Products cause risk to aquatic animals and environments – manufacturers fail to comply with the terms of the registration

WASHINGTON — The U.S. Environmental Protection Agency (EPA) is issuing a notice of intent to cancel all Bayer CropScience, LP and Nichino America, Inc., flubendiamide products that pose a risk to aquatic invertebrates that are important to the health of aquatic environments.

Required studies showed flubendiamide breaks down into a more highly toxic material that is harmful to species that are an important part of aquatic food chains, especially for fish, and is persistent in the environment. EPA concluded that continued use of the product would result in unreasonable adverse effects on the environment. EPA requested a voluntary cancellation in accordance with the conditions of the original registration.

 Cotton Farm Source: Bloomberg Legal EPA had issued a time-limited registration to the companies with conditions that were understood and agreed upon. If unreasonable adverse effects on the environment were found by EPA, the companies would submit a request for voluntary cancellation of all flubendiamide registrations within one week of EPA notification.

After being informed of the EPA’s finding on January 29, 2016, the companies were asked to submit a request for voluntary cancellation by Friday, February 5, 2016. They rejected EPA’s request to submit a voluntary cancellation. Subsequently, EPA initiated cancellation of all currently registered flubendiamide products for the manufacturers’ failure to comply with the terms of the registration.

Flubendiamide is registered for use on over 200 crops, including soybeans, almonds, tobacco, peanuts, cotton, lettuce, alfalfa, tomatoes, watermelon, and bell peppers, with some crops having as many as 6 applications per year.

Crops that have been properly treated with flubendiamide or that may be treated with existing stocks can still be sold legally. Provisions on handling existing stocks of the pesticide will be finalized once the products have been cancelled.

To view a copy of the Notice of Intent to Cancel and all supporting documents: https://www.epa.gov/ingredients-used-pesticide-products/flubendiamide-notice-intent-cancel-and-other-supporting

The registrants or adversely affected parties have 30 days from the date of the Notice to request a hearing. Details on how to request a hearing are contained within the Notice of Intent to Cancel.

Source: USEPA