State Ordered to Regulate Toxic Household Chemicals

A Superior Court judge in Sacramento on Friday ordered the state to begin regulating dozens of chemicals widely used in households, backyards and farms that are suspected of causing birth defects.

The chemicals at issue, used on carrots, potatoes, rice and tomatoes, are found in one of every 8 pounds of pesticides used in the state, according to lawyers for environmental groups that sued the state to compel regulation.

The Natural Resources Defense Council and the Environmental Defense Fund argued that the state was dragging its feet despite findings three years ago by the U.S. Environmental Protection Agency that the 50 chemicals in question could cause harm to human reproductive systems.

Friday’s ruling by Judge James T. Ford requires the state to begin a process of analysis that is expected to lead to consumer warnings about the hazards of many products that contain the chemicals.

Such warnings are mandated by Proposition 65, the state’s anti-toxics initiative. Although Proposition 65 does not ban the use of toxic chemicals, it has had the same effect in many cases, prompting manufacturers to remove products rather than face negative publicity about health hazards.

“Once chemicals are listed and warnings required, the likelihood is that there will be much less usage,” said David Roe of the Environmental Defense Fund.

Moreover, once any of the chemicals are listed as potential causes of birth defects, their release into drinking water systems is prohibited by Proposition 65.

The judge gave the California Environmental Protection Agency until June 30 to complete its analysis of the chemicals.

One of the pesticides on the list, metham sodium, was responsible for killing a massive number of fish in 1991 when thousands of gallons spilled into the Sacramento River after a train derailment near Dunsmuir.

Another chemical on the list, a popular weedkiller, has contaminated water supplies and led to the closure of about 60 wells in California, according to Gina Solomon, a senior scientist with the National Resources Defense Council.