Tag Archives: toxic

Toxic landfills, fracking and the lethal threat of Environment Agency neglect Updated for 2026





Zane, a beautiful bright 7-year-old boy who had just won his green stripe belt at martial arts class, and who was described by his headmaster as a “larger than life” figure, died on the nmight of 8th February 2014. Both his parents were taken ill, and his father, Kye, remains paralysed from the waist down.

The cause of death and harm remains officially unknown nearly a year later. Initial reports suggesting carbon monoxide poisoning from water pumps were later discounted. But firemen at the scene detected hydrogen cyanide, later confirmed by Public Health England.

In fact, the house is a rare all electric house with no gas supply and no capability of generating carbon monoxide. No carbon monoxide was found in the family home. Also, it took Public Health England 14 weeks to confirm to the family that hydrogen cyanide was indeed found in their flooded house.

Was it a cover-up?

And amazingly, despite the immediate finding of hydrogen cyanide in the home, the pathologist was never told to test Zane’s blood for hydrogen cyanide.

As early as March, the family sent a report to the coroner suggesting important lines of enquiry including testing for hydrogen cyanide. But there is still no official confirmation of what actually killed Zane.

The family’s own investigations into the surrounding area have since revealed that a field 6 metres from their home that contains a lake and looks so idyllic, is actually contaminated land – but this did not show in environmental searches.

Zane’s parents bought the house in 2004, when an environmental report showed no land contamination. However, subsequent reports for a neighbouring property in 2011, and for their own home, ordered by Zane’s parents last month, indicate contamination due to an old landfill site behind their home, now an infilled lake.

They also discovered that the Environment Agency knew about the toxic hazard from the landfill, ordering gas-proof membranes to protect their own staff when they built cabins nearby. This week, the family told Talk Fracking that the authorities, including the Environment Agency, have been “walls of silence”.

In response to questions about climate change, the Met Office confirmed that the flooding was consistent with what is expected from the fundamental physics of a warming world, thus increasing the potential dangers that flooding could compromise more landfill sites.

Fracking may need countless new landfills to dump its waste

In a recent submission to the Environmental Audit Committee, researcher and consultant Paul Mobbs analyses the water treatment and waste management associated with fracking. He forecasts a 50% increase in hazardous waste landfill, a staggering quarter of a million tonnes.

In December, Talk Fracking gave the Government some Christmas reading in the form of scientific reports on the health dangers of fracking. They included the Government’s own scientific advisor warning that fracking could join historic scandals such as asbestos, thalidomide, and lead in petrol.

Energy Minister, Matthew Hancock replied to Talk Fracking this week, citing two reports, one a three-year old study by the Royal Academy of Engineering (RAE), and the other by Public Health England. In his reply he concedes that both reports call for effective regulation and strong enforcement to bring the health, safety and environmental risks to a low level.

With the proposed massive expansion of this new industry across the country, and the many known and accepted risks, including the landfill issues highlighted by Paul Mobbs, you would expect a responsible Government to increase Environment Agency staff accordingly.

And now the Environment Agency cuts its regulatory capacity

In one of the reports Matthew Hancock used in his defence, the RAE stated that regulatory capacity must be maintained. But just two days after Zane’s sad death, news of 25% staff cuts hit the headlines.

Frontline services, according to Chris Smith, the then head of the EA, wouldn’t be affected by cuts, even while the agency was already struggling, calling nearly a fifth of frontline staff in from other teams in order to cope with the flooding.

Chris Smith now heads the ‘independent’ Shale Gas Task Force, where he earns around £1,500 a day, funded by fracking companies.

The new head of the Agency is Sir Phillip Dilley, earning £100k for three days a week work. He used to head the engineering firm, Arup, and is still listed as a trustee. Arup was employed by the leading fracking company, Cuadrilla – whose chairman Lord Browne sat as an advisor in the Cabinet.

It’s also been recently revealed that the EA pension fund invests in the very fracking companies it is supposed to regulate. The Environment Agency has just issued Cuadrilla with a brand new permit for drilling in Lancashire.

What Zane’s tragic story tells us is that regulators are less concerned about public safety, than about avoiding public awareness of the risks posed by contaminated, unregulated landfill sites throughout the UK. How many are there? Could you be living by one?

And if the Environment Agency cannot even monitor and ensure the safely of our existing industrial and domestic waste dumps, how wise is it to encourage a fracking boom that will cause a 50% increase the landfilling of hazardous waste, creating a massive new toxic legacy for the future?

 


 

Petition:Call for a public debate into the death of 7 year old Zane‘ (38 degrees).

This article is based on one originally published by Talk Fracking, a campaign group committed to highlighting the issues surrounding fracking in the UK, holding the policy makers and industry to account and providing a forum for debate.

Also on The Ecologist:Death by landfill – cutting ‘green tape’ costs lives‘.

 

 




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Petcoke: the toxic black dust coming to a community near you Updated for 2026





When Chicago schoolteacher Nick Limbeck arrived for his first classes at the Gallistel Language Academy, a state-run school on the city’s far southeast side, he was surprised to find that his second-grade classroom was filthy.

A wet-wipe passed over the windowsills, or over his seven-year-old students’ desks, came away pitch black – and no matter how often Limbeck scrubbed the room clean, the dirt kept coming back. “You could leave it for a week, and wipe it down again and it would be completely covered in black soot”, he says.

The reason, Limbeck says, soon became obvious. Looking out from his classroom windows, over the rooftops of his students’ homes, Limbeck could see, about a mile away, what looked like a range of dark, rolling hills the same colour as the grime he was wiping off his students’ desks.

The black mounds, more than 18 metres high in places, were actually uncovered heaps of petroleum coke, or petcoke – a powdery waste product left over from refining heavy oil into lighter, more sought-after fuel grades.

Petcoke – the coal substitute that’s dirtier than coal

In recent years oil companies, hoping to wring cash from the sludgy bitumen found in Canada’s tar sands and Venezuela’s Orinoco belt, have been busily installing coking equipment in their North American refineries: about half of the 140 or so operating refineries in the US are now equipped to handle heavy oil.

That’s led to a corresponding surge in US petcoke production, which has nearly tripled since the early 1980s, reaching a record-breaking 5.28 million tonnes a month this summer.

Globally, petcoke production rose almost 7% last year alone, according to Jacobs Consultancy data, reaching a record 124 million tonnes a year, despite many refineries not running their coking machinery at full capacity.

The petcoke boom has proved lucrative for refineries and their trading partners. Petcoke looks and burns much like coal dust, and as an abundant waste product can be piled high and sold off cheaply to power industrial furnaces and coal-fired power plants.

Petcoke typically trades at about a 25% discount to coal, providing refineries with a revenue stream that makes processing heavy oil more profitable, while also helping coal-fired power plants to reduce their operating costs.

That could help to keep America’s ageing coal plants in operation longer, slowing the transition to a low-carbon economy, says Lorne Stockman, research director of Oil Change International.

To make matters worse, petcoke doesn’t burn cleanly, and pound-for-pound produces more than half again as much carbon dioxide as coal.

It’s an abundant resource – but can the planet handle it?

If all the proven tar-sands reserves beneath Alberta were to be refined, we’d be left with more than 4.5 billion tonnes of petcoke on our hands – enough to fuel 111 standard US coal-power plants until 2050, according to a recent Oil Change report. “It’s a national, continental problem”, Stockman says.

With US regulators currently excluding petcoke-related emissions from their assessments of the climate impact of heavy-oil pipelines such as Keystone XL, Stockman fears the US could be locking itself into a high-carbon trajectory for decades to come.

Efforts to rein in the use of petcoke at US power plants won’t help much, either, Stockman says, because of the growing global demand from industrial buyers in China, India, Mexico, and other countries with lax air-pollution regulations.

The US exported more than three quarters of its fuel-grade US petcoke production last year, according to Jacobs Consultancy, accounting for about 90% of the international petcoke trade. That essentially allows refineries to duck US emissions rules and outsource their carbon emissions, Stockman warns.

And while America’s environmental and health regulators scramble to keep up with the booming industry, millions of tons of black powder continue to pile up in loosely regulated storage facilities across the Midwest, and around major export hubs in California and along the Gulf Coast.

Welcome to Slag Valley, SE Chicago

Many of the petcoke dumps are located in poor, post-industrial neighbourhoods which, like Chicago’s southeast side, are no stranger to environmental problems.

The area where Chicago’s petcoke dumps stand is known to locals as ‘Slag Valley’ – a historic dumping ground for the huge steel mills that crowded around the brown waters of the Calumet River for most of the 20th century.

The mills have long gone, but the neighbourhood still has cancer rates more than 50% higher than the citywide average, and among the highest infant-mortality and lead-poisoning rates in the region.

Still, residents are making the best of their corner of the Rust Belt: baseball diamonds, play-lots and tree-lined suburban streets now jostle for room alongside the remaining factories, scrapyards and rusting bridges, and locals talk gamely about attracting wind-turbine manufacturers and other green employers to the area.

That’s what made the arrival of petcoke so upsetting, says Peggy Salazar, director of the Southeast Environmental Task Force, a coalition of neighbourhood activists. In 2012, Salazar and other Chicago activists won a big victory by using concerns over air pollution to derail plans to build a coal gasification plant on the site of one of the old steel mills.

That gave locals hope that the community was turning the corner – but within a matter of months, Salazar says, people began noticing uncovered barges and trucks dumping huge quantities of petcoke along the banks of the river.

Soon afterwards, they began noticing fine black dust wafting through their streets, leaving dark, greasy stains on their homes and even on their children’s faces. “It’s just a blight on the community”, Salazar says.

BP’s refinery waste blighting poor neighbourhoods

Chicago’s petcoke mountains come largely from BP’s colossal Whiting refinery, located a few miles outside the city, which last year finished installing new equipment tripling its coking capacity, allowing it to produce more than 5,400 tonnes of petcoke a day.

Most of the refinery’s output is sold to KCBX Terminals, a Koch Industries subsidiary owned by conservative billionaires Charles and David Koch, and stored at two sites in southeastern Chicago.

Thanks to lax environmental regulations in Illinois, and the absence of federal rules governing petcoke storage, KCBX has been allowed to store petcoke in open, uncovered mounds that dwarf the residential homes that stand just a few metres from the edge of the storage facilities.

When the wind blows, locals say, the black dust is whipped up into the air, and rains down onto the surrounding area.

Olga Bautista, a community organiser who lives about a mile from the petcoke mounds, says she and her neighbours regularly have to use high-pressure hoses to wash the black petcoke dust from the outside of their homes.

Worse, whenever Bautista opens her windows, she finds the fine black powder collecting in the corners of her bedrooms. “It’s kind of sticky – you have to keep cleaning and wiping and mopping”, she says.

Bautista says that when her children play outside, they often come in covered in black grime that’s hard to scrub off. She’s seen little league games abandoned because people mistook the plumes of dust rising off the plants for smoke, and assumed there was a fire in the neighbourhood.

Another time, a friend’s outdoor birthday party was disrupted after petcoke dust showered greasy black dust onto both the party snacks and the guests. “It’s very insulting to the community”, Bautista says. “They aren’t worried about our safety … we’re breathing this stuff, and it’s getting into our homes.”

A toxic cocktail of heavy metals and aromatic hydrocarbons

KCBX representatives say that they installed a new $10 million dust-suppression and sprinkler system after taking over the Calumet River storage facility, and that they’ve had no serious problems at the site.

Still, on one windy day last August, locals snapped photos of an enormous dust cloud rising off the company’s petcoke piles, darkening the skies over Chicago’s southeast side.

And earlier this year, the Environmental Protection Agency issued a notice of violation to the Koch terminal, after finding that air-pollution levels at EPA-mandated monitoring equipment around the facility’s perimeter had exceeded federal standards. KCBX disputes the EPA’s violation notice, which is still under adjudication.

Either way, locals say the plumes of dust and insidious grime coming from the KCBX facility raise serious health concerns. Limbeck, the school teacher, says several children in his class suffer from asthma that he believes is exacerbated by the toxic dust.

There’s evidence to support Limbeck’s concerns: studies have found petcoke to contain heavy metals such as nickel, vanadium and selenium, in addition to polycyclic aromatic hydrocarbons, which have been linked to heart disease, childhood cancers, developmental disorders, and other health problems.

A federal air-monitoring station atop George Washington High School, just a few blocks south of Limbeck’s school, routinely registers among the highest levels of heavy metals and other dangerous air pollutants in Illinois. “These are innocent children, and they shouldn’t be exposed to this just because they live in a working class neighbourhood”, Limbeck says.

KCBX: ‘no evidence of harm’

KCBX argues that petcoke is non-toxic, and says there’s no evidence of any health problems being caused by its storage facility.

It’s true that it’s hard to link specific people’s health problems back to the presence of petcoke in their community, says Brian Urbaszewski, environmental health program director at the Respiratory Health Association of Metropolitan Chicago.

Still, that doesn’t excuse exposing communities to the black dust. “Someone living in their home shouldn’t be dealing with clouds of black dust coming in every time the wind picks up”, Urbaszewski says. “No matter where you live you deserve basic health protection.”

Scores of studies have shown a causal relationship between the presence of particulate matter, like that blowing off KCBX’s petcoke piles, and increased respiratory health problems in surrounding communities, Urbaszewski adds.

“Whenever particle levels go up, you see more asthma attacks, more chronic pulmonary disease, more respiratory emergency room visits and hospitalisations. To say that fine particles don’t cause health problems is laughable.”

Regulation on its way – but mind the ‘waivers’

Municipal leaders in Chicago, at least, appear to be listening. Warnings from health workers, well-organised activism from local residents, and photos of black clouds of dust billowing over the city led Mayor Rahm Emanuel to propose a new ordinance banning new petcoke facilities, and to the Chicago Department of Public Health implementing new rules for KCBX’s existing facilities.

A third, smaller petcoke site, run by a local industrial storage company, voluntarily closed its operations this fall rather than deal with the city’s new approach to oversight.

Among the city’s new rules: a roof over the top of all petcoke storage facilities, and better-enclosed facilities for transferring petcoke to rail wagons and barges, in a bid to eliminate the ‘fugitive dust’ plaguing nearby residents.

That’s a good start, says Salazar, the Southeast Environmental Task Force campaigner. Locals would prefer an outright ban on petcoke within city limits, she says, but failing that, covered storage sites should help mitigate health concerns – if the rules are implemented as planned.

The city’s leaders are allowing companies affected by the new framework to apply for variances on a case-by-case basis, Salazar notes, and KCBX has already applied for waivers for many of the proposed rules, and for extra time in which to implement the remainder.

Even if Chicago succeeds in forcing KCBX to clean up its act, it’s hard to effectively tackle petcoke pollution through piecemeal, municipal-level efforts, says Henry Henderson, Midwest program director for the Natural Resources Defense Council, and a former environmental commissioner for the city of Chicago.

Lobbying efforts stepped up

Activists in Detroit successfully convinced city leaders to stop Koch Carbon, another Koch Industries subsidiary, from storing petcoke at an improperly permitted facility earlier this year. But in the absence of federal and state-level oversight, the companies involved simply shifted their operations to less well-regulated sites in other cities.

That shows the need for a more coherent approach, Henderson says. “The regulatory regimes are playing whack-a-mole”, he warns.

In the meantime, the companies involved in the production and sale of petcoke are pouring money into lobbying efforts and political campaigns in a bid to derail efforts to regulate the industry more strictly.

The country’s largest petcoke trader, Oxbow Carbon, is also one of the largest corporate donors to conservative Super PACs, giving nearly $4.8 million to GOP-affiliated groups during the 2012 presidential campaign.

The Florida-based company, which is owned by William Koch, the estranged brother of Charles and David Koch, also spends millions on lobbyists – a fact that helped it to kill off a legislative effort, mounted last year by Michigan and Illinois Democrats, that would have required the Obama administration to formally investigate the health risks and environmental damage associated with the petcoke industry.

What will happen to the billions of tons of future petcoke?

With state and federal regulators unwilling or unable to crack down on petcoke producers, the industry’s future could depend largely on economic factors.

The rise of the fracking industry, and the corresponding abundance of light-oil products, makes heavy oil somewhat less attractive for refineries, says Stockman, the Oil Change researcher.

The global market in petcoke might also be less stable than it seems: any new carbon pricing or air quality measures in China could sharply reduce the demand for petcoke, Stockman notes, while a post-Fukushima surge in Japanese imports might fade as the country transitions back to lower-emission fuels.

And if the global petcoke market does contract, refineries in the US would be left with far more of the black powder on their hands, and nowhere to offload it.

“It’s just going to pile up. You’re going to have to find more and more places for it to go”, Stockman says. “That could be a real worry for folks in Chicago and Detroit, because what are they going to do if they can’t find a customer for it? … These are serious questions that need to be asked.”

Whatever happens to the global petcoke industry, says Henderson, the NRDC director, one thing is for sure: its impacts will continue to be felt both on a planetary scale, through increased global warming, and on a local level in heavily polluted communities across North America.

“It’s one of those very interesting examples of how environmental issues are both global, regional and local in impact. Petcoke is an issue that’s coming to a community near you – that’s the message that should be taken from this.”

 


 

Ben Whitford is The Ecologist’s US correspondent. He can be reached at ben@theecologist.org, or on Twitter @ben_whitford.

More articles by Ben Whitford.

 




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Unlawful, ineffective, toxic: the badger cull must end – vaccination is the answer Updated for 2026





After a full day’s hearing in the Court of Appeal yesterday, we are back there today making our case to three senior judges that the Government’s failure to re-appoint its expert panel to oversee the 2014 badger cull makes the exercise unlawful.

Without such a Panel, we argue, there can be no proper independent assessment of the safety, effectiveness and humaneness of the culling operation – something that would be needed before any lawful decision could be taken to continue with further culls around the country.

Lord Justice Davis has indicated to us that judgment will be handed down without unnecessary delay, and we keenly await the outcome. And as we do so, let’s take stock of where we are, how we got there, and what the future holds.

A catastrophic policy failure

The late Edward Kennedy once said “Integrity is the lifeblood of democracy and deceit is poison in its veins.” These words resonate with me when it comes to discussing the disastrous badger cull policy which has done so much to undermine the reputation of our political system over the past few years.

Of all the controversial policies this coalition Government has implemented, the badger cull stands out for one reason, it is based largely on a web of deceit which has been spun by the Prime Minister, Owen Paterson and his replacement as DEFRA Secretary of State Liz Truss.

The badger cull was never about science or indeed effective disease control, it was a desperate attempt by David Cameron to shore up support for the Tory Party in rural communities ahead of the 2010 election, by ensuring strong support for pro badger cull Tory candidates from the National Farmers Union and Countryside Alliance.

The policy could only be delivered by a politician who was closely aligned to both these organisations and comfortable to spin a web of deceit and misinformation to MPs, media and wider public.

Caroline Spelman was not this type of politician, but Owen Paterson was perfect for the job. From his first day in office, he made it clear to his senior officials that the cull policy was to be implemented no matter what the costs or opposition from conservation and wildlife groups.

He put his civil servants to work developing a pro cull propaganda machine to paint a highly inaccurate picture of the scale and cost of the bovine TB crisis and the need to eradicate badgers to get it under control.

Blame the badgers!

To start with DEFRA did all it could to blame badgers as being the prime cause of TB in cattle. In fact the vast majority of TB infections are between cattle, which are often housed in large numbers in sheds and moved around the country (over 13 million a year) with poor biosecurity, control movements and TB testing regimes.

In reality the poor badger has been the victim of industrial pollution on a huge scale from the most intensive livestock industry in Europe.

It’s the cattle which have infected the badgers with TB. And despite claims from Owen Paterson that the transmission rate from badgers to cattle is 50% (figure based on a mathematical model), the true level of TB transmission is likely to be in the region of 5%.

We were then told by DEFRA that bovine TB is the biggest crisis facing the UK farming industry and unless we kill badgers it will end up costing the tax payer over £1 billion in the next decade.

In reality the level of compensation paid to farmers for cattle prematurely slaughtered due to TB runs to around £40 million a year, over £20 million of which was recovered by the treasury as a result of the sale of TB meat into the food chain in 2013, without labelling or traceability.

Over the last year these costs have started to decline as the number of cattle slaughtered for TB has dropped by almost 10%, as a result of tighter biosecurity, control movements and TB testing systems forced on the UK Government by the European Commission.

Spread false fears

Owen Paterson also made it a key goal to demonise badgers by spreading false fears over the level of TB within the badger population, by regularly talking in the media of super excreters exploding with disease and infecting cattle at a rapid rate.

In reality of over 11,000 badgers killed in the Randomised Badger Cull by the last Labour Government, only 1.65% fell into this category.

A further 15% had low level TB, which would not impact on the health of the badger during its short lifetime, or make it a major risk of disease spread to other badgers or cattle.

This is the key reason why DEFRA has not tested any of the badgers killed during the pilot culls for TB: they know the results would show a very low level of disease, which would not justify their plans to eradicate large numbers of this protected species from many parts of the country.

In Wales where thousands of badgers have now been vaccinated against TB during the past three years, not a single one has needed to be removed and euthanised because they were visibly sick with TB lesions, despite being in a TB hotspot area.

Attempting to undermine Wales’s successful policies

Then we come to the cost justification for badger culling over badger vaccination. In the run up to the badger culls in 2013, Owen Paterson did all he could to undermine the Welsh government badger vaccination programme on both cost and effectiveness and grounds.

He claimed that free shooting of badgers at night would be the most effective and humane way of removing large number of badgers at a much lower cost than trapping and vaccination.

However, we have now learned from Freedom of Information Requests that in the initial 6 weeks of the pilot culls in 2013, only 24% of the estimated badger population in Gloucestershire and Somerset were killed by free shooting.

The vast majority of badgers killed in both pilot culls were by government employed trap teams, with higher costs than the Welsh government vaccination programme. Which brings us to the key issue of the overall costs of the pilot culls and a national rollout programme for badger culling.

An England-wide badger cull could cost taxpayers £800 million

On 6 January 2014, Care for Wild released a report based on Freedom of Information Requests, Parliamentary Questions and leaked documents, which estimated an overall cost for the pilot culls of £7.3 million or over £4,000 per dead badger.

In the days that followed, these estimates were backed up by the BBC and the police, who confirmed their costs for the badger cull pilots, exceeded £2.5 million alone.

Any justification that was left for the disastrous badger cull was blown apart by these huge costs.

It is now widely accepted that a 4 year badger cull in Gloucester and Somerset would cost in the region of £20 million, but would only deliver around £2.5 million benefit to the tax payer in terms of reducing the spread of bovine TB.

If – as Owen Paterson boasted to the Sunday Times in 2013 – badger culling was rolled out to 40 new areas of England over the next 4 years, the overall cost could exceed £800 million.

David Cameron’s gamble to appoint Owen Paterson as Environment Secretary to deliver the badger cull blew up in his face. He had no choice but to sack him in his recent Cabinet reshuffle as he had become political poison in the party.

In replacing Paterson, the Prime Minister had the opportunity to appoint a new DEFRA Secretary of State who listens to public concerns on protecting wildlife, puts science not politics back at the heart of DEFRA policy making and finds a new way forward in tackling bovine TB, which protects both the future of our wildlife and farming industry.

However, he chose to appoint the inexperienced Liz Truss who has continued on the path of pushing ahead with the disastrous badger cull policy, in the face of huge opposition without any independent monitoring.

An increasingly toxic issue

A recent Mori Poll confirmed that opposition to badger culling was the 5th most common cause for complaint to MPs during the past 12 months, ahead of issues such as education, childcare and taxes.

Over the past 12 months tens of thousands of people have marched against the badger culls in 25 towns and cities across the country, in what has become the largest rolling wildlife protection campaign in Europe.

Over 300,000 people signed a petition against the policy, two debates have taken place in Parliament and the lack of independent monitoring for the cull has been subject to a Judicial Review challenge by the Badger Trust, which went before the Court of Appeal on the 9 October.

The Labour Party can see where public opinion is going on this issue and have made a clear commitment to stop the pilot badger culls and any national rollout should it form a government in May 2015.

The Liberal Democrats have also made it clear they no longer want to be associated with a national badger culling policy, unless it can be proven to effective on scientific, humaneness and safety grounds.

At the Conservative Party conference, a mood of rebellion

Killing badgers has become so sensitive within the Tory Party that David Cameron advised Liz Truss to avoid mentioning the badger cull policy at all in her first speech to the Tory Conference in Birmingham.

But delegates entering the conference hall still had to run the gauntlet of anti- badger cull protesters at the start of the conference.

On the fringe Tory MP’s such as Anne Main were calling on David Cameron to accept that badger culling has no scientific, economic or animal welfare justification and will make no significant contribution to lowering bovine TB.

Looking to the next election, many Tory MPs admit to being increasingly concerned by how badly badger culling goes down with their constituents.

Its time David Cameron realised that British people are uniquely caring and compassionate towards wildlife and will not allow a protected species such as badgers be destroyed due to backroom deals with landowning and farming interests.

He should now dust off his plans for the Big Society which still has merit and make badger vaccination a key Big Society Project.

Thousands of people are willing to volunteer to be trained as lay vaccinators and work with farmers and landowners to vaccinate badgers across the country to reduce the spread of the disease in both badgers and cattle.

This will not only prove a more popular policy with voters, but it will the right thing to do for farmers, tax payers and the future of our precious wildlife.

 


 

Dominic Dyer is CEO of the Badger Trust & Policy Advisor Care for the Wild.

 

 




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Toxic glyphosate herbicides fly under the EU’s regulatory radar Updated for 2026





Earlier this year, Germany declared the active substance glyphosate, a component of many herbicides, as ‘safe’ in its draft re-assessment report.

Germany’s words have weight as it is acting as the Rapporteur Member State for this active substance. But an investigation into the report has exposed another story – it is far from ‘safe’.

It is well known that glyphosate is one of the most tested active substances, and is seen as a simple and cost-effective way of controlling weeds in a variety of situatuions.

Glyphosate is the active substance in the most widely used herbicide worldwide called RoundUp®, sales were valued at US$ 5.46 bn in 2012 and are expected to reach US$ 8.79bn [i] by 2019; it is big business.

However, the active substance alone is not sprayed by farmers, councils or ‘you’ in gardens and driveways. Because to work efficiently, it needs additional chemicals called ‘surfactants’.

A shocking omission

The widespread use of glyphosate greatly increases the chances that it will be ingested by humans and farm animals. It is now used to desiccate cereal, pulse and oilseed crops prior to harvest – where it produces residues in some of our staple foods [ii]

It is also used extensively on GM crops engineered to be ‘Roundup Ready’. This does not (yet) take place in the EU, however such crops dominatye in North and South America and account much of the soy and maize imported to the EU for animal feed.

But whilst active substances are tested and regulated on a European level, pesticide formulations, such as Roundup®, are not.

Because of an initial suspicion [iii] that the surfactant called POEA (polyethoxylated tallow amine) might be toxic for humans, animals and the environment, the German authorities have taken their own protective action.

In the meantime, the EU has failed to take any action at all. “Given the alarming results of independent studies [iv], this is simply shocking”, says Martin Häusling, Member of the Greens / European Free Alliance Group.

“Even though I have been criticising The European Food and Safety Authority for many years because of its conflict of interest with the agricultural industry, it would be wrong to blame them alone. The national authorities play a big role in this process.”

But in Germany, things are different

Since the late 1990’s, the German Federal Institute for Health Protection of Consumers and Veterinary Medicine (BgVV) has called upon Member States in the European Union not to accept glyphosate products containing the surfactant POEA based on the high cytotoxicity [v] of the compounds.

However Monsanto and Cheminova – who at the time were jointly submitting glyphosate for re-approval – quickly disputed all the evidence that was presented [vi]. A 1999 report stated:

“Accordingly, in the formulations for which toxicological data has been submitted as part of the joint dossier of Monsanto and Cheminova, surfactants of this type are not contained any more.” [vii].

But the Agro-Chemical companies continued to manufacture and sell products containing POEA. A spokesperson of Monsanto praised surfactants like POEA because “the amount of active ingredient needed per treated area can be reduced.”

He also stressed that “the development of new products requires several years of research and development and review by competent public authorities and Europe has some of the highest standards in the world.”

These “high standards” seemingly have started to fail, because since 1999 there was scientific consensus that the single active substance approach to risk assessment was flawed.

Finally in 2005 the EU revised the Residue Directive and changed it into Regulation (396/2005) and made Cumulative Risk Assessment mandatory “as soon as methods to assess such effects are available [art 14.b].” [viii]

The next step would be a framework developed by European Food and Safety Authority. But very little has happened since then.

The ‘single active substance’ approach to risk assessment is flawed

By 2008, more evidence on this specific surfactant was mounting. A paper by J. M Brausch et al. in 2007 [ix] “found all POEA formulations to be extremely toxic”.

This prompted the German Environmental Agency (UBA) to request more study data specifically about chronic toxicity. What followed was a “very intense professional dispute” [x] between the UBA and agro-chemical companies, as a source from UBA stated.

The result: The companies did not submit any data, but agreed to replace POEA in the glyphosate formulations – however this resulted in the UBA still not having the data to prove chronic toxicity.

Two years later the German Federal Institute for Risk Assessment (BfR) carried out its own toxicological evaluation of the glyphosate-POEA formulation, after a German forestry worker developed chest pain with rapidly increasing severe respiratory distress and fever up to approximately 38°C.

His pathology revealed “toxic inflammation of the lungs” that was significantly different from bacterial infection [xi].

This resulted in the German authorities prohibiting the usage of certain glyphosate formulations with a high content of POEA for the production of animal feeds in order to avoid a risk of toxins being passed through the food chain [xii]. But how are these formulations tested?

Each time glyphosate is risk assessed in the EU it is done by the presentation of one ‘representative formulation’ from the vast quantity available on the market [xiii].

This time, the representative formulation that has been presented by the agro-chemical industries European Glyphosate Task Force (GTF), does not contain the surfactant POEA [xiv]. Only by coincidence? Or was it the least toxic formulation that the GTF could find?

Germany acts – but key data remain under lock and key

This year the German Federal Institute for Risk Assessment and other German safety authorities published their draft re-assessment report (RAR) on glyphosate and the representative formulation, in the process re-assessing hundreds of studies and public domain literature.

Then the UBA did something exceptional. They included a chapter ‘Further toxicological data for other potential co-formulants’ [xv] about the surfactant POEA to make sure all Member States are informed that nearly all toxicological endpoints investigated are clearly more toxic than glyphosate alone.

By the end of this year all formulations containing POEA will have been removed from the German market. So what happened in Germany for them to move from ‘restricted’ to formally ‘banned’?

Answer: we don’t know. All requests for a list of which companies had to replace POEA, exactly when, and which surfactants are now used instead has been declined by German authorities on the basis that the information constitutes ‘Trade Secrets’.

“The protection of public health must have the highest priority – and not the interests of companies or authorities”, commented Martin Häusling. “The public must have the right to check that. The European Precautionary Principle is even as important as the Freedom of Information.”

What about the rest of us?

There are only 91 glyphosate products registered in Germany [xvi] – of which only one remaining product contains POEA, which will be removed by the end of the year.

But there are 424 glyphosate products registered in the UK [xvii] and it is not known exactly how many of these products contain POEA). Rosate 36 is one of UK’s most widely used herbicides in agricultural, horticultural, industrial, amenity and forestry herbicides in use that contain the surfactant POEA.

The discussion about the surfactant POEA shows that the classic method of testing and regulating individual active substances for toxicity does not work. Or as a source from the BfR said:

“We should have a deeper look at co-formulants in the future. The formulation of glyphosate and POEA is an important lesson in that there might be specific surfactants, which can increase the toxicity of the active substance. We don’t assume this is common, but it is an increasingly important factor within the field of toxicity which we are aware of.”

But this story is not about just one surfactant. What is now known is that surfactants can be synergistic with glyphosate. When chemicals are synergistic, the combined effect of two chemicals is much greater than the sum of the effects of each agent given alone.

Even Monsanto say in one of their own patents [xviii]:

“By exploiting a newly discovered synergistic interaction between two classes of surfactant applied together with the glyphosate, surprisingly enhanced herbicidal effectiveness is obtained by this method.”

But the formulations remain secret!

Due to ‘data confidentiality’ or putting it bluntly ‘data secrets’, it is not known what these surfactants are, how much more toxic the formulations might be, or even how many different potentially toxic products there are.

The European Court of Justice ruled [xix] in 2013 that the European Commission should disclose industry safety and compositional studies on the pesticide glyphosate, which are currently hidden from the public under data secrets.

The Commission has appealed against the ruling [xx], but Croplife America, The National Association of Manufacturers of the United States and The American Chemistry Council have submitted an application to intervene [xxi].

It could be viewed as significant that the EU is protecting industry, by not revealing the content of emissions of pesticide formulations into the environment.

Pesticide formulations – as the German Safety authorities explained – are regulated on a national level. But the scientific studies that are presented for approval are carried out by the manufacturers themselves.

Only the authorities have access to these studies and have not been verified by independent scientists.

No EU framework for assessing formulations

“Any regulatory system that treats chemicals in isolation is necessarily flawed”, commented Zac Goldsmith, the Conservative MP for Richmond Park & North Kingston.

“Chemicals interact with others when they’re put out into the environment, and they interact when mixed with others in different chemical formulas.”

“A proper, health-oriented regulatory system must look at the synergistic effects of chemical mixtures, and on that basis what we have at present falls far short.”

The bad news is there is still no legal framework at EU level to assess formulations on a regulatory basis. The EU’s own documentation admits:

Current EU legislation does not provide for a comprehensive and integrated assessment of cumulative effects of different chemicals taking into account different routes of exposure“. [xxii]

It is known that UBA reported POEA in 2012 as an “unacceptable co-formulant” for a so called ‘negative list’ [xxiii] to the European Commission. Again nothing happened. A spokesperson for the European Commission has only revealed that “The European Commission is currently preparing a request to the EFSA about POEA.”

It has taken 15 years from initial suspicion that a glyphosate formulation was toxic, to approach a situation that it could be banned within the EU, and not just one Member State.

Tougher pesticide regulation of surfactants and formulations must be the next step.

 


 

Pete Farrer and Marianne Falck are investigative journalists and  film producers, collaborating on the full length investigative documentary Hungry for Pesticides, currently in production.

Pete is also a farmer – an experience which led him to investigate the entire topic of pesticides, herbicides and their health impacts.

This article is a part of an investigation for the film. Please support the investigation and the film.

References

[i] According to a new market report published by Transparency Market Research, ‘Glyphosate Market for Genetically Modified and Conventional Crops – Global Industry Analysis, Size, Share, Growth, Trends and Forecast 2013 – 2019‘.

[ii]http://www.pesticides.gov.uk/Resources/CRD/PRiF/Documents/Results%20and%20Reports/2013/BNA%20Q4%202013%20FINAL.pdf

[iii] http://www.scribd.com/doc/238089929/Glyphosate-RAR-08-Volume-3CA-CP-B-6-2013-12-18-San p799 – German forestry worker – Pers comm (UBA)

[iv] Summary of the relevant literature on surface active substances in glyphosate-based formulations RAR – http://www.scribd.com/doc/238090225/Glyphosate-RAR-13-Volume-3CA-CP-B-9-Appendix-2013-12-18

[v] http://www.moleculardevices.com/applications/areas-research/cytotoxicity

[vi] http://www.scribd.com/doc/238082880/FULLREPORT-GLYPHOSAT-05 p20-21

[vii] http://www.scribd.com/doc/238082880/FULLREPORT-GLYPHOSAT-05 p20

[viii] http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2005:070:0001:0016:en:PDF

[ix] Brausch, J. M., & Smith, P. N. 2007. Toxicity of Three Polyethoxylated Tallowamine Surfactant Formulations to Laboratory and Field Collected Fairy Shrimp, Thamnocephalus platyurus. Arch Environ Contam Toxicol 52(2), 217-221

[x] Pers comm. (UBA)

[xi] http://www.scribd.com/doc/238089929/Glyphosate-RAR-08-Volume-3CA-CP-B-6-2013-12-18-San p799 – German forestry worker – Pers comm (UBA)

[xii] Pers comm. (BVL)

[xiii] https://secure.pesticides.gov.uk/pestreg/prodsearch.asp

[xiv] http://www.scribd.com/doc/238082730/Glyphosate-RAR-01-Volume-1-2013-12-18-San p98

[xv] http://www.scribd.com/doc/238089929/Glyphosate-RAR-08-Volume-3CA-CP-B-6-2013-12-18-San p835 B.6.13.3 Further toxicological data for other potential co-formulants

[xvi] https://portal.bvl.bund.de/psm/jsp/

[xvii] https://secure.pesticides.gov.uk/pestreg/prodsearch.asp

[xviii] http://www.google.com/patents/WO2001017358A1?cl=en

[xix] http://curia.europa.eu/juris/document/document.jsf?text=&docid=142701&pageIndex=0&doclang=en&mode=lst&dir=&occ=first&part=1&cid=59034

[xx] http://www.ashurst.com/publication-item.aspx?id_Content=9722

[xxi] http://www.nam.org/~/media/18A3D55120154CD790089B40F1611C32/European_Commn_v_Stichting_Greenpeace_intervention.pdf

[xxii] http://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:52012DC0252&from=EN

[xxiii] [REG] 1107/2009 – Article 27: Co-formulants – http://www.euissuetracker.com/en/focus/Pages/Plant-Protection-Products-Regulation.aspx

 




384076

Toxic glyphosate herbicides fly under the EU’s regulatory radar Updated for 2026





Earlier this year, Germany declared the active substance glyphosate, a component of many herbicides, as ‘safe’ in its draft re-assessment report.

Germany’s words have weight as it is acting as the Rapporteur Member State for this active substance. But an investigation into the report has exposed another story – it is far from ‘safe’.

It is well known that glyphosate is one of the most tested active substances, and is seen as a simple and cost-effective way of controlling weeds in a variety of situatuions.

Glyphosate is the active substance in the most widely used herbicide worldwide called RoundUp®, sales were valued at US$ 5.46 bn in 2012 and are expected to reach US$ 8.79bn [i] by 2019; it is big business.

However, the active substance alone is not sprayed by farmers, councils or ‘you’ in gardens and driveways. Because to work efficiently, it needs additional chemicals called ‘surfactants’.

A shocking omission

The widespread use of glyphosate greatly increases the chances that it will be ingested by humans and farm animals. It is now used to desiccate cereal, pulse and oilseed crops prior to harvest – where it produces residues in some of our staple foods [ii]

It is also used extensively on GM crops engineered to be ‘Roundup Ready’. This does not (yet) take place in the EU, however such crops dominatye in North and South America and account much of the soy and maize imported to the EU for animal feed.

But whilst active substances are tested and regulated on a European level, pesticide formulations, such as Roundup®, are not.

Because of an initial suspicion [iii] that the surfactant called POEA (polyethoxylated tallow amine) might be toxic for humans, animals and the environment, the German authorities have taken their own protective action.

In the meantime, the EU has failed to take any action at all. “Given the alarming results of independent studies [iv], this is simply shocking”, says Martin Häusling, Member of the Greens / European Free Alliance Group.

“Even though I have been criticising The European Food and Safety Authority for many years because of its conflict of interest with the agricultural industry, it would be wrong to blame them alone. The national authorities play a big role in this process.”

But in Germany, things are different

Since the late 1990’s, the German Federal Institute for Health Protection of Consumers and Veterinary Medicine (BgVV) has called upon Member States in the European Union not to accept glyphosate products containing the surfactant POEA based on the high cytotoxicity [v] of the compounds.

However Monsanto and Cheminova – who at the time were jointly submitting glyphosate for re-approval – quickly disputed all the evidence that was presented [vi]. A 1999 report stated:

“Accordingly, in the formulations for which toxicological data has been submitted as part of the joint dossier of Monsanto and Cheminova, surfactants of this type are not contained any more.” [vii].

But the Agro-Chemical companies continued to manufacture and sell products containing POEA. A spokesperson of Monsanto praised surfactants like POEA because “the amount of active ingredient needed per treated area can be reduced.”

He also stressed that “the development of new products requires several years of research and development and review by competent public authorities and Europe has some of the highest standards in the world.”

These “high standards” seemingly have started to fail, because since 1999 there was scientific consensus that the single active substance approach to risk assessment was flawed.

Finally in 2005 the EU revised the Residue Directive and changed it into Regulation (396/2005) and made Cumulative Risk Assessment mandatory “as soon as methods to assess such effects are available [art 14.b].” [viii]

The next step would be a framework developed by European Food and Safety Authority. But very little has happened since then.

The ‘single active substance’ approach to risk assessment is flawed

By 2008, more evidence on this specific surfactant was mounting. A paper by J. M Brausch et al. in 2007 [ix] “found all POEA formulations to be extremely toxic”.

This prompted the German Environmental Agency (UBA) to request more study data specifically about chronic toxicity. What followed was a “very intense professional dispute” [x] between the UBA and agro-chemical companies, as a source from UBA stated.

The result: The companies did not submit any data, but agreed to replace POEA in the glyphosate formulations – however this resulted in the UBA still not having the data to prove chronic toxicity.

Two years later the German Federal Institute for Risk Assessment (BfR) carried out its own toxicological evaluation of the glyphosate-POEA formulation, after a German forestry worker developed chest pain with rapidly increasing severe respiratory distress and fever up to approximately 38°C.

His pathology revealed “toxic inflammation of the lungs” that was significantly different from bacterial infection [xi].

This resulted in the German authorities prohibiting the usage of certain glyphosate formulations with a high content of POEA for the production of animal feeds in order to avoid a risk of toxins being passed through the food chain [xii]. But how are these formulations tested?

Each time glyphosate is risk assessed in the EU it is done by the presentation of one ‘representative formulation’ from the vast quantity available on the market [xiii].

This time, the representative formulation that has been presented by the agro-chemical industries European Glyphosate Task Force (GTF), does not contain the surfactant POEA [xiv]. Only by coincidence? Or was it the least toxic formulation that the GTF could find?

Germany acts – but key data remain under lock and key

This year the German Federal Institute for Risk Assessment and other German safety authorities published their draft re-assessment report (RAR) on glyphosate and the representative formulation, in the process re-assessing hundreds of studies and public domain literature.

Then the UBA did something exceptional. They included a chapter ‘Further toxicological data for other potential co-formulants’ [xv] about the surfactant POEA to make sure all Member States are informed that nearly all toxicological endpoints investigated are clearly more toxic than glyphosate alone.

By the end of this year all formulations containing POEA will have been removed from the German market. So what happened in Germany for them to move from ‘restricted’ to formally ‘banned’?

Answer: we don’t know. All requests for a list of which companies had to replace POEA, exactly when, and which surfactants are now used instead has been declined by German authorities on the basis that the information constitutes ‘Trade Secrets’.

“The protection of public health must have the highest priority – and not the interests of companies or authorities”, commented Martin Häusling. “The public must have the right to check that. The European Precautionary Principle is even as important as the Freedom of Information.”

What about the rest of us?

There are only 91 glyphosate products registered in Germany [xvi] – of which only one remaining product contains POEA, which will be removed by the end of the year.

But there are 424 glyphosate products registered in the UK [xvii] and it is not known exactly how many of these products contain POEA). Rosate 36 is one of UK’s most widely used herbicides in agricultural, horticultural, industrial, amenity and forestry herbicides in use that contain the surfactant POEA.

The discussion about the surfactant POEA shows that the classic method of testing and regulating individual active substances for toxicity does not work. Or as a source from the BfR said:

“We should have a deeper look at co-formulants in the future. The formulation of glyphosate and POEA is an important lesson in that there might be specific surfactants, which can increase the toxicity of the active substance. We don’t assume this is common, but it is an increasingly important factor within the field of toxicity which we are aware of.”

But this story is not about just one surfactant. What is now known is that surfactants can be synergistic with glyphosate. When chemicals are synergistic, the combined effect of two chemicals is much greater than the sum of the effects of each agent given alone.

Even Monsanto say in one of their own patents [xviii]:

“By exploiting a newly discovered synergistic interaction between two classes of surfactant applied together with the glyphosate, surprisingly enhanced herbicidal effectiveness is obtained by this method.”

But the formulations remain secret!

Due to ‘data confidentiality’ or putting it bluntly ‘data secrets’, it is not known what these surfactants are, how much more toxic the formulations might be, or even how many different potentially toxic products there are.

The European Court of Justice ruled [xix] in 2013 that the European Commission should disclose industry safety and compositional studies on the pesticide glyphosate, which are currently hidden from the public under data secrets.

The Commission has appealed against the ruling [xx], but Croplife America, The National Association of Manufacturers of the United States and The American Chemistry Council have submitted an application to intervene [xxi].

It could be viewed as significant that the EU is protecting industry, by not revealing the content of emissions of pesticide formulations into the environment.

Pesticide formulations – as the German Safety authorities explained – are regulated on a national level. But the scientific studies that are presented for approval are carried out by the manufacturers themselves.

Only the authorities have access to these studies and have not been verified by independent scientists.

No EU framework for assessing formulations

“Any regulatory system that treats chemicals in isolation is necessarily flawed”, commented Zac Goldsmith, the Conservative MP for Richmond Park & North Kingston.

“Chemicals interact with others when they’re put out into the environment, and they interact when mixed with others in different chemical formulas.”

“A proper, health-oriented regulatory system must look at the synergistic effects of chemical mixtures, and on that basis what we have at present falls far short.”

The bad news is there is still no legal framework at EU level to assess formulations on a regulatory basis. The EU’s own documentation admits:

Current EU legislation does not provide for a comprehensive and integrated assessment of cumulative effects of different chemicals taking into account different routes of exposure“. [xxii]

It is known that UBA reported POEA in 2012 as an “unacceptable co-formulant” for a so called ‘negative list’ [xxiii] to the European Commission. Again nothing happened. A spokesperson for the European Commission has only revealed that “The European Commission is currently preparing a request to the EFSA about POEA.”

It has taken 15 years from initial suspicion that a glyphosate formulation was toxic, to approach a situation that it could be banned within the EU, and not just one Member State.

Tougher pesticide regulation of surfactants and formulations must be the next step.

 


 

Pete Farrer and Marianne Falck are investigative journalists and  film producers, collaborating on the full length investigative documentary Hungry for Pesticides, currently in production.

Pete is also a farmer – an experience which led him to investigate the entire topic of pesticides, herbicides and their health impacts.

This article is a part of an investigation for the film. Please support the investigation and the film.

References

[i] According to a new market report published by Transparency Market Research, ‘Glyphosate Market for Genetically Modified and Conventional Crops – Global Industry Analysis, Size, Share, Growth, Trends and Forecast 2013 – 2019‘.

[ii]http://www.pesticides.gov.uk/Resources/CRD/PRiF/Documents/Results%20and%20Reports/2013/BNA%20Q4%202013%20FINAL.pdf

[iii] http://www.scribd.com/doc/238089929/Glyphosate-RAR-08-Volume-3CA-CP-B-6-2013-12-18-San p799 – German forestry worker – Pers comm (UBA)

[iv] Summary of the relevant literature on surface active substances in glyphosate-based formulations RAR – http://www.scribd.com/doc/238090225/Glyphosate-RAR-13-Volume-3CA-CP-B-9-Appendix-2013-12-18

[v] http://www.moleculardevices.com/applications/areas-research/cytotoxicity

[vi] http://www.scribd.com/doc/238082880/FULLREPORT-GLYPHOSAT-05 p20-21

[vii] http://www.scribd.com/doc/238082880/FULLREPORT-GLYPHOSAT-05 p20

[viii] http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2005:070:0001:0016:en:PDF

[ix] Brausch, J. M., & Smith, P. N. 2007. Toxicity of Three Polyethoxylated Tallowamine Surfactant Formulations to Laboratory and Field Collected Fairy Shrimp, Thamnocephalus platyurus. Arch Environ Contam Toxicol 52(2), 217-221

[x] Pers comm. (UBA)

[xi] http://www.scribd.com/doc/238089929/Glyphosate-RAR-08-Volume-3CA-CP-B-6-2013-12-18-San p799 – German forestry worker – Pers comm (UBA)

[xii] Pers comm. (BVL)

[xiii] https://secure.pesticides.gov.uk/pestreg/prodsearch.asp

[xiv] http://www.scribd.com/doc/238082730/Glyphosate-RAR-01-Volume-1-2013-12-18-San p98

[xv] http://www.scribd.com/doc/238089929/Glyphosate-RAR-08-Volume-3CA-CP-B-6-2013-12-18-San p835 B.6.13.3 Further toxicological data for other potential co-formulants

[xvi] https://portal.bvl.bund.de/psm/jsp/

[xvii] https://secure.pesticides.gov.uk/pestreg/prodsearch.asp

[xviii] http://www.google.com/patents/WO2001017358A1?cl=en

[xix] http://curia.europa.eu/juris/document/document.jsf?text=&docid=142701&pageIndex=0&doclang=en&mode=lst&dir=&occ=first&part=1&cid=59034

[xx] http://www.ashurst.com/publication-item.aspx?id_Content=9722

[xxi] http://www.nam.org/~/media/18A3D55120154CD790089B40F1611C32/European_Commn_v_Stichting_Greenpeace_intervention.pdf

[xxii] http://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:52012DC0252&from=EN

[xxiii] [REG] 1107/2009 – Article 27: Co-formulants – http://www.euissuetracker.com/en/focus/Pages/Plant-Protection-Products-Regulation.aspx

 




384076

Toxic glyphosate herbicides fly under the EU’s regulatory radar Updated for 2026





Earlier this year, Germany declared the active substance glyphosate, a component of many herbicides, as ‘safe’ in its draft re-assessment report.

Germany’s words have weight as it is acting as the Rapporteur Member State for this active substance. But an investigation into the report has exposed another story – it is far from ‘safe’.

It is well known that glyphosate is one of the most tested active substances, and is seen as a simple and cost-effective way of controlling weeds in a variety of situatuions.

Glyphosate is the active substance in the most widely used herbicide worldwide called RoundUp®, sales were valued at US$ 5.46 bn in 2012 and are expected to reach US$ 8.79bn [i] by 2019; it is big business.

However, the active substance alone is not sprayed by farmers, councils or ‘you’ in gardens and driveways. Because to work efficiently, it needs additional chemicals called ‘surfactants’.

A shocking omission

The widespread use of glyphosate greatly increases the chances that it will be ingested by humans and farm animals. It is now used to desiccate cereal, pulse and oilseed crops prior to harvest – where it produces residues in some of our staple foods [ii]

It is also used extensively on GM crops engineered to be ‘Roundup Ready’. This does not (yet) take place in the EU, however such crops dominatye in North and South America and account much of the soy and maize imported to the EU for animal feed.

But whilst active substances are tested and regulated on a European level, pesticide formulations, such as Roundup®, are not.

Because of an initial suspicion [iii] that the surfactant called POEA (polyethoxylated tallow amine) might be toxic for humans, animals and the environment, the German authorities have taken their own protective action.

In the meantime, the EU has failed to take any action at all. “Given the alarming results of independent studies [iv], this is simply shocking”, says Martin Häusling, Member of the Greens / European Free Alliance Group.

“Even though I have been criticising The European Food and Safety Authority for many years because of its conflict of interest with the agricultural industry, it would be wrong to blame them alone. The national authorities play a big role in this process.”

But in Germany, things are different

Since the late 1990’s, the German Federal Institute for Health Protection of Consumers and Veterinary Medicine (BgVV) has called upon Member States in the European Union not to accept glyphosate products containing the surfactant POEA based on the high cytotoxicity [v] of the compounds.

However Monsanto and Cheminova – who at the time were jointly submitting glyphosate for re-approval – quickly disputed all the evidence that was presented [vi]. A 1999 report stated:

“Accordingly, in the formulations for which toxicological data has been submitted as part of the joint dossier of Monsanto and Cheminova, surfactants of this type are not contained any more.” [vii].

But the Agro-Chemical companies continued to manufacture and sell products containing POEA. A spokesperson of Monsanto praised surfactants like POEA because “the amount of active ingredient needed per treated area can be reduced.”

He also stressed that “the development of new products requires several years of research and development and review by competent public authorities and Europe has some of the highest standards in the world.”

These “high standards” seemingly have started to fail, because since 1999 there was scientific consensus that the single active substance approach to risk assessment was flawed.

Finally in 2005 the EU revised the Residue Directive and changed it into Regulation (396/2005) and made Cumulative Risk Assessment mandatory “as soon as methods to assess such effects are available [art 14.b].” [viii]

The next step would be a framework developed by European Food and Safety Authority. But very little has happened since then.

The ‘single active substance’ approach to risk assessment is flawed

By 2008, more evidence on this specific surfactant was mounting. A paper by J. M Brausch et al. in 2007 [ix] “found all POEA formulations to be extremely toxic”.

This prompted the German Environmental Agency (UBA) to request more study data specifically about chronic toxicity. What followed was a “very intense professional dispute” [x] between the UBA and agro-chemical companies, as a source from UBA stated.

The result: The companies did not submit any data, but agreed to replace POEA in the glyphosate formulations – however this resulted in the UBA still not having the data to prove chronic toxicity.

Two years later the German Federal Institute for Risk Assessment (BfR) carried out its own toxicological evaluation of the glyphosate-POEA formulation, after a German forestry worker developed chest pain with rapidly increasing severe respiratory distress and fever up to approximately 38°C.

His pathology revealed “toxic inflammation of the lungs” that was significantly different from bacterial infection [xi].

This resulted in the German authorities prohibiting the usage of certain glyphosate formulations with a high content of POEA for the production of animal feeds in order to avoid a risk of toxins being passed through the food chain [xii]. But how are these formulations tested?

Each time glyphosate is risk assessed in the EU it is done by the presentation of one ‘representative formulation’ from the vast quantity available on the market [xiii].

This time, the representative formulation that has been presented by the agro-chemical industries European Glyphosate Task Force (GTF), does not contain the surfactant POEA [xiv]. Only by coincidence? Or was it the least toxic formulation that the GTF could find?

Germany acts – but key data remain under lock and key

This year the German Federal Institute for Risk Assessment and other German safety authorities published their draft re-assessment report (RAR) on glyphosate and the representative formulation, in the process re-assessing hundreds of studies and public domain literature.

Then the UBA did something exceptional. They included a chapter ‘Further toxicological data for other potential co-formulants’ [xv] about the surfactant POEA to make sure all Member States are informed that nearly all toxicological endpoints investigated are clearly more toxic than glyphosate alone.

By the end of this year all formulations containing POEA will have been removed from the German market. So what happened in Germany for them to move from ‘restricted’ to formally ‘banned’?

Answer: we don’t know. All requests for a list of which companies had to replace POEA, exactly when, and which surfactants are now used instead has been declined by German authorities on the basis that the information constitutes ‘Trade Secrets’.

“The protection of public health must have the highest priority – and not the interests of companies or authorities”, commented Martin Häusling. “The public must have the right to check that. The European Precautionary Principle is even as important as the Freedom of Information.”

What about the rest of us?

There are only 91 glyphosate products registered in Germany [xvi] – of which only one remaining product contains POEA, which will be removed by the end of the year.

But there are 424 glyphosate products registered in the UK [xvii] and it is not known exactly how many of these products contain POEA). Rosate 36 is one of UK’s most widely used herbicides in agricultural, horticultural, industrial, amenity and forestry herbicides in use that contain the surfactant POEA.

The discussion about the surfactant POEA shows that the classic method of testing and regulating individual active substances for toxicity does not work. Or as a source from the BfR said:

“We should have a deeper look at co-formulants in the future. The formulation of glyphosate and POEA is an important lesson in that there might be specific surfactants, which can increase the toxicity of the active substance. We don’t assume this is common, but it is an increasingly important factor within the field of toxicity which we are aware of.”

But this story is not about just one surfactant. What is now known is that surfactants can be synergistic with glyphosate. When chemicals are synergistic, the combined effect of two chemicals is much greater than the sum of the effects of each agent given alone.

Even Monsanto say in one of their own patents [xviii]:

“By exploiting a newly discovered synergistic interaction between two classes of surfactant applied together with the glyphosate, surprisingly enhanced herbicidal effectiveness is obtained by this method.”

But the formulations remain secret!

Due to ‘data confidentiality’ or putting it bluntly ‘data secrets’, it is not known what these surfactants are, how much more toxic the formulations might be, or even how many different potentially toxic products there are.

The European Court of Justice ruled [xix] in 2013 that the European Commission should disclose industry safety and compositional studies on the pesticide glyphosate, which are currently hidden from the public under data secrets.

The Commission has appealed against the ruling [xx], but Croplife America, The National Association of Manufacturers of the United States and The American Chemistry Council have submitted an application to intervene [xxi].

It could be viewed as significant that the EU is protecting industry, by not revealing the content of emissions of pesticide formulations into the environment.

Pesticide formulations – as the German Safety authorities explained – are regulated on a national level. But the scientific studies that are presented for approval are carried out by the manufacturers themselves.

Only the authorities have access to these studies and have not been verified by independent scientists.

No EU framework for assessing formulations

“Any regulatory system that treats chemicals in isolation is necessarily flawed”, commented Zac Goldsmith, the Conservative MP for Richmond Park & North Kingston.

“Chemicals interact with others when they’re put out into the environment, and they interact when mixed with others in different chemical formulas.”

“A proper, health-oriented regulatory system must look at the synergistic effects of chemical mixtures, and on that basis what we have at present falls far short.”

The bad news is there is still no legal framework at EU level to assess formulations on a regulatory basis. The EU’s own documentation admits:

Current EU legislation does not provide for a comprehensive and integrated assessment of cumulative effects of different chemicals taking into account different routes of exposure“. [xxii]

It is known that UBA reported POEA in 2012 as an “unacceptable co-formulant” for a so called ‘negative list’ [xxiii] to the European Commission. Again nothing happened. A spokesperson for the European Commission has only revealed that “The European Commission is currently preparing a request to the EFSA about POEA.”

It has taken 15 years from initial suspicion that a glyphosate formulation was toxic, to approach a situation that it could be banned within the EU, and not just one Member State.

Tougher pesticide regulation of surfactants and formulations must be the next step.

 


 

Pete Farrer and Marianne Falck are investigative journalists and  film producers, collaborating on the full length investigative documentary Hungry for Pesticides, currently in production.

Pete is also a farmer – an experience which led him to investigate the entire topic of pesticides, herbicides and their health impacts.

This article is a part of an investigation for the film. Please support the investigation and the film.

References

[i] According to a new market report published by Transparency Market Research, ‘Glyphosate Market for Genetically Modified and Conventional Crops – Global Industry Analysis, Size, Share, Growth, Trends and Forecast 2013 – 2019‘.

[ii]http://www.pesticides.gov.uk/Resources/CRD/PRiF/Documents/Results%20and%20Reports/2013/BNA%20Q4%202013%20FINAL.pdf

[iii] http://www.scribd.com/doc/238089929/Glyphosate-RAR-08-Volume-3CA-CP-B-6-2013-12-18-San p799 – German forestry worker – Pers comm (UBA)

[iv] Summary of the relevant literature on surface active substances in glyphosate-based formulations RAR – http://www.scribd.com/doc/238090225/Glyphosate-RAR-13-Volume-3CA-CP-B-9-Appendix-2013-12-18

[v] http://www.moleculardevices.com/applications/areas-research/cytotoxicity

[vi] http://www.scribd.com/doc/238082880/FULLREPORT-GLYPHOSAT-05 p20-21

[vii] http://www.scribd.com/doc/238082880/FULLREPORT-GLYPHOSAT-05 p20

[viii] http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2005:070:0001:0016:en:PDF

[ix] Brausch, J. M., & Smith, P. N. 2007. Toxicity of Three Polyethoxylated Tallowamine Surfactant Formulations to Laboratory and Field Collected Fairy Shrimp, Thamnocephalus platyurus. Arch Environ Contam Toxicol 52(2), 217-221

[x] Pers comm. (UBA)

[xi] http://www.scribd.com/doc/238089929/Glyphosate-RAR-08-Volume-3CA-CP-B-6-2013-12-18-San p799 – German forestry worker – Pers comm (UBA)

[xii] Pers comm. (BVL)

[xiii] https://secure.pesticides.gov.uk/pestreg/prodsearch.asp

[xiv] http://www.scribd.com/doc/238082730/Glyphosate-RAR-01-Volume-1-2013-12-18-San p98

[xv] http://www.scribd.com/doc/238089929/Glyphosate-RAR-08-Volume-3CA-CP-B-6-2013-12-18-San p835 B.6.13.3 Further toxicological data for other potential co-formulants

[xvi] https://portal.bvl.bund.de/psm/jsp/

[xvii] https://secure.pesticides.gov.uk/pestreg/prodsearch.asp

[xviii] http://www.google.com/patents/WO2001017358A1?cl=en

[xix] http://curia.europa.eu/juris/document/document.jsf?text=&docid=142701&pageIndex=0&doclang=en&mode=lst&dir=&occ=first&part=1&cid=59034

[xx] http://www.ashurst.com/publication-item.aspx?id_Content=9722

[xxi] http://www.nam.org/~/media/18A3D55120154CD790089B40F1611C32/European_Commn_v_Stichting_Greenpeace_intervention.pdf

[xxii] http://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:52012DC0252&from=EN

[xxiii] [REG] 1107/2009 – Article 27: Co-formulants – http://www.euissuetracker.com/en/focus/Pages/Plant-Protection-Products-Regulation.aspx

 




384076

Toxic glyphosate herbicides fly under the EU’s regulatory radar Updated for 2026





Earlier this year, Germany declared the active substance glyphosate, a component of many herbicides, as ‘safe’ in its draft re-assessment report.

Germany’s words have weight as it is acting as the Rapporteur Member State for this active substance. But an investigation into the report has exposed another story – it is far from ‘safe’.

It is well known that glyphosate is one of the most tested active substances, and is seen as a simple and cost-effective way of controlling weeds in a variety of situatuions.

Glyphosate is the active substance in the most widely used herbicide worldwide called RoundUp®, sales were valued at US$ 5.46 bn in 2012 and are expected to reach US$ 8.79bn [i] by 2019; it is big business.

However, the active substance alone is not sprayed by farmers, councils or ‘you’ in gardens and driveways. Because to work efficiently, it needs additional chemicals called ‘surfactants’.

A shocking omission

The widespread use of glyphosate greatly increases the chances that it will be ingested by humans and farm animals. It is now used to desiccate cereal, pulse and oilseed crops prior to harvest – where it produces residues in some of our staple foods [ii]

It is also used extensively on GM crops engineered to be ‘Roundup Ready’. This does not (yet) take place in the EU, however such crops dominatye in North and South America and account much of the soy and maize imported to the EU for animal feed.

But whilst active substances are tested and regulated on a European level, pesticide formulations, such as Roundup®, are not.

Because of an initial suspicion [iii] that the surfactant called POEA (polyethoxylated tallow amine) might be toxic for humans, animals and the environment, the German authorities have taken their own protective action.

In the meantime, the EU has failed to take any action at all. “Given the alarming results of independent studies [iv], this is simply shocking”, says Martin Häusling, Member of the Greens / European Free Alliance Group.

“Even though I have been criticising The European Food and Safety Authority for many years because of its conflict of interest with the agricultural industry, it would be wrong to blame them alone. The national authorities play a big role in this process.”

But in Germany, things are different

Since the late 1990’s, the German Federal Institute for Health Protection of Consumers and Veterinary Medicine (BgVV) has called upon Member States in the European Union not to accept glyphosate products containing the surfactant POEA based on the high cytotoxicity [v] of the compounds.

However Monsanto and Cheminova – who at the time were jointly submitting glyphosate for re-approval – quickly disputed all the evidence that was presented [vi]. A 1999 report stated:

“Accordingly, in the formulations for which toxicological data has been submitted as part of the joint dossier of Monsanto and Cheminova, surfactants of this type are not contained any more.” [vii].

But the Agro-Chemical companies continued to manufacture and sell products containing POEA. A spokesperson of Monsanto praised surfactants like POEA because “the amount of active ingredient needed per treated area can be reduced.”

He also stressed that “the development of new products requires several years of research and development and review by competent public authorities and Europe has some of the highest standards in the world.”

These “high standards” seemingly have started to fail, because since 1999 there was scientific consensus that the single active substance approach to risk assessment was flawed.

Finally in 2005 the EU revised the Residue Directive and changed it into Regulation (396/2005) and made Cumulative Risk Assessment mandatory “as soon as methods to assess such effects are available [art 14.b].” [viii]

The next step would be a framework developed by European Food and Safety Authority. But very little has happened since then.

The ‘single active substance’ approach to risk assessment is flawed

By 2008, more evidence on this specific surfactant was mounting. A paper by J. M Brausch et al. in 2007 [ix] “found all POEA formulations to be extremely toxic”.

This prompted the German Environmental Agency (UBA) to request more study data specifically about chronic toxicity. What followed was a “very intense professional dispute” [x] between the UBA and agro-chemical companies, as a source from UBA stated.

The result: The companies did not submit any data, but agreed to replace POEA in the glyphosate formulations – however this resulted in the UBA still not having the data to prove chronic toxicity.

Two years later the German Federal Institute for Risk Assessment (BfR) carried out its own toxicological evaluation of the glyphosate-POEA formulation, after a German forestry worker developed chest pain with rapidly increasing severe respiratory distress and fever up to approximately 38°C.

His pathology revealed “toxic inflammation of the lungs” that was significantly different from bacterial infection [xi].

This resulted in the German authorities prohibiting the usage of certain glyphosate formulations with a high content of POEA for the production of animal feeds in order to avoid a risk of toxins being passed through the food chain [xii]. But how are these formulations tested?

Each time glyphosate is risk assessed in the EU it is done by the presentation of one ‘representative formulation’ from the vast quantity available on the market [xiii].

This time, the representative formulation that has been presented by the agro-chemical industries European Glyphosate Task Force (GTF), does not contain the surfactant POEA [xiv]. Only by coincidence? Or was it the least toxic formulation that the GTF could find?

Germany acts – but key data remain under lock and key

This year the German Federal Institute for Risk Assessment and other German safety authorities published their draft re-assessment report (RAR) on glyphosate and the representative formulation, in the process re-assessing hundreds of studies and public domain literature.

Then the UBA did something exceptional. They included a chapter ‘Further toxicological data for other potential co-formulants’ [xv] about the surfactant POEA to make sure all Member States are informed that nearly all toxicological endpoints investigated are clearly more toxic than glyphosate alone.

By the end of this year all formulations containing POEA will have been removed from the German market. So what happened in Germany for them to move from ‘restricted’ to formally ‘banned’?

Answer: we don’t know. All requests for a list of which companies had to replace POEA, exactly when, and which surfactants are now used instead has been declined by German authorities on the basis that the information constitutes ‘Trade Secrets’.

“The protection of public health must have the highest priority – and not the interests of companies or authorities”, commented Martin Häusling. “The public must have the right to check that. The European Precautionary Principle is even as important as the Freedom of Information.”

What about the rest of us?

There are only 91 glyphosate products registered in Germany [xvi] – of which only one remaining product contains POEA, which will be removed by the end of the year.

But there are 424 glyphosate products registered in the UK [xvii] and it is not known exactly how many of these products contain POEA). Rosate 36 is one of UK’s most widely used herbicides in agricultural, horticultural, industrial, amenity and forestry herbicides in use that contain the surfactant POEA.

The discussion about the surfactant POEA shows that the classic method of testing and regulating individual active substances for toxicity does not work. Or as a source from the BfR said:

“We should have a deeper look at co-formulants in the future. The formulation of glyphosate and POEA is an important lesson in that there might be specific surfactants, which can increase the toxicity of the active substance. We don’t assume this is common, but it is an increasingly important factor within the field of toxicity which we are aware of.”

But this story is not about just one surfactant. What is now known is that surfactants can be synergistic with glyphosate. When chemicals are synergistic, the combined effect of two chemicals is much greater than the sum of the effects of each agent given alone.

Even Monsanto say in one of their own patents [xviii]:

“By exploiting a newly discovered synergistic interaction between two classes of surfactant applied together with the glyphosate, surprisingly enhanced herbicidal effectiveness is obtained by this method.”

But the formulations remain secret!

Due to ‘data confidentiality’ or putting it bluntly ‘data secrets’, it is not known what these surfactants are, how much more toxic the formulations might be, or even how many different potentially toxic products there are.

The European Court of Justice ruled [xix] in 2013 that the European Commission should disclose industry safety and compositional studies on the pesticide glyphosate, which are currently hidden from the public under data secrets.

The Commission has appealed against the ruling [xx], but Croplife America, The National Association of Manufacturers of the United States and The American Chemistry Council have submitted an application to intervene [xxi].

It could be viewed as significant that the EU is protecting industry, by not revealing the content of emissions of pesticide formulations into the environment.

Pesticide formulations – as the German Safety authorities explained – are regulated on a national level. But the scientific studies that are presented for approval are carried out by the manufacturers themselves.

Only the authorities have access to these studies and have not been verified by independent scientists.

No EU framework for assessing formulations

“Any regulatory system that treats chemicals in isolation is necessarily flawed”, commented Zac Goldsmith, the Conservative MP for Richmond Park & North Kingston.

“Chemicals interact with others when they’re put out into the environment, and they interact when mixed with others in different chemical formulas.”

“A proper, health-oriented regulatory system must look at the synergistic effects of chemical mixtures, and on that basis what we have at present falls far short.”

The bad news is there is still no legal framework at EU level to assess formulations on a regulatory basis. The EU’s own documentation admits:

Current EU legislation does not provide for a comprehensive and integrated assessment of cumulative effects of different chemicals taking into account different routes of exposure“. [xxii]

It is known that UBA reported POEA in 2012 as an “unacceptable co-formulant” for a so called ‘negative list’ [xxiii] to the European Commission. Again nothing happened. A spokesperson for the European Commission has only revealed that “The European Commission is currently preparing a request to the EFSA about POEA.”

It has taken 15 years from initial suspicion that a glyphosate formulation was toxic, to approach a situation that it could be banned within the EU, and not just one Member State.

Tougher pesticide regulation of surfactants and formulations must be the next step.

 


 

Pete Farrer and Marianne Falck are investigative journalists and  film producers, collaborating on the full length investigative documentary Hungry for Pesticides, currently in production.

Pete is also a farmer – an experience which led him to investigate the entire topic of pesticides, herbicides and their health impacts.

This article is a part of an investigation for the film. Please support the investigation and the film.

References

[i] According to a new market report published by Transparency Market Research, ‘Glyphosate Market for Genetically Modified and Conventional Crops – Global Industry Analysis, Size, Share, Growth, Trends and Forecast 2013 – 2019‘.

[ii]http://www.pesticides.gov.uk/Resources/CRD/PRiF/Documents/Results%20and%20Reports/2013/BNA%20Q4%202013%20FINAL.pdf

[iii] http://www.scribd.com/doc/238089929/Glyphosate-RAR-08-Volume-3CA-CP-B-6-2013-12-18-San p799 – German forestry worker – Pers comm (UBA)

[iv] Summary of the relevant literature on surface active substances in glyphosate-based formulations RAR – http://www.scribd.com/doc/238090225/Glyphosate-RAR-13-Volume-3CA-CP-B-9-Appendix-2013-12-18

[v] http://www.moleculardevices.com/applications/areas-research/cytotoxicity

[vi] http://www.scribd.com/doc/238082880/FULLREPORT-GLYPHOSAT-05 p20-21

[vii] http://www.scribd.com/doc/238082880/FULLREPORT-GLYPHOSAT-05 p20

[viii] http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2005:070:0001:0016:en:PDF

[ix] Brausch, J. M., & Smith, P. N. 2007. Toxicity of Three Polyethoxylated Tallowamine Surfactant Formulations to Laboratory and Field Collected Fairy Shrimp, Thamnocephalus platyurus. Arch Environ Contam Toxicol 52(2), 217-221

[x] Pers comm. (UBA)

[xi] http://www.scribd.com/doc/238089929/Glyphosate-RAR-08-Volume-3CA-CP-B-6-2013-12-18-San p799 – German forestry worker – Pers comm (UBA)

[xii] Pers comm. (BVL)

[xiii] https://secure.pesticides.gov.uk/pestreg/prodsearch.asp

[xiv] http://www.scribd.com/doc/238082730/Glyphosate-RAR-01-Volume-1-2013-12-18-San p98

[xv] http://www.scribd.com/doc/238089929/Glyphosate-RAR-08-Volume-3CA-CP-B-6-2013-12-18-San p835 B.6.13.3 Further toxicological data for other potential co-formulants

[xvi] https://portal.bvl.bund.de/psm/jsp/

[xvii] https://secure.pesticides.gov.uk/pestreg/prodsearch.asp

[xviii] http://www.google.com/patents/WO2001017358A1?cl=en

[xix] http://curia.europa.eu/juris/document/document.jsf?text=&docid=142701&pageIndex=0&doclang=en&mode=lst&dir=&occ=first&part=1&cid=59034

[xx] http://www.ashurst.com/publication-item.aspx?id_Content=9722

[xxi] http://www.nam.org/~/media/18A3D55120154CD790089B40F1611C32/European_Commn_v_Stichting_Greenpeace_intervention.pdf

[xxii] http://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:52012DC0252&from=EN

[xxiii] [REG] 1107/2009 – Article 27: Co-formulants – http://www.euissuetracker.com/en/focus/Pages/Plant-Protection-Products-Regulation.aspx

 




384076

Toxic glyphosate herbicides fly under the EU’s regulatory radar Updated for 2026





Earlier this year, Germany declared the active substance glyphosate, a component of many herbicides, as ‘safe’ in its draft re-assessment report.

Germany’s words have weight as it is acting as the Rapporteur Member State for this active substance. But an investigation into the report has exposed another story – it is far from ‘safe’.

It is well known that glyphosate is one of the most tested active substances, and is seen as a simple and cost-effective way of controlling weeds in a variety of situatuions.

Glyphosate is the active substance in the most widely used herbicide worldwide called RoundUp®, sales were valued at US$ 5.46 bn in 2012 and are expected to reach US$ 8.79bn [i] by 2019; it is big business.

However, the active substance alone is not sprayed by farmers, councils or ‘you’ in gardens and driveways. Because to work efficiently, it needs additional chemicals called ‘surfactants’.

A shocking omission

The widespread use of glyphosate greatly increases the chances that it will be ingested by humans and farm animals. It is now used to desiccate cereal, pulse and oilseed crops prior to harvest – where it produces residues in some of our staple foods [ii]

It is also used extensively on GM crops engineered to be ‘Roundup Ready’. This does not (yet) take place in the EU, however such crops dominatye in North and South America and account much of the soy and maize imported to the EU for animal feed.

But whilst active substances are tested and regulated on a European level, pesticide formulations, such as Roundup®, are not.

Because of an initial suspicion [iii] that the surfactant called POEA (polyethoxylated tallow amine) might be toxic for humans, animals and the environment, the German authorities have taken their own protective action.

In the meantime, the EU has failed to take any action at all. “Given the alarming results of independent studies [iv], this is simply shocking”, says Martin Häusling, Member of the Greens / European Free Alliance Group.

“Even though I have been criticising The European Food and Safety Authority for many years because of its conflict of interest with the agricultural industry, it would be wrong to blame them alone. The national authorities play a big role in this process.”

But in Germany, things are different

Since the late 1990’s, the German Federal Institute for Health Protection of Consumers and Veterinary Medicine (BgVV) has called upon Member States in the European Union not to accept glyphosate products containing the surfactant POEA based on the high cytotoxicity [v] of the compounds.

However Monsanto and Cheminova – who at the time were jointly submitting glyphosate for re-approval – quickly disputed all the evidence that was presented [vi]. A 1999 report stated:

“Accordingly, in the formulations for which toxicological data has been submitted as part of the joint dossier of Monsanto and Cheminova, surfactants of this type are not contained any more.” [vii].

But the Agro-Chemical companies continued to manufacture and sell products containing POEA. A spokesperson of Monsanto praised surfactants like POEA because “the amount of active ingredient needed per treated area can be reduced.”

He also stressed that “the development of new products requires several years of research and development and review by competent public authorities and Europe has some of the highest standards in the world.”

These “high standards” seemingly have started to fail, because since 1999 there was scientific consensus that the single active substance approach to risk assessment was flawed.

Finally in 2005 the EU revised the Residue Directive and changed it into Regulation (396/2005) and made Cumulative Risk Assessment mandatory “as soon as methods to assess such effects are available [art 14.b].” [viii]

The next step would be a framework developed by European Food and Safety Authority. But very little has happened since then.

The ‘single active substance’ approach to risk assessment is flawed

By 2008, more evidence on this specific surfactant was mounting. A paper by J. M Brausch et al. in 2007 [ix] “found all POEA formulations to be extremely toxic”.

This prompted the German Environmental Agency (UBA) to request more study data specifically about chronic toxicity. What followed was a “very intense professional dispute” [x] between the UBA and agro-chemical companies, as a source from UBA stated.

The result: The companies did not submit any data, but agreed to replace POEA in the glyphosate formulations – however this resulted in the UBA still not having the data to prove chronic toxicity.

Two years later the German Federal Institute for Risk Assessment (BfR) carried out its own toxicological evaluation of the glyphosate-POEA formulation, after a German forestry worker developed chest pain with rapidly increasing severe respiratory distress and fever up to approximately 38°C.

His pathology revealed “toxic inflammation of the lungs” that was significantly different from bacterial infection [xi].

This resulted in the German authorities prohibiting the usage of certain glyphosate formulations with a high content of POEA for the production of animal feeds in order to avoid a risk of toxins being passed through the food chain [xii]. But how are these formulations tested?

Each time glyphosate is risk assessed in the EU it is done by the presentation of one ‘representative formulation’ from the vast quantity available on the market [xiii].

This time, the representative formulation that has been presented by the agro-chemical industries European Glyphosate Task Force (GTF), does not contain the surfactant POEA [xiv]. Only by coincidence? Or was it the least toxic formulation that the GTF could find?

Germany acts – but key data remain under lock and key

This year the German Federal Institute for Risk Assessment and other German safety authorities published their draft re-assessment report (RAR) on glyphosate and the representative formulation, in the process re-assessing hundreds of studies and public domain literature.

Then the UBA did something exceptional. They included a chapter ‘Further toxicological data for other potential co-formulants’ [xv] about the surfactant POEA to make sure all Member States are informed that nearly all toxicological endpoints investigated are clearly more toxic than glyphosate alone.

By the end of this year all formulations containing POEA will have been removed from the German market. So what happened in Germany for them to move from ‘restricted’ to formally ‘banned’?

Answer: we don’t know. All requests for a list of which companies had to replace POEA, exactly when, and which surfactants are now used instead has been declined by German authorities on the basis that the information constitutes ‘Trade Secrets’.

“The protection of public health must have the highest priority – and not the interests of companies or authorities”, commented Martin Häusling. “The public must have the right to check that. The European Precautionary Principle is even as important as the Freedom of Information.”

What about the rest of us?

There are only 91 glyphosate products registered in Germany [xvi] – of which only one remaining product contains POEA, which will be removed by the end of the year.

But there are 424 glyphosate products registered in the UK [xvii] and it is not known exactly how many of these products contain POEA). Rosate 36 is one of UK’s most widely used herbicides in agricultural, horticultural, industrial, amenity and forestry herbicides in use that contain the surfactant POEA.

The discussion about the surfactant POEA shows that the classic method of testing and regulating individual active substances for toxicity does not work. Or as a source from the BfR said:

“We should have a deeper look at co-formulants in the future. The formulation of glyphosate and POEA is an important lesson in that there might be specific surfactants, which can increase the toxicity of the active substance. We don’t assume this is common, but it is an increasingly important factor within the field of toxicity which we are aware of.”

But this story is not about just one surfactant. What is now known is that surfactants can be synergistic with glyphosate. When chemicals are synergistic, the combined effect of two chemicals is much greater than the sum of the effects of each agent given alone.

Even Monsanto say in one of their own patents [xviii]:

“By exploiting a newly discovered synergistic interaction between two classes of surfactant applied together with the glyphosate, surprisingly enhanced herbicidal effectiveness is obtained by this method.”

But the formulations remain secret!

Due to ‘data confidentiality’ or putting it bluntly ‘data secrets’, it is not known what these surfactants are, how much more toxic the formulations might be, or even how many different potentially toxic products there are.

The European Court of Justice ruled [xix] in 2013 that the European Commission should disclose industry safety and compositional studies on the pesticide glyphosate, which are currently hidden from the public under data secrets.

The Commission has appealed against the ruling [xx], but Croplife America, The National Association of Manufacturers of the United States and The American Chemistry Council have submitted an application to intervene [xxi].

It could be viewed as significant that the EU is protecting industry, by not revealing the content of emissions of pesticide formulations into the environment.

Pesticide formulations – as the German Safety authorities explained – are regulated on a national level. But the scientific studies that are presented for approval are carried out by the manufacturers themselves.

Only the authorities have access to these studies and have not been verified by independent scientists.

No EU framework for assessing formulations

“Any regulatory system that treats chemicals in isolation is necessarily flawed”, commented Zac Goldsmith, the Conservative MP for Richmond Park & North Kingston.

“Chemicals interact with others when they’re put out into the environment, and they interact when mixed with others in different chemical formulas.”

“A proper, health-oriented regulatory system must look at the synergistic effects of chemical mixtures, and on that basis what we have at present falls far short.”

The bad news is there is still no legal framework at EU level to assess formulations on a regulatory basis. The EU’s own documentation admits:

Current EU legislation does not provide for a comprehensive and integrated assessment of cumulative effects of different chemicals taking into account different routes of exposure“. [xxii]

It is known that UBA reported POEA in 2012 as an “unacceptable co-formulant” for a so called ‘negative list’ [xxiii] to the European Commission. Again nothing happened. A spokesperson for the European Commission has only revealed that “The European Commission is currently preparing a request to the EFSA about POEA.”

It has taken 15 years from initial suspicion that a glyphosate formulation was toxic, to approach a situation that it could be banned within the EU, and not just one Member State.

Tougher pesticide regulation of surfactants and formulations must be the next step.

 


 

Pete Farrer and Marianne Falck are investigative journalists and  film producers, collaborating on the full length investigative documentary Hungry for Pesticides, currently in production.

Pete is also a farmer – an experience which led him to investigate the entire topic of pesticides, herbicides and their health impacts.

This article is a part of an investigation for the film. Please support the investigation and the film.

References

[i] According to a new market report published by Transparency Market Research, ‘Glyphosate Market for Genetically Modified and Conventional Crops – Global Industry Analysis, Size, Share, Growth, Trends and Forecast 2013 – 2019‘.

[ii]http://www.pesticides.gov.uk/Resources/CRD/PRiF/Documents/Results%20and%20Reports/2013/BNA%20Q4%202013%20FINAL.pdf

[iii] http://www.scribd.com/doc/238089929/Glyphosate-RAR-08-Volume-3CA-CP-B-6-2013-12-18-San p799 – German forestry worker – Pers comm (UBA)

[iv] Summary of the relevant literature on surface active substances in glyphosate-based formulations RAR – http://www.scribd.com/doc/238090225/Glyphosate-RAR-13-Volume-3CA-CP-B-9-Appendix-2013-12-18

[v] http://www.moleculardevices.com/applications/areas-research/cytotoxicity

[vi] http://www.scribd.com/doc/238082880/FULLREPORT-GLYPHOSAT-05 p20-21

[vii] http://www.scribd.com/doc/238082880/FULLREPORT-GLYPHOSAT-05 p20

[viii] http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2005:070:0001:0016:en:PDF

[ix] Brausch, J. M., & Smith, P. N. 2007. Toxicity of Three Polyethoxylated Tallowamine Surfactant Formulations to Laboratory and Field Collected Fairy Shrimp, Thamnocephalus platyurus. Arch Environ Contam Toxicol 52(2), 217-221

[x] Pers comm. (UBA)

[xi] http://www.scribd.com/doc/238089929/Glyphosate-RAR-08-Volume-3CA-CP-B-6-2013-12-18-San p799 – German forestry worker – Pers comm (UBA)

[xii] Pers comm. (BVL)

[xiii] https://secure.pesticides.gov.uk/pestreg/prodsearch.asp

[xiv] http://www.scribd.com/doc/238082730/Glyphosate-RAR-01-Volume-1-2013-12-18-San p98

[xv] http://www.scribd.com/doc/238089929/Glyphosate-RAR-08-Volume-3CA-CP-B-6-2013-12-18-San p835 B.6.13.3 Further toxicological data for other potential co-formulants

[xvi] https://portal.bvl.bund.de/psm/jsp/

[xvii] https://secure.pesticides.gov.uk/pestreg/prodsearch.asp

[xviii] http://www.google.com/patents/WO2001017358A1?cl=en

[xix] http://curia.europa.eu/juris/document/document.jsf?text=&docid=142701&pageIndex=0&doclang=en&mode=lst&dir=&occ=first&part=1&cid=59034

[xx] http://www.ashurst.com/publication-item.aspx?id_Content=9722

[xxi] http://www.nam.org/~/media/18A3D55120154CD790089B40F1611C32/European_Commn_v_Stichting_Greenpeace_intervention.pdf

[xxii] http://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:52012DC0252&from=EN

[xxiii] [REG] 1107/2009 – Article 27: Co-formulants – http://www.euissuetracker.com/en/focus/Pages/Plant-Protection-Products-Regulation.aspx

 




384076

Toxic glyphosate herbicides fly under the EU’s regulatory radar Updated for 2026





Earlier this year, Germany declared the active substance glyphosate, a component of many herbicides, as ‘safe’ in its draft re-assessment report.

Germany’s words have weight as it is acting as the Rapporteur Member State for this active substance. But an investigation into the report has exposed another story – it is far from ‘safe’.

It is well known that glyphosate is one of the most tested active substances, and is seen as a simple and cost-effective way of controlling weeds in a variety of situatuions.

Glyphosate is the active substance in the most widely used herbicide worldwide called RoundUp®, sales were valued at US$ 5.46 bn in 2012 and are expected to reach US$ 8.79bn [i] by 2019; it is big business.

However, the active substance alone is not sprayed by farmers, councils or ‘you’ in gardens and driveways. Because to work efficiently, it needs additional chemicals called ‘surfactants’.

A shocking omission

The widespread use of glyphosate greatly increases the chances that it will be ingested by humans and farm animals. It is now used to desiccate cereal, pulse and oilseed crops prior to harvest – where it produces residues in some of our staple foods [ii]

It is also used extensively on GM crops engineered to be ‘Roundup Ready’. This does not (yet) take place in the EU, however such crops dominatye in North and South America and account much of the soy and maize imported to the EU for animal feed.

But whilst active substances are tested and regulated on a European level, pesticide formulations, such as Roundup®, are not.

Because of an initial suspicion [iii] that the surfactant called POEA (polyethoxylated tallow amine) might be toxic for humans, animals and the environment, the German authorities have taken their own protective action.

In the meantime, the EU has failed to take any action at all. “Given the alarming results of independent studies [iv], this is simply shocking”, says Martin Häusling, Member of the Greens / European Free Alliance Group.

“Even though I have been criticising The European Food and Safety Authority for many years because of its conflict of interest with the agricultural industry, it would be wrong to blame them alone. The national authorities play a big role in this process.”

But in Germany, things are different

Since the late 1990’s, the German Federal Institute for Health Protection of Consumers and Veterinary Medicine (BgVV) has called upon Member States in the European Union not to accept glyphosate products containing the surfactant POEA based on the high cytotoxicity [v] of the compounds.

However Monsanto and Cheminova – who at the time were jointly submitting glyphosate for re-approval – quickly disputed all the evidence that was presented [vi]. A 1999 report stated:

“Accordingly, in the formulations for which toxicological data has been submitted as part of the joint dossier of Monsanto and Cheminova, surfactants of this type are not contained any more.” [vii].

But the Agro-Chemical companies continued to manufacture and sell products containing POEA. A spokesperson of Monsanto praised surfactants like POEA because “the amount of active ingredient needed per treated area can be reduced.”

He also stressed that “the development of new products requires several years of research and development and review by competent public authorities and Europe has some of the highest standards in the world.”

These “high standards” seemingly have started to fail, because since 1999 there was scientific consensus that the single active substance approach to risk assessment was flawed.

Finally in 2005 the EU revised the Residue Directive and changed it into Regulation (396/2005) and made Cumulative Risk Assessment mandatory “as soon as methods to assess such effects are available [art 14.b].” [viii]

The next step would be a framework developed by European Food and Safety Authority. But very little has happened since then.

The ‘single active substance’ approach to risk assessment is flawed

By 2008, more evidence on this specific surfactant was mounting. A paper by J. M Brausch et al. in 2007 [ix] “found all POEA formulations to be extremely toxic”.

This prompted the German Environmental Agency (UBA) to request more study data specifically about chronic toxicity. What followed was a “very intense professional dispute” [x] between the UBA and agro-chemical companies, as a source from UBA stated.

The result: The companies did not submit any data, but agreed to replace POEA in the glyphosate formulations – however this resulted in the UBA still not having the data to prove chronic toxicity.

Two years later the German Federal Institute for Risk Assessment (BfR) carried out its own toxicological evaluation of the glyphosate-POEA formulation, after a German forestry worker developed chest pain with rapidly increasing severe respiratory distress and fever up to approximately 38°C.

His pathology revealed “toxic inflammation of the lungs” that was significantly different from bacterial infection [xi].

This resulted in the German authorities prohibiting the usage of certain glyphosate formulations with a high content of POEA for the production of animal feeds in order to avoid a risk of toxins being passed through the food chain [xii]. But how are these formulations tested?

Each time glyphosate is risk assessed in the EU it is done by the presentation of one ‘representative formulation’ from the vast quantity available on the market [xiii].

This time, the representative formulation that has been presented by the agro-chemical industries European Glyphosate Task Force (GTF), does not contain the surfactant POEA [xiv]. Only by coincidence? Or was it the least toxic formulation that the GTF could find?

Germany acts – but key data remain under lock and key

This year the German Federal Institute for Risk Assessment and other German safety authorities published their draft re-assessment report (RAR) on glyphosate and the representative formulation, in the process re-assessing hundreds of studies and public domain literature.

Then the UBA did something exceptional. They included a chapter ‘Further toxicological data for other potential co-formulants’ [xv] about the surfactant POEA to make sure all Member States are informed that nearly all toxicological endpoints investigated are clearly more toxic than glyphosate alone.

By the end of this year all formulations containing POEA will have been removed from the German market. So what happened in Germany for them to move from ‘restricted’ to formally ‘banned’?

Answer: we don’t know. All requests for a list of which companies had to replace POEA, exactly when, and which surfactants are now used instead has been declined by German authorities on the basis that the information constitutes ‘Trade Secrets’.

“The protection of public health must have the highest priority – and not the interests of companies or authorities”, commented Martin Häusling. “The public must have the right to check that. The European Precautionary Principle is even as important as the Freedom of Information.”

What about the rest of us?

There are only 91 glyphosate products registered in Germany [xvi] – of which only one remaining product contains POEA, which will be removed by the end of the year.

But there are 424 glyphosate products registered in the UK [xvii] and it is not known exactly how many of these products contain POEA). Rosate 36 is one of UK’s most widely used herbicides in agricultural, horticultural, industrial, amenity and forestry herbicides in use that contain the surfactant POEA.

The discussion about the surfactant POEA shows that the classic method of testing and regulating individual active substances for toxicity does not work. Or as a source from the BfR said:

“We should have a deeper look at co-formulants in the future. The formulation of glyphosate and POEA is an important lesson in that there might be specific surfactants, which can increase the toxicity of the active substance. We don’t assume this is common, but it is an increasingly important factor within the field of toxicity which we are aware of.”

But this story is not about just one surfactant. What is now known is that surfactants can be synergistic with glyphosate. When chemicals are synergistic, the combined effect of two chemicals is much greater than the sum of the effects of each agent given alone.

Even Monsanto say in one of their own patents [xviii]:

“By exploiting a newly discovered synergistic interaction between two classes of surfactant applied together with the glyphosate, surprisingly enhanced herbicidal effectiveness is obtained by this method.”

But the formulations remain secret!

Due to ‘data confidentiality’ or putting it bluntly ‘data secrets’, it is not known what these surfactants are, how much more toxic the formulations might be, or even how many different potentially toxic products there are.

The European Court of Justice ruled [xix] in 2013 that the European Commission should disclose industry safety and compositional studies on the pesticide glyphosate, which are currently hidden from the public under data secrets.

The Commission has appealed against the ruling [xx], but Croplife America, The National Association of Manufacturers of the United States and The American Chemistry Council have submitted an application to intervene [xxi].

It could be viewed as significant that the EU is protecting industry, by not revealing the content of emissions of pesticide formulations into the environment.

Pesticide formulations – as the German Safety authorities explained – are regulated on a national level. But the scientific studies that are presented for approval are carried out by the manufacturers themselves.

Only the authorities have access to these studies and have not been verified by independent scientists.

No EU framework for assessing formulations

“Any regulatory system that treats chemicals in isolation is necessarily flawed”, commented Zac Goldsmith, the Conservative MP for Richmond Park & North Kingston.

“Chemicals interact with others when they’re put out into the environment, and they interact when mixed with others in different chemical formulas.”

“A proper, health-oriented regulatory system must look at the synergistic effects of chemical mixtures, and on that basis what we have at present falls far short.”

The bad news is there is still no legal framework at EU level to assess formulations on a regulatory basis. The EU’s own documentation admits:

Current EU legislation does not provide for a comprehensive and integrated assessment of cumulative effects of different chemicals taking into account different routes of exposure“. [xxii]

It is known that UBA reported POEA in 2012 as an “unacceptable co-formulant” for a so called ‘negative list’ [xxiii] to the European Commission. Again nothing happened. A spokesperson for the European Commission has only revealed that “The European Commission is currently preparing a request to the EFSA about POEA.”

It has taken 15 years from initial suspicion that a glyphosate formulation was toxic, to approach a situation that it could be banned within the EU, and not just one Member State.

Tougher pesticide regulation of surfactants and formulations must be the next step.

 


 

Pete Farrer and Marianne Falck are investigative journalists and  film producers, collaborating on the full length investigative documentary Hungry for Pesticides, currently in production.

Pete is also a farmer – an experience which led him to investigate the entire topic of pesticides, herbicides and their health impacts.

This article is a part of an investigation for the film. Please support the investigation and the film.

References

[i] According to a new market report published by Transparency Market Research, ‘Glyphosate Market for Genetically Modified and Conventional Crops – Global Industry Analysis, Size, Share, Growth, Trends and Forecast 2013 – 2019‘.

[ii]http://www.pesticides.gov.uk/Resources/CRD/PRiF/Documents/Results%20and%20Reports/2013/BNA%20Q4%202013%20FINAL.pdf

[iii] http://www.scribd.com/doc/238089929/Glyphosate-RAR-08-Volume-3CA-CP-B-6-2013-12-18-San p799 – German forestry worker – Pers comm (UBA)

[iv] Summary of the relevant literature on surface active substances in glyphosate-based formulations RAR – http://www.scribd.com/doc/238090225/Glyphosate-RAR-13-Volume-3CA-CP-B-9-Appendix-2013-12-18

[v] http://www.moleculardevices.com/applications/areas-research/cytotoxicity

[vi] http://www.scribd.com/doc/238082880/FULLREPORT-GLYPHOSAT-05 p20-21

[vii] http://www.scribd.com/doc/238082880/FULLREPORT-GLYPHOSAT-05 p20

[viii] http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2005:070:0001:0016:en:PDF

[ix] Brausch, J. M., & Smith, P. N. 2007. Toxicity of Three Polyethoxylated Tallowamine Surfactant Formulations to Laboratory and Field Collected Fairy Shrimp, Thamnocephalus platyurus. Arch Environ Contam Toxicol 52(2), 217-221

[x] Pers comm. (UBA)

[xi] http://www.scribd.com/doc/238089929/Glyphosate-RAR-08-Volume-3CA-CP-B-6-2013-12-18-San p799 – German forestry worker – Pers comm (UBA)

[xii] Pers comm. (BVL)

[xiii] https://secure.pesticides.gov.uk/pestreg/prodsearch.asp

[xiv] http://www.scribd.com/doc/238082730/Glyphosate-RAR-01-Volume-1-2013-12-18-San p98

[xv] http://www.scribd.com/doc/238089929/Glyphosate-RAR-08-Volume-3CA-CP-B-6-2013-12-18-San p835 B.6.13.3 Further toxicological data for other potential co-formulants

[xvi] https://portal.bvl.bund.de/psm/jsp/

[xvii] https://secure.pesticides.gov.uk/pestreg/prodsearch.asp

[xviii] http://www.google.com/patents/WO2001017358A1?cl=en

[xix] http://curia.europa.eu/juris/document/document.jsf?text=&docid=142701&pageIndex=0&doclang=en&mode=lst&dir=&occ=first&part=1&cid=59034

[xx] http://www.ashurst.com/publication-item.aspx?id_Content=9722

[xxi] http://www.nam.org/~/media/18A3D55120154CD790089B40F1611C32/European_Commn_v_Stichting_Greenpeace_intervention.pdf

[xxii] http://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:52012DC0252&from=EN

[xxiii] [REG] 1107/2009 – Article 27: Co-formulants – http://www.euissuetracker.com/en/focus/Pages/Plant-Protection-Products-Regulation.aspx

 




384076

Toxic glyphosate herbicides fly under the EU’s regulatory radar Updated for 2026





Earlier this year, Germany declared the active substance glyphosate, a component of many herbicides, as ‘safe’ in its draft re-assessment report.

Germany’s words have weight as it is acting as the Rapporteur Member State for this active substance. But an investigation into the report has exposed another story – it is far from ‘safe’.

It is well known that glyphosate is one of the most tested active substances, and is seen as a simple and cost-effective way of controlling weeds in a variety of situatuions.

Glyphosate is the active substance in the most widely used herbicide worldwide called RoundUp®, sales were valued at US$ 5.46 bn in 2012 and are expected to reach US$ 8.79bn [i] by 2019; it is big business.

However, the active substance alone is not sprayed by farmers, councils or ‘you’ in gardens and driveways. Because to work efficiently, it needs additional chemicals called ‘surfactants’.

A shocking omission

The widespread use of glyphosate greatly increases the chances that it will be ingested by humans and farm animals. It is now used to desiccate cereal, pulse and oilseed crops prior to harvest – where it produces residues in some of our staple foods [ii]

It is also used extensively on GM crops engineered to be ‘Roundup Ready’. This does not (yet) take place in the EU, however such crops dominatye in North and South America and account much of the soy and maize imported to the EU for animal feed.

But whilst active substances are tested and regulated on a European level, pesticide formulations, such as Roundup®, are not.

Because of an initial suspicion [iii] that the surfactant called POEA (polyethoxylated tallow amine) might be toxic for humans, animals and the environment, the German authorities have taken their own protective action.

In the meantime, the EU has failed to take any action at all. “Given the alarming results of independent studies [iv], this is simply shocking”, says Martin Häusling, Member of the Greens / European Free Alliance Group.

“Even though I have been criticising The European Food and Safety Authority for many years because of its conflict of interest with the agricultural industry, it would be wrong to blame them alone. The national authorities play a big role in this process.”

But in Germany, things are different

Since the late 1990’s, the German Federal Institute for Health Protection of Consumers and Veterinary Medicine (BgVV) has called upon Member States in the European Union not to accept glyphosate products containing the surfactant POEA based on the high cytotoxicity [v] of the compounds.

However Monsanto and Cheminova – who at the time were jointly submitting glyphosate for re-approval – quickly disputed all the evidence that was presented [vi]. A 1999 report stated:

“Accordingly, in the formulations for which toxicological data has been submitted as part of the joint dossier of Monsanto and Cheminova, surfactants of this type are not contained any more.” [vii].

But the Agro-Chemical companies continued to manufacture and sell products containing POEA. A spokesperson of Monsanto praised surfactants like POEA because “the amount of active ingredient needed per treated area can be reduced.”

He also stressed that “the development of new products requires several years of research and development and review by competent public authorities and Europe has some of the highest standards in the world.”

These “high standards” seemingly have started to fail, because since 1999 there was scientific consensus that the single active substance approach to risk assessment was flawed.

Finally in 2005 the EU revised the Residue Directive and changed it into Regulation (396/2005) and made Cumulative Risk Assessment mandatory “as soon as methods to assess such effects are available [art 14.b].” [viii]

The next step would be a framework developed by European Food and Safety Authority. But very little has happened since then.

The ‘single active substance’ approach to risk assessment is flawed

By 2008, more evidence on this specific surfactant was mounting. A paper by J. M Brausch et al. in 2007 [ix] “found all POEA formulations to be extremely toxic”.

This prompted the German Environmental Agency (UBA) to request more study data specifically about chronic toxicity. What followed was a “very intense professional dispute” [x] between the UBA and agro-chemical companies, as a source from UBA stated.

The result: The companies did not submit any data, but agreed to replace POEA in the glyphosate formulations – however this resulted in the UBA still not having the data to prove chronic toxicity.

Two years later the German Federal Institute for Risk Assessment (BfR) carried out its own toxicological evaluation of the glyphosate-POEA formulation, after a German forestry worker developed chest pain with rapidly increasing severe respiratory distress and fever up to approximately 38°C.

His pathology revealed “toxic inflammation of the lungs” that was significantly different from bacterial infection [xi].

This resulted in the German authorities prohibiting the usage of certain glyphosate formulations with a high content of POEA for the production of animal feeds in order to avoid a risk of toxins being passed through the food chain [xii]. But how are these formulations tested?

Each time glyphosate is risk assessed in the EU it is done by the presentation of one ‘representative formulation’ from the vast quantity available on the market [xiii].

This time, the representative formulation that has been presented by the agro-chemical industries European Glyphosate Task Force (GTF), does not contain the surfactant POEA [xiv]. Only by coincidence? Or was it the least toxic formulation that the GTF could find?

Germany acts – but key data remain under lock and key

This year the German Federal Institute for Risk Assessment and other German safety authorities published their draft re-assessment report (RAR) on glyphosate and the representative formulation, in the process re-assessing hundreds of studies and public domain literature.

Then the UBA did something exceptional. They included a chapter ‘Further toxicological data for other potential co-formulants’ [xv] about the surfactant POEA to make sure all Member States are informed that nearly all toxicological endpoints investigated are clearly more toxic than glyphosate alone.

By the end of this year all formulations containing POEA will have been removed from the German market. So what happened in Germany for them to move from ‘restricted’ to formally ‘banned’?

Answer: we don’t know. All requests for a list of which companies had to replace POEA, exactly when, and which surfactants are now used instead has been declined by German authorities on the basis that the information constitutes ‘Trade Secrets’.

“The protection of public health must have the highest priority – and not the interests of companies or authorities”, commented Martin Häusling. “The public must have the right to check that. The European Precautionary Principle is even as important as the Freedom of Information.”

What about the rest of us?

There are only 91 glyphosate products registered in Germany [xvi] – of which only one remaining product contains POEA, which will be removed by the end of the year.

But there are 424 glyphosate products registered in the UK [xvii] and it is not known exactly how many of these products contain POEA). Rosate 36 is one of UK’s most widely used herbicides in agricultural, horticultural, industrial, amenity and forestry herbicides in use that contain the surfactant POEA.

The discussion about the surfactant POEA shows that the classic method of testing and regulating individual active substances for toxicity does not work. Or as a source from the BfR said:

“We should have a deeper look at co-formulants in the future. The formulation of glyphosate and POEA is an important lesson in that there might be specific surfactants, which can increase the toxicity of the active substance. We don’t assume this is common, but it is an increasingly important factor within the field of toxicity which we are aware of.”

But this story is not about just one surfactant. What is now known is that surfactants can be synergistic with glyphosate. When chemicals are synergistic, the combined effect of two chemicals is much greater than the sum of the effects of each agent given alone.

Even Monsanto say in one of their own patents [xviii]:

“By exploiting a newly discovered synergistic interaction between two classes of surfactant applied together with the glyphosate, surprisingly enhanced herbicidal effectiveness is obtained by this method.”

But the formulations remain secret!

Due to ‘data confidentiality’ or putting it bluntly ‘data secrets’, it is not known what these surfactants are, how much more toxic the formulations might be, or even how many different potentially toxic products there are.

The European Court of Justice ruled [xix] in 2013 that the European Commission should disclose industry safety and compositional studies on the pesticide glyphosate, which are currently hidden from the public under data secrets.

The Commission has appealed against the ruling [xx], but Croplife America, The National Association of Manufacturers of the United States and The American Chemistry Council have submitted an application to intervene [xxi].

It could be viewed as significant that the EU is protecting industry, by not revealing the content of emissions of pesticide formulations into the environment.

Pesticide formulations – as the German Safety authorities explained – are regulated on a national level. But the scientific studies that are presented for approval are carried out by the manufacturers themselves.

Only the authorities have access to these studies and have not been verified by independent scientists.

No EU framework for assessing formulations

“Any regulatory system that treats chemicals in isolation is necessarily flawed”, commented Zac Goldsmith, the Conservative MP for Richmond Park & North Kingston.

“Chemicals interact with others when they’re put out into the environment, and they interact when mixed with others in different chemical formulas.”

“A proper, health-oriented regulatory system must look at the synergistic effects of chemical mixtures, and on that basis what we have at present falls far short.”

The bad news is there is still no legal framework at EU level to assess formulations on a regulatory basis. The EU’s own documentation admits:

Current EU legislation does not provide for a comprehensive and integrated assessment of cumulative effects of different chemicals taking into account different routes of exposure“. [xxii]

It is known that UBA reported POEA in 2012 as an “unacceptable co-formulant” for a so called ‘negative list’ [xxiii] to the European Commission. Again nothing happened. A spokesperson for the European Commission has only revealed that “The European Commission is currently preparing a request to the EFSA about POEA.”

It has taken 15 years from initial suspicion that a glyphosate formulation was toxic, to approach a situation that it could be banned within the EU, and not just one Member State.

Tougher pesticide regulation of surfactants and formulations must be the next step.

 


 

Pete Farrer and Marianne Falck are investigative journalists and  film producers, collaborating on the full length investigative documentary Hungry for Pesticides, currently in production.

Pete is also a farmer – an experience which led him to investigate the entire topic of pesticides, herbicides and their health impacts.

This article is a part of an investigation for the film. Please support the investigation and the film.

References

[i] According to a new market report published by Transparency Market Research, ‘Glyphosate Market for Genetically Modified and Conventional Crops – Global Industry Analysis, Size, Share, Growth, Trends and Forecast 2013 – 2019‘.

[ii]http://www.pesticides.gov.uk/Resources/CRD/PRiF/Documents/Results%20and%20Reports/2013/BNA%20Q4%202013%20FINAL.pdf

[iii] http://www.scribd.com/doc/238089929/Glyphosate-RAR-08-Volume-3CA-CP-B-6-2013-12-18-San p799 – German forestry worker – Pers comm (UBA)

[iv] Summary of the relevant literature on surface active substances in glyphosate-based formulations RAR – http://www.scribd.com/doc/238090225/Glyphosate-RAR-13-Volume-3CA-CP-B-9-Appendix-2013-12-18

[v] http://www.moleculardevices.com/applications/areas-research/cytotoxicity

[vi] http://www.scribd.com/doc/238082880/FULLREPORT-GLYPHOSAT-05 p20-21

[vii] http://www.scribd.com/doc/238082880/FULLREPORT-GLYPHOSAT-05 p20

[viii] http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2005:070:0001:0016:en:PDF

[ix] Brausch, J. M., & Smith, P. N. 2007. Toxicity of Three Polyethoxylated Tallowamine Surfactant Formulations to Laboratory and Field Collected Fairy Shrimp, Thamnocephalus platyurus. Arch Environ Contam Toxicol 52(2), 217-221

[x] Pers comm. (UBA)

[xi] http://www.scribd.com/doc/238089929/Glyphosate-RAR-08-Volume-3CA-CP-B-6-2013-12-18-San p799 – German forestry worker – Pers comm (UBA)

[xii] Pers comm. (BVL)

[xiii] https://secure.pesticides.gov.uk/pestreg/prodsearch.asp

[xiv] http://www.scribd.com/doc/238082730/Glyphosate-RAR-01-Volume-1-2013-12-18-San p98

[xv] http://www.scribd.com/doc/238089929/Glyphosate-RAR-08-Volume-3CA-CP-B-6-2013-12-18-San p835 B.6.13.3 Further toxicological data for other potential co-formulants

[xvi] https://portal.bvl.bund.de/psm/jsp/

[xvii] https://secure.pesticides.gov.uk/pestreg/prodsearch.asp

[xviii] http://www.google.com/patents/WO2001017358A1?cl=en

[xix] http://curia.europa.eu/juris/document/document.jsf?text=&docid=142701&pageIndex=0&doclang=en&mode=lst&dir=&occ=first&part=1&cid=59034

[xx] http://www.ashurst.com/publication-item.aspx?id_Content=9722

[xxi] http://www.nam.org/~/media/18A3D55120154CD790089B40F1611C32/European_Commn_v_Stichting_Greenpeace_intervention.pdf

[xxii] http://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:52012DC0252&from=EN

[xxiii] [REG] 1107/2009 – Article 27: Co-formulants – http://www.euissuetracker.com/en/focus/Pages/Plant-Protection-Products-Regulation.aspx

 




384076