NC Pesticide Board Meeting Notes

November 14, 2017

12:30 – 4:30 PM

Governor James Martin Building

NC State Fairgrounds

In attendance: Dr. Allen Scarborough (Vice Chair and presiding); Dr. Colleen Hudak-Wise; Dr. Benson Kirkman; Mr. Shawn Harding; Mr. Don Rodgers; Mr. Jim Burnette (Secretary); Ms. Mary P. Kelley

Not in attendance: Dr. Rick Langley (Chair)

Ethics Reminder

Dr. Scarborough reminded the member to avoid conflicts of interest and/or appearance of conflicts of interest. No members acknowledged conflicts of interest.

Introduction of new Board Member – Mary P. Kelley

Dr. Scarborough introduced Mary P. Kelley who was introduced as the new member of the NC Pesticide Board to represent NC Department of Environmental Quality.

Consider Board minutes from the June 8, 2017 meeting

Mr. Harding moved that the minutes be approved as is and Mr. Rodgers seconded that motion. Unanimously approved.

HB 74, Agency Rules Review Update – Jim Burnette, SPC&PD

HB 74 requires a periodic review of all rules by the enforcement agency. The Department of Agriculture & Consumer Services (DOA&CS) had proposed to the Pesticide Board the staff’s classification of the rules as “necessary with substantive public interest”; “necessary without substantive public interest”; or “unnecessary”, which the Board approved. This approval also allowed for the DOA to published the rules on an agency website for public comment. All comments will then come back to the Board, and then a final decision will be made.

Mr. Rodgers moved that the rules be published for public comment. Dr. Scarborough seconded. Unanimously approved.

Pollinator Outreach Update & PETF Request for DriftWatch and Pollinator Outreach – Patrick Jones, SPC&PD

Mr. Jones gave an update on outreach for the Division’s pollinator protection program that has been going on since June 2014. The goal of this outreach initiative is to increase communication between beekeepers, pesticide applicators, farmers, and landscapers. The Division’s strategy is to get beekeepers to register their hives on BeeCheck, which is a program of DriftWatch, so that applicators can check for hives in the area before they apply pesticides.

Mr. Jones asked the Board for an additional $6,500 for the annual fee to use DriftWatch, $1,500 for publications and “Get to Know Your Beekeeper/Farmer/Applicator/Landscaper” pamphlets, and $2,000 for outreach materials. The total proposal was for $10,000 from the Pesticide Environmental Trust Fund (PETF).

Dr. Kirkman made a motion to approve the proposal for $10,000 from the PETF. Dr. Hudak-Wise seconded the motion. Unanimously approved.

Auxin Technologies Update – Dr. Alan York, NCSU

Dr. Alan York of the Weed Science Department at NC State University gave a summary about the training that they offered this year on auxin technologies, lessons learned, and next steps. Auxin technologies allow use of dicamba and 2,4 D on cotton and soybeans, which are not new products. Auxin technologies (Xtend – dicamba resistant and Enlist – 2,4D resistant) allow the use for longer period of times and on more land.

Dr. York expressed that many broadleaf crops are extremely sensitive to some of these products, and that many growers did not know this, or didn’t respect it. Last summer, Dr. York felt like it was time to do some outreach and education as to not make the same mistakes as some growers did in the mid-South.

Overall, in the 2017 growing season, there were few complaints from drift of dicamba (15 complaints) that were reported to the DOA&CS. Eight incidents were involving drift onto tobacco, and no official complaints of vegetables or homeowners. Dr. York felt these could be explained by spray drift by growers that were not paying attention to wind speed, direction, etc.

Dr. York discussed how the EPA is examining the label for dicamba and are expected to reduce the maximum wind speed when the chemical can be applied, time of day that the chemical can be applied, and a few other things. Dr. York and DOA&CS will monitor the exact language and develop outreach as they understand the breadth of the proposed changes.

Monitoring Surface Water for Pesticides – John Allran, SPC&PD

Mr. Allran explained the potential changes that made be made through a collaboration with NC DOA&CS, DHHS, and DEQ. This new system would use the current Random Ambient Monitoring System (RAMS) Program to sample and evaluate newer pesticides through randomly sampling 30 streams across the state twice a year. Currently, RAMS evaluates 88 pesticides, but fewer than half of the pesticides are currently registered for use in NC. The Quality Assurance manager with NCDEQ, Nick Jones, wants to streamline this current list and make sure that it is testing for relevant pesticides.

To help to classify the ~900 active ingredients that are registered for use in NC, the DOA&CS developed a methodology that will break down these chemicals into low, moderate, and high risk to aquatic species. This was done through a formulation examining run-off potential through soil adsorption (mobility) and soil metabolism half-life (persistence). The DOA&CS also examined EPA toxicity data on various species of fish and aquatic invertebrates to rank the mortality from exposure as a measure of acute toxicity. Through this system, out of 373 pesticide active ingredients registered for use in NC, 88% rank as moderate or high risk to aquatic species.

Mr. Allran suggested that DEP will use the RAMS Program to collect samples, the DHHS will analyze the samples for 148 pesticides, and potentially more, and the results will be used to compare to EPA Aquatic Life Benchmarks, make management decisions, focus on outreach and education, support enforcement, and report to EPA for use in risk assessment, registration, and label amendments process.

The Pesticide Board members were supportive of the initiative, but no formal action was required. 

Settlement Agreements

N.C. Department of Agriculture and Consumer Services, Structural Pest Control and Pesticide Division, v.

Public Comment – Bev and Scott Veals 

Bev and Scott Veals of Carolina Beach spoke to the Board about a current situation with a neighbor that uses pesticides to chemically mow his yard. They have had ongoing problems with this neighbor for years and have complained on numerous occasions to the DOA&CS about potential violations.

Mrs. Veals is a three-time cancer survivor who has chemical sensitivity due to her radiation therapy. Mr. Veals has spoken with the neighbor on numerous occasions to try to find a compromise on when he can spray chemicals and Mrs. Veals wouldn’t be exposed; however, the neighbor is insistent that he will continue to spray even if that means that Mrs. Veals will be exposed.

Mrs. Veals feels that this is not a unique problem in neighborhoods across the state and wanted to reach out to the Board about potential for collaboration on education and outreach. The Board was receptive to this and felt it appropriate to continue the conversation.

By Patricia Patterson, Toxic Free NC Policy Advocacy Intern

In July of 2015, among growing concern for pollinator populations and the need for growers and beekeepers to communicate more effectively about pesticide application, the North Carolina Department of Agriculture requested $27,750 from the Pesticide Environmental Trust Fund to register the state for online mapping programs through FieldWatch. FieldWatch, Inc., formerly known as DriftWatch, is a non-profit organization dedicated to supporting pollinator protection and human health and safety through the implementation of mapping registry programs. DriftWatch and BeeCheck are programs under FieldWatch, Inc. that map and track specialty crops and beehives. These online programs allow both organic and conventional farmers to register the location of their fields and/or beehives as well as access locations of surrounding fields and apiaries.

The FieldWatch map mimics Google Earth with registered locations displayed as color-coded pins. While it may be simple to filter between conventional and organic growing conditions and crop types on the map, users are deprived of distance accuracy in heavy-registered areas. Pesticide applicators may not access all surrounding apiary/field locations on FieldWatch due to the voluntary registration policy and location overload. Aside from the location pins on the map, FieldWatch does not provide a method for gauging the relative distance from an apiary or field to a user’s location, and it does not provide the exact location of a beehive (see Figure 1). Beekeepers may register several hives under one address, but FieldWatch does not monitor the exact location of each hive. Oversights such as these can lead to misinformation, pesticide drift, and can cause harmful pollinator and crop damage.

Figure 1. Registered Beehives in North Carolina (June 2017, retrieved from https://nc.driftwatch.org/map)

In North Carolina, approximately 34 fields are registered in FieldWatch as “organically grown” or certified organic; 16 of those are certified organic, and 18 are “organically grown.” About 250 fields are registered as “conventionally grown” (see Figure 2). Unlike organic farmers, conventional farmers apply synthetic chemicals such as fertilizers and pesticides to their crops. The mishandling of pesticides by conventional farmers, including unregistered conventional farmers, can impact the health of pollinators in North Carolina and damage surrounding crops. The prevalence of conventional farming indicates a need for greater communication between beekeepers and farmers that choose to use pesticides, a need that may not be met due to the lack of total participation by all farmers and beekeepers in North Carolina.

 Figure 2. Registered “Conventionally Grown” Crops in North Carolina (June 2017, retrieved from https://nc.driftwatch.org/map)

Thousands of North Carolinian farmers and beekeepers may not be registered in FieldWatch because of technological and educational barriers. FieldWatch states that those who do not own a computer should contact their state’s data steward to create an account. For non-computer users, this contact information, provided online under FieldWatch’s “Contact Us” page, may not be accessible. Potential users may also be unaware of FieldWatch due to its current voluntary policy for crop site registration and insufficient marketing for farmers without access to a computer. The North Carolina Department of Agriculture promotes the use of FieldWatch when they are doing outreach with beekeepers. This effort has led to the registration of 6,180 beehives, approximately 1,452 apiary locations, on FieldWatch. However, only a few hundred pesticide applicators have registered among over 50,000 farmers across the state. This is a prime example of how beekeepers disproportionately bare the burden of keeping their bees away from pesticides. The state of North Carolina possess the opportunity to reduce local crop damage and promote pollinator protection, but operating under a voluntary crop site registration policy restricts the potential for positive change for our environment and food systems.

In attendance: Dr. Rick Langly (Chair); Dr. Allen Scarborough (Vice Chair); Dr. Colleen Hudak-Wise; Dr. Benson Kirkman; Mr. Shawn Harding; Mr. Jim Burnette (Secretary)

Not in attendance: Mr. Don Rodgers

Ethics Reminder

Dr. Langley read the mandatory ethics statement, requiring any members to disclose conflicts of interests. Dr. Scarborough stated that as a current employee of the agrochemical sector he would participate in the discussion regarding future speakers on the topic of neonicotinoids from industry, but recuse himself from voting.

Consider Board Minutes from July 12, 2016

Mr. Harding moved that the minutes be approved as is, which Dr. Scarborough seconding. Unanimously approved.

Update on NCDA&CS Pollinator Protection Efforts

Pat Jones, Deputy Director of the Pesticide Division within NCDOA&CS, gave an update on outreach and registration for beekeepers to register their hives voluntarily with BeeCheck (a program of DriftWatch), which allows pesticide applicators to see where beehives are across the state so that they can take precautionary steps. Currently, there are 1,056 apiaries registered across the state, making North Carolina the state with the second highest registered apiaries out of 13 U.S. states enrolled in the program and one Canadian province.

NCDOA&CS will continue outreach and education about the registration program into 2017.

Consider recommendations for neonicotinoid presentations

Per the Board’s request at their July 12^th meeting, the Board received 14 nominations for presentations on the effects of neonicotinoid insecticides on pollinators, aquatic invertebrates, and their environmental fate. The Board Chair, Dr. Langley, categorized these nominees into three sectors being, “Academia”, “Industry”, and “Other”. The Chair then suggested to hear from two nominees at each of the next three Board meetings resulting in six total presentations. Dr. Hudak-Wise noted that the door will remain open to the rest of the nominees, but this will be the first batch. Selected individuals to present were:

Academia

Dr. Melissa Perry, Professor and Chair of Department of Environmental and Occupational Health, George Washington University

Dr. Dave Buchwalter, Associate Professor in Toxicology, NC State

Industry

Dr. Jay Overmyer – Technical Team I, Ecotoxicology and Risk Assessment, Syngenta

Dr. David Fischer, Director Pollinator Safety Group, Bayer Crop Science

Other

Dr. Jill Sidebottom, Mountain Conifer IPM Specialist, NC Agricultural Extension

Dave Penrose, MPH, Contract Professor on Aquatic Insect Ecology, NC State

The Chair, Dr. Langley, explicitly prohibited public comments after the selection process.

Settlement Agreements

N.C. Department of Agriculture and Consumer Service, Structural Pest Control and Pesticide Division v.

Settlement Agreements

FOR IMMEDIATE RELEASE

Local contact: Preston Peck, 919-833-1123 (O); 256-483-9503 (C), preston@toxicfreenc.org
National contact: Tiffany Finck-Haynes, (202) 222-0715, tfinckhaynes@foe.org
Communications contact: Kate Colwell, (202) 222-0744, kcolwell@foe.org

Dozens of people and 2.5M dead bees gather at Bayer Crop Science to call on corporate responsibility for global pollinator decline

Research Triangle Park, NC – Dozens of people from across North Carolina and the nation gathered at Bayer Crop Science North American Headquarters in Research Triangle Park on Monday to bring awareness to global pollinator decline. The group gathered around 2.5M dead bees that were trucked across the nation to represent the kills that many beekeepers face due to pesticides every year.

The rally and press conference was part of the national Keep the Hives Alive Tour that stopped in cities in California, South Dakota, Minnesota, Michigan, Pennsylvania and North Carolina during National Pollinator Week, June 13-23. Later this week, beekeepers, farmers, farmworkers, scientists and advocates will bring the truck load dead bees to Washington, D.C. to urge the EPA, the USDA and Congress to take action on toxic pesticides and support sustainable agriculture.

“Personally, I think pesticide loads are something that need to be looked at a lot more. That’s one thing that the (chemical) industry…it’s like a red herring or a giant elephant in the room for them,” said James Cook, a Minnesota-based commercial beekeeper, who drove the dead bees to North Carolina. “They don’t really want to talk about and look at what is actually going on with the relationship between pollinators and pesticides because I think they know what they would find. It would show a lot of issues going on there.”

Raleigh based non-profit, Toxic Free North Carolina, hosted the rally and press conference in front of Bayer Crop Science North American Headquarters in Research Triangle Park. This beekeeper, farmer, and activist led action called on major pesticide-producing companies, such as Bayer Crop Science, to take on more corporate responsibility by phasing out bee-killing pesticides that researchers are finding in our soil, water, and disrupting various ecosystems. Speakers included beekeepers, activists, and farmers like Charles McNair, founder of Freedom Farm in Goldsboro that promotes youth empowerment though agriculture.

“We don’t just grow food, we grow soil.” said McNair. “Everything we need to protect food cultivation can be found in nature.”

Other speakers included, Representative John Ager from Buncombe County, Liz Lindsey, NC Master Beekeeper, Tony Kleese, farmer and owner of Earthwise Organics, and Nick Wood, State Organizer with Appalachian Voices.

Bayer representatives were on site, but declined to come to the event to listen to the stories presented by the speakers despite numerous invitations.

The truck transporting the bees is now on the way to Washington D.C. for a similar event outside of the EPA where farmers, beekeepers, and other supporters will meet with agency officials and have a Congressional Briefing on Thursday.

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Toxic Free NC’s mission is to engage North Carolinians in the transition to a toxic free society through initiatives that promote human and environmental health.

Keep the Hives Alive is supported through Pollinator Stewardship Council, Friends of the Earth, Center for Food Safety, Minnesota-California Honey Company, and Organic Consumers Association

The following is an article written by Toxic Free NC policy intern, Elisa Lazzarino:

Published in The Technician on June 11, 2016.

Elisa Lazzarino, Guest Columnist

Bees and beekeepers across the U.S. and the world are in trouble.  Once again, beekeepers reported an unsustainable colony loss at 44% for 2015-2016.  While there are many contributing factors, one that scientists continue to point out is the extensive use of systemic insecticides, specifically neonicotinoids, in our agricultural production.  The EPA has failed us in regulating these bee-killing pesticides, the USDA continues to suppress science showing their effects, and Congress has not passed a meaningful piece of legislation to adequately protect pollinators and the $24 billion they contribute to our agricultural industry every year. Furthermore, pesticide-producing companies like Bayer Crop Science continue to manufacture these pesticides at alarming rates.  Beekeepers, scientists, farmers, and activists are coming together from across the nation to join together to say enough is enough, and we must Keep the Hives Alive!

That’s why Toxic Free NC is hosting a rally and press conference right here in North Carolina in Research Triangle Park outside of Bayer Crop Science’s North American Headquarters on Monday, June 20th, at 11:00AM.  This will bring attention from across the country to North Carolina and the problems beekeepers, farmers, and others are facing every day here, BUT WE NEED YOUR HELP!  This event will cost Toxic Free NC $2,500 for materials, outreach to partners, and transportations from supporters that have committed to join us from Asheville and Charlotte.

Will you contribute $10, $25, $50, or $100 today to Keep the Hives Alive?  

Toxic Free NC is proud to announce its support for the Keep the Hive Alive Tour, scheduled to start June 2016!  This beekeeper-led tour, spanning six cities across the US (including Raleigh, NC), will expose the issues facing beekeepers in the US today, how regulatory agencies could do more, and how industry has to own up to these bee toxic pesticides.

The Tour will occur right before and during 2016 National Pollinator Week.  We aim to give pesticide companies, the US Environmental Protection Agency (EPA), and the general public an accurate portrayal of the impact bee-toxic chemicals have had on the livelihoods of American beekeepers. The Tour will travel across the United States, holding rallies and events to raise awareness about pollinator decline, and end up at the EPA to rally our supporters, and urge action on bee-toxic pesticides to safe guard our food supply.

Donate today to Keep the Hives Alive!

We want beekeepers, consumers, food advocates, environmental advocates, and anyone who cares about the future of our food supply, and our planet, to attend events and rallies at tour stops across the country (especially in NC!).

As a visual representation of the large number of bees that die every year, we ask that beekeepers bring their preserved dead bees or emptied out bee boxes to the rallies. The bees and representative boxes will then continue the tour, where we will drop them off at the Bayer Bee Care Center here in Raleigh, and host a memorial to all the bees that have died. We will also use them for a similar visual display at EPA’s headquarters a few days later to kick off National Pollinator Week.

Pesticide companies profit in billions of dollars each year manufacturing the most commonly used bee-toxic pesticides. As research linking toxic-pesticides to pollinator decline grows, pesticide manufacturers like Bayer and Syngenta, have launched misinformation campaigns trying to convince people the company’s care about bees.  While many of the large ag-chem companies have poured money into PR campaigns, in attempts to spin the science, Bayer took it a step further, building a “bee-care” facility in North Carolina and conducting a “bee care” tour across the country— to promote itself as a bee-friendly corporation, while doing everything in its power to delay regulatory action on the pesticides it manufactures to protect its profits.

The goal of the tour is to expose the truth about pesticide manufacturers like Bayer; educate the public of the dangers of bee-toxic pesticides; share the stories of beekeepers whose livelihoods have been jeopardized (and some lost) by the continued use of these products;  and urge our EPA to take action to protect the health of pollinators and protect them from bee toxic pesticides.

The tour consists of a collaborative group of beekeepers, consumers, and environmental and food advocacy non-governmental organizations (NGOs), demanding strong action be taken to regulate and restrict the use of bee-toxic pesticides that harm pollinators and the environment. We believe the pesticide manufacturers need to take responsibility for their role in the massive honey bee die-offs.  Let’s work together to Keep the Hives Alive!