Approves 26 Recreational Marijuana Retailers

Wednesday, October 5th, 2016

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

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EPA Fines Syngenta $1.2 Million for Multiple Safety Violations under Settlement

Tuesday, September 27th, 2016

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

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EPA Proposes that Glyphosate (Roundup) Does Not Cause Cancer

Wednesday, September 21st, 2016

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

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Cannabis Certification Program Restricts Pesticides and Residues

Wednesday, August 31st, 2016

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

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Failure of Hawai’i to Enforce Pesticide Law Sparks Request that EPA Revoke State’s Authority

Monday, August 8th, 2016

(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 […]

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Bayer Loses Appeal of EPA’s Ban of Insecticide Flubendiamide that Kills Wildlife, Distributors Allowed to Sell Off Inventory

Tuesday, August 2nd, 2016

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

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Oregon Prohibits 14 Horticultural Products Used in Marijuana Production, Not Labeled as Containing Pesticides

Monday, July 25th, 2016

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

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Walmart Takes Limited Step to Eliminate Toxic Ingredients in Products It Sells

Friday, July 22nd, 2016

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

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Court Says Law Allows Secrecy of Hazardous Pesticide Product Ingredients

Monday, June 13th, 2016

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

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Congress Passes Toxic Chemical Reforms, but Limits More Protective State Laws

Thursday, June 9th, 2016

(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 […]

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EPA Judge Rejects Bayer’s Challenge to Keep Flubendiamide on Market after Agency Pulls Conditional Registration

Monday, June 6th, 2016

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

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