Some of our favorite fruits and vegetables carry unhealthy levels of chemicals, and pesticide makers who wanted protection against lawsuits have been overruled.
Earlier this month, congressional Democrats removed a rider from an appropriations bill to fund the Environmental Protection Agency that would have granted pesticide makers legal immunity from nondisclosure lawsuits by New Mexicans and others. It also would have hindered state efforts to warn about potential pesticide risks.
Jay Feldman, executive director of the nonprofit Beyond Pesticides, said companies should be held accountable when consumers are harmed.
"This is a basic tenet in our society," said Feldman, "and the industry is really trying to take advantage of the fact that the authority of federal agencies that are mandated to protect public health and safety are being weakened."
The federal provision, which opponents refer to as the "Cancer Gag Act," was removed by Democrats during budget hearings in the House Appropriations Committee.
Feldman said after years of large jury settlements linked to the common weed killer Roundup, chemical giants such as Bayer, formerly Monsanto, have been lobbying for protection from what they call “scientifically-unsound lawsuits." Opponents of the provision argued it would have prevented states from restricting the use of harmful, cancer-causing chemicals.
So-called “failure-to-warn bills” that limit people's ability to seek compensation for harm caused by pesticides are expected in several state legislatures this year.
Feldman said chemical companies are working to weaken both federal and state regulations, while also claiming these regulations adequately protect the public.
"Here’s a chemical industry that has sought to dismantle regulatory programs," he said, "and then they point to those very programs as the protection that the public should feel comfortable with as protecting their health and their environment."
While the provision was removed from the federal funding bill, Feldman said it could be attached to any legislation moving through Congress, including a revised Farm Bill, which is currently operating under extensions of the 2018 law. It's scheduled to expire Sept. 30.
In New Mexico, pesticides primarily kill beneficial pollinators such as bees and butterflies, but can impact everything from monarch caterpillars to coyotes.