The role of local government in imposing pesticide use requirements is important to the protection of public health and the environment. This right was affirmed by the U.S. Supreme Court in Wisconsin Public Intervenor, Town of Casey v. Mortier, June 21, 1991. In this case, the Court affirmed the rights of U.S. cities and towns to regulate pesticides that are not explicitly curtailed by state legislatures. The Court found that in conferring on states the authority to “regulate the sale and use of pesticides so long as the state regulation does not permit a sale or use prohibited by the Act [USC 136v(a)],” the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) “leaves the allocation of regulatory authority to the ‘absolute discretion’ of the states themselves, including the option of leaving local regulation of pesticides in the hands of local authorities.” After the Supreme Court ruling, the chemical industry, both manufacturer and service provider trade groups, went to state legislatures across the country and lobbied the states to take away or restrict the authority of local political subdivisions to restrict pesticide use on private property. Maryland is one of nine statesthat does not prohibit the adoption of local pesticide legislation. In protecting the rights of local political subdivisions within Maryland to exercise their authority to impose pesticide use restrictions, the state is enabling the protection of the health and welfare of Maryland residents.
The ordinance in Takoma Park was drafted by residents Julie Taddeo and Catherine Cummings, who both recognized a need to reduce pesticide use in their community for the long-term health and safety of their children. Ms. Taddeo and her family have lived in Takoma Park for 7 years; when she finally moved into a house with a yard after living in an apartment building for a long time, she was dismayed and baffled to see neighbors spray their yard for dandelions. It clicked for Ms. Cummings when she initially read about the cosmetic pesticide ban in Canadian provinces from Beyond Pesticides’ Daily News. When she realized that a “gold standard” had been created not too far from here, she thought there was no reason that Takoma Park couldn’t do it as well. What began as an effort to educate neighbors in their community grew into a full-fledged campaign, and the creation of Safe Grow Zone.
The City Council hopes that this ordinance will serve as a model for other communities. “Keep going with this,” Councilmember Kay Daniels-Cohen (Ward 3) urged Ms. Taddeo and Ms. Cummings. “You can take this to the next level. You can take it to the county, and keep going all the way through the state of Maryland . . . I think there’s more people out there than you realize who are in your courts.”
In addition to the Canadian laws which helped inspire the Takoma Park ordinance, two of the city’s neighbors have passed laws that restrict pesticide use on public land. Washington, DC enacted the Pesticide Education and Control Amendment Act of 2012 which offers protections from restricted use pesticides on public property near waterways, schools, daycare centers and city-owned property. To the East, the Sustainable Land Care Policy of 2011 in Greenbelt, MD strictly prohibits the use of synthetic chemical pesticides on all city-owned land. Using these policies as guidance, Takoma Park took it a step forward by including private property restrictions. Maryland is one of only nine states that allow local governments to enact stronger protections from pesticides on private property because of preemption laws which prevent municipalities from passing pesticide policies that limit pesticide use restrictions to land owned by the local jurisdictions.
The Takoma Park law focuses on providing public educational materials, including brochures, classes, and public forums to the community on environmentally-friendly practices and compliance with the new restrictions on pesticides. Under the law, homeowners in Takoma Park can still use approved pesticides on gardens, invasive and noxious weeds and insecticides on disease-carrying insects. The Act specifically restricts pesticides for use on lawns that are: classified as “Carcinogenic to Humans” or “Likely to be Carcinogenic to Humans” the U.S. Environmental Protection Agency (EPA); Classified by EPA as a “Restricted Use Product”; Classified as a “Class 9” pesticide by the Ontario, Canada, Ministry of the Environment; and any pesticide classified as a “Category 1 Endocrine Disruptor” by the European Commission.
Of the 30 most commonly used lawn pesticides, 17 are possible and/or known carcinogens, 18 have the potential to disrupt the endocrine (hormonal) system, 19 are linked to reproductive effects and sexual dysfunction, 11 have been linked to birth defects, 14 are neurotoxic, 24 can cause kidney or liver damage, and 25 are sensitizers and/or irritants. Children are especially sensitive to pesticide exposure as they take in more pesticides relative to their body weight than adults and have developing organ systems that are more vulnerable and less able to detoxify toxic chemicals. Thinking of her children and future generations in Takoma Park, Ms. Cummings believes this ordinance is “close to the best thing we can offer for our kids.”
Read More: http://www.beyondpesticides.org/dailynewsblog/?p=11318
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