EPA Takes Action to Provide Accurate Risk Information to Consumers, Stop False Labeling on Products

EPA press release

EPA is issuing guidance to registrants of glyphosate to ensure clarity on labeling of the chemical on their products. EPA will no longer approve product labels claiming glyphosate is known to cause cancer – a false claim that does not meet the labeling requirements of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). The State of California’s much criticized Proposition 65 has led to misleading labeling requirements for products, like glyphosate, because it misinforms the public about the risks they are facing. This action will ensure consumers have correct information, and is based on EPA’s comprehensive evaluation of glyphosate.

“It is irresponsible to require labels on products that are inaccurate when EPA knows the product does not pose a cancer risk. We will not allow California’s flawed program to dictate federal policy,” said EPA Administrator Andrew Wheeler. “It is critical that federal regulatory agencies like EPA relay to consumers accurate, scientific based information about risks that pesticides may pose to them. EPA’s notification to glyphosate registrants is an important step to ensuring the information shared with the public on a federal pesticide label is correct and not misleading.”

In April, EPA took the next step in the review process for glyphosate. EPA found – as it has before – that glyphosate is not a carcinogen, and there are no risks to public health when glyphosate is used in accordance with its current label. These scientific findings are consistent with the conclusions of science reviews by many other countries and other federal agencies.

On Feb. 26, 2018, the United States District Court for the Eastern District of California issued a preliminary injunction stopping California from enforcing the state warning requirements involving glyphosate’s carcinogenicity, in part on the basis that the required warning statement is false or misleading. The preliminary injunction has not been appealed and remains in place.

California’s listing of glyphosate as a substance under Proposition 65 is based on the International Agency on the Research for Cancer (IARC) classifying it as “probably carcinogenic to humans.” EPA’s independent evaluation of available scientific data included a more extensive and relevant dataset than IARC considered during its evaluation of glyphosate, from which the agency concluded that glyphosate is “not likely to be carcinogenic to humans.” EPA’s cancer classification is consistent with many other international expert panels and regulatory authorities.

Registrants with glyphosate products currently bearing Proposition 65 warning language should submit draft amended labeling that removes this language within 90 days of the date of the letter.

Sulfoxaflor Registered for New Uses

The U.S. Environmental Protection Agency (EPA) has just issued a long-term approval for the insecticide sulfoxaflor, which the Agency has characterized as “an effective tool to control challenging pests with fewer environmental impacts.” The following information is from today’s EPA OPP Update.

“After conducting an extensive risk analysis, including the review of one of the agency’s largest datasets on the effects of a pesticide on bees, EPA is approving the use of sulfoxaflor on alfalfa, corn, cacao, grains (millet, oats), pineapple, sorghum, teff, teosinte, tree plantations, citrus, cotton, cucurbits (squash, cucumbers, watermelons, some gourds), soybeans, and strawberries.

EPA is providing long-term certainty for U.S. growers to use an important tool to protect crops and avoid potentially significant economic losses, while maintaining strong protection for pollinators,” said Alexandra Dapolito Dunn, assistant administrator for EPA’s Office of Chemical Safety and Pollution Prevention. “Today’s decision shows the agency’s commitment to making decisions that are based on sound science.”

Sulfoxaflor is an important and highly effective tool for growers that targets difficult pests such as sugarcane aphids and tarnished plant bugs, also known as lygus. These pests can damage crops and cause significant economic loss. Additionally, there are few viable alternatives for sulfoxaflor for these pests. In many cases, alternative insecticides may be effective only if applied repeatedly or in a tank mix, whereas sulfoxaflor often requires fewer applications, resulting in less risk to aquatic and terrestrial wildlife.

EPA’s registration also includes updated requirements for product labels, which will include crop-specific restrictions and pollinator protection language.

*Background*

In 2016, following a 2015 decision of the Ninth Circuit Court of Appeals vacating the registration of sulfoxaflor citing inadequate data on the effects on bees, EPA reevaluated the data and approved registrations that did not include crops that attract bees. The 2016 registration allowed fewer uses than the initial registration and included additional interim restrictions on application while new data on bees were being obtained. Today’s action, adding new uses, restoring previous uses, and removing certain application restrictions is backed by substantial data supporting the use of sulfoxaflor.

For additional information, please visit the EPA website.

EPA Announces Changes To Dicamba Registration

On October 31, 2018, U.S. Environmental Protection Agency (EPA) announced that it is extending the registration of dicamba for two years for “over-the-top” use (application to growing plants) to control weeds in fields for cotton and soybean plants genetically engineered to resist dicamba. This action was informed by input from and extensive collaboration between EPA, state regulators, farmers, academic researchers, pesticide manufacturers, and other stakeholders.

“EPA understands that dicamba is a valuable pest control tool for America’s farmers,” said EPA Acting Administrator Andrew Wheeler. “By extending the registration for another two years with important new label updates that place additional restrictions on the product, we are providing certainty to all stakeholders for the upcoming growing season.”

The following label changes were made to ensure that these products can continue to be used effectively while addressing potential concerns to surrounding crops and plants:

Dicamba registration decisions for 2019-2020 growing season

  • Two-year registration (until December 20, 2020)
  • Only certified applicators may apply dicamba over the top (those working under the supervision of a certified applicator may no longer make applications)
  • Prohibit over-the-top application of dicamba on soybeans 45 days after planting and cotton 60 days after planting
  • For cotton, limit the number of over-the-top applications from 4 to 2 (soybeans remain at 2 over-the-top applications)
  • Applications will be allowed only from 1 hour after sunrise to 2 hours before sunset
  • In counties where endangered species may exist, the downwind buffer will remain at 110 feet and there will be a new 57-foot buffer around the other sides of the field (the 110-foot downwind buffer applies to all applications, not just in counties where endangered species may exist)
  • Clarify training period for 2019 and beyond, ensuring consistency across all three products
  • Enhanced tank clean out instructions for the entire system
  • Enhanced label to improve applicator awareness on the impact of low pH’s on the potential volatility of dicamba
  • Label clean up and consistency to improve compliance and enforceability

The registration for all dicamba products will automatically expire on December 20, 2020, unless EPA further extends it.

EPA has reviewed substantial amounts of new information and concluded that the continued registration of these dicamba products meets FIFRA’s registration standards. The Agency has also determined that extending these registrations with the new safety measures will not affect endangered species.

Learn more: https://www.epa.gov/ingredients-used-pesticide-products/registration-dicamba-use-genetically-engineered-crops