22 October 2008 20:40 [Source: ICIS news]
By Stefan Baumgarten
TORONTO (ICIS news)--Dow AgroSciences plans to challenge a pesticide ban in Canada, the company said on Wednesday.
Dow said it filed a notice of intent under North American Free Trade Agreement (NAFTA) rules to bring a claim against Canada over a pesticide ban in Quebec.
The ban went into force despite the government of Quebec's own advice that it had no scientific basis and despite numerous attempts by Dow AgroSciences to work with Quebec in using a science-based, transparent policymaking framework for the decision affecting 2,4-D, Dow said.
Such action amounted to a breach of NAFTA’s “fair and equitable treatment” provision, Dow said, adding it was seeking a Canadian dollars (C$) 2m ($1.6m) settlement plus legal costs in filing its notice.
"This challenge is aimed at ensuring that important public policy decisions are based on scientific evidence, predictability and a clear set of principles, and are managed within a transparent framework," said Dow AgroSciences CEO Jim Wispinski.
"The actions of the government of
Regulators in several countries, including
Canada’s federal health ministry, after a review of 2,4-D, had found that the product could be used safely according to label directions for a variety of lawn, turf and agricultural applications, and that the product met all of Canada's pesticide health and safety regulations, which were among the toughest and most stringent in the world, Dow said.
Dow ArgoSciences’s charges come as critics have started to question the consistency of
A number of Canadian municipalities, including
Most recently, the country claimed global leadership with its recent action against bisphenol A (BPA) even though other countries had yet to acknowledge that the chemical posed a public health risk.
Underlying these inconsistent approaches are the strong powers Canada’s provinces enjoy vis-à-vis the federal government, when compared, for example, with other federal states such as the US or Germany.
In fact, in 2006 Parliament formally recognised the French-speaking people of
However, the these strong provincial powers have vastly complicated the country’s external relations and keep creating endless internal tensions as well.
A spokesperson for CropLife
In 2005, a NAFTA panel rejected a Nafta Chapter 11 claim for compensation brought by Canada-based methanol producer Methanex against the
A copy of Dow’s notice and other details are available on the website of
($1 = C$1.25)
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