Senate OKs letting Washington Department of Agriculture judge chlorpyrifos

The pesticide chlorpyrifos, besieged in federal lawsuits but stoutly defended by U.S. farm groups, will be evaluated by the Washington Department of Agriculture under a bill passed by the Legislature.

The agriculture department will have new application rules, if needed, in place by Jan. 1, 2022, to ensure people aren't exposed to harmful levels of chlorpyrifos, according to Senate Bill 6518.

The Senate gave the bill final approval Wednesday and sent it to the governor's office after agreeing to House amendments. The bill's sponsor, Sen. Christine Rolfes, D-Bainbridge Island, originally proposed a near-total ban on chlorpyrifos beginning in 2021.

"Not completely the outcome I wanted to see, but it's a really, really great start towards public safety and public health," Rolfes said.

The Senate passed the bill on a bipartisan 40-7 vote. The measure also calls for increased funding for the agriculture department to train pesticide applicators, a feature of the bill supported by farm groups.

The top-ranking Republican on the Senate agriculture committee, Judy Warnick of Moses Lake, said the House changes made the bill acceptable.

"I didn't think I was ever going to be able to support this bill," she said. "I thoroughly support this bill now."

The seven "no" votes were from Republicans. Sen. Mike Padden, R-Spokane Valley, said lawmakers should hear recommendations from state agencies, but set policies.

"Far too often this legislative session, we're deferring to agencies to make rulings," he said.

Private groups and some states, including Washington, Oregon and California, are suing in federal court to force a nationwide ban on chlorpyrifos. The suits allege chlorpyrifos is a danger to infants and unborn children. The EPA is fighting the suits, saying it's in the midst of a thorough review of chlorpyrifos that will be finished by Oct. 1, 2022.

Farm groups from across the country have intervened in the lawsuit, arguing chlorpyrifos is a safe, effective and vital chemical for protecting crops. Chlorpyrifos was registered for use in U.S. agriculture in 1965. The EPA banned household uses of chlorpyrifos in 2000.

Washington farm groups opposed the state-level ban, saying farm applications are highly unregulated and that lawmakers shouldn't prohibit a chemical that EPA scientists are still studying. House Agriculture and Natural Resources Committee Chairman Brian Blake, D-Aberdeen, said he was uneasy about legislators prohibiting a pesticide and supported turning the issue over to the state agriculture department.

California, Hawaii and New York have enacted bans of varying strictness on chlorpyrifos.

By DON JENKINS