After discovering the existence of gypsy moths and their eggs, Agriculture Canada applied for a pesticide use permit for the use of Foray 48B as part of an eradication programme. Although Agriculture Canada did not advertise the spraying in one of the local papers, as required by the permit, it made reasonable efforts to provide the public with information about the eradication programme. There was no evidence that the pesticide causes health risks to people or has any effect on the natural enemies of economically important pests. Aerial spraying, in conjunction with other measures, was held to be the most appropriate method of eradication in the circumstances. The Board felt that such a programme was in the public interest.
The BC Court of Appeal has ruled that considering federal pesticide registration was outside the Board’s jurisdiction. Adopting this judgement, the Board decided not to comment on the safety of the pesticide. The appeal was dismissed.