According to minutes from its Dec. 19 meeting, the Maine Board of Pesticide Control voted to approve three pesticide products that contain "forever chemicals" — at least by the state's definition.
The board passed the measure in a 5-1 vote after using federal standards for polyfluoroalkyl substances, or PFAS. Public health and organic farming advocates say the decision contrasts state law to eventually phase out products that contain the chemicals.
The pesticides, which contain cyclobutrifluram, epyrifenacil and isocycloseram were part of a group of active ingredients recently reviewed by the U.S. Environmental protection Agency's Risk Assessment Review Committee.
By federal standards, two fluorinated bonds are needed to be considered PFAS. State statute defines PFAS broadly as "substances that include any member of the class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom."
Since the products only contained one fluorine bond, therefore complying with federal standards, board members "didn’t see a reason not to approve them," minutes say.
The board is an independent commission with decision-making authority that is separate from the Maine Department of Agriculture, Conservation and Forestry
The chemical bonds that make PFAS so durable also mean they do not readily break down in the environment or the body. Experts agree consuming any PFAS can have long-term health effects such as cancer and infertility.
In 2021, Maine passed a law to phase out the manufacturing and sale of products containing PFAS by 2032. The rules are also in line with similar state bans including in Minnesota and California.
Emily Carey Perez de Alejo leads the advocacy nonprofit Defend Our Health. She said the board's decision works against the state's goals.
"We should not be adding more toxic pesticides with PFAS to what farmers are being sold right now, we should be helping farmers shift away from those toxic PFAs that we know are being phased out," she said.
Pesticides are required to be registered at both the federal and state levels. Federally, the EPA screens applications and conducts a risk assessment before approving or denying registration.
But Heather Spalding of the Maine Organic Farmers and Gardeners Association said the board should be working closer with the state agriculture department.
"For the board of pesticides control to basically say, 'well, that's just what Maine has to say. We're going to do what the EPA says.' That's just disappointing and frustrating and not productive," she said.
In a statement, the board said when a federally registered pesticide is submitted to the Board of Pesticides Control for registration it must meet the requirements of 7 M.R.S. §607 — the legislation that outlines the conditions of pesticide registration in Maine.
"The BPC determines whether the registration request complies with these criteria and that there are no state prohibitions on the distribution or use of the product," the board said.
