FIFRAblog®

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,...

On April 29, 2025, the U.S. Environmental Protection Agency (EPA) announced the release of its final Insecticide Strategy (Strategy), available here. EPA states in the Strategy that it is “intended to create a consistent, reasonable, transparent, and understandable approach to assess potential impacts and identify mitigations to reduce potential population-level impacts to listed species from the use of agricultural insecticides.” Specifically, EPA states that the Strategy identifies...

On April 18, 2025, the U.S. Environmental Protection Agency (EPA) announced updates to its pesticide registration tracking app, MyPest. EPA states MyPest allows registrants of pesticide products to monitor the status of their pesticide registration submissions in real time. The launch of the latest version of MyPest includes updates to an enhanced dashboard page with information about the registrant’s cases and products, the ability to view detailed information of each application, and the...

On April 3, 2025, the U.S. Environmental Protection Agency (EPA) announced changes on how the data matrix form (EPA Form 8570-35) is submitted to EPA, stating this change is an improvement to simplify the process for how companies submit data to EPA as part of a pesticide registration package. EPA states these improvements also will make EPA’s processing of this information more efficient. Companies are required to submit a data matrix form when their pesticide...

The March 1, 2025, deadline for all establishments, foreign and domestic, that produce pesticides, devices, or active ingredients to file their annual production for the 2024 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 17, 2025, the U.S. Environmental Protection Agency (EPA) released its new MyPest tracking system to provide transparency and visibility into the real-time status of pesticide submissions. MyPest is a web-based system that tracks a registrant’s pesticide applications and products after submission via EPA’s Central Data Exchange (CDX). MyPest allows users to view and communicate with the Office of Pesticide Programs (OPP) regarding their pesticide products and pending applications....

On December 27, 2024, the U.S. Environmental Protection Agency (EPA) released for comment a proposed plan to track the adoption of bilingual labeling of pesticide products. 90 Fed. Reg. 99. The Pesticide Registration Improvement Act of 2022 (PRIA 5) amended the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) to require Spanish language translation of the health and safety sections of end-use pesticide product labels on a rolling schedule that begins in December 2025 and ends...

On December 6, 2024, the U.S. Environmental Protection Agency (EPA) announced that it has issued its first voucher under its Vector Expedited Review Voucher (VERV) Program as a result of a recent approval by EPA of a new active ingredient, Wolbachia pipientis wAlbB strain. The VERV Program, which is required by the Pesticide Registration Improvement Act of 2022 (PRIA 5) and announced in December 2023, was developed in response to ongoing challenges with mosquito control...

On December 2, 2024, the U.S. Environmental Protection Agency (EPA) announced a proposed rule to revoke all tolerances for chlorpyrifos except for those tolerances associated with the 11 food and feed crops that remain registered. 89 Fed. Reg. 99184. EPA is taking this action in response to a decision by the U.S. Court of Appeals for the Eighth Circuit. Comments on the proposed rule are due on or before February 10, 2025. Comments can be...

On December 2, 2024, the U.S. Environmental Protection Agency (EPA) released, and is seeking public comment on, its proposed guidance for antimicrobial pesticide registrants intended to improve the efficiency of Endangered Species Act (ESA) considerations for new active ingredients, new uses, and registration review actions for antimicrobial pesticides. Comments are due on or before January 1, 2025. EPA states that this guidance, when issued in final, will fulfill the requirements outlined in...

The U.S. Environmental Protection Agency (EPA) has released the annual pesticide registration maintenance fee materials for fiscal year (FY) 2025. The deadline for payment of EPA’s annual maintenance fee for pesticide registration is January 15, 2025. 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 20, 2024, the U.S. Environmental Protection Agency (EPA) announced the release of its draft guidance for public comment to support registration and evaluation of efficacy claims for pre-saturated antimicrobial towelettes on hard non-porous surfaces such as stainless steel, metal, glass, hard plastic, or sealed wood, commonly seen in the market as “disinfecting wipes,” using a recently approved standard test method. The draft guidance is available at EPA-HQ-OPP-2024-0414-0004....

On November 22, 2024, the U.S. Environmental Protection Agency (EPA) announced the availability of more than 4,500 Data Evaluation Records (DER) in ChemView, a public portal that houses data and review of toxic chemicals. EPA defines a DER as the documented EPA review of studies submitted during the request to register a pesticide or during the registration review process. The studies for which EPA may prepare a DER include product chemistry, toxicology, ecological effects, human...

On November 13, 2024, the U.S. Environmental Protection Agency (EPA) announced the release of its interim guidance and additional materials to support the regulatory community in implementing the requirements of the October 4, 2024, final rule for the Agricultural Worker Protection Standard (WPS) Application Exclusion Zone (AEZ) (2024 AEZ Rule). EPA also has created a Frequently Asked Questions (FAQ) document regarding the rulemaking, as well as a chart comparing the differences between the 2015...

On November 6, 2024, the U.S. Environmental Protection Agency (EPA) announced the release of updates to suggestions it provides to registrants when they develop benefits information for new conventional pesticide registrations and new outdoor uses of conventional pesticides. EPA states the updated document may assist registrants to ensure they submit useful and complete benefits-related information and thus save EPA’s review time for new pesticide registrations and outdoor uses. As background,...

The International Bar Association (IBA) Agriculture and Food Section (AFS) is pleased to present a webinar, “Cultivated meat: opportunities and challenges,” on November 14, 2024, spotlighting the considerable opportunities cultivated meat offers. Cultivated meat, also known as lab-grown or cell-based meat, introduces a groundbreaking approach to meat production, poised to tackle the challenges of traditional animal agriculture. During this event, presenters Maarten Van der Heijden, Food and...

On October 3, 2024, the U.S. Environmental Protection Agency (EPA) published a notice in the Federal Register announcing the availability of its progress report (Report) in meeting its performance measures and goals for pesticide reregistration during fiscal years (FY) 2020, 2021, and 2022. 89 Fed. Reg. 80558. Section 4(l) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) requires EPA to publish information about EPA’s annual achievements in this area. The Report discusses the...

On October 10, 2024, the U.S. Environmental Protection Agency (EPA) announced the release of interim guidance to expand the availability of virucidal claims for antimicrobial pesticides. This new guidance provides the framework for registrants who seek to make virucidal claims for antimicrobial products that meet the criteria for a bacterial disinfectant and/or sanitizer (e.g., household antimicrobial wipes and sprays) consistent with current test guidelines. EPA states that it intends to grant...

On September 30, 2024, Ya-Wei (Jake) Li, Deputy Assistant Administrator for Pesticide Programs at the U.S. Environmental Protection Agency (EPA), announced that he will be leaving EPA to take a position with the U.S. Department of Interior’s (DOI) Fish and Wildlife Service (FWS) as the Assistant Director for Ecological Services. This program is responsible for how the agency conserves endangered species and many other wildlife. Li was Deputy Assistant Administrator for Pesticide Programs for...