ENVIRONMENTAL LEGISLATION - Approvals, licences and orders - Land - Pesticides and herbicides

Law360 Canada (June 9, 2022, 6:08 AM EDT) -- Appeal by Safe Food Matters Inc. (Safe Food) from the dismissal of its application for judicial review of the dismissal of its objection in the re-evaluation of a pesticide approval. Safe Food was a non-profit organization dedicated to promoting public health and protecting the environment by educating Canadians about the safety of food production technologies. The Pest Management Regulatory Agency (Agency), responsible for regulation of pesticides under the Pest Control Products Act, approved label expansion for the pesticide glysophate to allow it to be used as a pre-harvest desiccant on various crops, including chickpeas. The Agency conducted a re-evaluation of glysophate with a public consultation process in which Safe Foods participated, before issuing a decision that allowed glysophate’s continued registration without changes. Safe Food filed a notice of objection (NOO). The Agency dismissed the objections raised in NOO and exercised its discretion not to establish a review panel. The Agency found the issues raised in Safe Food’s NOO did not meet the criteria outlined in s. 3 of the Review Panel Regulations. Safe Food sought judicial review of the Agency’s decision. The reviewing judge concluded that Safe Food had not shown in their NOO that there existed scientifically founded doubt about the validity of the Agency’s evaluations. The application was dismissed. Safe Foods appealed, arguing that the decision of the reviewing judge was unreasonable....
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