Transcript Environmental Regulations - Michigan State University College of Law

The Implications of
Environmental Regulation on
Urban Agriculture
Or, What To Do With All That Waste
Devin Kenney
• I will address:
• Environmental Law and Agriculture Generally
• Food Labeling: What it Means and Does Not Mean to Grow
Organic
• Food Labeling and Standards
• Waste Disposal & Management
• Pesticide Use and the Urban Farmer
• Alternatives to Pesticides
So, What Does ‘Organic’ Mean,
Exactly?
- An “Organic” Product is an agricultural product produced in
accordance with the Organic Foods Production Act of 1990
(7 U.S.C. § 6501) and relevant regulations (7 C.F.R. § 205)
- These regulations relate, among other things, to soil quality,
animal raising practices, pest and weed control, and use of
additives
So, Wait . . . Organic Farms Use
Pesticide?
Rotentone
• Organic: an ‘organic
pesticide’ is one that is
non-synthetic; that is,
made from natural
material. However, this
does not mean that these
pesticides are any less toxic
or dangerous
• Inorganic: an ‘inorganic
pesticide’ is anything else
• For particulars, see
National List of Allowed
and Prohibited Substances
(7 C.F.R. §§ 205.602-606)
Organic Practices
- In order to be labeled “USDA Organic,” a product must be in
compliance with the Organic Foods Production Act
- Growers: DON’T use prohibited substances OR GMO’S
- Livestock: DO raise animals in living conditions accommodating
natural behaviors. DO feed animals 100% organic grain and forage.
DON’T administer antibiotics or hormones
- Packaged products: DON’T use artificial preservatives, colors or
flavors and DO use only organic ingredients, with a few minor
exceptions
- No organic foods may be grown or handled with genetically
modified organisms (GMOs)
Benefits of Organic Farming
(or, Why Should I Care?)
• $20 billion in sales in 2007;
$28 billion in 2012 (over 4% of
total at-home food sales)
(Courtesy USDA)
• Organic Pesticides are natural
and break down faster
• Organic produce may contain
larger amounts of certain
vitamins
• Theoretically, Organic farming
is more sustainable and ecofriendly
• For example, produce can be
called Organic if it’s certified to
have grown on soil that had no
prohibited substances applied
for three years prior to harvest.
• Use of Organic Labels
Why Does Waste Matter?
• Agricultural Waste
• In 2000, agricultural activity
was identified as a source of
pollution for 48% of stream
and river water, and for 41%
of lake water. (Courtesy
http://www.sustainabletable
.org/267/water-quality)
• Food Waste
• Roughly one-third of the
food produced for human
consumption gets lost or
wasted globally each year
(Courtesy
http://ccafs.cgiar.org/bigfact
s/food-waste/)
Courtesy:
http://www.enviroinfo.com.au/makingbetter-use-of-food-and-greenwaste/#.UuKfyhAo61s
Agricultural Waste:
Management & Disposal
• Legal Background
• Agricultural Waste is
regulated by US EPA
(United States
Environmental Protection
Agency) and MI DEQ (Dep’t
of Environmental Quality)
• The Waste Generator (that
is the farmer) is
responsible for all wastes
generated, including both
hazardous and
nonhazardous wastes
• For specific guidelines, see
http://www.epa.gov/oecaa
gct/twas.html
• Wastes include:
•
•
•
•
Solid Nonhazardous Waste
Hazardous Waste
Used Oil
Biological Waste
What is Right to Right-to-Farm
(“RTF”)?
• Enacted to provide
farmers with nuisance
protection.
• Authorizes the Michigan
Commission of
Agriculture and Rural
Development to develop
and adopt Generally
Accepted Agricultural
and Management
Practices (“GAAMPs”)
for farms and farm
operations in Michigan
OK then, What Are GAAMPs?
• GAAMPS are farm management
practices scientifically based and
updated annually to utilize
current technology to promote
sound environmental
stewardship
Example: Nutrient management practices include
regular soil testing, manure nutrient analysis, and
realistic crop yield goals and Pesticide/Pest Control
management practices address worker safety,
application procedures, transportation, storage,
disposal of unused pesticides and containers, and
record keeping.
• Although GAAMPS are voluntary
and adherence to the GAAMPs does
not act as a complete barrier to
complaints or lawsuits, it provides
an umbrella of protection from
nuisance litigation. In addition to
conformance to the GAAMPs,
farmers also need to comply with all
state and federal environmental and
agricultural laws
• Nuisance: A condition, activity, or
situation (such as a loud noise or
foul odor) that interferes with the
use or enjoyment of property
Disposal of Nonhazardous
Wastes
• Composting (Mich. Comp. Laws 324.11521(3))
• Must be done in accordance with generally accepted
agricultural and management practices under Right to
Farm Act (“GAAMPS”); and
• Only “clippings” from the farm are composted
• Basically anything left over after harvest or cut off of
plants while growing
• Special Rules apply if there are more than 5,000 cubic
yards of yard clippings on the farm
Composting Resources
• Local Businesses Offering
Composting Services:
• Detroit Dirt
(http://detroitdirt.org/)
• The Heiress Compost
(http://www.heiresscompost.us
/)
• Detroit Greencycle
(http://www.detroitgreencycle.
com/Services.html)
• Detroit Nutrient Company
(http://detroitnutrientcompany.
com/compost_tea_workshop)
• Also offers workshops and
compost information sessions to
produce your own
Courtesy The Ann Arbor News
Other Alternatives
• Aquaponics
• Fish fertilize
water, which is
filtered by plants
and returns to
fish
Courtesy The Aquaponics Source
Pesticides
- OBEY THAT DARN LABEL!
- Store (and use) all pesticides in accordance with the label or face
potential criminal and/or civil liability
• The longer you store a pesticide that you no longer use the more
likely . . .
• the container will deteriorate and release the contents.
• the product label will become detached, lost or unreadable. The
result is the container contents can no longer be identified.
• someone unaware of the dangers may accidentally knock over,
handle or open a pesticide container and become exposed to
harmful chemicals.
• the location and contents of the stored pesticides may be forgotten.
Pesticide Disposal
• Never Dump Pesticides into Storm
Drains
• Never throw away pesticide containers
unless completely empty
• Always obey the label; the label is the
law
Courtesy UC Davis
- Clean Sweep Program: listed
sites accept pesticide products
and mercury free of charge
from any resident; however,
they are not required to handle
other types of hazardous waste
from residents outside their
respective counties
• Ingham County
• Ingham County Health
Department
• 5303 South Cedar
• Lansing, MI 48909
• At this time, there is no
comparable site in Wayne
County; contact the site
nearest you for disposal
Integrated Pest Management
- Set Action Thresholds
- Monitor and Identify
Pests
- Prevention
- Control
Courtesy Wikispaces.com
Natural Pest Control
• Bluebirds and other songbirds eat millions of insect pests per
year; lacewing larvae may consume up to 100 insect pests per
day.
• For example, in Costa Rica, the Yellow Warbler eats enough
insects to save the average coffee plantation owner $9,400 per
year (Courtesy Environmental News Network)
• For information on attracting bluebirds and other songbirds to
your area, see
http://www.nabluebirdsociety.org/
Fact/bluebirdfacts.htm
Solid Waste
• Solid Waste
• Solid waste means any
garbage or refuse; sludge
from a wastewater
treatment plant, water
supply treatment plant, or
air pollution control
facility; and other
discarded material,
including solid, liquid,
semi-solid, or contained
gaseous material resulting
from industrial,
commercial, mining, and
agricultural operations,
and from community
activities.
Courtesy West Michigan
Environmental Council
Used Oil
• Used Oil is:
• Oil from fossil fuels or derived
from synthetic materials, not
Animal or Vegetable Oil
• Used (as a lubricant, hydraulic
fluid, etc.)
• Contaminated through use
• If your farming operation
produces less than 25 gallons
per month you are exempt
from regulations. Those
producing more are required
to store it in tanks and used
authorized transporters for
disposal
• Even if exempt you should
engage in best practices, such
as:
• Labeling tanks and containers
• Keeping tanks and containers in
good condition
• Storing in proper containers
• Not mixing used oil with
hazardous waste
Courtesy flckr.com
So, what do I take home from
this?
- Organic Farming can be very beneficial and represents a
very lucrative market
- No registration is required to compost any waste that is
generated on a farm operation, unless you are bringing
large quantities of waste from somewhere else onto your
land
-OBEY the Label. The Label is
the law.