You may have heard that the 2018 Farm Bill is being debated in the House and Senate. What you may not know is that the Farm Bureau currently includes an amendment that would preempt cities' rights to regulate pesticides in their communities.
Unless Representative Pelosi and other members of Congress hear from concerned local officials, they are willing to let this amendment pass. If this is an issue important to your city and voters, you can reach out to your representatives in the House and Senate and express the importance of local control.
In addition to your own outreach, the National League of Cities has written a letter to Congress addressing municipal concerns with this Farm Bill. It includes the request that Congress "Adopt clear federal policies and regulations that allow states and local governments the flexibility to implement programs to protect public health and the environment and reject the House provision that would prevent states and local governments from implementing pesticides permit programs."
Reach out to DMO if you would like further information or resources on an issue specific to the Farm Bill, or preemption in general.
Sincerely,
Nils Robbins http://www.nationaldmo.org/
The specific amendment in question is copied below. ----
The preemption amendment is at Sec 9101 Page 556 Line 15 https://agriculture.house.gov/uploadedfiles/agriculture_and_nutrition_act_of_2018.pdf
(3) CONDITION ON MORE RESTRICTIVE REGULATION
.—Section 24(a) of the Federal Insecticide,
Fungicide, and Rodenticide Act (7 U.S.C. 136v(a))
is amended by striking ‘‘A State may’’ and inserting
‘‘A State, but not a political subdivision of a State, may’’.
This is the part of FIFRA it amends: https://www.law.cornell.edu/uscode/text/7/136v
“(a) In general A State may regulate the sale or use of any federally registered pesticide or device in the State, but only if and to the extent the regulation does not permit any sale or use prohibited by this subchapter.”
The issue here is the short clause “but not a political subdivision of a State.” That is the attack on local authority.
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