9 Most Frequent Misstatements by Hawaii Chemical Companies

http://tinyurl.com/9Misstatements-07-07-15This tinyurl will take you to an active and linked version of the document.  Links to source documents are within the text.9 MOST FREQUENT MISSTATEMENTS MADE BY CHEMICAL COMPANIES IN HAWAI‘I1) CHEMICAL COMPANIES: “All of these chemicals and pesticides have been tested and found to be safewhen used according to the label.”THE TRUTH: No one has ever tested the combined impacts of these chemicals over time in the communities inwhich they are being used. Many of the chemicals (including Atrazine; Paraquat, also known as Gramoxone; andChlorpyrifos, also known as Lorsban) that are regularly used near Hawai‘i homes, schools, andhospitals are banned in other countries. Atrazine, manufactured by Syngenta, has been banned in the European Union since October 2003.See also Paraquat bans and Chlorpyrifos bans. The American Academy of Pediatrics’ “Pesticide Exposure in Children” (2012) cites theimplementation of buffer zones and disclosure notification requirements by States and localities aspositive measures that help mitigate risks. The American Cancer Society’s “Increased Cancer Burden Among Pesticide Applicators and OthersDue to Pesticide Exposure” (2013) states definitively that people who live and work aroundagricultural areas that have high pesticide use suffer a greater incidence of certain cancers andother medical problems. The University of California at Davis recently released a report, “Neurodevelopmental Disordersand Prenatal Residential Proximity to Agricultural Pesticides: The CHARGE Study” (2014), linkingthe long term use of Glyphosate to the increased incidence of autism. Restricted Use Pesticide (RUP) labels forbid their use in conditions which allow the pesticides todrift onto neighboring properties. Nevertheless, there are numerous incidents of drift occurring inHawai‘i, with no legal consequences for the companies. The attached links of two modest studieson Kaua‘i indicate that while the quantities are small, Restricted Use Pesticides are drifting intoneighborhood schools and into adjacent streams:o “Air sampling and analysis for pesticide residues and odorous chemicals in and aroundWaimea, Kaua‘i” (March 15, 2013)o “2013-14 State Wide Pesticide Sampling Pilot Project Water Quality Findings” (May 2014)2) CHEMICAL COMPANIES: “We use less pesticides, not more.”THE TRUTH:Despite the fact that no other farmer in Hawai‘i uses anything close to what these chemical companiesuse, the chemical companies attempt to compare apples to oranges: The chemical companies compare themselves to conventional corn growers (who harvest one (1)crop growing cycle per year). In Hawai‘i, the chemical companies are engaging in industrial andexperimental agriculture, and planting three (3) or more crop growing cycles per year.See the non-confidential records obtained in the lawsuit by Waimea, Kaua‘i residents againstPioneer Hi-Bred International, Inc..Page 1 of 402-26-20159 MOST FREQUENT MISSTATEMENTS MADE BY CHEMICAL COMPANIES IN HAWAI‘I The chemical companies are experimenting with “Roundup Ready” and other chemical-resistantcrops, encouraging greater pesticide use. “Roundup resistance has led to greater use of herbicides,with troubling implications for biodiversity, sustainability, and human health.” The Cascadia Times reported: “Our investigation found that annualized pounds-per-acre usage ofthe seven highly toxic pesticides on Kaua‘i was greater, on average, than in all but four states:Florida, Louisiana, North Carolina and Indiana.” According to Kyle Smith, an attorney representing Waimea Residents in their lawsuit againstDuPont Pioneer, during the August 5, 2013 Kaua‘i Council Meeting regardingBill No. 2491 (Ordinance No. 960): “Sixty-five percent (65%) of the days of the year on average,so about two hundred forty (240) days, they are applying pesticides. You can look at thecombinations that are applied. You could look at it by on the application days, the average isbetween eight (8) and maybe sixteen (16) applications per day of pesticides on these researchfields. Most importantly though and I think what is most relevant for this discussion is the totalusage. Recently, the industry statistics I saw put out at the public comment was that Kaua‘i wasusing about one (1) pound per acre, per season and that the mainland uses about two (2) poundsper acre and I have these charts to show you. Again, I believe it is a seed company graph. Thereality is if you double that because we have multiple seasons, we have three (3) seasons.Typically, two (2) seasons are planted, you are looking at closer to two (2) pounds per acre, thatputs us in the upper-level of the mainland usage. . . . 2010, 2009 you are looking at close totwelve (12) pounds per acre and the average usage, and this is Restricted-Use Pesticides, over thatsame time period would be eight (8) pounds per acre.”3) CHEMICAL COMPANIES: “The information regarding the pesticides we use is already publicinformation.”THE TRUTH: The only State records kept are of Restricted Use Pesticides SOLD in the State of Hawai‘i—NOT thePesticides USED. Additionally, these records are for RUPs only, not all pesticides. The State does not keep records of, and the companies have refused to release any informationregarding, the amount of “General Use Pesticides” (such as Glyphosate) that they are using. The HDOA will no longer provide company-specific data but only aggregated data, which makes itimpossible to determine what chemicals are being used by whom at what geographical location. The HDOA has charged hundreds of dollars to provide the data. Hawai‘i Revised Statutes 149A-31.2 (Pesticide use; posting online) (2013), mandating that HDOA“shall publish on its website the public information contained in all restricted use pesticiderecords, reports, or forms submitted to the department” still has yet to be implemented by HDOA.Page 2 of 402-26-20159 MOST FREQUENT MISSTATEMENTS MADE BY CHEMICAL COMPANIES IN HAWAI‘I4) CHEMICAL COMPANIES: “We are highly regulated.”THE TRUTH:Not really. Federal agencies do not always have a Hawai‘i presence, rarely conduct on-site physicalinspections, and have delegated responsibilities to the States and localities. See also WisconsinPublic Intervenor v. Mortier, 501 U. S. 597 (1991). Even though the chemical companies are by far the largest agricultural users of RUPs in the Stateand operate on over 20,000 acres often adjacent to homes, schools, and sensitive environmentalareas, the HDOA infrequently inspects their operations.o Approximately 43% of the HDOA inspection log incidents are redacted from public viewindicating inspection cases that remain “open” and/or otherwise contain information notavailable to the public.o It takes YEARS to investigate violations and complaints of pesticide drift. See the following: Honolulu Civil Beat, “Does Hawai‘i’s Failure to Enforce Pesticide Use Justify Action Video of HDOA responses to the Kaua‘i County Council during proceedings foro Licensed physicians on Kaua‘i who practice in areas impacted by the chemical companies’operations have expressed that they believe there is 10 times the national rate of certainrare congenital heart defects in newborns.o The State birth defects registry until very recently has not been updated since 2005.by Kaua‘i?” (October 8, 2013)Bill No. 2491 (Ordinance No. 960)5) CHEMICAL COMPANIES: “We only use what every other farmer uses.”THE TRUTH:Based on raw Kaua‘i data provided by HDOA showing three (3) years of RUPs purchased for use inKaua‘i County – NO OTHER REAL HAWAI‘I FARMER USES ANYTHING EVEN CLOSE TO WHAT ISUSED BY THE CHEMICAL COMPANIES. Just in 2012, and just on Kaua‘i, over 5,477 pounds and4,324 gallons were purchased by the chemical companies. The chemical companies have used at least22 different types of RUPs, while regular food farmers use one (1) to possibly three (3) different typesand use only a few gallons every few years. Summary data is here.6) CHEMICAL COMPANIES: “We do not experiment with pesticides.”THE TRUTH: Bacillus thuringiensis corn (“Bt Corn”) is considered a pesticide by the United StatesEnvironmental Protection Agency (EPA), and experiments with Bt Corn require an “ExperimentalUse Permit” (EUP) issued by the federal government. See for example here, and here (documentswere provided by HDOA with all redactions as shown).Page 3 of 402-26-20159 MOST FREQUENT MISSTATEMENTS MADE BY CHEMICAL COMPANIES IN HAWAI‘I The chemical companies have other federal Experimental Use Permits; however, the total numberof experiments conducted with pesticides is not known and public records contain redactions.See for example here, and here (documents were provided by HDOA with all redactions asshown).7) CHEMICAL COMPANIES: “The State and County also use large quantities of pesticides.”THE TRUTH: The State and County primarily use general use pesticides such as Roundup for roadside sprayingand park maintenance. These products are considered non-RUPs by the EPA and HDOA. The State uses very small amounts of RUPs in targeted efforts to fight invasive species.8) CHEMICAL COMPANIES: “The County of Kaua‘i uses more RUPs than anyone.”THE TRUTH: The only RUP the County uses is chlorine gas to eliminate bacteria in water. Chlorine gas is bydefinition a RUP but it is not applied in the open air near homes, schools, hospitals, or othersensitive areas. Its application is very controlled and the information pertaining to its use is public.9) CHEMICAL COMPANIES: “What about golf courses? They use lots of pesticides, too.”THE TRUTH: Reporting of golf course RUP sales on Kaua‘i in 2012 shows only approximately 50 pounds and20 gallons of RUPs are used annually by all of the golf courses on Kaua‘i combined—compared toover 5,477 pounds and 4,324 gallons used by the 4 chemical companies each year. The raw datais here and the summary data is here.- Information provided by Kaua‘i County Councilmember Gary Hooser -Page 4 of 402-26-2015