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Voice of the Aerial Application Industry
April 30, 2020
Local Glyphosate Ban Struck Down Strengthening Preemption Claims

The ruling offers a clear legal precedent for establishing pesticide preemption in Puerto Rico.

Ordinances have arisen over the past few years from local governments taking it upon themselves to regulate a pesticide even when it is outside of their jurisdictional authority.  Pesticide restrictions have taken place in Montgomery County, Maryland, and Lincoln County, Oregon just to name a few jurisdictions that have either banned pesticides outright or banned an application type.  Last year, the municipality of San Juan, Puerto Rico prohibited the use, sale, purchase, distribution and possession of products that contain glyphosate.

 

Representatives of the local pesticide industry challenged this action. In a recent ruling the judge determined that the ordinance was invalid and the authority to regulate pesticides resides with the Puerto Rico Department of Agriculture and was preempted by the Commonwealth’s pesticide law. The plaintiffs successfully argued that this ban violated interstate commerce, due process, and equal protection. This challenge was watched very closely by other municipalities that have sought to limit the use of pesticides within their jurisdiction. The ruling offers a clear legal precedent for establishing pesticide preemption in Puerto Rico.

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