A California federal court has denied the U.S. Department of Agriculture’s (USDA’s) motion to dismiss a lawsuit brought by environmental organizations challenging USDA’s issuance of a guidance document about the use of pesticides in compost without first having solicited public comment. Ctr. for Envt’l Health v. Vilsack, No. 15-1690 (N.D. Cal., order entered September 29). The Center for Food Safety (CFS), Center for Environmental Health and Beyond Pesticides challenged USDA’s actions on Administrative Procedures Act (APA) grounds, arguing the agency violated federal procedures by not allowing a formal rulemaking and public comment period about a guidance document permitting the use of compost with pesticides in the production of organic food. The court found that the organizations had sufficiently stated their claim under the APA and had standing to sue. “The agency’s unilateral action to allow compost contaminated with pesticides in organic production was contrary to federal rulemaking requirements as well…
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Shareholder advocacy group As You Sow has reportedly withdrawn a shareholder resolution after General Mills Inc. agreed to “consolidate and disseminate guidance to growers of key commodities such as corn and soy on how to protect and minimize the impact of neonicotinoids and other pesticides to pollinators.” According to a July 8, 2015, press release, the company will support the White House’s Pollinator Health Task Force strategy by working with a non-profit conservation group and suppliers to craft policies meant to reverse the decline in honeybee populations. “Many of the crops that General Mills buys depend on pollinators,” said As You Sow’s Environmental Health Program Manager Austin Wilson. “By investing in supply-chain sustainability, General Mills is ensuring the future of its supply chain and its profitability.” Issue 572
A consumer has filed a proposed class action in California federal court alleging that Chiquita Brands, Inc. is responsible for the destructive practices of its “de facto subsidiary,” Cobigua, including the effects of its use of pesticides on the water supply of neighboring communities. Jablonowski v. Chiquita Brands, Inc., No. 15-262 (S.D. Cal., filed February 5, 2015). In the complaint, the plaintiff points to Chiquita’s efforts to represent itself as a responsible company that protects natural ecosystems—including its “famous blue sticker” designed to show that a banana meets the company’s “strict standards”—and he argues that the company indicates that its suppliers are held to the same standards. Cobigua, a Guatemalan company that apparently sells about 95 percent of its stock to Chiquita, “contaminates rivers and drinking water in the affected area with fertilizers, pesticides, fungicides, and organic matter” and “mixes fertilizers into its irrigation system every 14 to 21 days…
Several organizations, including the Center for Biological Diversity, Environmental Working Group and Center for Food Safety as well as the city of Berkeley, California, have filed a lawsuit against the California Department of Food and Agriculture to contest the agency’s approval of a pest management plan that allows pesticide spraying on organic farms, schools and residential yards. Envtl. Working Grp. v. Cal. Dep’t of Food and Agric., No. RG15755648 (Super. Ct. Cal., Alameda Cty., filed January 22, 2015). The groups challenge the alleged lack of evidence supporting the conclusion that the program will have no effect on Californians’ health and argue that the plan violates state environmental laws, including the requirement of public notice before spraying pesticides and the requirement to analyze the impacts on human and environmental health. A January 22, 2015, Center for Biological Diversity press release asserts that the agency received 30,000 opposition letters to the program.…
Several consumer and environmental groups, including the Center for Food Safety and Center for Environmental Health, have filed a lawsuit against the U.S. Environmental Protection Agency (EPA) seeking declaratory and injunctive relief for EPA’s alleged failure to respond to the groups’ 2008 petition calling for regulation of consumer products containing nano-sized versions of silver. Ctr. for Food Safety v. EPA, No. 14-2131 (D.D.C., filed December 16, 2014). According to the complaint, the 2008 petition requested that EPA classify nano-silver products as pesticides and provided EPA with a legal, policy and scientific blueprint for necessary action. EPA opened a comment period on the matter later that year but allegedly failed to take any further action. The petition also included an index of products that contained nano-silver, including food storage containers, food/produce cleaners, cutlery, cutting boards, and ingestible “health” drink supplements. The groups assert that nanomaterials “create unique human health and environmental risks,…
The U.S. Government Accountability Office has issued a report related to its review of the federal government’s oversight of pesticide residues in food. More specifically, the report discusses the congressional watchdog’s analysis of Food and Drug Administration (FDA), U.S. Department of Agriculture (USDA) Food Safety and Inspection Service and USDA Agricultural Marketing Service pesticide residue data, the data’s reliability, and the agencies’ methods for sampling foods for testing. Among other things, GAO recommends improvements in FDA’s methodology and disclosure of the limitations in both agencies’ monitoring and data collection efforts. Issue 544
A recent study in the Annals of Allergy, Asthma and Immunology reportedly attributes an anaphylactic reaction in a 10-year-old girl to the antibiotic pesticide applied to the blueberries in the pie she was eating. François Graham et al., “Risk of allergic reaction and sensitization to antibiotics in foods,” Annals of Allergy, Asthma and Immunology, September 2014. The girl was known to be allergic to penicillin and cow’s milk but not to any ingredients in the blueberry pie. Following weeks of testing on the girl and on the sample of pie, researchers concluded that the streptomycin, an antibiotic often used as a pesticide to combat the growth of bacteria, fungi and algae in fruit, caused her reaction. “As far as we know, this is the first report that links an allergic reaction to fruits treated with antibiotic pesticides,” lead author Anne Des Roches was quoted as saying in a September 3, 2014,…
The U.S. Environmental Protection Agency (EPA) and several conservation groups have agreed to a settlement that limits pesticide use near salmon habitats in three states in a lawsuit accusing the agency of failing to assess the effects of pesticides on salmon despite a 2004 court decision ordering it to consult with National Marine Fisheries Service (NMFS) on the issue. Nw. Ctr. for Alts. To Pesticides v. EPA, No. 10 1919 (W.D. Wash., stipulated settlement agreement filed August 13, 2014). The settlement bans aerial spraying of five pesticides—carbaryl, chlorpyrifos, diazinon, malathion, and methomyl—within 300 feet and ground applications within 60 feet of salmon habitats in California, Oregon and Washington. The restrictions will be in place while NMFS analyzes the impact of the pesticides on salmon, and according to the settlement, EPA will then be required to enact permanent protections based on the findings. The Fourth Circuit struck down similar provisions in 2013…
Representatives of more than 170 countries, the European Union and governmental and non-governmental organizations convened in Geneva, Switzerland, on July 14-18, 2014, for the annual meeting of the Codex Alimentarius Commission. Delegates reportedly adopted a recommendation that no more than 0.01 mg/kg of lead be allowed in infant formula and that raw materials be sourced from geographical areas where lead is less prevalent, citing the particular vulnerability of infants and young children to developmental health effects from lead exposure. Codex also set a maximum allowable level for arsenic in rice of 0.2 mg/kg because long-term exposure to the naturally occurring chemical has been linked to the development of cancer, heart disease and diabetes. Other decisions made during the annual meeting related to restricting the use of eight veterinary drugs (chloramphenicol, malachite green, carbadox, furazolidone, nitrofural, chlorpromazine, stilbenes and olaquinadox) in food-producing animals to prevent any residual quantities in meat, milk,…
Environmental groups have brought actions in state court and before the U.S. Environmental Protection Agency (EPA) seeking action to halt the use of certain insecticides that they claim are linked to the collapse of bee colonies. In California, Pesticide Action Network North America and other groups call on the state Department of Pesticide Registration to “stop approving neonicotinoid pesticides pending its completion of a comprehensive scientific review of impact to honeybees.” Pesticide Action Network N. Am. v. Cal. Dep’t of Pesticide Regulation, No. RG14731906 (Cal. Super. Ct., Alameda Cty., filed July 8, 2014). They specifically challenge the department’s June 13, 2014, decision to expand the use of two neonicotinoid insecticides while its scientific review, begun in 2009, remains pending. Claiming violations of the California Environmental Quality Act and Food and Agricultural Code, the organizations seek a stay of the decision or a writ of mandate directing the department to vacate the decision,…
