Incoming State Rep. Kerwin Introduces Measure to Limit Harmful Chemicals in Fertilizer
In lockstep with ranchers and state prosecutors who have raised the alarm, Kerwin’s measure seeks new restrictions over harmful PFAS chemicals.
By Luca Cacciatore | December 20, 2024 – State Rep.-elect Helen Kerwin of Glen Rose has introduced a measure to regulate and limit the proliferation of harmful chemicals in fertilizers sold in Texas.
House Bill 1674 officially defines perfluoroalkyl and polyfluoroalkyl substances, known as “PFAS” chemicals. It then seeks to amend the Agriculture Code to establish strict limits on their presence in fertilizers and other agricultural materials and mandating regular testing of PFAS levels.
PFAS chemicals were first introduced with the invention of Teflon. Because they do not easily break down, they are grouped with similar compounds known as “forever chemicals.” In excess concentration, they can cause cancer, fertility issues, and respiratory problems.
“I am hoping that our legislators will support the prevention of these forever chemicals from contaminating our Texas farmlands,” Kerwin told Texas Scorecard. “Farmers are the backbone of our country, and none of us could survive without them. We must do better by our farmers, our children, and future generations.”
Kerwin’s measure would impose strict penalties for companies violating her new proposed PFAS restrictions and approve the use of stop-sale orders and licensing suspensions for repeat offenders.
The forever chemicals gained statewide attention when they were discovered in Fort Worth area fertilizers made by the Maryland-based company Synagro, which utilized repurposed waste materials called “biosolids.”
While current Environmental Protection Agency standards put the acceptable amount of PFAS in drinking water at four parts per trillion, the PFAS present in the biosolid fertilizer samples tested was considerably higher.
Lab results from the Johnson County Constable Precinct 4’s office found 27 different PFAS chemicals in one biosolids sample. In addition, the PFAS level in a single calf’s liver was a shocking 610,000 parts per trillion.
Ranchers affected by the PFAS chemicals filed a lawsuit against Synagro following the lab results. They also sued the EPA alongside several environmentalist groups for failing to prevent PFAS contamination in fertilizers.
Texas Attorney General Ken Paxton has since gotten involved in the fight as well. Earlier this month, his office announced it would go after the largest manufacturers of PFAS chemical products, 3M and DuPont.
“These companies knew for decades that PFAS chemicals could cause serious harm to human health yet continued to advertise them as safe for household use around families and children,” stated Paxton. “Texas is taking action to penalize these companies and hold them accountable for deceiving Texans into buying consumer products without vital information.”
The 89th Legislative Session begins January 14.
