Rare emergency order issued to stop use of weed killer that poses significant risk to fetuses
Federal regulators issued a rare emergency order Tuesday to immediately stop the use of a popular weed killer they say causes significant risk to farmworkers and fetuses.
The product, dimethyl tetrachloroterephthalate, better known as DCPA or Dacthal, “is so dangerous that it needs to be removed from the market immediately,†said Michal Freedhoff, assistant administrator for the Environmental Protection Agency’s Office of Chemical Safety and Pollution Prevention.
For the record:
11:14 a.m. Aug. 9, 2024A previous version of this story incorrectly stated it could take months before Dacthal products could be pulled. While cancellation proceedings can take months, the Environmental Protection Agency’s emergency order to suspend the sale and use of Dacthal products is effective immediately.
The chemical is commonly used for weed control with crops such as broccoli, Brussels sprouts, cabbage and onions. The EPA has warned of the chemical’s health risks in the past, but this is the first time in nearly 40 years the agency has issued an emergency order to suspend its use and comes after more than a decade of studying its risks and effects.
“It’s EPA’s job to protect people from exposure to dangerous chemicals,†Freedhoff said in the statement. “In this case, pregnant women who may never even know they were exposed could give birth to babies that experience irreversible lifelong health problems.â€
The Times teamed up with WeedWeek to test dozens of over-the-counter cannabis products. More than half had unsafe levels of pesticides.
Pregnant women exposed to Dacthal, often unknowingly, could experience changes in fetal thyroid hormone levels, which could result in low birth weight, impaired brain development, lower IQ and impaired motor skills later in life, the EPA warned.
Pregnant women handling Dacthal could be exposing their unborn children to dangerous chemicals at levels four to 20 times greater than is deemed safe, according to agency estimates. Health risks persisted even when personal protective equipment was being used, the agency found.
For example, package labels recommend restricting access to herbicide-treated fields for only 12 hours after use, but the EPA alleges levels of Dacthal in treated fields were still unsafe 25 days after it was applied. The movement of the weed killer through the air to areas near treated fields could also put fetuses and pregnant women at risk, the EPA said.
The EPA’s decision was applauded by groups advocating for farmworker safety.
“This emergency decision is a great first step that we hope will be in a series of others that are based on listening to farmworkers, protecting our reproductive health, and safeguarding our families,†said Mily Treviño Sauceda, executive director of Alianza Nacional de Campesinas. “Alianza is pleased to see the EPA make this historic decision.â€
A teachers’ union and community groups in Monterey County have sued agriculture officials and state regulators over the use of pesticides near schools.
According to data from the California Department of Pesticide Regulation, Dacthal is used in California.
In a statement, the department said it would be reaching out to county agricultural commissioners to “immediately enforce U.S. EPA’s order to suspend use and sales of DCPA in California.â€
The Department of Pesticide Regulation has been working with the EPA on its evaluation of Dacthal, as well as with growers about possible alternatives in anticipation of the EPA’s decision.
According to the state department, more than half of the use of Dacthal in California is for broccoli and onion crops, according to its 2022 records.
That year, growers used more than 188,000 pounds of Dacthal.
The pesticide is also used for other crops, such as cabbage in Fresno County, bok choy in Kern County and radish in Imperial County.
“Farmworkers should not have to put their children at risk by doing the work needed to grow our food,†Teresa Romero, president of United Farm Workers, said in a statement. “EPA is taking the right step.â€
According to the EPA, in 2013 the agency asked AMVAC Chemical Corp., the manufacturer of Dacthal, to submit paperwork, including more than 20 studies on the chemical, to the agency to review the herbicide’s registration.
The EPA considered much of the data submitted by the company from 2013 to 2021 to be insufficient, and found that a required study looking into the weed killer’s effects on thyroid development, due in 2016, was never submitted.
The thyroid study was ultimately submitted in August 2022, but the EPA had already issued a notice of intent to suspend the technical-grade production of Dacthal.
Assembly Bill 1963 would sundown the use of the herbicide paraquat, which has been linked to Parkinson’s disease and other health issues, beginning in January 2026.
Since then, AMVAC has voluntarily suspended the use of the weed killer on turf, but the EPA alleges that any continued use of the herbicide presents unacceptable risks.
In a brief email, AMVAC did not address the EPA’s concerns or whether it would challenge the order.
“AMVAC is working in good faith with both the EPA and our customers to ensure full compliance,†said Anthony Young, director of investor relations at the company.
Some advocacy groups said the EPA’s decision was a long time coming.
“The EPA’s decision to finally suspend DCPA is welcome news, but it’s long overdue,†Alexis Temkin, senior toxicologist for the Environmental Working Group, said in a statement. “For years, EWG and other public health advocates have warned about the serious risks the weedkiller poses to farmworkers, pregnant people and other vulnerable populations.â€
The emergency order is effective immediately, after the EPA determined, “there is no combination of practicable mitigations under which DCPA use can continue without presenting an imminent hazard.â€
The EPA said it could still take months before the product is permanently canceled because of procedural requirements. If the order is contested, it could take several years.
But according to the EPA, the Federal Insecticide, Fungicide, and Rodenticide Act also allows the regulatory agency in some cases to seek a suspension of a pesticide while the cancellation proceedings are ongoing. According to the EPA, it will seek an immediate cancellation of Dacthal in the next 90 days.
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