The smuggling of pesticides and other toxic chemicals on ‘online marketplaces’ finally finds an obstacle in the USA, thanks to the complaint filed by the Ministry of Justice on behalf of the Environmental Protection Agency (EPA) against eBay Inc., in federal court of Brooklyn. (1)
1) Pesticides, general conditions of use
Pesticides, herbicides and fungicides are subject to more or less lenient rules – in the various international markets – which, depending on the case, include:
– ban or restrictions on the use of various substances in individual territories, protected areas or close to sources of drinking water supply or urban settlements,
– bans and/or restrictions and/or conditions of use on certain crops or on raw materials intended for specific supply chains and products (e.g. ‘baby-food’, ‘sustainable agriculture’),
– restrictions on the purchase of certain ‘phytosanitary’ products for professional operators only, in some states subject to specific licenses for use (to be achieved through courses and exams),
– mandatory registration of purchases of materials and treatments carried out by professional operators,
– time constraints and other conditions of use (i.e. bans on aerial spraying and use in the post-harvest phases, in the EU),
– duties to use appropriate personal protective equipment for workers.
2) Pesticide smuggling, the motives and consequences
All the more severe are the rules, the more advantageous the smuggling of pesticides and other agrotoxics is. Dishonest and criminal farmers and breeders can thus use banned substances without being accountable to anyone, except then:
– poison the aquifers – where traces of DDT and atrazine are still found, even in Italy, although banned since the last century, (2)
– expose public health and the environment to uncontrollable risks (3,4),
– carry out food fraud and unfair competition to the detriment of consumers and honest operators,
– cause food safety crises, as in the case of eggs contaminated with the insecticide Fipronil, prohibited for professional users. (5)
3) ‘Online’ smuggling
‘Corporations’ who manage ‘online marketplaces’ on a global scale, over the years, have taken care to exclude from the ‘policies’ of their giga-businesses the only goods that could have caused them the most serious economic and reputational damage. (e.g. ‘prescription drugs’, firearms, pornography).
The sale of pesticides and other toxic chemicals is instead tolerated, even if in conflict with the regulations in force in the various countries of destination:
– Amazon, as the writer has (in vain) reported already in 2018, offers pesticides for free sale which in the EU can instead be sold only to professional operators with a specific license, (6)
– eBay in turn continues to sell ‘illegal pesticides and banned products containing restricted chemicals’. As well as ‘illegal devices that evade motor vehicle pollution controls’.
4) USA, EPA legal action against eBay Inc.
US Justice Department announced its complaint – on behalf of the EPA (Environmental Protection Agency, USA), on September 27, 2023 – against eBay Inc. «for having illegally sold and distributed hundreds of thousands of products in violation of the ‘Clean Air Act’ (CAA) , ‘Federal Insecticide, Fungicide, and Rodenticide Act’ (FIFRA), and ‘Toxic Substances Control Act’ (TSCA)”.
The prosecution of violation of FIFRA concerns the illegal sale and distribution of:
– ‘at least 23.000 unregistered, misbranded, or restricted-use pesticides, including in violation of a cease-sales order the EPA issued to eBay in 2020 and amended in 2021.’ Among these are highlighted
– ‘a highly toxic insecticide banned in the United States, restricted-use pesticides that can only be applied by certified applicators, and products that fraudulently claim to protect users from the aoatanze virus’. And not only.
4.1) Illegal toxic chemicals
eBay Inc. she is also charged with selling “over 5.600 items in violation of the TSCA Methylene Chloride Rule. The rule prohibits retailers from commercially distributing products containing methylene chloride for the removal of paints and coatings, in order to prevent unreasonable risks, including death, presented by these types of products.”
4.2) Devices that mask polluting emissions from motor vehicles
In addition, the complaint alleges that “eBay sold, offered to sell, or caused the sale of more than 343.000 aftermarket defeat devices, which defeat motor vehicle emissions controls, in violation of the CAA. Aftermarket defeat devices significantly increase pollutant emissions – including carbon monoxide, nitrogen oxides, particulate matter and non-methane hydrocarbons – that harm public health and hinder the efforts of EPA, states, local agencies to plan and achieve air quality standards”.
4.3) Requests from the prosecution
The court United States District Court for the Eastern District of New York is required to:
– declare that eBay’s business practices as an e-commerce retailer violated the CAA (Clean Air Act), FIFRA (Federal Insecticide, Fungicide, and Rodenticide Act), and TSCA (Toxic Substances Control Act),
– Take injunctive relief to prevent eBay from further violations of these laws, as well as sanctions for violations of the CAA.
5) E-commerce, responsibilities in the USA
‘Laws that ban the sale of products that can seriously harm human health and the environment apply to e-commerce retailers like eBay, just as they do to physical stores. We are committed to preventing the illegal sale and distribution of hazardous chemicals and devices that manipulate emissions, which, if used improperly, can lead to disastrous consequences for individuals and communities‘ (Todd Kim, Assistant Attorney General, Environment and Natural Resources Division – ENRD, Justice Department).
‘The complaint filed today shows that the EPA will hold online retailers accountable for illegally selling products on their websites that can harm consumers and the environment‘ (David M. Uhlmann, Assistant Administrator, Office of Enforcement and Compliance Assurance, EPA).
‘The sale eBay’s handling of emission control devices, pesticides, and other unsafe products poses unacceptable risks to our communities, which are disproportionately affected by environmental and health risks. Together with our partners, this office will vigorously enforce federal laws against those whose conduct endangers public health and the environment‘ (Breon Peace, U.S. Attorney for the Eastern District of New York).
6) Europe, pesticides and toxic chemicals out of control
XNUMX-XNUMX business days and its member states instead aspire to absolute supremacy in the non-application of the rules to guarantee public health and the environment with respect to pesticides and toxic chemicals. A couple of examples:
– pesticides, herbicides, fungicides and other agrochemical products for professional use are still on free sale online, as already reported, (6)
– controls on toxic chemical substances in ‘food contact materials’, as has already been reported, are effectively non-existent. (7)
General Product Safety Regulation (GPSR), at least on paper, could prove to be the most effective tool for motivating operators to respect the rules, given the risk of dissuasive sanctions in proportion to turnover. (8) CSR and ESG, vice versa, still seem indifferent to ‘due diligence’ on legality.
Dario Dongo
Footnotes
(1) US Department of Justice. Office of Public Affairs. Justice Department Files Complaint Alleging Environmental Violations by eBay. https://tinyurl.com/23uzm4yt Press release. 27 September 2023
(2) Dario Dongo. ISPRA, 2020 report on pesticides in water. GIFT (Great Italian Food Trade). 24.12.20
(3) Marta Strinati. Pesticides in the bedroom. The analyzes of the ICE Save Bees. GIFT (Great Italian Food Trade). 21.9.21
(4) Marta Strinati. Pesticides, two thirds of the planet at risk of environmental pollution. GIFT (Great Italian Food Trade). 26.9.22
(5) Dario Dongo. Eggs with Fipronil, reflections on yet another food fraud in Europe. GIFT (Great Italian Food Trade). 11.8.18
(6) Dario Dongo. Ecommerce, pesticide smuggling. GIFT (Great Italian Food Trade). 19.10.18
(7) Paolo Rebolini, Dario Dongo. Italy, national plan for official controls on materials and objects intended to come into contact with food products. GIFT (Great Italian Food Trade). 12.9.23
(8) Dario Dongo, Alessandra Mei. General Product Safety Regulation, at the starting line in the European Union. The ABC. GIFT (Great Italian Food Trade). 13.5.23
Dario Dongo, lawyer and journalist, PhD in international food law, founder of WIISE (FARE - GIFT - Food Times) and Égalité.
