Ok, if you previously read the PDF document we made explaining Clopyralid, then great! (it's now at bottom of this page). This is mostly the same information but this time with visuals and in bite size chunks... aka more fun!
How it works: just follow each question mark on the path to learn more about the topic for each page. This could be a choose your own adventure if you want but we recommend going through this sequentially if you can take it.
What leads to Clopyralid being misused?
This is a question that is both easy and more complicated to answer.
The easiest answer is that if the federal and state rules regarding its use are followed exactly, Clopyralid would not show up in our community gardens.
The more complex answer may be found by following Clopyralid’s path to understand where and how it escapes the boundaries designed to protect our communities from its presence.
The long and the short of the story is misuse by human error. But, where are the possible errors happening? Asking questions like a detective has led to some answers but has also opened up a ton more questions. We have been surprised. We are trying to keep an open mind with this to keep out of judgment. We’ll answer where we can and keep investigating where more questions arise.
Here are some of the questions we are now asking after experiencing the misuse of Clopyralid? Still investigating. More to come on these next questions, stay tuned:
- Should clopyralid just be banned from use?
- Is it even possible to contain clopyralid to its allowed uses?
- Is financial gain motivating the misuse of clopyralid?
- Are state and local agencies actively investigating, testing and enforcing the rules that would prevent misuse?
- If misuse occurs and clopyralid breaks into the organic supply chain, wouldn’t the certification of OMRI or Oregon Tilth reassure us that gardening materials are clopyralid free? If so, how does it end
- Are manufacturers selling to unlicensed, inexperienced applicators leading to misuse?
- Are the applicators following the rules for use?
- Are applicators spraying prohibited uses such as being too close to restricted use fields where the wind may carry the residue?
- Are producers of manure using animal bedding such as hay or straw that later is sold to a prohibited use such as into the composting chain? (Yes. Plants are that sensitive to clopyralid)
- Are compost and manure producers making sure clopyralid has broken down before it is sold into the organic supply chain? Are these producers testing their materials? Are these producers overwhelmed with product and have limited storage space?
That’s it for now. Geeze!
How is it regulated and tested?
This next section reads more like a lullaby, but it is important, so here we go…
Below you will see how Federal, State and many local organizations each play a role in regulating, testing and ongoing enforcement of Pesticide use in our community.
Lets take a closer look into each organization’s role...
Where is it prohibited to use?
So, any location other than the list above (under allowable uses) is a prohibited use of Clopyralid. Just to be clear, the prohibited uses include:
- Residential lawns
- School grounds
- Parks
- Commercial and public turf plantings
- Recreational areas other than golf courses
- Grass clippings or other materials from a treated site (containing clopyralid) for use in compost
In addition to the EPA provisions for herbicide use, these ODA pesticide provisions apply.
- Any application or use of a pesticide product known to contain the active ingredient clopyralid to a location other than an agricultural, forest, right-of-way, golf course or cemetery site is prohibited.
- For the application or use of a pesticide product containing clopyralid on a site allowed under (1) above, all applicable label instructions must be followed. Providing grass clippings or other materials from a treated site for use in compost is prohibited.
- Pesticide products are known to contain the active ingredient clopyralid and having product labeling which authorizes application or uses on an agricultural, forest, right-of-way, golf course or cemetery site, or on any other site, may be registered and distributed during 2003. For 2004 and subsequent years, a pesticide product known to contain the active ingredient clopyralid must satisfy one of the following requirements in order to be registered: (a) The label must specify that the product may only be used on sites allowed by (1) above; or (b) The label must clearly and prominently display the following statement: "Use of this product in Oregon is limited to the sites stated on this label which are agricultural, forest, right-of-way, golf course or cemetery sites."
- Failure to comply with sections (1), (2), or (3) above may result in one or more of the following actions:(a) Revocation, suspension or refusal to issue or renew the license or certification of an applicant, licensee or certificate holder in accordance with ORS 634.322(4); (b) Imposition of a civil penalty, in accordance with ORS 634.900; (c) Any other enforcement action authorized under ORS 634.
Read More:
It can be sprayed on our food? Really?
Yep, clopyralid really can be sprayed on the crops that grow our food. In establishing a list of allowable edible crops suitable for its use, the EPA has conducted and evaluated human health and environmental risks through thorough toxicity testing. This testing resulted in established "tolerance" levels, or the maximum safe amount of an herbicide that can be used when clopyralid is sprayed on both edible and non-edible agriculture uses.
The product label of the herbicide is a good place to look to discover the specific edible crops allowable for use. Manufacturers such as Dow’s Corteva, lists the edible crops suitable for clopyralid’s use.
Check out an example of a label and manufacturer's website below.
The Allowable crops to treat with Clopyralid are:
What about Washington state's laws?
Here are the regulations that Washington State has adopted specifically to clopyralid. (starting at section 16-228-1235)
Read More:
Washington State Legislature - Department of Agriculture
FIFRA - Federal (Congress)
It starts in Congress. The Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) is a United States federal law that set up the basic U.S. system of pesticide regulation to protect applicators, consumers, and the environment.
It is a violation of federal law to use a pesticide in a manner inconsistent with its labeling. It travels to the EPA next.
Read More:
EPA - Federal
The EPA is responsible for administering the regulations of FIFRA. Before a pesticide may be sold or distributed in the United States, it must be registered (licensed) with the EPA. The registration process includes approved uses and establishes a "tolerance" level or the maximum safe amount of pesticide that can be used. The registration process involves evaluating human health and environmental risks through thorough testing. The EPA continues to review each registered product approximately every 15 years to determine if it meets FIFRAs registration standards.
The EPA also has the responsibility of reviewing pesticide product labels as part of the licensing and registration process. Are you still with us?
In addition, at any time after registration, if a registrant becomes aware of information regarding unreasonable adverse effects associated with the registered pesticide, the registrant is obligated to notify the EPA of that information. If EPA becomes aware (either on its own or after receiving a citizen petition) of any authorized use of an existing registered pesticide that may be causing unreasonable adverse effects, EPA may issue a notice of intent to cancel the registration, triggering a cancellation process.
Onward...
Read More:
Dept. of Agriculture - State (Oregon Dept. of Agriculture (ODA))
OK, we are getting closer to regulations at home…
States can either accept the federal regulations of use or pass their own pesticide regulations, provided they are at least as stringent as federal.
States have primary authority for compliance, monitoring, and enforcing against illegal pesticide use. In the state of Oregon, the Oregon Department of Agriculture (ODA) is responsible for enforcing State and Federal regulations regarding the licensing, distribution, and use of pesticide and fertilizer products. For the purpose of registration, each pesticide product must be distinguishable from any other pesticide product by its content, EPA registration number, brand name, trade name, manufacturer, registrant, use as specified in labeling, or other distinction.
In addition to ODA, many other state and local agencies in Oregon cooperatively contribute resources to the regulation, monitoring and use of pesticides in domestic, industrial, agricultural, and forestland environments.
The Pesticide Analytical and Response Center (PARC), a department within the ODA, coordinates investigations to collect and analyze information about reported pesticide-related incidents in Oregon that have suspected health or environmental effects. PARC is mandated to perform the following activities:
- collect incident information
- mobilize expertise for investigations
- identify trends and patterns of problems
- make policy or other recommendations for action
- report results of investigations
- prepare activity reports for each legislative session
Read More:
- ODA – Pesticide and Fertilizer Programs
- ODA - Pesticide Analytical and Response Center (PARC)
- ODA – Oregon Regulations on Pesticide Applications
Wow! ODA has a big responsibility!
Organic Certifiers - OMRI, Oregon Tilth
Many of us choose organic products that support healthy soil, water, and air, leading to healthier plants, animals, and people. The organic label offers assurances for the integrity of the product.
OMRI
OMRI (Organic Materials Review Institute): OMRI is an independent nonprofit organization that reviews input products, such as fertilizers, pest controls, and livestock health care products to determine their suitability for producing organic food and fiber. Inputs are products used to grow, process, or produce organic foods or fibers.
The OMRI Listed® seal assures the suitability of products for certified organic production.
OMRI listing is not equivalent to organic certification. However, OMRI recognizes that the term “organic” may be used to identify and market input products that are compliant for use in organic production
OMRI conducts site inspections and product sampling when there is cause to collect such information, and also to randomly verify compliance. Inspection and sampling costs are passed on to the company.
Companies that wish to have their products reviewed to be listed with OMRI must pay initial registration fees, annual renewal fees, annual product fees for each product and may be subject to miscellaneous and change fees. OMRI ’s initial and annual fees are based on the company ’s annual gross sales
Read More:
Oregon Tilth
Oregon Tilth: Oregon Tilth is a nonprofit membership organization dedicated to supporting and advocating organic food and farming. Oregon Tilth's purpose is to educate gardeners, farmers, legislators, and the general public about the need to develop and use sustainable growing practices.
Oregon Tilth is an Accredited Certifying Agent (ACA) for the USDA's National Organic Program
Oregon Tilth Certified Organic (OTCO), the certification program of the organization, engages in organic certification activities for:
- Producers of organic crops and livestock
- Wild harvest of organic crops
- Processors of organic foods
- Handlers of organic foods such as packers, brokers, distributors, and wholesalers
- Restaurants and Retailers
- Fiber and Textiles
- Personal Care Products
During the initial certification process, OTCO conducts a material review and on-site inspection of each production unit, facility, and site that produces or handles organic products. During the on-site inspection, collection and testing of soil, water, waste, seeds, plant or animal tissue, and processed product may be undertaken at OTCO's or the inspector's discretion.
Companies that wish to have their products certified by Oregon TILTH must pay an initial application fee, new certification fee, annual renewal fee and annual inspection fees. TILTH ’s initial certification and annual renewal fees are based on the company ’s annual gross sales. Dual scope organizations such as organic farm operations also manufacturing and selling organic processed products, must obtain both classes of certification (i.e. a farm and a processor certification) and pay certification fees based on the total sales of certified products (i.e., the combined sales of crops and processed products). Restaurant and retail certification and annual renewals are based on the number of locations.
Once an operation is certified, OTCO conducts mandatory annual inspections. Additional and unannounced inspections may be conducted as needed at the discretion of OTCO. No fees are assessed for unannounced inspections except for the possibility of pass through costs due to noncompliance issues
When there is reason to suspect that an organic product has been produced using or contaminated with a prohibited substance, OTCO will require sampling and testing to be conducted. OTCO is required to conduct residue sampling at a minimum of 5 and 10% of all certified operations.
If test results indicate pesticide residues or environmental contaminants that exceed regulatory tolerances, OTCO promptly reports such data to the federal health agency. When residue testing detects prohibited substances at levels above 5 percent of the EPA tolerance level, or the actual FDA action level, the agricultural product must not be sold, labeled or represented as organically produced. OTCO, the state organic program ’s governing state official, or the USDA may conduct an investigation of the certified operation to determine the cause of the prohibited substance ’s presence.
Read More:
Whew! Are you still awake? So, here's a question that continues to be investigated:
Can the way in which pesticides are monitored and enforced be improved?
