Monthly Archives: September 2019

EPA Announces Receipt of Pesticide Applications for Hemp

On August 23, 2019, EPA announced that it had received 10 applications to add hemp to the labeling of certain products regulated under the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA). As EPA explains, FIFRA would not require public notice and comment on these applications; however, due to the broad interest in hemp production, EPA has opened a public comment period with a deadline of September 23, 2019. Two comments already have been received, each supporting the applications. This follows the passage of the Agriculture Improvement Act of 2018 (2018 Farm Bill) which removed hemp from the Controlled Substances Act,…

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State of California Law Building

Governor Approves Proposition 65 Amendment

On August 30, 2019, California Governor approved AB 1123, which amends Proposition 65 to require briefs in Proposition 65-related appeals to be served on the Attorney General. The bill amends Proposition 65 to add subsection (o) to Section 25249.7 and provides: If a violation of this chapter is alleged or the application or construction of provisions of this chapter is at issue in a proceeding in the Supreme Court, court of appeal, or the appellate division of the superior court, each party shall serve a copy of the party’s brief or petition and brief, on the Attorney General. Service on…

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Are We Seeing The Beginning of Proposition 65 “Bad Warning” Claims?

When the California Office of Environmental Health Hazard Assessment (OEHHA) entirely revamped the Proposition 65 safe harbor warning regulations in August 2018, legal practitioners warned that those changes could trigger a wave of “bad warning” enforcement actions. That prediction appears to be coming true. OEHHA’s new safe harbor warning regulations impose a number of new requirements, including the requirement that online warnings be provided for those products that bear warnings and are sold online. This requirement seems to be becoming an attractive target for private enforcers: in recent Proposition 65 Notices of Violation (NOVs), the alleged failure to provide online…

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The Glyphosate Debate: EPA Takes Aim At Proposition 65

By Grimaldi Law Associate Jennifer Singh On August 8, 2019, the U.S. Environmental Protection Agency (EPA) published guidance stating that, under the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), it refuses to approve “false and misleading” warning labels on pesticide products that say the chemical glyphosate causes cancer. Glyphosate, the active ingredient in the weed killer, Roundup, is the most widely used herbicide in the United States and is used on more than 100 food crops as well as for various non-agricultural needs. As part of its statement, EPA criticized the International Agency for Research on Cancer’s determination that glyphosate…

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