November 18, 2024 – OAKLAND, CA – A group of environmental organizations informed a California state court last Wednesday that they have reached an agreement with the California Department of Pesticide Regulation to propose regulations addressing pesticide-treated seeds.

The department illegally adopted and maintained a policy that exempted crop seeds coated with pesticides — commonly referred to as “treated seeds” — from pesticide regulations, the groups said in a 2023 lawsuit that was resolved in the agreement.

“California often leads the nation in protecting people and the environment from toxins,” said Dan Raichel, director of the Pollinators & Pesticides Team at NRDC, “so it’s about time that it does the same with pesticide-coated seeds planted across hundreds of thousands of acres statewide. This settlement is a major step in steering the state toward a healthier future, and we look forward to continuing to engage with DPR on this crucial issue.”

The agreement requires the state Department of Pesticide Regulation to propose regulations addressing pesticide-treated seeds by Feb. 2, 2026, and to finalize these regulations within the following year.

The regulations will determine the department’s authority to assess and address the environmental and human health harms caused by pesticide seed treatments; decide whether treated seeds used, delivered or sold in California must be treated only by pesticides registered by the department; and refine the process of reporting the sale and use of pesticide-treated seeds in California, in collaboration with the state’s Department of Food and Agriculture.

“Pesticides don’t just stay on seeds. They end up contaminating soils, waterways and wildlife,” said Jonathan Evans, environmental health legal director at the Center for Biological Diversity. “Treated seeds are one of the biggest sources of pesticides and officials need to step in to better protect California residents, wildlife and the environment.”

Neonicotinoids, or “neonics,” are neurotoxic pesticides and commonly used as seed treatments. As the most widely used class of insecticides, and among the most devastating pesticides since DDT, neonics also threaten human health. They have been detected in the bodies of over 95% of pregnant women in nationwide testing, a particularly concerning statistic as prenatal exposure is linked with developmental and reproductive harms.

“It's about time!” said Margaret Reeves, a senior scientist at Pesticide Action Network North America. “We are pleased that DPR finally made the right decision on this, especially given the fact that internationally many countries already report seed treatment use of pesticides while the U.S. does not. May California once again lead the rest of the country as we catch up with other countries on this important use of pesticides and route of pesticide exposure.”

Neonics are also pervasive and ecologically destructive pollutants. They’re a leading cause of bee and other pollinator population declines and contribute to bird losses. They destabilize aquatic ecosystems, are linked with birth defects in species like white-tailed deer, and decimate soil health.

“With this court victory we are hopeful that California will finally regulate pesticides used as seed treatments just like any other pesticide and will close the loophole that allows unregistered pesticides to be used in our state,” said Angel Garcia, co-director of Californians for Pesticide Reform. “These pesticides have the greatest impact on the people and environment of California's farm working communities, who already suffer the greatest pollution burden.”

Earlier this year California passed a new law (AB 1042) that requires pesticide-treated seeds to be labeled with their chemical ingredients starting in 2027. Dozens of pesticide products not approved for use in California appear on seeds ready to be planted in the state. Research has found that treated seeds may deliver up to half a million pounds of unregulated pesticides annually across 4 million California acres.

“We are beyond pleased to have such a strong settlement with DPR,” said Hallie Templeton, legal director for Friends of the Earth. “Not only does our agreement bind the agency to finally propose regulations on pesticide treated seeds in the state, but it also forces a swift timeline for final action. We remain focused on the fight to properly regulate pesticides in food production and look forward to working with DPR on this shared goal.”

Plaintiff groups include NRDC (Natural Resources Defense Council), Californians for Pesticide Reform, the Center for Biological Diversity, Friends of the Earth and Pesticide Action Network North America.

The Center for Biological Diversity is a national, nonprofit conservation organization with more than 1.7 million members and online activists dedicated to the protection of endangered species and wild places.

Californians for Pesticide Reform is a diverse, statewide coalition of 200+ member groups working to strengthen pesticide policies in California to protect public health and the environment. Member groups include public and children's health advocates, clean air and water groups, health practitioners, environmental justice groups, labor, education, farmers and sustainable agriculture advocates from across the state.

The Center for Biological Diversity is a national, nonprofit conservation organization with more than 1.7 million members and online activists dedicated to the protection of endangered species and wild places.

Friends of the Earth fights to create a more healthy and just world. Our current campaigns focus on promoting clean energy and solutions to climate change, ensuring the food we eat and products we use are safe and sustainable, and protecting marine ecosystems and the people who live and work near them.

NRDC (Natural Resources Defense Council) is an international nonprofit environmental organization with more than 3 million members and online activists. Established in 1970, NRDC uses science, policy, law and people power to confront the climate crisis, protect public health and safeguard nature. NRDC has offices in New York City, Washington, D.C., Los Angeles, San Francisco, Chicago, Beijing and Delhi (an office of NRDC India Pvt. Ltd).

Pesticide Action & Agroecology Network (PAN) North America, is the North America Regional Center for the international PAN network. We work with those on the frontlines to tackle the pesticide problem and reclaim the future of food and farming from the pesticide and biotech corporations that have, for far too long, dictated how we grow food, placing the health and economic burdens of pesticide use on farmers, farmworkers and rural communities.

Source: Center for Biological Diversity