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02/12/2009

OBAMA ADMINISTRATION ASKS COURT TO SUPPRESS IDENTITY OF HARMFUL CHEMICALS USED IN APPLE MOTH SPRAY - EPA has requested Judge Armstrong to prevent disclosure of the chemicals in the spray, claiming the manufacturer’s proprietary interest outweighs the public’s right to know.
Press Release
EPA's Administrative Motion to File Under Seal
COMPLAINT


11/25/08 Lawsuit filed challenging EPA's unlawful exemption of the CheckMate pesticides from registration under the Federal Insecticide, Fungicide and Rodenticide Act. PRESS RELEASE / COMPLAINT

Now the EPA has been served they will have 60 days to respond to the lawsuit.
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List of Resolutions Passed By Cities/ Counties

Laws Violated by the LBAM Eradication Program


Legislation

Calif. Senate OKs checks ahead of aerial spraying
"The California Senate has approved legislation that would require a public health and public health evaluation before the state could order aerial spraying to control agricultural pests....The state would also have to evaluate the public health risks and reveal each ingredient in the pesticide to be sprayed. Friday's 23-12 vote sent the bill back to the Assembly to approve Senate amendments."
8/22/08

Support AB 977 -
Contact members of the CA Senate Environmental Quality Committee, Ask them to support AB 977. Sample letter 7/27/08

A very important bill, AB 977 authored by Assemblymember Fiona Ma, is being heard in a Senate committee this Wednesday, August 6th, in Sacramento. This bill strips away the State's right to pre-empt any local ordinances regulating pesticide use, returning control of pesticides to cities and counties. Several of us from various Stop the Spray groups will be attending the committee hearing, where the bill is likely to pass. It faces its biggest hurdle thereafter when it is sent to the Senate Agriculture Committee for approval.

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State Moves Closer To Banning Moth Spraying
The state Senate’s Agriculture Committee Tuesday approved Senator Migden’s resolution, SCR 87, a ban on spraying for the light brown apple moth statewide. The committee passed the proposal on a 4-0 vote. 6/18/08


Statement of Decision in an agricultural emergency case against California Department of Pesticide Regulation (CDPR). Although the facts and the particular emergency were slightly different, it does provide something of a road map for arguing against the LBAM as an emergency. Case no: CFP-06-506744

HR667 Early Plant Pest Detection and Surveillance Improvement Act - Sam Farr; cosponsor 1/24/07

S949 Early Plant Pest Detection and Surveillance Improvement Act - Boxer, Feinstein, Levin; 3/21/07

Bills HR667 & S949, creates funding To amend the Plant Protection Act to authorize the Secretary of Agriculture to enter into cooperative agreements with States to augment the efforts of the States to conduct early detection and surveillance to prevent the establishment or spread of plant pests that endanger agriculture, the environment, and the economy of the United States, and for other purposes.

California bill paves the way for emergency SB556 Light Brown Apple Moth Act of 2007 -Wiggins 5/15/07

Farm bill of 2007, provides pest detection and surveillance funding Specialty Crops: 2007 Farm Bill Issues Updated 02/01/2008

Current Status. Title X of the House-passed farm bill establishes a cooperative federal-state program for early pest detection and surveillance and for threat identification and mitigation. The bill provides $10 million in mandatory funds for the program in FY2008, $25 million in FY2009, $40 million in FY2010, $55 million in FY2011, and $70 million in FY2012. The Senate bill contains the same provision, with some technical differences, and provides the same level of mandatory funds as the House provision in FY2008-FY2010, $50 million in FY2011, and $64 million in FY2012.

Specialty Crops: 2007 Farm Bill Policy Recommendations With economic damages from invasive pests and disease now exceeding $120 billion annually, the specialty crop industry supports expedited and aggressive actions by the Federal government in cooperation with the industry and stakeholders at the state and local levels to eradicate, research, and protect the domestic market from increasing threat of exotic pests and diseases entering the U.S. through international commercial shipments of products as well as the importation of agricultural contraband by vacationing travelers and commercial smugglers.

NAFTA Technical Working Group on Pesticides Development and marketing of alternative Biopesticides. Buzz words: Harmonization, Collaboration, Streamlining The North American Initiative Milestone Report Development and marketing of alternative Biopesticides. Buzz words: Harmonization, Collaboration, Streamlining

 

PDF Includes:
1) HR667
2) S949
3) SB556
4) Specialty Crops: 2007 Farm Bill Issues
5) Specialty Crops: 2007 Farm Bill Policy Recommendations
5) NAFTA Technical Working Group on Pesticides
6) The North American Initiative Milestone Report

Specialty Crop Farm Bill Alliance- Priorities for the 2007 Farm Bill

Specialty Crop Farm Bill Alliance:
American Mushroom Institute /Blue Diamond Growers/ California Association of Wine Grape Grower /California Citrus Mutual California Grape and Tree Fruit League/ California Table Grape Commission /Cherry Marketing Institute /Florida Citrus Mutual /Florida Fruit and Vegetable Association /Florida Tomato Exchange/ Georgia Fruit and Vegetable Grower Association/ Grower-Shipper Association of Central California/ Idaho Grower Shippers Association/ Incorporated National Berry Crop Initiative/ National Potato Council/ National Watermelon Association /Northwest Horticultural Council /Sunkist Growers/ Incorporated Texas Citrus /Mutual Texas Produce Association/ The National Grape and Wine Initiative/ United Fresh Fruit & Vegetable Association /U.S. Apple Association /Western Growers Association/ WineAmerica/
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Since DHS have taken over inspections there has been problems with quality inspections. This is why Senators Feinstein and Durbin Introduce Bill to Transfer Responsibility for Agriculture Inspections from DHS back to USDA. Bill text S.887

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Santa Cruz City Resolution NS-27,783 Passed 02/12/2008

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California Senate Bill 556 - Documents associated with SB 556

Senate Biill - 556 AMENDED IN ASSEMBLY JUNE 21, 2007

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Assemblymember John Laird LBAM Communications

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Santa Cruz City Resolution Opposing the Light Brown Apple Moth Spraying

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SC Board of Supervisors Resolution
The Santa Cruz County resolution ordering "BE IT FURTHER RESOLVED AND ORDERED that no County department shall take any action that would facilitate the aerial application..."
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SC Light Brown Apple Moth Community & Environmental Advisory Task Force request
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FOOD AND AGRICULTURAL CODE SECTION 14001-14015
"This article does not relieve any person from liability for any damage to the person or property of another person which is caused by the use of any restricted material. "

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The actual permit the SC County Agriculture Department signed permit to give approval to the aerial spraying of biochemical pesticides. page 1 page 2 page 3 page 4 page 5 page 6 page 7 page 8 page 9 page 10 page 11 page12 page 13 page 14 page 15 page 16 page 17

The process (sec. 14009.) to have the County Agriculture refusing, revoking, suspend the aerial spray permit. (source)


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ACR 117 Assembly Budget Committee Chair John Laird (D-Santa Cruz) introduced
an Assembly Concurrent Resolution that calls on the California Department
of Food and Agriculture (CDFA), the Department of Pesticide Regulation, the Office of Environmental Health Hazard Assessment and other relevant state departments to address unresolved health, scientific and efficacy issues surrounding the CDFA’s Light Brown Apple Moth (LBAM) eradication plans.
March 13, 2008 Passed 4/16/08

This bill transfers the burden of proof of safety to the government, requires addressing the health, scientific, environment and efficacy issues, requires a plan on monitoring and tracking, requires air sampling and analysis of health outcomes, requires determining how to respond to the 600+ health complaints and an independent analysis of impacts on health and the environment. All of these are valuable and necessary actions which the CDFA should have already been doing. However, all of the elements of the bill still assume that the state has the right to inflict these chemicals on private citizens and their property without their consent.


AB 2892 (Swanson) Pests: eradication: aerial spraying of pesticide: voter consent. This bill would require the secretary, if the secretary determines that it is necessary to apply a pesticide aerially in a proclaimed pest eradication area that includes an urban area, to first obtain the consent of 2/3 of the registered voters of the affected cities and counties.

This bill includes public participation but still violates the rights of the individual as written in the CA and US Constitutions, to have their safety, property and privacy protected. Additional problems with the bill:
1. It is a one time vote per campaign and the CDFA LBAM campaign is planed to go on for years and years and you only get a one time vote. 2. Voting process can be by mail which is a very unsafe voting process with little to no possible recount. 3. Can and will pit parts of the county that are in the spray zone against parts of the county that are not in the spray zone. We can be sure a city would vote to approve spraying in another city if they were led to think that would save them from being sprayed.



AB 2765, by Assemblymember Huffman, sets new limits on the emergency powers of the Department of Agriculture. It requires a public hearing to receive testimony and examine alternatives to aerial spraying prior to any decision to spray. It further bars emergency spraying in an urban area unless there is full disclosure of all elements in any pesticide product, and a certification of the safety of the product by state health officials. February 27, 2008

A public hearing is a step in the right direction, as is exploring alternatives to aerial spraying. So is full disclosure of ingredients and a certification of safety. However all power is still left with the state to violate rights to privacy and safety.

AB 2763 would enact the Invasive Pest Planning Act of 2008, by Assemblymember John Laird. The bill would require the Department of Food and Agriculture to create a list of invasive animals, plants, and insects that have a reasonable likelihood of entering California for which an eradication program might be appropriate. Introduced February 27, 2008 Bill Passed 04/04/08

A list of possible eradication targets would be useful, but the rights of the people are not protected by this bill.

AB 2760, by Assemblyman Leno would require that an Environmental Impact Report be completed before the state Department of Food and Agriculture can apply pesticide in an urban area for the eradication of the light brown apple moth.February 27, 2008

While it seems obvious that an EIR should be required before spraying urban areas with pesticide, this bill ignores the people's constitutional right not to be have their property sprayed and to be immersed in toxins without their specific consent. The power that was given to the Secretary of Agriculture needs to be rescinded from that position or anyone else, rather than putting layers of legislation on top of a fundamentally unconstitutional capability.

AB 2764, by Assemblywoman Loni Hancock, will prohibit the Secretary of Food and Agriculture from approving the application of a pesticide in an urban area, unless the Governor has proclaimed a state of emergency. Current law allows the Secretary of Food and Agriculture, to proclaim any area in the state an eradication area. February 27, 2008
History

This bill would rescind the bureaucrat's ability to unilaterally inflict the spray, and leave it solely in the hands of the Governor. It still bypasses, however, the sovereign rights of the individual to have his privacy, property and safety protected. These rights are more fundamental than a vote of the collective. A lynch mob has only one dissenting vote, but that doesn't make it right, fair or safe. As well, the government has control of the voting machines and process and far greater access to media persuasion than the people.

February 27, 2008
SCR 87, INTRODUCED BY Senator Migden
"Light brown apple moth. This measure would request the Department of Food and Agriculture to impose a moratorium on any aerial spraying that may be a part of the department's eradication campaign of the light brown apple moth until the department can demonstrate that the pheromone compound it intends to use is both safe to humans and effective at eradicating the light brown apple moth."


This bill allows the government to spray when it demonstrates that the compound is safe and effective. It would be very easy for the CDFA or the USDA to get the EPA to offer such assurance as they have in numerous incidents in the past. The rights of the individual to safety, property and privacy have still been superseded.

February 22, 2008
SACRAMENTO—Assemblymembers John Laird (D-Santa Cruz), Loni Hancock (D-Berkeley/Oakland), Mark Leno (D-San Francisco) and Jared Huffman (D-San Rafael) today introduced a 4-bill legislative package to address the eradication effort for the Light Brown Apple Moth and other invasive species. In addition, Assemblymember Laird released draft language for a joint resolution to be introduced next week.

 

  
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California Public
Records Act


FILING A LAWSUIT


CEQA: The California Environmental Quality Act

Chapter 3, Article 18, Section 15269, Subsection (c)

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US EPA- Pesticides: Regulating Pesticides

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CALIFORNIA CONSTITUTION ARTICLE 1 DECLARATION OF RIGHTS

SECTION 1. All people are by nature free and independent and have inalienable rights. Among these are enjoying and defending life and liberty, acquiring, possessing, and protecting property, and pursuing and obtaining safety, happiness, and privacy.
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MONTEREY BAY UNIFIED AIR POLLUTION CONTROL DISTRICT:

RULE 403 - PARTICULATE MATTER


Berkeley City Peace and Justice Committee
Resolution opposing the California Department of Food and Agriculture (CDFA) and the U.S. Department of Food and Agriculture's (USDA) pesticide program to attempt to eradicate the Light Brown Apple Moth

East Bay Pesticide Alert / Don't Spray California Resolution opposing LBAM spray.



EPA WAVED ROUTINE TESTS AND ECO REVIEW ON LBAM PESTICIDE Section 18 of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)


EPA - ENVIRONMENTAL PROTECTION AGENCY
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Public Records Request Act


 

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