According to internet sources, “FMC and three national growers groups filed a petition in November 2009 with the D.C. Circuit Court of Appeals challenging EPA’s action to deny an Administrative Hearing. In December 2009, the court denied a request for a stay, granted our request for expedited review, and granted the request of CLA and others to file amicus briefs. Both the EPA and FMC filed briefs and the court heard oral arguments this past Monday, March 22. As is generally the case, the judges did not decide from the bench, and instead will issue their ruling by written opinion. While there is no fixed deadline for publication, we expect a decision within two to five months.”

And, Salem-news.com reports that “Opening arguments were heard in an appeal starting yesterday in the U.S. Court of Appeals for the District of Columbia that will decide the fate of carbofuran, one of the most toxic pesticides to birds. American Bird Conservancy (ABC) – the nation’s leading bird conservation organization – hopes the judge’s gavel will sound the death knell for this chemical in the United States, which is thought to have caused the deaths of tens of millions of birds since its use began in 1965.

Carbofuran, which is produced by FMC Corp, is an insecticide used to kill pests on corn, soy beans, cotton, potatoes, and other crops. It has already been much restricted, with the most dangerous, granular formulation that was estimated by the EPA to have killed up to three million birds per year (though other estimates suggest up to 90 million birds were killed), banned in 1994 and restricted uses only to the liquid formulation, which is also highly toxic. The Environmental Protection Agency (EPA) began the process of cancelling all uses in 2006. In an unprecedented move, FMC fought the cancellation, necessitating a protracted Agency hearing process and court battle leading to today’s final appeal”

Well things are hotting up here in Kenya too.

In response to our complaints and reports, the Ministry of Agriculture has created a task force to address the problem of Furadan and our first meeting is tomorrow. At that meeting will be government departments as well as industry and NGO participants. We are hoping  to impress on the stakeholders, the need for a precautionary approach when dealing with pesticides in this country. To date the Ministry of Agriculture and the Pest Control Products Board have been stating that Furadan is a “safe pesticide” and that the “benefits outweigh the harm”.

We do not know what this judgement is based on as we are not aware of any research that proves thisn, or any regular monitoring of howt eh pesticide is being distributed, used, whether proper use is enforced, or monitoring of residues on food crops, impacts on health or environmental.

Based on our own work we know that the labeled instructions are hardly ever implemented due to lack of safety materials (gloves, overalls, boots, face masks, air filters), most farmers do not store this or any pesticide under lock and key, and the pesticides are used in water ways, in irrigation schemes and for elimination of vermin all of which is against the instructions on the label. When people are harmed by this pesticide they do not report to the PCPB  or national Poison board. According to one agrovet and a victim we spoke to, there is no guidance for treatment of pesticide poisoning, they simply advise users to drink water or milk, and eat raw eggs as a remedy.

Though FMC and our government agencies have not exactly been sympathetic about the impacts  of carbofuran on wildlife, I keep reminding our friends that we should not feel so helpless. Our Pesticide control laws are on our side. The Pesticide Control Act allows for the Minister for Agriculture to ban any registered pesticide if new information becomes available; The EPA revocation of carbofuran tolerances in USA constitutes new information and this is something they cannot deny. No country in Africa can afford a Silent Spring, Kenya can be proud to lead the way on saying no to becoming a pesticide dumping ground for pesticides banned in the west.

As Richard Leakey says “If Furadan is not safe enough for use in America, then it’s not safe enough for us to use in Africa”

The problem of pesticide poisoning of predators is not unique to Kenya. All across Africa pesticides are being used as an easy and effective way of killing. A case in point is the recent tragic poisoning of 40 critically endangered vultures in Botswana. Though the pesticide has not been identified, it is extremely potent and took only minute to kill the birds. The tragedy is that these  birds were killed on the edge of the Okovango Swamp. They were the casualty in an attempt to kill lions and hyenas. Despite the heavy  penalties in Botswana the poisoning of wildlife using pesticides is driving vultures to extinction.

Although FMC have removed Fruadan from teh shelves in Kenya,  we are asking our government for a complete ban on Carbofuran to prevent other producers from distributing it, and to make the message crystal clear. We want Agrovets that are storing this and other  unapproved products to know that it is illegal and to enable enforcement officers to take action. To date the Governmetn of Kenya has been mum on the hazards posed by Furadan and carbofuran based pesticides.

So, wherever you are, please keep us in your thoughts and send positive vibrations tomorrow. We will presenting new evidence of the lion deaths near Amboseli as well as the preliminary findings of Martins research in the irrigation schemes.

Keep supporting us, we are confident that we can make progress on this deadly pesticide.

Keep reading this blog for updates

Despite all the evidence raised by WildlifeDirect and partners on the impact of Carbofuran on wildlife (lions, birds, fish, insects), the Kenya Pest Control Products Board has not been supportive and indeed states that there is no evidence that the product is dangerous. Unlike Canada and USA, the Kenya Government does not provide consumers with any information on the impacts that products we use are having on people or the environment.

The US EPA is proceeding toward cancellation of carbofuran registrations, to address risks to pesticide applicators and birds.  In 2006, in addition to dietary risks, EPA identified significant occupational and ecological risks from the use of carbofuran. Although carbofuran uses have benefits, EPA concluded that carbofuran products pose an unreasonable risk to human beings and the natural environment, and these risks outweigh the benefits of continued use. Therefore, all uses of carbofuran must be cancelled.In Canada, all products containing carbofuran are proposed for phase out because, based on available scientific information, they do not meet Health Canada’s current standards for human health and environmental protection and pose unacceptable risks to human health and the environment. Additional mitigation measures are not being proposed at this time.

We submit that if carbofuran is too dangerous to be used in USA and Canada then it is too dangerous to be used in Kenya.

Frederick M. Fishel at the University of Florida Pesticide Information Office  has written up a detailed account about Carbofuran and the cancellation process on their website. The following content comes from that site.

Carbofuran is a carbamate insecticide/nematicide, first registered in the United States in 1969. Carbofuran is classified as a restricted-use pesticide due to acute oral and inhalation toxicity. Carborfuran inhibits cholinesterase enzymes, affecting nerve-impulse transmission. Several formulations of the trade product, Furadan^®, are currently available (Figure 1). Although carbofuran has various registered uses, some of the commodities carbofuran is applied to in Florida include potato, corn, sugarcane, and cotton.

In the late 1990s, to reduce risks posed to drinking water and the natural environment due to carbofuran use, the manufacturer, Food Machinary and Chemical Corporation (FMC), made a number of changes to labels for flowable carbofuran. These changes included reducing the label-allowed application rates and numbers of applications.

• Topics: Pesticide Information Office  |  Fishel, Frederick M  |  Insecticides  |  Nematicides

Carbofuran Cancellation Process¹

Frederick M. Fishel²

This EDIS publication provides a brief history of carbofuran’s use in the United States, describes risks associated with carbofuran use, and outlines the U.S. Environmental Protection Agency’s (EPA) stated rational for revoking its regulations that have allowed carbofuran residues in food. This publication also describes the EPA’s plans announced in 2008 to cancel the pesticide’s registration due to risks carbofuran poses to pesticide applicators and to birds in treated fields.

Carbofuran Background

Carbofuran is a carbamate insecticide/nematicide, first registered in the United States in 1969. Carbofuran is classified as a restricted-use pesticide due to acute oral and inhalation toxicity. Carborfuran inhibits cholinesterase enzymes, affecting nerve-impulse transmission. Several formulations of the trade product, Furadan^®, are currently available (Figure 1). Although carbofuran has various registered uses, some of the commodities carbofuran is applied to in Florida include potato, corn, sugarcane, and cotton.

In the late 1990s, to reduce risks posed to drinking water and the natural environment due to carbofuran use, the manufacturer, Food Machinary and Chemical Corporation (FMC), made a number of changes to labels for flowable carbofuran. These changes included reducing the label-allowed application rates and numbers of applications.

Figure 1.  Furadan 4F is an example of a carbofuran trade product currently on the market in USA.

To date, three human studies have been conducted for carbofuran – one oral and two dermal. In May 2006, these studies were reviewed by the EPA’s Human Studies Review Board (HSRB). The Board concluded that, while the studies were informative, the results are not appropriate for use by the EPA in either the individual carbofuran or carbamate cumulative risk assessment. The EPA did not use the results of the human studies in the risk assessment for carbofuran. Carbofuran is classified by the EPA as “Not Likely” to be a human carcinogen.

Ecological Effects

Carbofuran is:

• Very highly toxic to birds on an acute basis and highly toxic on a sub-acute basis. A chronic-effect level could not be established because all concentrations tested caused mortality in the test subjects.
• Highly toxic to mammals on an acute basis. Chronic toxicity testing on laboratory rats showed reduced offspring survival and body-weight reductions.
• Very highly toxic to freshwater and estuarine/marine fish on an acute basis. The available chronic test showed larval survival as the most sensitive endpoint for freshwater fish. Embryo hatching was indicated as the most sensitive endpoint for estuarine/marine fish.
• Very highly toxic to freshwater and estuarine/marine invertebrates on an acute basis. Chronic tests showed reproductive effects.

Pesticide Reregistration

All pesticides sold or distributed in the United States must by law be registered by the EPA, based on scientific studies showing that the pesticide can be used without posing unreasonable risks to people or to the environment. Additionally, the Food Quality Protection Act (FQPA) of 1996 protects the public from health risks presented with exposure to excessive pesticide residues in/on foods and everyday surroundings, such as in the home and at places of employment. This FQPA amended the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) with respect to the EPA’s process of establishing tolerances for pesticide residues in food and in the atmosphere. As a result, pesticides first registered by the EPA before November 1, 1984, must be reregistered to ensure that the pesticides meet today’s more-stringent standards, which are due to advances in scientific knowledge.

In evaluating pesticides for reregistration, EPA obtains and reviews comprehensive studies from pesticide producers describing each pesticide’s effects to human health and the environment. To implement provisions of the Food Quality Protection Act (FQPA) of 1996, EPA considers the special sensitivity of infants and children to pesticides, as well as aggregate exposure of the public to pesticide residues from all sources and the cumulative effects of pesticides and other compounds with common mechanisms of toxicity.

EPA develops any mitigation measures or regulatory controls needed to effectively reduce each pesticide’s risks. EPA then reregisters pesticides that meet current standards for human health and safety. According to the EPA, these are the pesticides that can be used without posing unreasonable risks to human health and the environment.

When a pesticide is eligible for reregistration, EPA explains in a Reregistration Eligibility Decision (RED) reasons for the decision on whether to reregister the pesticide or cancel registration for the pesticide.

Tolerance Revocation

Due to considerable risks associated with carbofuran in food and drinking water, EPA is revoking its regulations that have allowed carbofuran residues in food. Because dietary exposures to infants and children are of particular concern, the EPA is moving to revoke carbofuran tolerances first, before cancelling carbofuran registrations. This approach provides the most direct and timely means to realize protection of children from dietary risks. It also allows multiple stakeholders an additional opportunity to comment.

According to a statement released by the EPA on July 24, 2008, even though carbofuran is used on a small percentage of the U.S. food supply and therefore the likelihood of human exposure through food is low, EPA has identified risks that do not meet their rigorous food safety standards. EPA is taking the necessary steps to address these risks to ensure that the U.S. has the safest food supply possible. Children and others should continue to eat a variety of foods, as recommended by the federal government and nutritional experts.

In a Federal Register notice signed in July 2008, EPA is proposing to revoke all U.S. carbofuran tolerances. EPA specifically will request comment on whether any individual carbofuran tolerances, or group of tolerances, meet the Federal Food, Drug, and Cosmetic Act (FFDCA) safety standard. It is possible that one or more individual carbofuran tolerances could be maintained, if information is provided to demonstrate that the tolerance(s) would be safe.

Revoking carbofuran tolerances is part of a broader series of EPA actions to cancel all uses of carbofuran in the U.S. due to human dietary, occupational, and ecological risks of concern. After moving to revoke carbofuran tolerances, EPA subsequently plans to publish a Notice of Intent to Cancel all carbofuran registrations.

EPA establishes tolerances for pesticides that may be found on foods and can also revoke tolerances to better safeguard public health and the environment. The EPA must modify or revoke any tolerance that it determines is unsafe, that is, that does not meet the safety standard of the FFDCA. The EPA is proposing to revoke all tolerances for carbofuran because exposure through food and drinking water does not meet the FFDCA safety standard.

 Canada

This information is from the Canada Pest Control Board.

 “After a re-evaluation of the insecticide carbofuran, Health Canada’s Pest Management Regulatory Agency (PMRA), under the authority of the Pest Control Products Act, is proposing phase out of carbofuran products in Canada.

An evaluation of available scientific information found that, under the current conditions of use, carbofuran products pose an unacceptable risk to human health and the environment, and therefore do not meet Health Canada’s current standards for human health and environmental protection. As a result, all uses of carbofuran are proposed for phase-out. This includes registered uses on canola, mustard, sunflower, corn (sweet, field and silage), sugar beet, green pepper, potato, raspberry and strawberry as well as temporary emergency uses on turnip and rutabaga. The emergency uses on turnip and rutabaga were registered for the period of April 1, 2008, to August 31, 2008, and are no longer registered for use in Canada, but were included at the time of this assessment.

The PMRA‘s pesticide re-evaluation program considers potential risks as well as the value of pesticide products to ensure they meet modern standards established to protect human health and the environment. Regulatory Directive DIR2001-03, PMRA Re-evaluation Program, presents the details of the re-evaluation activities and program structure. Re-evaluation draws on data from registrants, published scientific reports, information from other regulatory agencies, and any other relevant information available.

The proposal affects all end-use products registered in Canada that contain carbofuran. This Proposed Re-evaluation Decision is a consultation document that summarizes the science evaluation for carbofuran and presents the reasons for the proposed re-evaluation decision.

The information in the Portable Document Format (PDF) version of this document is presented in two parts. The Overview describes the regulatory process and key points of the evaluation, while the Science Evaluation provides detailed technical information on the human health, environmental and value assessment of carbofuran.”

I am very sad that the CEO of the Kenyan Pest Control Products Board (PCPB), Mrs Gladys Maina cannot have a serious conversation with us about carbofuran poisoning in Kenya. She appears to be bitterly angry that WildilfeDirect has called for a ban on this product. This does not make a lot of sense to me since her job is not to protect the agrochemical industry but to protect consumers and the environment. My efforts to discuss issues with her on phone have always involved accusations that I am an ‘activist’ and that I have a personal grudge against her. It’s silly I know but even if it were true, that does not relieve Mrs Maina of her duties as the CEO of the PCPB.

According to their website the PCPB aspires to the following

Our Vision
The vision of the PCPB is to be the leading regulatory agency for pest control products in the region.

Our Mision
The mission of PCPB is to provide an efficient and effective regulatory service for importation, exportation, manufacture, distribution, transportation, sale, disposal and safe use of pest control products and mitigate potential harmful effects to the environment.

Kenyans are using furadan and other pesticides in hunting birds and fish for  human consumption. This is not just about the dying birds, fish and other animals, it is a Public Health concern.

KENYANS SHOULD BE OUTRAGED!

Out tax money is paying for the salaries of civil servants like Mrs Maina who has a very specific duty towards Kenyans. She should hav no choice but to do her job or be judged for failing to protect Kenyans from the harmful effects of carbofuran by refusing to respond to reports of unsafe use and harmful effects to the environment.

Mrs Maina insists that I am fabricating reports. This is why I am publishing them here on line for all to view.

I made the slide show Purple Death to illustrate what is happening in Kenyan rice schemes to enable anyone anywhere to share this information and demand that the PCPB respond.

I am also attaching a report written by Martin Odino on July 18th sent by registered mail to Gladys Maina of the (PCPB) in accordance to her verbal instructions (she told me that our previous reports were not in the correct format preventing her from acting).

Though no written acknowledgment was received, Mrs Maina did confirm to me on phone that that did receive the reports but that she will not investigate this or any other incident reported – citing her concern that WildlifeDirect and friends are mere “activists”, that our reports contain no “technical facts”. She also said that the PCPB will not make site visits, nor will they be testing samples collected by us from the field as she suspects that we have tampered with the samples. In other words they will pretend that this and all other reports were in fact, never made.

This report was copied to Linda Froelich of FMC as per our agreed procedures captured in minutes of a meeting between the Stop Wildlife Poisoning Task Force held at the WildlifeDirect Nairobi offices on April 15th 2009. We have received no response from FMC.

This disappointing situation reveals just how deep the psychology of denial is in the PCPB and FMC.

We will continue to post carbofuran (and other pesticide) poisoning incident reports here for the record

INCIDENT REPORT OF POISONING OF BIRDS IN BUNYALA (JUNE 2009)

Please find below a report of witnessed bird poisoning from Bunyala, Busia in June 2009. I wish to bring to your attention that between June and July (2009) I have been Ahero Rice Scheme and Mwea Rice Schemes where witnesses say there is ongoing poisoning of birds using Furadan. In Mwea and Ahero, the species of birds poisoned are the White-faced Whistling Ducks and Fulvous Whistling Ducks in addition to doves in Ahero. In all the sites the birds were intentionally poisoned for human consumption.

Please also find attached photos taken during June 2009 survey of the poachers with the poisoned birds in sacks and about them; also a photo of a torn off Furadan label by the poachers to conceal the identity of the Furadan poison they are using.

We also had some dove samples whose contents (gut-crop, gizzard and intestinal- contents) tested for carbofuran poisoning as well as the sampple of the bait that was used to poison them tested for carbofuran and I have also attached the certificate of analysis.

BUNYALA POISONING

Incident: Poisoning of Cattle Egrets (8 birds)
Date incident occurred: 04/06/2009
Threat: 3 species of Egrets(Cattle Egrets, Yellow-billed Egrets and Little Egrets), Hadada Ibis, Sacred ibis, Sandpipers and humans that handle the furadan and those that feed on the poisoned birds.
Method:termites and small fish laced in Furadan

Incident: Poisoning of African Open-billed storks (22 birds)
Date incident occurred: 06/06/2009
Threat: Humans that use Furadan for poisoning and those that consume the birds.
Method: Snails (Species Pila ovata) laced in Furadan

Incident: Poisoning of Cattle Egrets (4 birds)
Date incident occurred: 06/06/2009
Threat: Other Egrets (Yellow-billed Egrets and Little Egrets), Sacred Ibises and Hadada Ibises. Humans that use Furadan for poisoning and those that consume the birds.
Method: termites and small fish laced in Furadan.

Music provided by Kevin McLeod incompetech.com – to all you out there who have stood by us we  Thank you! Your support gives us strength.

Hi friends. I have a couple of things that seem to be looking up which I would like to put across to you. Indeed you are the pro-anti-wildlife poisoning community with whom we share with every little success we attain. Thank you so much for your support and please keep supporting us.

First, We [Dr. Richard Leakey (Chairman, Wildlife Direct), Dr. Paula Kahumbu(CEO,Wildlife Direct and myself))] have been trying to have the poisoned bird samples tested for Furadan, now two weeks since I got them from the field. After going through what I would describe as seemingly protracted delay in the testing of the samples, finally we have word that the analysis will be done. I however still dread the rates which during my last visit at the institute I was informed that ‘new, international rates were to be adopted starting any second in time’. I however believe that we will pull through this.

We are also aware that our Kenyan parliament will be discussing ‘Why Furadan should not be banned in Kenya ‘, today. Our fingers are crossed.

Third, it appears the buy back by FMC, through the local supplier, JUANCO is doing well, but my fear is how effective the buy back process is. I have a hunch that the we could be deceived by a pseudo success with the buy back of Furadan. This especially follows the findings, from a visit to an area, 2 days ago, where I have done two surveys in the past. This is in Kajiado District, Kenya where in the surrounding rural neighbourhood, Furadan has been used to poison carnivores: lions and hyenas as per the surveys’ findings, to resolve human-wildlife (carnivore) conflict.
After going around virtually all the agrovet shops in the small market centre, of all the agrovet shops that were open, I only found Mocap (the replacement of Furadan)in one. The others did not have Mocap. Then I wondered, how come they all said Mocap had replaced Furadan and significantly, no agrovet seemed to be stocking it? In addition, all the peopple I asked about Furadan and Mocap were so suspicious and a number needed my phone contact!?

Mocap in 1 agrovet shop out of about 15 agrovets.

I was yet to get more overwhelmed in wonder until when I got mocked at with a pack of the killer pesticide in the last agrovet that I paid a visit. In the earlier surveys, I had met a male sales person at the counter of this agrovet. This time it was a lady. So I informed the lady that I had come looking for a certain young man whom I had interacted with sometime back and that I was doing a survey on Mocap and Furadan. I described the man precisely, hoping the fortune from furadan sale had not changed his physical appearance.As the lady regarded me with suspicion, the gentleman matched in. Strange, she informed him that I had just been asking for him. Thanks to the matching of my description. A few exchange of Masai words that left me enshrouded in ignorance but at last I was welcome.

The gentleman was suspicious but when I truthfully told him that I had come to seek some information about Furadan, his Moran ego, being Masai, overtook him and as he mockingly rebuked me and my associates for succeeding in ‘banning’ furadan, he danced and went behind the sales lady where there was another shelf facing the other way round, fished out something, blew off some dust from it with his strong exhalation, picked up a rag and wiped the white container with a pink cap, then marched back to the counter and with a resounding thud, dropped it under my nose in my full view!a 200gram Furadan 5G pack! I shook it to confirm it had the granules. Yes it had contents! God! What if there were hundreds of this where he had got this one from?

I thought quickly, realizing I had to be cautious here. I pushed away the thought of what could be fished out next. A club?…or a spear?afterall I noticed I was foe at this point. Tactfully, I sought to know his opinion in pesticidal effectiveness of Mocap versus Furadan, giving him a lead that Furadan might afterall be the way better pesticide.

And so my friend let loose of all that lay covered at heart with my lead: He revealed that loads of the pesticide are stashed by some farmers and some retailers (some poachers too I bet); he did not trust the buy back and said most likely Furadan would just be given a different trade name and be re-introduced to the market, may be with a slight colour modification and would be sold more expensively to recover for the years that it is will have been lying underground. He went ahead to give me an example of a domestic fly insecticide once called SNIP that was banned then 3 years later reintroduced as AGITA, with slight colour modification and infact the package was maintained but for the trade name and now costs 300% higher (Does it mean 100% for every year in ‘banned’ state?). For some reason, he said contraband Furadan is infiltrating into Kenya from Tanzania. To the best of my Knowledge, Furadan supply is supposed to be withdrawn and is being bought back by FMC from Kenya, Tanzania and Uganda. The salesman could not resist smiling as he reminded me that the ‘sweetness of profits’ in this agrovet business is realized in dealing with contraband products and that Furadan could bring big-time returns!

I cunningly divulged from the Furadan discussion and slowly cooled down the heat that ensued from what the agrovet man had revealed as I sought a way to disengage from the dialogue and leave. I had samples to be analysed that I had to go follow up with. And so I contemplated in my mind about the whole experience. I cannot stop thiking the other agrovets still had Furadan stock somewhere. What if JUANCO were buying what was just on the shelves?Do they really have authority to check back stage supply storages of these agrovets? may be this is where PCPB and AAK can flex their muscles undefeatably, but sad that they are not just willing to do it yet. They are still in denial that Furadan is indeed more of a poison than a pesticide.

I am due to get back to the field in just about 1 week. Remember my operation A MONTH OUT WITH BIRDS GETTING POISONED and kindly support me. I believe there was no better timing for this operation especially with seeming attention captured from the agro-retail, governmental and the general public. Let’s see how bird poisoning goes this month which should indeed reflect on the effectiveness of the Furadan withdrawal process and reveal if the rice schemes are to be targeted for urgent buy back.

Will keep updating you. keep reading.