FIFRAblog®

A February 18, 2026, Executive Order (EO) from President Trump, entitled “Promoting the National Defense by Ensuring an Adequate Supply of Elemental Phosphorus and Glyphosate-Based Herbicides,” concerns phosphorus’ use as a critical mineral in fertilizers for crop production (and the manufacture of explosives, among other things), and the role phosphorus plays in the production of the herbicide glyphosate, also used in crop production. Glyphosate is indeed important due to the way the...

Bergeson & Campbell, P.C.’s (B&C®) recently published Forecast 2026 includes a deep dive into what stakeholders can expect this year regarding the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), excerpts of which are shared here. Policy shifts and uncertainties are expected under FIFRA and the Endangered Species Act (ESA) in the agricultural and biocidal area. ESA has been, and will continue to be, the most important issue affecting pesticide use and regulation in the...

The March 1, 2026, deadline for all establishments, foreign and domestic, that produce pesticides, devices, or active ingredients to file their annual production for the 2025 reporting year is fast approaching. Pursuant to Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) Section 7(c)(1) (7 U.S.C. § 136e(c)(1)), “Any producer operating an establishment registered under [Section 7] shall inform the Administrator within 30 days after it is registered of the types and amounts of...

On January 5, 2026, the U.S. Environmental Protection Agency (EPA) announced the availability of a draft Pesticide Registration (PR) Notice entitled “Pesticide Registration Notice 2026-NEW: Notifications, Non-Notifications, and Minor Formulation Amendments.” 91 Fed. Reg. 271. EPA stated that it is issuing this draft PR Notice to align with changes to the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), including through the Pesticide Registration Improvement Act (PRIA), and to...

The U.S. Environmental Protection Agency (EPA) has released the annual pesticide registration maintenance fee materials for fiscal year (FY) 2026. The deadline for payment of EPA’s annual maintenance fee for pesticide registration is January 15, 2026. Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) Section 4(i)(1)(A) requires everyone who holds an active or suspended pesticide registration granted under FIFRA Sections 3 and 24(c) (special local needs) to pay an annual maintenance...

On November 13, 2025, the California Department of Pesticide Regulation (DPR) held a webinar to discuss potential changes to its Enforcement Response Regulations set forth at 3 C.C.R. Sections 6128 and 6130. DPR also released its Discussion Document explaining the various regulatory “concepts” it is considering and posing questions for public input related to those concepts.  The proposed focus areas are designed to address areas of improvement identified in a U.S. Environmental...

The U.S. Environmental Protection Agency (EPA) has posted a web page entitled “Pesticides Containing a Single Fluorinated Carbon.” The web page includes a list of frequently asked questions (FAQ) regarding pesticidal substances containing a single fluorinated carbon and how EPA evaluates them. EPA intends the FAQs to inform the public better about EPA’s gold-standard science pesticide registration process. EPA notes that the web page “does not, and is not intended to, interpret or amend...

On October 9, 2025, as part of the reauthorization mandates of the Pesticide Registration Improvement Act of 2022 (PRIA 5), the U.S. Environmental Protection Agency (EPA) announced the availability of two reports prepared from the result of third-party audits that evaluated pesticide registration processes and functions conducted by EPA. According to EPA, the first report provides the results of the audit that focused on assessing the operational performance of EPA’s Office of Pesticide...

On September 9, 2025, the U.S. Department of Health and Human Services (HHS) announced the release of the Make Our Children Healthy Again Strategy (MAHA Strategy) issued by the Make America Healthy Again (MAHA) Commission. This Strategy was required to be submitted to the President by August 12, 2025, based on the findings of the Commission in its Making Our Children Healthy Again report (MAHA Assessment), which was released on May 22, 2025, and is discussed in our blog. In its press release...

The U.S. Environmental Protection Agency (EPA) announced on August 21, 2025, the availability of and solicited public comment on materials that are being submitted to the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) Scientific Advisory Panel (SAP) for peer review on “Determining the Absence of Novel Proteins in the Saliva of Genetically Engineered Mosquitoes for Mosquito Control.” 90 Fed. Reg. 40829. The white paper, charge questions, background documents, and related...

On August 14, 2025, the U.S. Environmental Protection Agency (EPA) announced the availability of its Pesticide App for Label Mitigations (PALM), which is described as an “easy-to-use, mobile-friendly tool to serve as a one-stop shop that helps farmers and applicators use EPA’s mitigation menu to reduce pesticide exposure to nontarget species from agricultural crop uses.” According to EPA, this new tool will allow farmers to access quickly mitigation information from the final Insecticide...

The U.S. Environmental Protection Agency (EPA) announced on July 23, 2025, that it seeks nominations of scientific and technical experts to be considered as ad hoc reviewers in the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) Scientific Advisory Panel’s (SAP) review of EPA’s white paper on genetically engineered (GE) female mosquitoes for mosquito control. 90 Fed. Reg. 34864. EPA states that it will solicit review and input from the FIFRA SAP on methodologies for determining...

On July 21, 2025, the U.S. Environmental Protection Agency (EPA) released for comment a new proposed streamlined approach to track the adoption of bilingual labeling of pesticide products and provided updated guidance on bilingual labeling requirements. Previously, on December 27, 2024, EPA released for comment a proposed plan to track the adoption of bilingual labeling of pesticide products using the annual maintenance fee filing form.  The Pesticide Registration Improvement Act of 2022...

On July 17, 2025, U.S. Senator Cory Booker (D-NJ) introduced legislation that would establish a private right of action for injuries caused by pesticides (S.2324). The introduction of S.2324, the Pesticide Injury Accountability Act of 2025, if enacted, is intended to allow cases against pesticide manufacturers for alleged harm caused by their pesticide products. In his press release, Booker states: “Rather than providing a liability shield so that foreign corporations are allowed to poison the...

On June 30, 2025, the Pesticide Action and Agroecology Network North America (PANNA) and several other non-governmental organizations (together, Petitioner) filed a Petition for Writ of Mandamus (Mandamus Petition) in the U.S. Court of Appeals for the Ninth Circuit to seek an order directing the U.S. Environmental Protection Agency (EPA) to act on a 2021 Petition to revoke all food tolerances and cancel registrations for organophosphate (OP) pesticides (OP Petition). The Mandamus Petition was...

Mr. Kyle Kunkler has been appointed the Deputy Assistant Administrator for Pesticides at the U.S. Environmental Protection Agency (EPA) Office of Chemical Safety and Pollution Prevention (OCSPP). Since February 2020, Kunkler has been directing government affairs for the American Soybean Association (ASA) in Washington, D.C., with a focus on the biotech and crop protection portfolio. Kunkler, before joining ASA, spent three years with the Biotechnology Innovation Organization (BIO), managing...

On June 26, 2025, the California Department of Pesticide Regulation (DPR) issued California Notice 2025-08 announcing that pesticide registrants may add or revise multilingual translation of its labels by non-notification. With this change, DPR now is consistent with the U.S. Environmental Protection Agency’s (EPA) decision to allow pesticide registrants to add the required Spanish-translated sections on its labels by non-notification as part of the Spanish translation requirements under the...

On June 12, 2025, the U.S. Environmental Protection Agency (EPA) announced the availability of updated refined interim core maps that identify areas that EPA states are important to 12 threatened or endangered (listed) species and their critical habitats as designated by the U.S. Fish and Wildlife Service (FWS). These refined interim maps are based on information developed by FWS and were developed by EPA’s Office of Pesticide Programs (OPP), the Center for Biological Diversity (CBD), and...

Bergeson & Campbell, P.C. (B&C®) is pleased to present “Loper Bright: Has the Demise of Chevron Deference Mattered?,” a complimentary webinar reviewing changes to Toxic Substances Control Act (TSCA) determinations in light of Loper Bright. The U.S. Supreme Court’s June 2024 decision in Loper Bright Enterprises v. Raimondo offered a new response to a long-standing question under administrative law: if an agency and a reviewing court’s interpretations of a federal statute...

On May 22, 2025, the U.S. Department of Health and Human Services (HHS) announced the release of a new federal report, Making Our Children Healthy Again (MAHA Assessment) issued by the Make America Healthy Again (MAHA) Commission. The MAHA Commission was established by Executive Order (EO) 14212 to: (a) study the scope of the childhood chronic disease crisis and any potential contributing causes, including the American diet, absorption of toxic material, medical treatments, lifestyle,...