Category: Regulation

MARYLAND PESTICIDE NEWS UPDATES

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MARYLAND PESTICIDE NEWS UPDATES
(April 2023)

by Niranjana Krishnan,
UMD Pesticide Safety Education Program Coordinator

The express purpose of the newsletter is to share proposed and upcoming changes to pesticide regulations; the information provided does not supersede existing pesticide labels and regulations. If you would like to receive this newsletter or have any questions about it, please email Niranjana Krishnan nkrish@umd.edu 

  1. Forthcoming change: First pesticide tolerance established for hemp 

Summary by Niranjana Krishnan nkrish@umd.edu

In April 2023, the Environmental Protection Agency (EPA) established the first pesticide  tolerance (see glossary) for hemp. This was done for the herbicide ethalfluralin. Specifically, the maximum amount of ethalfluralin residues allowed to remain in or on  hemp seeds was established.  

  • The EPA has accepted ethalfluralin labels that now contain directions for use on  hemp. The new labels will allow farmers to use ethalfluralin to control annual  broadleaf and grassy weeds that grow in hemp fields. Prior to this, only biopesticides  were registered for use on hemp. The biopesticides are tolerance exempt because of  their low risk to humans.  
  • The 2018 Farm Bill removed hemp and hemp seeds from the list of controlled  substances and authorized its production. Consequently, over the last few years, hemp  production has increased in Maryland and other states.  
  • According to the 2020 Maryland Pesticide Use Survey, ~ 122 lbs. of ethalfluralin was used on other crops. 

Reference: https://www.epa.gov/pesticides/epa-establishes-first-pesticide-tolerance hemp   

  1. Proposed change: New health protections to reduce ethylene oxide exposure In April 2023, the EPA proposed changes to ethylene oxide use to reduce air emissions  and protect exposed workers. Ethylene oxide is a gas and, for certain uses, is registered as  an antimicrobial pesticide. It is used to sterilize spices (like dried herbs and vegetables) at  commercial sterilization facilities to control food-borne pathogens. It is also used to  sterilize certain equipment like medical devices. Long-term exposure to ethylene oxide  increases the risk of certain cancers. 
  • To protect workers involved in the sterilization process, EPA is proposing the use of  self-contained breathing apparatus or a supplied airline respirator. Additionally, EPA  is proposing real-time monitoring of ethylene oxide concentrations in the workplace.  If concentrations exceed 10 parts per billion, all workers, including office workers,  will be required to wear a breathing apparatus or respirator to reduce exposure.  
  • To reduce exposure concentrations within commercial sterilization facilities, EPA is  proposing measures such as implementing air pressure gradients to regulate ethylene  oxide flow, separating HVAC systems between office and sterilization areas, 

ventilating ethylene oxide storage areas, automating the transport of sterilized  materials, etc.  

  • To reduce exposure concentrations within healthcare settings, EPA is proposing  lowering the amount of ethylene oxide used per sterilization cycle for medical devices  (lower concentrations will also meet sterility requirements), separating sterilization  spaces from other work areas, implementing air pressure gradients, using abatement  devices to remove ethylene oxide from exhaust air, etc.  
  • Public comments are being sought until June 15, 2023. 

Reference: https://www.epa.gov/newsreleases/epa-proposes-new-standards-protect public-health-reduce-exposure-ethylene-oxide 

  • Update on pesticide testing requirements for PFAS (Maryland-specific) In April 2023, two bills (SB0158 and HB0319) were amended and passed in the  Maryland General Assembly. The bills require the Maryland Department of Agriculture ̶ in consultation with the Maryland Department of Environment, Maryland Department of  Health, and the EPA ̶to study the use of PFAS in pesticides. The bills  originally proposed prohibiting pesticide products from being registered in the state  unless it was tested for PFAS. However, several questions were raised about PFAS  testing methods which resulted in the bills being amended. The bills now require: 
    • An analysis of the health and environmental impacts of PFAS in pesticides in  Maryland 
    • An identification of testing methods capable of testing PFAS in pesticides.
    • An examination of characteristics that distinguish testing methods for PFAS that are  validated for drinking water from testing methods that are validated for pesticides.
    • A status update on federal efforts to certify a method for testing PFAS in pesticides.
    • A status update on state and federal efforts to regulate or ban use of pesticides  containing PFAS. 

The bills take effect on June 1, 2023, and the Maryland Department of Agriculture must  report its findings and recommendations by November 1, 2023.  

References:  

https://mgaleg.maryland.gov/mgawebsite/Legislation/Details/sb0158?ys=2023RS https://mgaleg.maryland.gov/mgawebsite/Legislation/Details/HB0319?ys=2023RS 

Glossary: 

1) Pesticide tolerance – The maximum amount of a specific pesticide that may remain in or  on foods marketed in the United States. The EPA is responsible for setting the tolerances and ensuring they are protective of human health.  

2) PFAS (perfluoroalkyl and polyfluoroalkyl substances) – They are a class of fluorinated  compounds that do not degrade easily and are found in many products and matrices.  Exposure to certain PFAS compounds can adversely affect human health. 

Possible Changes to Atrazine Use

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By Kurt M. Vollmer, UME Extension Weed Management Specialist

The EPA is proposing several changes to its interim registration review decision for atrazine. The primary issue is the aquatic ecosystem level of concern (CE-LOC). The EPA had previously set this level at 15 ppb, but this was challenged in the Ninth Circuit Court of Appeals. Currently the EPA is proposing a much lower CE-LOC level of 3.4 ppb. This proposed level will have significant impacts on growers’ ability to use atrazine and other triazine products. Labels will also likely include new language to help mitigate the risk to aquatic plant communities. These include:

  • restricting atrazine applications when soils are saturated,
  • restricting atrazine applications during rain or storm events,
  • prohibiting aerial applications,
  • and reducing the annual atrazine application rate from 2.5 lbs. to 2 lbs. per acre annually.

Additional information can be found here: https://list.mg2.mlgnserv.com/track/click?u=df0ec74ed0bf23e091847f07c1d2c483&id=c31eec13d8967c36&e=d300d03f14fec2b3https://list.mg2.mlgnserv.com/track/click?u=df0ec74ed0bf23e091847f07c1d2c483&id=c31eec13d8967c36&e=d300d03f14fec2b3. The EPA is currently seeking public comments about the proposed decision (https://www.epa.gov/dockets/commenting-epa-dockets).

In addition the USDA Office of Pest Management Policy is conducting a related survey on atrazine usage practices for farmers involved in corn and sorghum production over the last three years (https://usdaopmp.gov1.qualtrics.com/jfe/form/SV_agW8JjsVXqR4jjg). 

Maryland’s Best Expo 2022

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The Maryland Department of Agriculture (MDA) will host the Maryland’s Best Expo on Wednesday, January 19 from 10 a.m. to 2 p.m. at the Navy-Marine Corps Memorial Stadium in Annapolis. Returning for its 18th year, after being cancelled in 2021 due to the COVID-10 pandemic, the Maryland’s Best Expo provides an opportunity for Maryland farmers, seafood producers, and processors to connect with buyers from grocery retailers, restaurants, schools, food distributors, and other venues.

The 2020 Maryland’s Best Expo attracted more than 300 attendees. Participants included farmers, producers, watermen, aquaculturists, processors, grocery store retailers, restaurants, schools, chefs and more.

This year’s event will be held in the “N Room” at the Navy-Marine Corps Memorial Stadium, 550 Taylor Avenue, Annapolis. Registration is required. The deadline to sign up is January 5, 2022. There is a $25 fee for a table display space. There is no fee for buyers, but they must register. For more information on the expo or to register, visit the Maryland’s Best website.

You should attend this event if you are:

  • A Maryland grower, watermen, seafood company, or processor interested in finding new markets for your products;
  • A buyer from a grocery store, restaurant, hospital, school, or other venue looking to purchase Maryland grown or produced products; or
  • A service provider in agriculture or local food (such as a UME county extension agent, food writer, etc.).

The types of local products that buyers will typically find are:

  • Fruits and vegetables
  • Meats (such as poultry, beef, and bison)
  • Dairy products (cow, sheep and goats milk/cheese, ice cream, yogurt, and butter)
  • Seafood (such as crabmeat, oysters, blue catfish and rockfish)
  • Craft Beverages (beer, wine, spirits, juices, kombucha, coffee, etc.)
  • Specialty products (including hemp products, sauces, baked goods, chocolate, soups, flour, etc.)

2020 Local Food Marketing Practices Survey

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WASHINGTON, Feb. 23, 2021 – Farmers and ranchers still have time to respond to their 2020 Local Food Marketing Practices Survey, according to the U.S. Department of Agriculture’s (USDA) National Agricultural Statistics Service (NASS). NASS will continue to accept responses through April to ensure an accurate picture of U.S. local and regional food systems.

“The Local Food Marketing Practices Survey is conducted in support of the growing demand for local and regional food systems,” said NASS Administrator Hubert Hamer. “The data are vital to understanding the many benefits of this sector. They will inform industry decisions and assist producers, researchers, policymakers, USDA officials, and more. NASS is committed to giving producers every opportunity to be counted in this special study.”

The 2020 Local Food Marketing Practices Survey is part of the Census of Agriculture program and as such is required by federal law. These federal laws require producers to respond and USDA to keep identities and answers confidential. Over the next several weeks, NASS will follow-up with additional mailings and phone calls to farmers and ranchers who have not yet responded. Producers are encouraged to complete their questionnaire online at www.agcounts.usda.gov, by mail, or phone as soon as possible. All information collected will be used for statistical purposes only and published on the NASS website in aggregate form this November.

To learn more about NASS and the Local Foods Marketing Practices Survey, visit www.nass.usda.gov/go/local-food. If you have questions or difficulty completing your survey, please call toll-free 888-424-7828.