June 17, 2024

EPA Announces Draft PR Notice to Revise Procedures for Citing Data to Support Pesticide Registrations (EPA Forms 8570-34 and 8570-35)

On June 10, 2024, the U.S. Environmental Protection Agency (EPA) issued a Federal Register notice announcing the availability of a draft Pesticide Registration Notice entitled Revised Procedures for Citing Data to Support Pesticide Registrations (EPA Forms No. 8570-34 and 8570-35) (Draft PR Notice). 89 Fed. Reg. 48893. EPA states that this Draft PR Notice will supersede PR Notice 98-5, entitled New Forms for the Certification with Respect to Citation of Data,which was issued on June...
June 6, 2024

New Date – June 13, 2024 – “Sponsor’s Role in Regulatory Testing” Webinar; Registration Open

Please note that the date of this webinar has moved forward one day, from Wednesday, June 12, 2024, to Thursday, June 13, 2024, 11:00 a.m. – 12:00 p.m. (EDT). Register now to join Bergeson & Campbell, P.C. (B&C®) and The Acta Group (Acta®) for “Sponsor’s Role in Regulatory Testing — Complying with GLP Standards,” a complimentary webinar covering the roles and responsibilities of Study Sponsors, as defined by Good Laboratory Practices (GLP) regulations and related...
May 31, 2024

PEER Files Request for Correction Regarding Verification Analysis for PFAS in Pesticide Products

Public Employees for Environmental Responsibility (PEER) announced on May 28, 2024, that it filed a request for correction (RFC) under the Information Quality Act (IQA) regarding a U.S. Environmental Protection Agency (EPA) research memorandum entitled “Verification Analysis for PFAS in Pesticide Products (ACB Project B23-05b)” dated May 18, 2023, and the accompanying press release. As reported in our June 2, 2023, memorandum, EPA completed a verification analysis of a study published in...
May 29, 2024

DPR Issues California Notice 2024-10 Clarification on “Not Registered for Use In CA” and Similar Statements on Pesticide Labels

On May 24, 2024, the California Department of Pesticide Regulation (DPR) issued California Notice 2024-10 announcing that the U.S. Environmental Protection Agency (EPA) and DPR have made recent policy changes regarding state-specific language on pesticide labels intended to reduce delays related to state-specific uses. As part of DPR’s evaluation process when reviewing a new registration application, DPR may determine there are not sufficient data to support registration of a specific use in...
May 16, 2024

EPA Announces Public Comment Period for Application of Proposed New Herbicide Product Containing Dicamba from Bayer CropScience

On May 3, 2024, the U.S. Environmental Protection Agency (EPA) announced it received an application from Bayer CropScience LP for a new product containing the currently registered active ingredient dicamba. The proposed product includes use of dicamba on dicamba-tolerant soybeans and cotton. EPA is announcing a 30-day public comment period consistent with Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) Section 3(c)(4) because the proposed product involves a new use pattern for...
May 15, 2024

EPA Announces Virtual Pesticide Program Dialogue Committee Meeting

By Barbara A. Christianson On May 8, 2024, the U.S. Environmental Protection Agency (EPA) announced that it will hold a virtual public meeting of the Pesticide Program Dialogue Committee (PPDC) on June 5 and June 6, 2024, from 11:00 a.m. to 5:00 p.m. (EDT). The meeting is open to the public, but registration to attend is required. Register to attend the meeting by May 29, 2024.To provide comments during the meeting, request special accommodations, or receive...
April 19, 2024

California DPR Announces Detailed Information on Proposed Registration Fee Increase and Information on Webinar Scheduled for April 23, 2024

On April 17, 2024, the California Department of Pesticide Regulation (DPR) announced the details of its webinar scheduled for Tuesday, April 23, 2024, at 10:00 a.m. (PDT). The webinar is to discuss and receive feedback from registrants and other stakeholders on DPR’s intent to increase registration fees to a level that, according to DPR, supports the current and future business needs of the pesticide registration program. DPR states it has determined that current registration fees...
April 15, 2024

EPA Announces End Dates for Sales, Distribution, and Use of Existing Stocks on Over-the-Top Uses of Dicamba

On April 3, 2024, the U.S. Environmental Protection Agency (EPA) issued a Federal Register notice providing notice of its issuance of an Existing Stocks Order and announcing the end dates for sales, distribution, and use of existing stocks on over-the-top (OTT) uses of dicamba subject to the Order. 89 Fed. Reg. 23010. This announcement follows the February 14, 2024, Existing Stocks Order for Dicamba Products Previously Registered for Over-the-Top Use on Dicamba-Tolerant Cotton and Soybean...
April 1, 2024

California DPR Announces Webinar to Be Held on April 23, 2024, to Discuss Proposed Registration Fee Increase

On March 29, 2024, the California Department of Pesticide Regulation (DPR) announced it will hold a webinar on Tuesday, April 23, 2024, at 10:00 a.m. (PDT) to discuss and receive feedback from registrants and other stakeholders on its intent to increase registration fees to a level that, according to DPR, supports the current and future business needs of the pesticide registration program. DPR states it has determined that current registration fees are not sufficient to...
March 15, 2024

Recording Available for “FIFRA Hot Topics” Webinar

Bergeson & Campbell, P.C.’s (B&C®) March 12, 2024, webinar, “FIFRA Hot Topics,” is now available for on-demand viewing. During this one-hour webinar, James V. Aidala, Senior Government Affairs Consultant, Lisa R. Burchi, Of Counsel, and moderator Lynn L. Bergeson, Managing Partner, discussed key priorities for the U.S. Environmental Protection Agency (EPA) Office of Pesticide Programs (OPP) and what companies should know to stay on top of new developments in the law and regulation...
February 26, 2024

EPA Announces Update on Over-the-Top Uses of Dicamba

On February 14, 2024, the U.S. Environmental Protection Agency (EPA) issued an Existing Stocks Order for Dicamba Products Previously Registered for Over-the-Top Use on Dicamba-Tolerant Cotton and Soybean (Existing Stocks Order). This announcement was needed in response to the February 6, 2024, ruling by the U.S. District Court of Arizona vacating the 2020 registrations for over-the-top (OTT) dicamba products. EPA states this Existing Stocks Order “addresses use of the formerly-registered...
February 23, 2024

EPA Announces Its Implementation Approaches for Endangered Species Act Pesticide Policies

On February 7, 2024, U.S. Environmental Protection Agency (EPA) Assistant Administrator Michal Freedhoff announced the steps EPA is taking to incorporate stakeholder feedback and collaborate with other federal agencies on its requirement to comply with the Endangered Species Act (ESA).  Under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), as part of the registration process, EPA must comply with ESA to ensure pesticides do not harm endangered species or their critical...
February 13, 2024

Register Now for B&C’s “FIFRA Hot Topics” Webinar on March 12, 2024, 11:00 a.m. – 12:00 p.m. (EDT)

Register now to join Bergeson & Campbell, P.C. (B&C®) for “FIFRA Hot Topics,” a complimentary webinar covering key priorities for the U.S. Environmental Protection Agency (EPA) Office of Pesticide Programs (OPP) and what companies should know to avoid market entry delays and other commercial disruptions. During the Biden-Harris Administration’s term, EPA OPP has focused on long-standing challenges, including efforts to meet Endangered Species Act (ESA) consultation...
February 8, 2024

EPA Releases Guidance to Clarify How It Will Evaluate “Absence of an Ingredient” Claim for Pesticides

On February 1, 2024, the U.S. Environmental Protection Agency (EPA) released guidance to clarify how it will evaluate “absence of an ingredient” claims for pesticide products regulated under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). EPA states that it is aware that the regulated community seeks clarity on whether and how “absence of an ingredient” claims can be made lawfully on FIFRA-regulated product labels. EPA states that it will consider an “absence of...
January 31, 2024

Deadline for Filing Annual Pesticide Production Reports — March 1, 2024

The March 1, 2024, deadline for all establishments, foreign and domestic, that produce pesticides, devices, or active ingredients to file their annual production for the 2023 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...
January 25, 2024

Recording Available for “What to Expect in Chemicals Policy and Regulation and on Capitol Hill in 2024” Webinar

Bergeson & Campbell, P.C.’s (B&C®) January 23, 2024, webinar, “What to Expect in Chemicals Policy and Regulation and on Capitol Hill in 2024,” is now available for on-demand viewing. During this one-hour webinar Lynn L. Bergeson, Managing Partner, B&C; James V. Aidala, Senior Government Affairs Consultant, B&C; and Richard E. Engler, Ph.D., Director of Chemistry, B&C participated in a lively, timely, and focused discussion on the state of play and how they...
January 9, 2024

EPA Announces 2024 Annual Pesticide Maintenance Fee Forms Available to Download from EPA Website — Deadline for Paying Is January 16, 2024

The U.S. Environmental Protection Agency (EPA) has released the annual pesticide registration maintenance fee materials for fiscal year 2024. The January 16, 2024, deadline for payment of the U.S. Environmental Protection Agency’s (EPA) annual maintenance fee for pesticide registrations is fast approaching. The 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...
December 29, 2023

EPA Registers Novel Pesticide Technology for Potato Crops

The U.S. Environmental Protection Agency (EPA) announced on December 22, 2023, that it has registered biopesticide products containing the new active ingredient Ledprona for three years, “a timeframe that is consistent with EPA’s approach to other novel biopesticide products.” Ledprona is a new type of pesticide that relies on a natural mechanism, RNA interference (RNAi), used by plants and insects to protect against disease. As reported in our October 12, 2023, blog item, Ledprona is...
November 17, 2023

Process Improvement to Release Data Evaluation Records 

On November 14, 2023, the Pesticide Registration Improvement Act (PRIA) Coalition hosted a webinar for the U.S. Environmental Protection Agency (EPA) to provide an overview of the process improvement to release Data Evaluation Records (DER) to the registrant with the final registration decision, as mandated under the Pesticide Registration Improvement Act of 2022 (PRIA 5). PRIA 5 requires EPA to release to the applicant at the decision review time the complete DERs for studies submitted...
November 16, 2023

Eighth Circuit Court Vacates EPA Rule Revoking All Chlorpyrifos Tolerances

On November 2, 2023, the Eighth Circuit Court of Appeals (Eighth Circuit) issued its decision in Red River Valley Sugarbeet Growers Ass’n v. Regan, No. 22-1422 (8th Cir. 2023) regarding the use of the pesticide chlorpyrifos on food crops (Decision). The court concluded that the U.S. Environmental Protection Agency’s (EPA) August 2021 revocation of all food tolerances for chlorpyrifos was arbitrary and capricious, and remanded the matter back to EPA for further review. Chlorpyrifos was...