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Abstract

The impact of pesticides on farmworkers is at the intersection of environmental and labor law. Existing federal regulations designed to protect farmworkers from pesticide exposure and illness have failed to adequately do so. While some states have tried to fill these gaps by enacting state regulations, New Mexico is not one of them. However, by borrowing and combining regulatory protections from other states, New Mexico could become a leader in this area. This note first provides a detailed summary of the federal protections and the regulatory history while summarizing criticisms from farmworker advocates. Next, it provides a comprehensive overview of regulations from Oregon, California, Texas, and Florida that fill federal gaps to better protect farmworkers. Finally, this note discusses how New Mexico should use these other state regulations to improve the health of farmworkers and communities. Though focused on New Mexico, this note provides a resource framework that could apply to other states seeking to improve farmworker labor conditions.

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