PESTICIDE BRIEFS 2002 Archive:
12/12/02
10/01/02
7/31/02
5/10/02
6/25/02
4/3/02
2/13/02

PESTICIDE BRIEFS (12/12/02) 

CONTENTS:
NATIONAL NEWS
     PESTICIDE LABEL CHANGES
          (1)   NEW HANDLING PROCEDURE FOR LINDANE SEED TREATMENTS
          (2)   NEW APPLICATION RESTRICTIONS FOR METHAMIDOPHOS (MONITOR)
          (3)   VOLUNTARY CANCELLATION OF FENAMIPHOS (NEMACUR)
          (4)   OXYFLUORFEN (GOAL) REREGISTRATION ELIGIBILITY DECISION DOCUMENT
          (5)   RESTRICTIONS TO ENDOSULFAN (THIODAN, PHASER) APPLICATIONS - COMMENT
               DEADLINE 1/6/03 
     POLICY CHANGES
          (6)   MOSQUITO CONTROL APPLICATIONS MAY NEED A CLEAN WATER ACT PERMIT
     FOOD FOR THOUGHT
          (7)   CAN PLANT-INCORPORATED PROTECTANTS REPLACE OP’s?
     CONSUMER INFORMATION
          (8)    LABEL INSTRUCTIONS TIGHTENED ON FLEA & TICK CONTROL PRODUCTS FOR PETS
          (9)    EPA ORDERS COMPANIES TO STOP MARKETING UNREGISTERED ANTHRAX
                 DECONTAMINATION PRODUCTS 
          (10)  EPA ORDERS TWO COMPANIES TO STOP MARKETING INEFFECTIVE HOSPITAL
                 DISINFECTANT PRODUCTS
THE LOCAL SCENE
         (11)   PESTICIDE INFORMATION NETWORK ADVISORY COMMITTEE MEETS IN DOVER

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(1)  NEW HANDLING PROCEDURE FOR LINDANE SEED TREATMENTS
     EPA has identified risk mitigation measures (see below) to address the human health and ecological risks associated with lindane seed treatments.  These currently registered treatments would be eligible for reregistration if the registrants make certain changes and provide the required data, and if EPA is able to establish all required tolerances for residues of lindane in food.  EPA has published a Reregistration Eligibility Decision (RED) at http://www.epa.gov/oppsrrd1/REDs/factsheets/lindane_fs.htm .  This document includes guidance and time frames for complying with any label changes for products containing lindane.

Risk Mitigation Measures:

  • On-farm treatment of wheat, barley, oats, and rye with the lindane dust formulation is prohibited.
  • Maximum application rate for corn is reduced to 0.0558 lb ai/100 lb seed.
  • Workers must wear double layer clothing (coveralls over long-sleeved shirt and long pants, chemical-resistant footwear), chemical-resistant gloves, and a dust/mist respirator for on-farm treatment of corn and sorghum seeds only with the dust formulation.
  • A 24-hour REI is necessary for all seed treatment uses.
  • All lindane end-use product labels must specify a 30-day plantback interval for leafy vegetables and a 12-month plantback interval for all other unregistered crops.  The registrant may also conduct a confined accumulation of rotational crops (OPPTS 860.1850) study to show that these plantback intervals can be reduced.
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(2)  NEW APPLICATION RESTRICTIONS FOR METHAMIDOPHOS (MONITOR)
      EPA has determined that methamidophos (Monitor) is eligible for reregistration, pending a full reassessment of the cumulative risk from all OP pesticides, and provided that certain risk mitigation measures (see below) are met. Details can be found at: http://www.epa.gov/oppsrrd1/REDs/factsheets/methamidophos_ired_fs.htm .  Methamidophos, an OP, is effective against a wide variety of chewing and sucking insects in a diverse array of commodities.

The following mitigation measures are required for methamidophos:

To mitigate occupational risks to agricultural handlers: 

  • Applicators must be in an enclosed cab tractor or enclosed cockpit. 
  • Flaggers must be in enclosed vehicles, mechanical flaggers must be used, or global positioning system (GPS) equipment that negates the need for flaggers for aerial application must be used. 
To mitigate occupational risks to post-application agricultural workers: 
  • For tomatoes, increase Restricted Entry Intervals (REIs) for all activities to 4 days in all states except California, where the REI will remain at 3 days per the current labels. 
  • For potatoes, increase REIs for all activities to 4 days. 
To mitigate ecological risks to terrestrial birds and mammals, and to freshwater and estuarine invertebrates: 
  • For tomatoes, reduce the maximum number of applications to 4 per season. 
  • Next Steps:  Once EPA has considered the cumulative risks of the OP pesticides, the Agency will issue its final tolerance reassessment decision for methamidophos and may need to pursue further risk management measures.
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    (3)  VOLUNTARY CANCELLATION OF FENAMIPHOS (NEMACUR)
         On Friday, September 27, 2002, EPA published in the Federal Register a notice announcing the request for voluntary cancellation of all product registrations for fenamiphos (Nemacur), effective as of  May 31, 2007.  EPA intends to grant the request for voluntary cancellation for fenamiphos provided no adverse comments are received.  Fenamiphos is an OP used to control nematodes in a variety of crops.

        In conjunction with the request for voluntary cancellation, Bayer Corporation has agreed to amend their existing fenamiphos product registrations to:

    • Prohibit all use and formulation for use on extremely vulnerable soils after May 31, 2005
    • Cap production at 500,000 pounds for fenamiphos manufacturing-use products in the United States for the year ending May 31, 2003
    • Cap production for each subsequent year at 20% of the previous year's production during the 5-year phase out period.
         As of May 31, 2007, all sale and distribution by Bayer, the sole registrant, of existing stocks (manufacturing-use and end-use products), shall be prohibited. Persons other than the registrant may sell and distribute such products until May 31, 2008. Use of stocks in the channels of trade may continue until depleted, except where prohibited
  • by the label. Any distribution, sale, or use of existing stocks after the effective date of the cancellation order that EPA intends to issue that is not consistent with the terms of that order will be considered a violation.  Additional information on fenamiphos is available on EPA's website at http://www.epa.gov/oppsrrd1/op/fenamiphos.htm . The Federal Register notice is available from EPA's website at http://www.epa.gov/fedrgstr .
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    (4)  OXYFLUORFEN (GOAL) REREGISTRATION ELIGIBILITY DECISION DOCUMENT 
         On October 30, 2002, EPA published a Federal Register notice announcing the availability of the Oxyfluorfen (Goal) Reregistration Eligibility Decision (RED).  Oxyfluorfen is a selective pre- and post-emergent contact herbicide used to control certain annual broadleaf and grassy weeds in vegetables, fruit, cotton, ornamentals, and on non-crop areas (e.g. rail- and highway right-of-ways).  The RED represents EPA's formal regulatory assessment of the health and environmental database of oxyfluorfen and presents EPA’s determination regarding which pesticidal uses are eligible for reregistration.  The database to support the reregistration of oxyfluorfen is substantially complete, and the risks have been mitigated so that it will not pose unreasonable risks to people or the environment when used according to its approved labeling.  Oxyfluorfen also has been found to meet the FQPA safety standard.  The Oxyfluorfen (RED) and related documents are available on EPA's website at
  • http://www.epa.gov/oppsrrd1/reregistration/oxyfluorfen/ .
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    (5)  RESTRICTIONS TO ENDOSULFAN (THIODAN, PHASER) APPLICATIONS - COMMENT DEADLINE 1/6/03
         On November 6, 2002, EPA published a Federal Register notice announcing the availability of the Endosulfan (Thiodan, Phaser) Reregistration Eligibility Decision (RED) and inviting public comment until January 6, 2003. The RED document represents EPA's formal regulatory assessment of the health and environmental data base for endosulfan, and presents EPA’s determination regarding which uses of this pesticide are eligible for reregistration.

         An organochlorine insecticide and acaricide, endosulfan is used on a variety of fruits, vegetables, cereals, and cotton, and on ornamental plants in commercial agricultural settings. EPA has determined that dietary, occupational, and ecological risks exceed levels of concern, and has identified mitigation measures to reduce these risks, including:

    • canceling use on succulent beans, succulent peas, grapes, pecans, and spinach
    • reducing maximum application rates and numbers of applications allowed per season
    • establishing a 100-foot setback for ground applications and a 30-foot vegetative buffer between treated areas and water bodies
    • requiring water soluble bags for all wettable powder (WP) formulations
    • deleting some uses from WP product labels
    • deleting aerial application to some crops from WP product labels
    • requiring closed mixing/loading systems for aerial applications of the emulsifiable concentrate formulation for some uses
    • requiring closed cabs for all airblast applications except to ornamental trees/shrubs.
         Additional mitigation measures may be warranted following the completion of a stakeholder process, which will be conducted to further address ecological risks, especially risks to aquatic organisms in vulnerable areas.

        Assuming that the risk mitigation measures summarized above are adopted by registrants, endosulfan will be eligible for reregistration. Tolerances for endosulfan food uses that will remain following mitigation identified in the RED have been found to meet the FQPA safety standard.

        Comments identified by docket identification number OPP-2002-0262 must be received on or before January 6, 2002.  If any comment significantly affects the RED, EPA will amend the RED by publishing the amendment in the Federal Register.  The Endosulfan RED and related documents are available on EPA's website at
    http://www.epa.gov/oppsrrd1/reregistration/endosulfan/ . The Federal Register notice is available at

  • http://www.epa.gov/fedrgstr/EPA-PEST/2002/November/Day-06/ .  Let me know if you need help submitting your comments.
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    (6)  MOSQUITO CONTROL APPLICATIONS MAY NEED A CLEAN WATER ACT PERMIT
         A federal appeals court ruled that the aerial spraying of pesticides into U.S. waters requires a Clean Water Act permit, potentially extending controversial permit requirements on the use of herbicides and other chemicals in irrigation channels and mosquito control efforts.

       The ruling may complicate efforts by the Bush administration and congressional Republicans to ensure that federal pesticide law, not the Clean Water Act, is the governing statute in cases where pesticides and herbicides are applied to water. The ruling may also underscore fears raised by mosquito sprayers and other users of aquatic chemicals that EPA plans to limit Clean Water Act permit requirements may not ward off citizen suits contesting the pesticide usage.
     

  •    The U.S. Court of Appeals for the 9th Circuit ruled in League of Wildlife Defenders, et al. v. Forsgren, et al. Nov. 4 that the U.S. Forest Service (USFS) was unlawfully spraying insecticide into national forests in Washington and Oregon without the necessary clean water permits.  In the suit, USFS officials conceded they were spraying pesticides directly into rivers and other water bodies. But they argued, based on an EPA regulation, that the discharge was a silvicultural nonpoint source, and therefore outside the jurisdiction of the CWA.  However, the court rejected USFS' arguments. "The insecticides at issue meet the definition of 'pollutant' under the Clean Water Act, and Forest Service aircraft spray these insecticides directly into rivers, which are waters covered by the Clean Water Act.”
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    (7)  CAN PLANT-INCORPORATED PROTECTANTS REPLACE OP’s?
         The minutes from a federal advisory panel meeting on Monsanto's new Bt corn root worm pesticide product was released this week and posted on EPA's Web site at http://www.epa.gov/scipoly/sap/2002/index.htm#august In August 2002, the FIFRA Scientific Advisory Panel (SAP) held a public meeting to discuss Corn Root Worm Plant-Incorporated Protectant Insect Resistance Management and Non-Target Insect Issues.  This Plant-Incorporated Protectant (PIP) product could potentially replace OP’s, carbamates, and other conventional chemical pesticides used to control a significant insect pest.  PIPs are pesticidal substances that plants produce from genetic material or proteins added to the plant.  The genetic material - not the plant itself - is regulated by EPA. 
     
  •      The corn root worm larva feeds on corn roots and reduces the plant's ability to absorb water and nutrients.  Growers can suffer significant financial losses from decreases in production and the cost of chemical insecticides used to control this insect pest.  Major issues discussed in the report involve insect resistance management and non-target insects.  The Office of Pesticide Programs will review additional data received after the advisory panel meeting and consider the extensive public comments before proposing a decision on the registration application from Monsanto.
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    (8)  LABEL INSTRUCTIONS TIGHTENED ON FLEA & TICK CONTROL PRODUCTS FOR PETS
          Due to safety concerns stemming from use of two flea and tick control products for cats and kittens, EPA is announcing that the Hartz Mountain Corp. has agreed to enact measures to reduce potential risks to pets from using these products.  Under this agreement, Hartz has ceased sale and distribution of, and will implement a product recovery, label improvement and consumer education program for two pesticide products, Hartz Advanced Care Brand Flea and Tick Drops Plus for Cats and Kittens (EPA Reg. No. 2596-148) and Hartz Advanced Care Brand Once-a-Month Flea and Tick Drops for Cats and Kittens (EPA Reg. No.2596-151).  Hartz is required to recover, repackage and re-label currently available stock.  EPA sought this agreement due to concerns over safety issues based on thousands of adverse effects incidents investigated by EPA.
     
  •      The relabeled products, which will start appearing on store shelves over the next several months, will include stronger precautionary statements and use directions.  Under the revised use directions, application of the products will be limited to a single spot applied on the back of the animal's  head, thus reducing likelihood that the cat will lick and ingest the chemical.  The new labels will also direct users to consult with a veterinarian before use of these products on debilitated, aged, medicated, pregnant or nursing animals or animals known to be sensitive to pesticides.  These new labels further advise that cats should be monitored carefully after application of the product and if any adverse symptoms are observed, the animal should be washed immediately with mild soap and rinsed with water and evaluated by a veterinarian.  EPA is also requiring Hartz to conduct a consumer education program, which will include a web site, direct mail campaign to pet owners, pet stores and veterinarians on the new safety improvements.  If consumers choose to return either of the two Hartz products, the company is expected to exchange it for the relabeled product or refund the purchase price.  The company is also required to improve labeling on individual tubes of the affected products to help ensure consumers are using them correctly.  To continue to carefully evaluate safety concerns for cats, EPA is also requiring Hartz to submit an additional animal safety study conducted by an independent laboratory and to submit additional quarterly reports specific to cats, summarizing allegations of toxic or adverse incidents.  For specific information regarding the product recovery and label improvements, consumers may contact Hartz by calling 1-800- 275-1414.  More information on this action is available at: http://www.epa.gov/pesticides/citizens/hartzq_a.htm   or via the National Pesticide Information Center (NPIC) at 1-800-858-7378,  or email the NPIC at:  npic@ace.orst.edu.
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    (9)  EPA ORDERS COMPANIES TO STOP MARKETING UNREGISTERED ANTHRAX 
                DECONTAMINATION PRODUCTS 
         EPA issued a stop-sale order to both Aerotech Laboratories Inc., Phoenix, Ariz., and American Security and Control Inc., Falls Church, Va., to cease advertising and selling their respective products which allegedly protect against anthrax.  The companies both marketed their unregistered pesticides over the Internet.  EPA has no pesticides registered for the control of anthrax. 

        On Sept.28, EPA ordered Aerotech to stop selling the unregistered pesticide, Modec Decon Formulation (MDF).  The company included MDF in its supposed "Bioterrorism Response Kit."  The label claimed the pesticide,"Decontaminates & Mitigates Chemical & Biological Weapons Agents"
     

  •      EPA also issued a stop-sale order on Sept. 30 to American Security for marketing "Easy DECON Spray" which the company promoted as a "personal incident anthrax and biological and chemical decontamination sprayer."  In addition, the stop sale order included two other unregistered products the company advertised on the Internet, "Anthrax and Biological Decontamination System, and the "Anthrax and other Biologicals Decontaminant Killer Solution."  The company inaccurately claimed the pesticide had received EPA approval.
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    (10)  EPA ORDERS TWO COMPANIES TO STOP MARKETING INEFFECTIVE HOSPITAL 
                  DISINFECTANT PRODUCTS
  •       EPA has ordered two companies to stop selling and distributing an ineffective hospital disinfectant and tuberculocide.  Both Biospan Technologies Inc. (Biospan) of Washington, Mo., and Infection Control Technologies (ICT) of Woods Cross, Utah, were asked to recall all quantities of this product from the marketplace.  The product, BI-ARREST 2, is produced and distributed by ICT and the primary registration is held by Biospan under the product name, "Dow Liquid Disinfectant Formulation 2A."  Because BI-ARREST 2 was found to be ineffective, its continued use to control microorganisms in operating rooms, emergency rooms and other public health situations may pose a serious risk to the public.  On Nov. 15, EPA ordered the companies to stop selling the misbranded pesticide.  The label contained statements that the product was effective against the microorganisms Pseudomonas aeruginosa and Mycobacterium tuberculosis.  EPA testing proved these claims to be false.  EPA laboratories routinely test tuberculocides and hospital disinfectant products to ensure products marketed to the public protect public health providers, consumers and others who rely on EPA's registration of these products as evidence they work as claimed on the label.  Selling or distributing a misbranded pesticide product is prohibited under the FIFRA, which provides that a pesticide is misbranded if its labeling bears any statement that is false or misleading.  Misbranding includes a false or misleading statement concerning the effectiveness of the product as a pesticide.
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    (11) PESTICIDE INFORMATION NETWORK ADVISORY COMMITTEE MEETS IN DOVER
         The 2002 meeting of the Advisory Committee for the Mid-Atlantic Information Network for Pesticides and Alternative Strategies - DE was held on November 26 at the Kent County Extension Office.  The Delaware Information Network is part of the NE Pest Management Center and operates under a grant from the Center.  The purpose of the Information Network is to promote informed regulatory decisions on registered pesticides.  Emphasis is placed on decisions related to the Food Quality Protection Act (FQPA).   Whitney presented the history and funding of the Information Network.  The route from NAPIAP to Pest Management Centers was explained.  Discussion on the relationship of the Delaware Network to the Mid-Atlantic Network and to the NE Center was held.

         Whitney presented a slide show on Pesticide Registrations which emphasized the differences FQPA has made to registration procedures.  Edith Lurvey from Cornell University at Geneva, gave a presentation on the IR-4 Minor Crop Program.  A lively discussion on the problem with soybean mites in Delaware was held.  Lurvey asked to be informed of needs in the state.  The “Pesticide Briefs” web page was discussed and suggestions for improvement were made (listed below). 

         Discussion after lunch centered on future commodities for Crop Profiles and Pest Management Strategic Plans (PMS Plans).  Crop Profiles are descriptions of crop production and pest management recommendations compiled by extension and research specialists.  Kid’s Foods have the highest priority for Crop Profiles.  Delaware’s Crop Profiles can be found at:  http://pestdata.ncsu.edu/cropprofiles/pmcplist.cfm?org=state&USDARegion=Northeastern

         PMS Plans are developed by growers, commodity associations, land-grant specialists, food processors, crop consultants, and EPA.  The plans address pest management needs and priorities for individual commodities.  Each plan focuses on commodity production in a particular state or region. The plans take a pest-by-pest approach to identifying the current management practices (chemical and non-chemical) and those under development. Plans also state the commodity's priorities for research, regulatory activity, and education/training programs needed for transition to alternative pest management practices.  The first PMS Plan for Delaware will be on lima beans.  It will be written in 2003.

        Commodities discussed by the committee were: green peppers; carrots; cucumbers and pickles; greens; strawberries; cantaloupe and pumpkin; soybeans; and dry beans.  Committee members pointed out that green pepper is not a Kid’s Food, carrots may come back and cucumbers may explode with the new processor.  Whitney explained that USDA will not consider grant requests under Crops At Risk or RAMP unless the requesting state has completed a Pest Management Strategic Plan.

    The  Committee recommended:

    • An Advisory Committee should be established for the Mid-Atlantic Information Network to solidify the five states in the region.
    • The Delaware Department of Agriculture Pesticide Administrator, Grier Stayton, should notify Whitney when Section 18's and 24C’s are established.  Whitney should notify the Mid-Atlantic Information Network Leader, George Hamilton, who will post the information on the region’s web site.
    • Pesticide Safety Education sessions (formerly Pesticide Applicator Training) should include an on-line lesson in how to use the “Pesticide Briefs” web page.
    • Whitney should print a post card with directions for getting on the e-mail list for notification of new postings of “Pesticide Briefs.”  Whitney should provide extension staff and the Delaware Department of Agriculture with a supply of the post card.  The post card will be distributed at grower meetings and added to pesticide applicator mailings made by the Department of Agriculture.
    • Key members of commodity groups should be added to the e-mail list for notification of new postings of “Pesticide Briefs.”
    • Articles on the “Pesticide Briefs” home page should be grouped by category and placed under descriptive headings.  Titles of articles should be more descriptive.  A category, “Local Scene,” should be added to complement the national news.  Decisions of the Information Network Advisory Committee could be included in the Local Scene category.
         The next Advisory Committee meeting will be held in November ‘03.  Commodities for Crop Profiles and Pest Management Strategic Plans will be discussed.  The Committee will assist in evaluation of the Information Network.  Members attending 11/26 were: Richards, Purnell, Petitt, Stayton, Towle, Johnson, Whalen, Walker and Whitney.  Edith Lurvey was an invited guest.  Members absent were: Bryan, Chorman, Winkler, Townsend, Kee, Wootten, VanGessel, and Mulrooney.  Absent members expressed interest in being informed of the activities of the Committee and reviewing documents.
     
  •     For more information on the Information Network, go to:  http://www.udel.edu/pesticide/midatlantic.htm .  To make comments on Crop Profiles or Pest Management Strategic Plans, contact Whitney at  swhitney@udel.edu .
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