Proposed Legislation to Watch

By Bob Mann

As we go to press in late August, Senator Tom Udall (D-NM) and co-sponsor Senator Elizabeth Warren (D-MA) together with Representative Joe Neguse (D-CO) in the House introduced legislation that would remove entire classes of pesticides currently used by lawn, landscape and sports turf professionals and would significantly change the way that pesticides are regulated in the United States.

Senate Bill 4406 and House Bill 7940, titled the “Protect America’s Children From Toxic Pesticides Act of 2020” (PACTPA) would remove the organophosphate and neonicotinoid insecticides along with the agricultural herbicide paraquat. Additionally, the bill would allow ordinary citizens to petition the EPA to remove pesticides from the market, remove special use permits that are often used for local pest infestations, and tie those pesticides that are banned in the European Union and Canada such that those pesticides would be banned in the United States as well.

The EU and the USA have diametrically opposing approaches to the evaluation of pesticides, the EU using a hazard-based approach while the EPA uses a risk assessment approach. The problem with the EU system is that it is based in the precautionary principle which states that unless you cannot definitively prove that a substance is not a hazard it should not be allowed on the market. As you cannot ever prove a negative, any substance could in theory fall victim to this approach.

The bills would remove all state preemption of pesticides as well, meaning that localities would be free to regulate as they saw fit. If what’s past is prologue, what we witnessed in South Portland and Portland, Maine in the past couple of years would quickly become the norm as decisions based in emotion overtake those based in science, causing a confusing quagmire of regulations that differ from town to town.

And these are just the lowlights – you can read an overview of the legislation posted by one of the supporting organizations at this link: http://www.panna.org/blog/pactpa-puttingpeople-pesticides

As we understand it today, the bill may get a hearing in the Democrat House but has little to no chance of a hearing in the Republican Senate. With the election just a few weeks away and uncertainty surrounding the outcome of the legislative races, we will have to monitor this bill closely and engage with our elected officials at the proper time to ensure they understand the severe ramifications that would result if this legislation were to ever become law.

Bob Mann is the Director of State and Local Government Relations for the National Association of Landscape Professionals in Fairfax, VA. Connect with Bob via email at Bob@LandscapeProfessionals.org.