[Adopted 3-11-2020]
A.
Glyphosate is the primary active ingredient in glyphosate-based herbicides
(GBHs), such as RoundUp® and Rodeo.
Glyphosate poses harm to developing children and humans generally,
bees and other pollinators, pets, domestic animals, wildlife and other
living resources. Many glyphosate restrictions or bans throughout
the world have been introduced following the 2015 glyphosate report
by the World Health Organization International Agency for Research
on Cancer (IARC) that concluded "Glyphosate is probably carcinogenic
to humans (Group 2A)", that there was a positive association between
glyphosate exposures and non-Hodgkin lymphoma (NHL) and that glyphosate
exposure caused DNA and chromosomal damage in human cells, as well
as genotoxic, hormonal and enzymatic effects in mammals.
B.
Because it is in the best interest of public health and the environment
to eliminate the use of glyphosate-based herbicides (e.g., GBHs) on
Town-owned/-operated lands, ponds and waterways; to encourage the
reduction and elimination of the use of such herbicides on private
property; and to introduce and promote ecologically sound, organic
and other management practices to prevent and/or manage unwanted vegetation
on Town-owned/-operated land, the South Hadley Board of Health adopts
the following regulation.
This regulation is promulgated to the authority granted to the
South Hadley Board of Health by MGL c. 111, § 31, that "boards
of health may make reasonable health regulations."
For the purpose of this regulation, the following words shall
have the following meanings:
A systemic organophosphate herbicide C3H8NO5P used to control
herbaceous and woody weeds and the primary ingredient in many broad-spectrum
herbicides (e.g., Roundup®, Rodeo® Ranger Pro®, Bonide® Ground Force® Vegetation
Killer).
A substance that is toxic to plants, used to destroy unwanted
vegetation.
The Northeast Organic Farming Association, Massachusetts
Chapter, a nonprofit organization that provides guidelines for organic
land management.
A method of preventing and managing unwanted vegetation problems
that does not use GBHs. This includes only NOFA's Standards for
Organic Land Care: Practices for the Design and Maintenance of Ecological
Landscapes and/or Beyond Pesticides' Products Compatible with
Organic Landscape Management or another comparable equivalent to be
determined by the South Hadley Board of Health.
A substance used to manage any unwanted organism: insects,
rodents, birds, unwanted plants ("weeds"), fungi, or microorganisms,
such as bacteria and viruses. The term "pesticide" applies to insecticides,
rodenticides, herbicides, fungicides, microbicides, and various other
substances used to manage unwanted species.
A.
The use and application of glyphosate-based herbicides by Town employees
and/or by private contractors for managing lawns, turf, ornamental
beds, and trees is prohibited on all Town-owned/-operated lands. This
shall include, but not limited, to the following spaces owned and
managed by the Town of South Hadley Park Commissioners, School Committee,
Conservation Commission and Library Board of Trustees on the grounds
listed below, but not limited to: athletic fields, playgrounds, grounds
of Town buildings (police, fire, Town Hall, Department of Public Works,
Council on Aging), Town museums, greens, parks, picnic areas, cemeteries,
conservation areas, water protection districts, traffic islands, parking
lots, beaches, roadsides, golf courses, and food production plots.
B.
Organic land management (OLM) shall be the methodology of choice
to understand, prevent and manage unwanted vegetation problems on
Town-owned properties. This limits management products and interventions
to those approved by NOFA, Beyond Pesticides and/or Organic Materials
Review Institute (OMRI) or another comparable equivalent determined
by the South Hadley Board of Health.
C.
All glyphosate-based herbicide products currently stored in or on
Town-owned premises shall be compiled by the Director of Public Works
or Solid Waste Coordinator, who shall have the authority to dispose
of any such products, including all GBHs, through a Massachusetts
Department of Environmental Protection (MassDEP) approved method.
D.
This regulation shall only apply to properties owned by the Town
and not to private property. Accordingly, it shall not infringe upon
any state laws or regulations, including MGL c. 132B (the Massachusetts
Pesticide Control Act) and Chapter 333 of the Code of Massachusetts
Regulations, nor any federal laws or regulations.
A.
A request for an exemption shall be made to the South Hadley Board
of Health in writing.
B.
An exemption can only be granted by the South Hadley Board of Health,
or its designated agent(s), due to an imminent threat to public health.
An exemption shall only be granted after all nontoxic interventions
have been exercised and failed to produce a tolerable outcome.
A.
Enforcement of this regulation shall be by the South Hadley Board
of Health or its designated agent(s).
B.
Any person who desires to register a complaint pursuant to this regulation
may do so by contacting the South Hadley Board of Health or its designated
agent(s), and the Board shall investigate.
If any provision of this regulation is declared invalid or unenforceable,
the other provisions shall not be affected thereby but shall continue
in full force and effect.
This regulation shall take effect on March 11, 2020.
