Advocates welcome the globally precedent-setting new regulation but call for the exact field location of applications
LINDSAY — The Department of Pesticide Regulation (DPR) on Dec. 19 announced a new rule that will provide notice to the public in advance of applications of certain hazardous and drift-prone agricultural pesticides. The move toward increased transparency regarding chemical use in agriculture was broadly welcomed in the farmworker communities of the San Joaquin Valley and Central Coast where use is concentrated, but advocates noted that the rule will provide only the square-mile vicinity of applications and not the exact field location.
“We’ve been fighting for better protections from hazardous pesticides for many years, including the simple right to know about planned chemical use in our neighborhoods,” said Noemi Chico, a teacher’s assistant in Salinas. “California has taken a step in the right direction, but what we really need to know is whether an application is planned for next door or a mile across town.”
Worldwide, there are few and limited exceptions to the secrecy surrounding pesticide applications. Although the many health harms of pesticide exposure, which include cancer, asthma, autism, birth defects, are well documented, the public is not informed in advance when such applications will occur.
The new regulation will change that, by providing advance notification of applications of pesticides classified as “restricted materials”, those considered most hazardous or drift-prone, for which growers must obtain a permit and submit a “Notice of Intent” (NOI) prior to use. Beginning in January 2025, Californians will be able to sign up to receive text or email notifications when applications are planned within a nine-square mile area around a specific address, and can also visit a webpage on which all planned restricted material applications in the state are depicted on an easily searchable map. The program will initially be offered in English and Spanish, with plans for additional languages to be added.
Given the concern that the program will not provide the exact location of applications even though this information is known to local officials, advocates noted that the proposed regulation provides a way for improvements to be made to the rule after it takes effect. The new regulation includes a 3-year process of public engagement and comment, overseen by DPR’s new Environmental Justice Advisory Committee. This provision will ensure that changes can be made in the future if needed.
“The commitment to review and improve the regulation in the future is a critical component of the new notification program,” said Angel Garcia of the statewide coalition Californians for Pesticide Reform. “We believe that not providing the exact field location of applications will prove to be a critical omission, and too often laws and regulations don’t get revisited after they are finalized. This provision gives some assurance that the program can be fixed if it’s not working.”
— Californians for Pesticide Reform (CPR) is a diverse, statewide coalition of 200+ member groups working to strengthen pesticide policies in California to protect public health and the environment. Member groups include public and children’s health advocates, clean air and water groups, health practitioners, environmental justice groups, labor, education, farmers and sustainable agriculture advocates from across the state.