The Environmental Protection Agency intends to issue a cancellation order for the pesticide spirotetramat pursuant to section 6(a)(1) of the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA). A comment period is now open on the existing stocks provisions of the planned cancellation order. Comments must be received on or before Feb. 8.
On Dec. 23, the U.S. District Court for the Southern District of New York vacated all registrations issued by EPA for pesticide products containing the active ingredient spirotetramat. The basis for the court's decision was EPA's failure to provide an opportunity for comment on the applications for those registrations before the agency granted them. The vacatur is currently stayed until Feb. 16; when the stay is lifted, the spirotetramat registrations will cease to be valid under FIFRA. When that happens, EPA intends to issue a cancellation order that will establish provisions governing the disposition of existing stocks of previously-registered spirotetramat pesticide product already in the channels of trade (e.g., in the hands of wholesalers, retailers, and users). EPA is providing an opportunity for interested parties to comment on how they believe EPA should treat the sale, distribution, and/or use of existing stocks of spirotetramat in the cancellation order.