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Another update on sulfoxaflor
Story Date: 11/16/2015
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Source: DOW AGROSCIENCES, 11/3/15
Friends-
On November 12, 2015, EPA cancelled the registrations of sulfoxaflor-containing products, as required in a September 10, 2015, decision by the Ninth Circuit Court of Appeals. The court determined that EPA did not have sufficient data to unconditionally register these products at the labeled rates. The cancellation affects Transform® WG, Closer® SC, XXpire® WG, Seeker™ and Sequoia™ insecticide products, which contain sulfoxaflor.
EPA’s cancellation order addresses the distribution, sale and use of product in the channels of trade and product held by growers. EPA will:
(1) Allow continued use of existing stocks of the products already in the hands of end users, provided that users comply with the terms of the preexisting label, and
(2) Limit the distribution or sale of existing stocks only for the purposes of facilitating the return of material to the manufacturer, proper disposal, or lawful export.
Dow AgroSciences is disappointed that EPA’s existing stocks provision does not allow inventory in the channel to be sold and applied according to the terms of the preexisting label. This decision is removing a critical tool from the American grower.
Dow AgroSciences will work diligently with EPA and States to achieve new registrations as quickly as possible for these important products for the American grower.
Please see below for some additional information. And, if you have future questions about this action, please don’t hesitate to let me know. Questions for EPA should be directed to Meredith Laws at (703) 308-7038.
Thanks,
Megan
Megan J. Provost
Dow AgroSciences
State Government Affairs
Mobile: (202) 573-3393
Email: mprovost@dow.com
What should distributors and dealers do with their existing inventory of sulfoxaflor?
At this time there is nothing that a distributor or dealer need to do with their inventory. This is not a product recall, and Dow AgroSciences will work diligently with the EPA and States to achieve new registrations. Sulfoxaflor products should not be returned in Dow AgroSciences distributor package/product exchanges.
Product in the grower’s possession can be used according to the current label. There is no deadline for this product to be applied by the grower. If the labels are not renewed in time to make applications next season, Dow AgroSciences provide additional product management details.
Is sulfoxaflor now banned in the US?
No, sulfoxaflor has not been banned. The EPA is following a regulatory process to comply with the Court order that the unconditional registration of sulfoxaflor be vacated. That process starts with a cancellation order, which re-sets the registration process and could allow EPA do such things as further evaluate existing data, request new data, and approve a new registration. If additional data is requested by EPA, Dow AgroSciences will of course provide the necessary information.
Does this decision impact ability to sell crops treated and yet to be sold? What is the impact on tolerances?
No. Crop tolerances/MRLs established for sulfoxaflor will remain in place.
What is impact to current and future Emergency Exemptions under FIFRA Section 18s?
Current Section 18s remain in effect until they expire. States may continue to apply for future Section 18s, and approval is at the discretion of EPA.
What is impact to current and future FIFRA Section 24(c) Special Local Need registrations, such as California?
24(c) labels will be cancelled as they are linked to the Section 3 label. No new 24(c)s will be issued until a new registration is established.
What is impact to pending sorghum and alfalfa Section 3 label additions?
EPA will not be adding any new uses at this time. As a part of future registration discussions Dow AgroSciences will request adding these important crops to the Section 3 label. In the interim, states may submit Section 18s for these or other crops at their discretion.
Why does the court call sulfoxaflor a neonicotinoid or a subclass of neonicotinoids?
The Court mischaracterized sulfoxaflor as a subclass of neonicotinoids. IRAC has clearly differentiated neonicotinoids (4A) and sulfoximines (4C) (including sulfoxaflor) as subclasses of nicotinic acetylcholine receptor (nAChR) agonists. The subclass mischaracterization in the opinion is without legal effect as chemical structure was not at issue before the court.
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