“Cosmetic” pesticide ban

Should Georgians be worried?

by Mary Kay Woodworth

What’ is the “cosmetic” sale of pesticides and should we be concerned?

In 2005, a province-wide ban on the “cosmetic” sale and use of pesticides went into effect in Ontario, Canada. More than 250 products were outlawed, leaving most Canadian lawn care operators with little in their toolboxes to fight weeds and other pests. Recently, Florida and Maryland have shown interest in banning pesticide use on either or both commercial and private property during summer months. Is this on the horizon for Georgia and other states?

Fortunately for Georgia lawn maintenance companies, the answer is no.

First, pre-emption laws with respect to pesticide regulation exist in 41 states (including Georgia), making it difficult for states and localities to enact pesticide bans like the one in Canada.

Secondly, Americans generally have a stronger sense of their personal property rights, and do not want the government telling them what they can and cannot use to maintain their private lawns.

That doesn’t mean the lawn care industry should let its guard down. “We know there is activity all the time to get a state to contemplate some kind of restriction or ban on pesticides,” says Karen Reardon, director of communications for the Responsible Industry for a Sound Environment (RISE). According to Reardon, one critical factor in Canada was that activist groups coined the term “cosmetic use.”  “This gave the activists a rallying cry,” Reardon says. “The public was convinced over time that products deemed ‘cosmetic’ were unnecessary and had no value.”

In 2005, Senate Bill 88 was passed (Georgia Seed Law; preempt certain local ordinances; exemptions; and SB 88 - Georgia Fertilizer Act; preempt certain local ordinances; exemptions), which amended the Article 1 of Chapter 12 of Title 2 of the Official Code of Georgia Annotated, the “Georgia Fertilizer Act of 1997,” is amended by adding a new Code section to read as follows:

“No county, municipal corporation, consolidated government, or other political subdivision of this state shall adopt or continue in effect any ordinance, rule, regulation, or resolution regulating the registration, labeling, packaging, sale, storage, transportation, distribution, use, or application of fertilizer.

This Code section shall in no way prohibit or impair the legal right of any county, municipal corporation, consolidated government, or other political subdivision of this state to issue business licenses or to make zoning decisions.”

Championed by former Senator and Ag Chairman John Bulloch and House Ag Chairman Tom McCall, this legislation ensures local issues on seed and fertilizer use get the benefit of leadership from the Georgia Dept. of Agriculture before they can be enacted.

However, expect to see more local governments propose ordinances to control “cosmetic” pesticide use on turf and to control the amount of stormwater runoff from impervious areas. States without clear state pre-emption of local government ordinances will be targeted. U.S. lawn and landscape maintenance could become seriously handicapped if, as in Canada, opponents of pesticide and fertilizer play on emotion, rather than science and research, to enact these limits on property owners.

Whether it’s a phosphorus ordinance or pesticide ban, or simply a heightened curiosity over organic-based lawn care practices within your market area, today’s lawn care operators must educate themselves—and share that knowledge with their customers.

“When the industry talks about ‘grassroots,’ the focus is typically on contractors,” says PLANET’s Tom Delaney. “It must go beyond that. Contractors must educate their customers and encourage them to also get involved. If the customer isn’t watering and mowing properly, the landscape maintenance contractor may have to put down even more chemicals. Both the contractor and his customer have a responsibility, and it’s really a partnership.

“When a local government is trying to affect our ability to care for a property, which could ultimately result in a property losing value or a customer having to spend more money in the long-run, we have to help consumers come to understand whether it’s a truly environmental piece of legislation or just a political, feel-good thing. There is a big difference between good science and pure politics.

“We need a good network of green industry professionals at the local level that’s reading the newspapers and Internet, and attending city council meetings. And when the local government isn’t listening, it’s time to mobilize that customer base.”

“Get with your local- and state-elected officials. If every green industry business owner can forge relationships like this, positioning themselves as a good source of information and a valued employer in the community, it could really help close the gap and prevent these types of policies from even being introduced.”

~ Karen Reardon, RISE