On Nov. 12, 2015, EPA issued a cancellation order for all previously registered Sulfoxaflor products. This cancellation order is in response to the Sept. 10, 2015, order of the Ninth Circuit Court of Appeals finding that EPA improperly approved the Federal Insecticide, Fungicide, and Rodenticide Act registrations of the pesticide sulfoxaflor; the court’s order became effective on Nov. 12.
Pursuant to EPA’s cancellation order, and beginning November 12, 2015, distribution or sale by the registrant of cancelled sulfoxaflor products is prohibited, unless such distribution or sale is for the purpose of disposal or export. Also, stocks of cancelled products held by persons other than the registrant may not be commercially distributed in the United States, but instead may be distributed only to facilitate return to the manufacturer or for proper disposal or lawful export. Use of existing stocks by end users is permitted provided such use is consistent in all respects with the previously-approved labeling for the product.
The Federal Food, Drug, and Cosmetic Act tolerances, also known as maximum pesticide residue levels for sulfoxaflor are not affected by either the court's decision or EPA’s cancellation order, so crops that have been properly treated with sulfoxaflor or that may be treated with existing stocks as described in the final cancellation order can still be sold legally.