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Growers and customers need a arising out of California’s law. The
range of pest management tools Biden Administration through an
for successful plant production and amicus brief to the court reversed
use. But government regulation long-standing policy regarding
at federal, state, and local levels federal preemption over pesticide
increasingly pose a challenge to labeling, adopting the position
filling the toolbox. that federal law does not preclude
states like California from imposing
AmericanHort this week joined more
than 300 farm groups in calling additional labeling requirements.
on Congress to reaffirm federal The letter this week follows an
preemption of state laws that create earlier call in May by AmericanHort
uncertainty around pesticide use and 54 agriculture associations
and access. Under Federal law, the for the Biden Administration to
Environmental Protection Agency withdraw its brief and restore the
(EPA) makes decisions on how traditional interpretation of strong
pesticides may be labeled and federal authority over labels. As U.S.
used. States, in general, regulate Supreme Court ultimately decided
Box Tree Moth Found in Michigan
the sale and use of pesticides in against reviewing the Bayer case, the
Craig Regelbrugge concert with the EPA, but may remaining recourse for advocates is
Federal and state plant health not require additional or different Congressional action clarifying the
officials have reported the detection pesticide labels. The principle of state and federal roles in pesticide
of the boxwood tree moth, federal preemption over state regulation.
Cydalima perspectalis, in Clinton, pesticide labeling gives users clarity An opportunity for Congress to
MI in Lewanee County southwest nationwide, avoiding a patchwork act may come soon enough.
of Detroit. Efforts are underway to of state rules that contradict EPA’s Pesticide registration fees are due
gauge the extent of the infestation, scientific findings and, in turn, may for congressional renewal on
as well as assess its cause (natural disrupt commerce and access. September 30, 2023, with the
spread from Canada, or spread via A lack of certainty on EPA-approved, expiration historically representing
infested plant material being the science-based nationwide labels is an opportunity to review and
most likely possibilities). Meanwhile, a concerning trend for growers and update federal pesticide rules more
AmericanHort and the Horticultural customers who count on access to broadly. A
Research Institute continue efforts a range of crop protection tools. Evan Lee
to fund and leverage research In recent years, the preeminence
to develop and improve pest of federal authority over pesticide Craig J. Regelbrugge
prevention and management tools, regulation has been challenged Executive Vice President
and dialogue with regulators and by state laws, like California’s Advocacy, Research &
the Canadian nursery industry Proposition 65. For example, Industry Relations
on regulatory strategies moving California categorizes glyphosate, 202-789-8111
forward. the active ingredient in Roundup, as Sara Neagu-Read is
Craig Regelbrugge carcinogenic, despite EPA findings to Director of Advocacy and
Government Relations at
the contrary.
AmericanHort Joins Farm Groups AmericanHort
to Reaffirm Federal Pesticide Bayer AG, manufacturer of Roundup
Preemption herbicide, earlier this year requested Evan Lee is Director
the U.S. Supreme Court review a of Policy and
Plants and managed landscapes lower court verdict in a landmark Government Relations at
enhance our environment as well Roundup product liability case AmericanHort.
as human health and well-being.
Get Active. Stay Involved. • WINTER 2022 33
