A New Strategy to Permanently Halt Light-brown Apple Moth Spraying in California Without Consent

Under huge public pressure, three bills that address the need for information have recently been introduced - AB 2763 (Laird - D), AB 2765 (Huffman - D) and AB 2760 (Leno - D). We are encouraged by these steps.

AB 2763 (Laird - D) Requires the Department of Food and Agriculture to create a list of invasive animals, plants, and insects that have a reasonable likelihood of entering California for which an eradication program might be appropriate, and hold public hearings on this information.

AB 2765 (Huffman - D) sets new limits on the emergency powers of the Department of Agriculture. The bill requires a public hearing to receive testimony and examine alternatives to aerial spraying prior to any decision to spray.

AB 2760 (Leno - D) would require that an Environmental Impact Report be completed before the CDFA can apply pesticide in an urban area for the eradication of the light brown apple moth.

But there is a growing and urgent demand to address the need for consent. This new legislative strategy addresses this demand. Any decision process must include informed consent for programs involving pesticide spray over people and their property. We believe that this strategy is respectful of farmer’s rights to manage their fields, while simultaneously protecting the right of people to determine what happens to their own bodies.

Voluntary consent is not a new idea. It is a basic human right that was first defined in the Nuremberg Code, as a result of the atrocities of human experimentation in Nazi Germany. This right is embraced by U.S. policy and is included in the NIH directive. It is also codified in the California Health and Safety Code, Section 24,171. As of May 13, 2008, a petition on StopTheSpray.org has received 26,806 signatures from concerned residents in California demanding voluntary consent and a vote.

StopTheSpray.org is already evaluating ballot initiatives and other measures necessary to curtail the power of the CDFA to endanger the health and human rights of people in California. Today we enter the next phase of our legislative battle to recognize the right of consent: We have formed a team to work with the authors of the bills, their legislative teams and other legislators to ensure the people's right to determine what happens to their own bodies is respected and is a key component to every decision involving pesticide spray.

To view or sign the online petition opposing pesticide spraying without consent and to read more about the issue please visit: www.stopthespray.org

John Russo is the founder of StopTheSpray.org and author of the petition demanding voluntary consent and a vote before exposure to pesticides. John is also a farmer and beekeeper in Carmel Valley, California. Stop The Spray is a grass-roots movement that first started in October of 2007, as a public response to massive aerial sprayings of thousands of people on the Monterey Peninsula. It has organizations throughout the entire Bay Area, East Bay and Marin.