Telisport W. Putsavage, a Principal in EnviroReg LLCSM and an environmental attorney, has been named to the recently-formed New York State Bar Association Cannabis Law Committee. Mr. Putsavage is a representative of the Environment & Energy Section, where he is on the Executive Committee and Co-Chairs the Pesticide Committee. New York instituted a Medical Marijuana Program in 2016, and as participation has grown, issues have arisen across a wide spectrum of legal matters.
Mr. Putsavage, with the assistance of Ms. Janine Gydus, also a Principal in EnviroReg, is representing one of the Registered Organizations under the New York Medical Marijuana Program with regards to the use of pesticides in the cultivation of cannabis. The cannabis from which the medical products are derived is cultivated in large commercial greenhouses, and growers face pest and disease pressure as would any such operation. Following principles of Integrated Pest Management and practices that would qualify for the National Organic Program, were the crop not cannabis, it is possible to minimize but not eliminate the use of pesticides.
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Telisport Putsavage, firstname.lastname@example.org
The Rohrabacher-Blumenauer Amendment, which forbids the expenditure of Federal funds to take any enforcement action against compliant state medical marijuana programs, has been continued in the Continuing Resolution (CR) passed by Congress and signed on February 9, 2018. The CR expires March 18, 2018, and is intended to provide a window for the drafting of an actual two-year budget.
The Amendment, originally known as Rohrabacher-Farr, has been in effect for several years. It provided the foundation which the Obama then expanded to a hands-off approach to compliant recreational programs as well. There is no guarantee that the Amendment will make it into the two-year budget. The House has been resistant, but recently support has come from Senators Leahy (D-VT) and Gardner (R-CO) to include the Amendment in repeated CRs.
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EPA and manufacturers of dicamba have reached an agreement to further minimize potential spray drift from the use of dicamba formulations that are used to control weeds in genetically modified cotton and soybeans. Manufactures of dicamba have voluntarily agreed to make a number of changes to labels that include increasing requirements for “over the top” use of these products and classify products as “restricted use”. Growers will see changes to labeling in time for 2018 growing season.
For more information see EPA’s Press Release, EPA and States’ Collective Efforts Lead to Regulatory Action on Dicamba
On July 28th 2016, President Obama signed the Safe and Accurate Food Labeling Act of 2015 enacting a national law for the labeling of food products containing genetically-modified organisms. The act was prompted in large part by various state labeling laws which were vehemently opposed by the agriculture industry and many major food producers. Most significantly a Vermont statute took effect July 1, 2016, that was much more comprehensive than the Federal act and was the only state law to actually take effect. In addition, a number of state laws were conditioned on a critical mass of at least four states with a total population of twenty million persons enacting similar laws. New York was actively considering such legislation which if enacted would have triggered the other conditional state laws. Although the Act will not take effect for at least two years while the U.S. Department of Agriculture promulgates regulations, the Vermont law is preempted immediately.
In addition to prohibiting state labeling disclosure laws, the Act also mandates that any GMO disclosure labeling must comply with the Act, which suggests that voluntary disclosures that exceed the requirements of the Act are also prohibited.
The Act defines a limited set of food products and product constituents that would be subject to the labeling requirement. The Act employs the term ‘bioengineered” to delineate the products subject to labeling. As a result, food product or ingredients produced through gene editing will not be subject to labeling.
The Act label statement required by the Act simply states that “more food information” is available without noting that the information relates to the presence of GMOs. The Act provides for communicating the required information through either label text, through a toll-free telephone call or by way a QRC (quick-read code) on the label. Many major producers are expected to utilize the QR code method, which requires a smartphone to read the code and internet access to reach the information. This mode of labeling drew particular opposition from labeling advocates, who contend that this method is not available to many low-income persons.
Despite major industry support for the Act, the legislation prompted schisms within both the major food production industry and the organic food industry. Some major producers continued to oppose any labeling, arguing that ultimately the state laws would not survive judicial review. Disputes among organic interests were prompted by some major players supporting the Act as the best route to nationwide labeling.
The U.S. Department of Agriculture is charged with promulgating implementing regulations, which it is given two years to complete.