To: The ******** City Council orÖ..

From: East Bay Pesticide Alert / Donít Spray California

Re: Resolution opposing the California Department of Food and Agriculture (CDFA) and the U.S. Department of Food and Agricultureís (USDA) pesticide program to attempt to eradicate the Light Brown Apple Moth

Date: Spring,2008

 

Whereas, the Light Brown Apple Moth (LBAM) is a pest subject to Federal and State quarantine and eradication orders; and

 

Whereas, there is a claimed presence of Light Brown Apple Moth (LBAM) in Alameda County; and

 

Whereas, the CDFA plans to expand the LBAM pesticide program which began in 2007, to Alameda and surrounding areas in 2008; and

 

Whereas, pesticide applications have repeatedly been shown in the past to cause unintended, sometimes unpredictable, and often serious human health effects; and

 

Whereas, pesticide applications have repeatedly been shown in the past to upset natural ecosystem balance in sometimes unpredictable and often catastrophic ways; and

 

Whereas, botanists and entomologists have testified that pheromones, pesticides, and even sticky traps may threaten non-target organisms, including similar yet not fully understood moth species whose importance in the ecosystem is not yet fully understood; and

 

Whereas residents, workers, students and visitors to Berkeley, and people around the world, have recognized that the CDFA and USDA have manufactured a crisis and claimed an emergency exemption under the California Environmental Quality Act (CEQA) in order to aerial spray without conducting an Environmental Impact Report (EIR); and

 

Whereas, the state has confirmed that it will produce an EIR after the resumption of aerial and ground pesticide applications; and

 

Whereas, the use of toxic chemicals results in reliance over time on more chemicals; and

 

Whereas, exotic plant experts, Dr. Daniel Harder and Jeff Rosendale, have testified and reported that purported damage attributed to the LBAM in New Zealand occurred only prior to 2001, and once the pesticide regime was stopped, the LBAM ceased to be a problem as LBAM predators which had been killed by pesticides were allowed to regenerate and keep the LBAM naturally-controlled; and

 

Whereas, according to the Hawaiíi Department of Agriculture, the LBAM is not considered a significant pest but may even be considered beneficial, as a control measure for invasive gorse and blackberry; and

 

Whereas, biologists have testified that the LBAM is unlikely to be eradicable; and

 

Whereas, UC Davis entomologist James R. Carey has testified that the range over which LBAM has been detected in California indicates that it has been established in the state for some time; and

 

Whereas, the CDFA has stated that no physical crop damage has been attributed to LBAM; and

 

Whereas, the risk of economic damage alone does not justify the health and environmental risk of pesticide applications; and

 

Whereas, farmers have suffered economic damage not due to the presence of the LBAM on their farms, but due to the damage caused by the Stateís demands of extensive handling of delicate crops in search for the LBAM; and

 

Whereas, Organic farmers have suffered economic damage due to CDFA interfering with, and further diluting, Organic industry standards by allowing synthetic chemically-treated crops to continue to be labeled Certified Organic, resulting in consumers seeking produce from outside of application zones; and

 

Whereas, nursery owners have suffered economic damage not due to the presence of the LBAM in their nurseries, but due to temporary closure during and after pesticide applications, and the threat of permanent closure for refusal to comply with the pesticide programís pesticides protocol; and

 

Whereas, the CDFA has stated that, residents cannot refuse pesticide applications at their homes and properties; and

 

Whereas, hundreds reported health problems following pesticide applications, including headaches, gastro-intestinal pain, rashes, reproductive system irregularities including post-menopausal resumption of menses, asthma attacks and difficulty breathing, including respiratory arrest in an eleven month-old baby; and

 

Whereas, sicknesses reported were consistent with expected effects of ingredients of pesticides applied; and

 

Whereas, CDFA has not addressed the synergistic effects of combined chemicals, most of which are kept undisclosed, protected as ìproprietaryî by trade secret laws, are frequently far more toxic than the active ingredients, and are specifically designed to interact synergistically to achieve greater toxicity than any chemical by itself; and 

 

Whereas, the pesticides that are part of this program are associated with gastro-intestinal illness, are harmful if absorbed through skin, are neurotoxic, carcinogenic, endocrine-disrupting, chromosome-damaging, cause damage to the immune and central nervous systems, hearing and memory loss, leukemia, genetic damage, and are associated with birth defects; and

 

Whereas, the pesticides that are part of this program are toxic to beneficial insects such as bees, ladybugs, parasitic wasps, including the Trichogramma (which is part of this program), non-targeted moths, as well as fish, oysters and other marine mollusks, a wide variety of other aquatic organisms, birds, cats, other mammals, and even plants; and

 

Whereas, other environmental impacts following pesticide applications were reported, such as the death of pets who died of identical symptoms to their affected guardians; and

 

Whereas, birds and honeybees disappeared for lengths of time after pesticide applications from gardens they frequented previously; and

 

Whereas, a red tide developed, more dramatic than any in the area in at least 40 years, blamed on surfactants consistent with inert ingredients in pesticides, resulting in the death of hundreds of birds; and

 

Whereas, pilots employed by CDFA to apply pesticides mistakenly sprayed outside of designated application zones; and

 

Whereas, the California Constitution guarantees the right not only to retain, but to obtain, health; and

 

Whereas, The Nuremberg Code, Directives for Human Experimentation, states that human experimentation without consent is illegal; and

 

Whereas, complicity in the commission of a crime against humanity as set forth in Principle Vl of the Nuremberg Principles is a crime under international law; and 

 

Whereas, claims of safety of synthetic chemicals classified as pesticides is illegal, but CDFA persists in calling some of the pesticides used in this program safe; and

 

Whereas, the burden of proof of safety must reside with the pesticide manufacturers; proponents; executors; and applicators; and

 

Whereas the State has relied almost entirely on its own scientists to address concerns about the LBAM pesticide program and has not employed independent, outside experts to evaluate and support the program nor address issues in a direct and impartial manner; and

 

Whereas Emeritus Professor of Pharmacology and Toxicology Richard Philp testified that the USDA and EPA documents ìare suggestive of a poor understanding of basic pharmacological and toxicological principlesî; and

 

Whereas the City of Berkeley has embraced the Precautionary Principle and passed a Resolution to the effect; and  

 

Whereas the City of Berkeley has a long history of commitment to avoiding pesticide use, which is reflected in their pesticide ordinance; and

 

Whereas, CDFA insists that local governments have no control over this programís implementation; and

 

Whereas, the people residing within and visiting the boundaries of those local governments depend on protection by elected representatives; and  

 

Now, therefore be it resolved and ordered that the ******* City Council opposes the USDA/CDFA pesticide program to eradicate the LBAM; and

 

Now, therefore be it resolved and ordered that the ******* City Council demands that the USDA downgrade the pest classification of LBAM to reflect the lack of risk it poses.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Documentation for Resolution opposing the California Department of Food and Agriculture (CDFA) and the U.S. Department of Food and Agricultureís (USDA) pesticide program to attempt to eradicate the Light Brown Apple Moth

 

 

Pheromone Search - 942 Monterey County Moths - Lancelot Houston: ìNon-targetî moth species in Monterey County, affected by the CDFAís supposedly ìtargeted pheromone

http://eastbaypesticidealert.org/Pheromone%20Search.pdf

 

Pheromone Trap Colour Determines Catch of Non-target Insects - New Zealand Plant Protection Society

http://ww.nzpps.org/journal/53/nzpp53_216.pdf

 

LBAM Status report from New Zealand by Dr. Daniel Harder and Jeff Rosendale - March 6, 2008 http://democrats.assembly.ca.gov/members/a27/pdf/HarderNZReportFINAL.pdf

 

Buckwheat study showing that flowering buckwheat sown in grape fields, attracts parasitic wasps and other beneficial insects, and extends the food supply of insect predators of the LBAM caterpillar, by days to over a month, also extending their effectiveness in managing the moth http://www.vineyardshop.com.au/modules/news/newsview.aspx?NewsID=TVSN0337

 

List of natural enemies of the LBAM http://www.hortnet.co.nz/key/keys/info/enemies/lba-enem.htm

 

Hawaii Department of Agriculture Press Release in response to USDA quarantine ñ May 2007 ñ LBAM beneficial in some cases

http://www.lbamspray.com/00_Documents/2007/News%20Release%20-%20NR07-09%20-%20May%202,%202007%20%97%20Hawaii%20Department%20of%20Agriculture.htm

 

UC Davis entomologist James R. Carey statements regarding eradicability

http://forum.stopthespray.org/viewtopic.php?f=10&t=61

Dr. Careyís Presentation to the State Assembly Legislature Committee on Agriculture ñ March 2008

http://democrats.assembly.ca.gov/members/a27/pdf/AssemblyAg_Committee_LBAM2.pdf

 

Organicís Organics - on the natural food industry seeking organics grown outside the spray zones

http://www.metroactive.com/metro-santa-cruz/12.12.07/nuz-0750.html

 

Blue Bamboo nursery forced to close http://www.bohemian.com/metro-santa-cruz/06.27.07/moth-0726.html Ý

 

Full report of 2007 health complaints including survey of impact on homeless residents of Monterey and Santa Cruz http://www.indybay.org/uploads/2008/01/05/spraycompl2.pdf

 

No Spray Zone overview of Btk ñ used to hose down neighborhoods and private gardens

http://eastbaypesticidealert.org/No%20Spray%20Zone%20paper%20on%20Btk.PDF

 

Toxicological profile for Btk by Northwest Coalition for Alternatives to Pesticides http://www.pesticide.org/btk.pdf

 

Isomate LBAM Plus Twist Ties ñ manufacturerís MSDS - ìHarmful if absorbed through skinî ñ 250 per acre, 40 per property ñ low hanging in easy reach of children

http://www.pacificbiocontrol.com/Light%20Brown%20Apple%20Moth%20-%20LBAM_files/MSDS-LBAM.pdf

 

Dangers of Permethrin Fact Sheet by Caroline Cox ñ to be painted on minimum of 3000 utility poles and trees per square mile http://www.mindfully.org/Pesticide/Permethrin.htm

 

Most recent toxicological profile for Permethrin http://eastbaypesticidealert.org/Permethrin%20Safety%20Review.htm

 

USDA quarantine exemption request to use a new chemical, which has not been registered by the EPA. This is the ìpheromoneî, the ìactiveî ingredient in CheckMate, the synthetic ìpheromoneî used in aerial applications. http://eastbaypesticidealert.org/USDA%20quarantine%20exemption%20request.PDF

 

Most recent indepth toxicological profile for CheckMate http://eastbaypesticidealert.org/Checkmate%20Chemicals%20Safety.htm

 

Toxicological profile of Chlorpyrifos by NCAP ñ forced on nurseries http://www.pesticide.org/chlorpyrifos.pdf

 

Chlorpyrifos Fact Sheet by Chemical Watch and Beyond Pesticides

http://www.beyondpesticides.org/pesticides/factsheets/Chlorpyrifos.pdf

 

Unidentified Inert Ingredients in Pesticides: Implications for Human and Environmental Health - Cox and Surgan http://www.ehponline.org/members/2006/9374/9374.pdf

 

Moss Landing Mystery Spill ñ Discussion about what killed the birds that washed ashore

http://forum.stopthespray.org/viewtopic.php?f=7&t=83

 

CDFA letter to property owners of areas sprayed accidentally http://www.ksbw.com/download/2007/1103/14501006.pdfÝ

 

Nuremberg Code ñ Directives for Human Experimentation - relevant to CheckMate, the synthetic ìpheromoneî containing pesticide, which has been untested on humans, and therefore its use over human population constitutes experimentation without consent. http://ohsr.od.nih.gov/guidelines/nuremberg.html

 

Declaration of Richard Philp, toxicology professor, for county of Santa Cruz suit http://eastbaypesticidealert.org/philp.html