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Federal Farm Bill Preempts Local Pesticide Regulation

October 26, 2018
Congress is currently debating the 2018 Farm Bill (HR 2), which contains a problematic provision that would preempt local pesticide regulations by preventing local governments from adopting pesticide regulations that are more stringent than federal rules. 
 
The farm bill is a wide-ranging measure to establish federal farm, food and rural policy.
 
Section 9101 of HR 2 would preempt cities, counties and communities from adopting pesticide regulations, including on private property or public places like parks or playgrounds where children might be exposed to pesticides.
 
The federal government has not historically preempted state and local governments from establishing more stringent regulation of pesticides. While the state does preempt local regulation in private spaces, California’s local communities have the authority to regulate use on public lands within their jurisdictions. In fact, many communities throughout the nation and within California have already passed local ordinances restricting pesticide use. Section 9101 would change this and could threaten existing laws and ordinances and preempt local governments from establishing more restrictive regulations than those established by a state or the federal government.
 
Take Action, Oppose HR 2
 
The League opposes the preemptive language in HR 2 and sent a letter asking the House and Senate Agricultural Committees to remove this provision.
 
Cities are urged to weigh in on this problematic provision and communicate your concerns to Congress. The League has prepared a sample letter for cities to use.
 
 


 
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