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Prop. 65 pesticide lawsuit

 

Not For For Release Until: Wednesday March 26, 1997

NEWS MEDIA ADVISORY FOR WEDNESDAY, MARCH 26

BIG ENVIRONMENTAL COALITION,
STRAWBERRY WORKERS CAMPAIGN
TAKE LEGAL ACTION ON TWO COASTS
TO PROTECT WORKERS FROM PESTICIDE

The Strawberry Workers Campaign and a coalition of environmental groups will take legal actions on two coasts Wednesday, March 26 to protect thousands of farm workers from a widely used pesticide suspected of causing cancer.

They will file notices under California’s Proposition 65, charging that strawberry growers have failed to warn workers about the hazards of laboring in fields treated with the widely-used fungicide captan. Strawberry workers have signed sworn affidavits saying they were not warned about captan, as required under the voter-approved Proposition 65. In addition, they will petition the U.S. Environmental Protection Agency in Washington to reconsider what is a safe time period for workers to re-enter fields where captan has been applied.

The actions will be announced at two news conferences:

San Francisco, 11:00 a.m. (PST) Wednesday March 26 with United Farm Workers co-founder and Secretary-Treasurer Dolores Huerta, Natural Resource Defense Council Senior Attorney Al Meyerhoff and Senior Scientist Dr. Gina Solomon, Environmental Defence Fund Attorney David Roe, Earth Island Institute Executive Director Carl Anthony, and officials from Sierra Club, Greenpeace and Cal-Pirg, Pesticide Action Network, Environmental Working Group and Communities for a Better Environment at the Law Office of Altshuler, Berzon, Nussbaum, Berzon and Rubin, 177 Post St. (Between Grant St. and Kearny).

11:00 a.m. (PST) Wednesday March 26 with United Farm Workers co-founder and Secretary-Treasurer Dolores Huerta, Natural Resource Defense Council Senior Attorney Al Meyerhoff and Senior Scientist Dr. Gina Solomon, Environmental Defence Fund Attorney David Roe, Earth Island Institute Executive Director Carl Anthony, and officials from Sierra Club, Greenpeace and Cal-Pirg, Pesticide Action Network, Environmental Working Group and Communities for a Better Environment at the Law Office of Altshuler, Berzon, Nussbaum, Berzon and Rubin, 177 Post St. (Between Grant St. and Kearny).

Washington D.C., 12:15 p.m. (EST) Wednesday, March 26 with AFL-CIO Secretary-Treasurer Richard L. Trumka, Friends of the Earth President Brent Blackwelder, officials of Environmental Working Group, U.S. PIRG at Murrow Room, National Press Club.

12:15 p.m. (EST) Wednesday, March 26 with AFL-CIO Secretary-Treasurer Richard L. Trumka, Friends of the Earth President Brent Blackwelder, officials of Environmental Working Group, U.S. PIRG at Murrow Room, National Press Club.

Under Proposition 65, a judge can order penalties of as much as $2,500 per violation per worker. There are about 20,000 California strawberry workers. The complaint documents violations in fields controlled by several of the industry’s largest players, including fields controlled by Driscoll and Gargiulo. The campaign will ask that penalties in the case be used to establish a fund to provide medical care for farm workers and their children. Each year about 10 million pounds of captan are used nationally by agribusiness, according to the EPA. In addition to strawberries, workers in apples, grapes, lettuce, peaches and tomatoes face the pesticide.

The Strawberry Workers Campaign is a union organizing project of the United Farm Workers and the AFL-CIO.


The Strawberry Workers Campaign:

Pesticides Questions and Answers

What is captan?
Captan is a cancer-causing fungicide. It is officially identified as cancer-causing by the U.S. government and the state of California, where it is widely used in strawberry fields. The U.S. Environmental Protection Agency recently banned captan from use on 42 crops. It is still used on strawberries, as well as 23 other crops. Workers absorb captan through their skin into their bloodstream.


Captan is a cancer-causing fungicide. It is officially identified as cancer-causing by the U.S. government and the state of California, where it is widely used in strawberry fields. The U.S. Environmental Protection Agency recently banned captan from use on 42 crops. It is still used on strawberries, as well as 23 other crops. Workers absorb captan through their skin into their bloodstream.

Is the danger of captan a new issue?
Captan use is increasing, even though its used has been prohibited on many crops. According to the state of California, where most strawberries for fresh use are grown, captan use on strawberries has increased more than seven-fold in the past six years. All reported use of captan in the state has nearly doubled during the same period. And, in 1995 the EPA weakened restrictions on captan for strawberry workers. They shortened the period for entering captan treated fields from four days to one day.


Captan use is increasing, even though its used has been prohibited on many crops. According to the state of California, where most strawberries for fresh use are grown, captan use on strawberries has increased more than seven-fold in the past six years. All reported use of captan in the state has nearly doubled during the same period. And, in 1995 the EPA weakened restrictions on captan for strawberry workers. They shortened the period for entering captan treated fields from four days to one day.

How will the move before the EPA have nationwide impact?
The labor movement and environmental groups are petitioning the EPA to examine re-entry periods for all captan use, as well as its process for establishing re-entry periods for all pesticides. The petition charges that the EPA made mathematical errors in establishing re-entry periods.


The labor movement and environmental groups are petitioning the EPA to examine re-entry periods for all captan use, as well as its process for establishing re-entry periods for all pesticides. The petition charges that the EPA made mathematical errors in establishing re-entry periods.

What is the Proposition 65 action?
California’s Proposition 65 requires that the public and workers be warned if they are exposed to significant levels of pesticides. Data from strawberry growers show that workers are exposed to significant levels of captan. Workers organizing with The Strawberry Workers Campaign say in sworn affidavits they have not been warned. Violations appear to occur throughout the strawberry industry.


California’s Proposition 65 requires that the public and workers be warned if they are exposed to significant levels of pesticides. Data from strawberry growers show that workers are exposed to significant levels of captan. Workers organizing with The Strawberry Workers Campaign say in sworn affidavits they have not been warned. Violations appear to occur throughout the strawberry industry.

Workers who filed affidavits work for several corporations, including two that claim to be industry leaders. The law provides for a $2,500 per worker per violation fine, which could amount to millions of dollars. The campaign will ask that fines and penalties be used for a fund to provide medical care for farm workers and their children.

What is the Proposition 65 process?
An allegation, called a 60-day letter, is first filed with the party accused of violating the law — in this case, strawberry growers. The allegations can be investigated by the state attorney general and local district attorneys. If the attorney general or district attorneys do not prosecute or settle the case, The Strawberry Workers Campaign can move it into the courts as a civil lawsuit.


An allegation, called a 60-day letter, is first filed with the party accused of violating the law — in this case, strawberry growers. The allegations can be investigated by the state attorney general and local district attorneys. If the attorney general or district attorneys do not prosecute or settle the case, The Strawberry Workers Campaign can move it into the courts as a civil lawsuit.

How is this related to the workers’ union organizing campaign?
It is part of their campaign to improve their lives. It is also the goal of a broad coalition backing the workers, which includes environmental groups. Workers and environmental groups believe one of the best ways to control pesticide abuse is through a strong union. When workers have the power to speak out against pesticide abuse, they help keep the industry and its products safe and fill the void left by a chronic shortage of field inspectors.


It is part of their campaign to improve their lives. It is also the goal of a broad coalition backing the workers, which includes environmental groups. Workers and environmental groups believe one of the best ways to control pesticide abuse is through a strong union. When workers have the power to speak out against pesticide abuse, they help keep the industry and its products safe and fill the void left by a chronic shortage of field inspectors.