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.