Argentina Court upheld an agrochemical prohibition

The Court of Appeals in the Judicial District No. 2 of Rosario, Argentina dismissed the petition filed by the firm SpeedAgro SRL against the municipality of Arequito, accusing it of unlawfully and arbitrary sanctioning an order that regulates the application of pesticides, affecting the interests of the company and specifically prohibits the use of an adjuvant based on a key component nonylphenol ethoxylate in the manufacture of its products.

The struggle between the firm and the municipality dates back to 2011, when Order No. 965, which prohibits the use of plant protection products in the red band group as well as adjuvants, accelerators and agrochemical optimizers based on nonylphenol ethoxylate, a component that is found in, for example, soaps, shampoos and detergents. Although its toxicity depends on its concentration, there are a lot of studies and bodies proving that it affects the hormonal system of people, mammals, amphibians and fish.

Speedagro filed an injunction, asking to remove three of their products from this law and to declare this law as unconstitutional. In February 2012, the court upheld the validity of this injunction therefore, the company that sells fungicides, herbicides, insecticides, fertilizers and seeds in the country, appealed the decision which was reaffirmed in February 2012.

The firm had one more chance to appeal before the Supreme Court, but the time expired recently. So the Chief of the District, Juan Larrambebere, confirmed that the company did not appeal and therefore the rule remained firm.

Allegations

Judges Alejandro Dalmacio Andrada, Marcelo Raúl López Marull and Clara Matilda Rescia de la Horra, defined the resource rejecting allegations by the firm, stating that the municipality applied the legislation on the subject without knowing the national consequences. In this sense, the Court made it clear that “the Federal State is in charge of budgets or small laws but that the provinces and the local Governments have to apply the rules to complete the law, which may be necessary to complement them", which involves adding requirements not referred to in the above rules.

In this regard, he added that since the national constitution was amended in 1994, "there is no polemic about the power of the police on the essence of the municipal competition", and it is clear that there is legal functions and powers of the local governments ensuring well-being and environmental protection.

In short, "the basic rules may be different to those of a higher rank, and therefore do not violate the federal supremacy, as far as the discrepancy lies in the rule that the inferior protects more than the superior" concludes the opinion.

"Therefore it is inherent in the role of the government and gives jurisdiction to the Commission of the Municipality of Arequito to exercise their own police power, prohibiting the use of certain products with the aim to protect health and the environment, in safeguarding the public interest of all its citizens", said the  jury. And upheld that the order "is framed in constitutional, legal and jurisprudential principles developed" on the record, which includes the testimony of an official of Health and agronomists consultants of the municipality, which like the UNR and INTA agree on the toxicity and hormone incidence of the nonylphenol.

Two campaigns

Meanwhile, SpeedAgro professionals who testified emphasized that the company is authorized by SENASA to use the component present in the Speedwet product which was confirmed by the Chamber of Commerce.

The court ruled that despite this, the rest of the sources conclude that the product is harmful and cites the example of the firm Rizobaxter Argentina, that knowing that the European Community banned nonylphenol, decided to replace its use to a fatty alcohol ethoxylate .