question: How can a jury decide a chemical pesticide causes cancer vs a scientific medical review board or community?
comment: There's more than one scientific review and both of them are presented in court along with other arguments. The jury picks who has the better argument.
passages: Section::::Health and Safety.
  
  Disclosure and product safety are the difference between legal pesticide application and assault with a deadly weapon.
  
  In most areas, physicians are mandated to file a report for "Any person suffering from any wound or other physical injury inflicted upon the person where the injury is the result of assaultive or abusive conduct." Mandated reporters are obligated to submit a report to a local law enforcement agency as follows.
  
  BULLET::::1. The name and location of the injured person, if known.
  
  BULLET::::2. The character and extent of the person's injuries.
   BULLET::::- If the proposed use or product falls into one of the following categories, the state must first determine that it will not cause unreasonable adverse effects on man or the environment:
  
  BULLET::::- Its composition is not similar to any federally registered product;
  
  BULLET::::- Its use pattern is not similar to any federally registered use of the same product or a product of similar composition; and
  
  BULLET::::- Other uses of the same product, or uses of a product of similar composition, have had their registration denied, disapproved, suspended, or canceled by the Administrator.
   BULLET::::- Issue civil or criminal penalties
   BULLET::::3. The identity of any person the injured person alleges inflicted the wound, other injury, or assaultive or abusive conduct upon the injured person.
  
  Employers must inform and train employees prior to pesticide exposure to avoid criminal prosecution that could occur in addition to workers compensation obligations when the employee consults a physician.
   The United States Environmental Protection Agency (EPA) has the authority to regulate the sale and use of pesticides in the United States; before a pesticide can be sold, it must be licensed or registered by the EPA. While registration does not constitute "approval" by the EPA, it means that the agency has determined that a pesticide will not cause 'unreasonable adverse effects' on humans or the environment. The EPA may cancel or suspend the registration of a pesticide, if further evidence indicates that its use poses unreasonable hazard. Or it may restrict the uses for which it may be sold to very specific crops and application practices.
   In October 1983, three former officials of the company were convicted by a US federal jury of fabricating key product safety tests used to gain government approval for marketing two popular pesticides and two commonly used drugs. They were convicted after one of the longest criminal trials in US history, involving six months of testimony and nearly eleven days of jury deliberation. At the time it was regarded as "the most massive scientific scandal in the history of this country and perhaps the world." The decision was subsequently appealed and upheld in "United States of America v. Moreno L. Keplinger, Paul L. Wright, and James B. Plank".
   Section::::Risk Assessment Process.:Health Evaluation.
  
  Toxicological evaluations identify the possible human health effects of pesticides and establish the levels at which humans can be exposed to products without any harm. The required studies are designed to assess the possible adverse health effects on a variety of species that may result from single, multiple or lifetime exposure from pesticides via various routes of exposure. Major studies include acute, short- and long-term toxicity; carcinogenicity; genetic, reproductive, and developmental toxicity; and teratology.
   In "Bates v. Dow AgroSciences LLC", Frederick represented a group of peanut farmers from Texas whose crops had burned after the application of an herbicide produced by respondent Dow AgroSciences. The court held in 2005 that the Federal Insecticide, Fungicide, and Rodenticide Act’s express preemption provision does not preclude a range of claims that farmers might bring against manufacturers of agricultural pesticides and insecticides.
   Chemicals that may pose health risks or those that are physical hazards (such as fire or explosion) are covered. List of chemicals that are considered hazardous are maintained according to the use or purpose. There are several existing sources that manufacturers and employers may consult. These include:
  
  BULLET::::- Any substance for which OSHA has a standard in force, including any substance listed in the Air Contaminants regulation.
  
  BULLET::::- Substances listed as carcinogens (causing cancer) by the National Toxicology Program (NTP) or the International Agency for Research on Cancer (IARC).
   Section::::Risk Assessment Process.:Environmental Risk Assessment.
  
  The environmental risk posed by a pesticide is a function of its environmental fate and environmental toxicology. The environmental fate provides an indication of what will happen to the product once it enters the environment. Factors such as the behaviour of the product in soil, water and air, the potential for its uptake by plants and animals and the possibility of bioaccumulation are evaluated. During the environmental toxicology assessments, scientists examine the effects the product has on non-target terrestrial and aquatic species. 
  
  Section::::Risk Assessment Process.:Value Assessment.
   In United States common law, non-criminal battery is "harmful or offensive" contact resulting in injury that does not include intent to commit harm. This is called tortuous battery, and this falls into the same category as automobile accidents which is handled with workers compensation. This is applicable even if there is a delay between the harmful act and the resulting injury.
   BULLET::::- Substances listed in the Threshold Limit Values for Chemical Substances and Physical Agents, published by the American Conference of Governmental Industrial Hygienists (ACGIH).
  
  BULLET::::- Restricted Use Products (RUP) Report; EPA
  
  There are other sources of information about chemicals used in industry as a result of state and federal laws regarding the Community Right to Know Act.
   BULLET::::- EPA 2010 Critical Use Exemption Nominations
  
  BULLET::::- ChemSub Online (Methyl bromide, Bromomethane).
  
  BULLET::::- Del. family poisoned with methyl bromide in Caribbean in grave condition, governor says - July 2, 2015
  
  BULLET::::- Terminix Companies Sentenced for Applying Restricted-Use Pesticide to Residences in the U.S. Virgin Islands - November 20, 2017
  
  BULLET::::- Terminix Virgin Islands Branch Manager Pleads Guilty to Four Counts of Illegally Applying Restricted-Use Pesticide to Multiple Residences in the U.S. Virgin Islands - September 17, 2018
   Section::::Background.
  
  This area known as Cancer Alley is often cited as one of the most toxic areas in the country with residents claiming a host of ailments and health conditions. Cancer Alley is the 107 mile stretch along the Mississippi River that runs between Baton Rouge and New Orleans. This area has over 150 environmental hazards and waste dumps that are located there. More than 60 percent of the facilities that release chemicals are located within communities that are populated by people of color (African Americans, Latinos, Pacific Islanders, and Native Americans). 
   Under the Oregon Community Right to Know Act (ORS 453.307-372) and the federal Superfund Amendments and Reauthorization Act (SARA) Title III, the Office of the State Fire Marshal collects information on hazardous substances and makes it available to emergency responders and to the general public. Among the information which companies must report are:
  
  BULLET::::- Inventories of amounts and types of hazardous substances stored in their facilities.
  
  BULLET::::- Annual inventories of toxic chemicals released during normal operations.
  
  BULLET::::- Emergency notification of accidental releases of certain chemicals listed by the Environmental Protection Agency.
   In 2013, the Iowa Geological and Water Survey published a "Survey of Iowa Groundwater and Evaluation of Public Well Vulnerability Classifications for Contaminants of Emerging Concern". The most commonly found contaminant was pesticides in 41% of samples, with as many as 6 pesticide compounds together, and mostly chloroacetanilide degradates. Glyphosate was not detected, and its metabolite was only detected in two of 60 wells (3%) at the detection limit of 0.02 μg/L. In 35% of 63 samples pharmaceutical compounds were found. Of the 14 drugs, six were above the method reporting limit, the highest of which was acetaminophen. One in five of the wells contained microorganisms,
   Respondents filed a motion for reconsideration in June 2013 and on 20 September 2013 the Court of Appeals chose to uphold their May decision saying the "bt talong" field trials violate the people's constitutional right to a "balanced and healthful ecology." The Supreme Court on 8 December 2015 permanently stopped the field testing for Bt (Bacillus thuringiensis) talong (eggplant), upholding the decision of the Court of Appeals which stopped the field trials for the genetically modified eggplant. The court is the first in the world to adopt the precautionary principle regarding GMO products in its decision.
  
  Section::::Application.:International agreements and declarations.:Corporate.
   In the EU, there is a detailed procedure (Regulation (EC) No 1107/2009) to evaluate whether an active substance is regarded as safe for human health and the environment. The procedure of approving new substances follows the steps listed below.
  
  Section::::Procedure of active substance approval.:Submission of the application and dossier.
   Pesticide injury is an accident and not a crime if the state or territorial Environment Agency is informed, employees are properly informed and trained prior to exposure, and product label restrictions are not violated. Similar principles apply to rental property occupants, occupants of public buildings like schools, customers exposed by a business owner, and the public.
  
  Section::::Health and Safety.:Hazard Communication.
  
  A summary of workers rights is available from OSHA: Employee Workplace Rights.
   The Air Resources Board is responsible for public hazard disclosures in California. Pesticide use disclosures are made by each pest control supervisor to the County Agricultural Commission. Epidemiology information is available from the California Pesticide Information Portal, which can be used by health care professionals to identify the cause for environmental illness.
   The EPA regulates pesticides under two main acts, both of which were amended by the Food Quality Protection Act of 1996. In addition to the EPA, the United States Department of Agriculture (USDA) and the United States Food and Drug Administration (FDA) set standards for the level of pesticide residue that is allowed on or in crops The EPA looks at what the potential human health and environmental effects might be associated with the use of the pesticide.
   Cities, towns, and municipalities can be given the power by provinces and territories to regulate how pesticides are used locally, including creating bylaws to restrict pesticide use. The 2001 Spraytech v Hudson case set the precedent in the Supreme Court of Canada as regards the enforcement of municipal by-laws against pesticides. The 2005 CropLife v Toronto case further cemented the law regarding municipal pesticide bans.
  
  Section::::Regulation.:Cosmetic pesticide bans.
   Special review
  
  Special review, formerly known as Rebuttable Presumption Against Registration (RPAR), is a regulatory process in the United States through which existing pesticides suspected of posing unreasonable risks to human health, non-target organisms, or the environment are referred for review by the EPA. Such review requires an intensive risk/benefit analysis with opportunity for public comment. If risk is found to outweigh social and economic benefits, regulatory actions (ranging from label revisions and use-restriction to cancellation or suspended registration) can be initiated. 
   In addition to the EPA, the United States Department of Agriculture (USDA) and the United States Food and Drug Administration (FDA) set standards for the level of pesticide residue that is allowed on or in crops. The EPA looks at what the potential human health and environmental effects might be associated with the use of the pesticide.
  
  In addition, the U.S. EPA uses the National Research Council's four-step process for human health risk assessment: (1) Hazard Identification, (2) Dose-Response Assessment, (3) Exposure Assessment, and (4) Risk Characterization.
   State and local agencies maintain epidemiology information required by physicians to evaluate environmental illness.
  
  Air quality information must be provided by pest control supervisors under license requirements established by the Worker Protection Standard when Restricted use pesticide is applied.
  
  The list of restricted use pesticides is maintained by the US EPA.
  
presuppositions: Juries make decisions based off of one scientific review or community. 
corrections: Juries are presented with multiple reviews from scientific communities which juries then make decisions from. 
raw_presuppositions: Juries make decisions based off of one scientific review or community.  A jury decides a chemical is cancer independently from the scientific community.
raw_corrections: Juries are presented with multiple reviews from scientific communities which juries then make decisions from.  A jury picks who has the better argument from different scientific reviews.