On Thursday, November 12, EPA issued a cancellation order for sulfoxaflor-containing products in response to a September 10th Ninth Circuit Court of Appeals ruling "vacating product registrations. The following is Dow AgroSciences' comment on that action.
As a result of the extensive data currently available on sulfoxaflor, Dow AgroSciences expects the pollinator protection concerns expressed in a recent Ninth Circuit Court of Appeals decision (September 10) to be readily and thoroughly addressed by EPA through further review of scientific data, supporting pressing grower needs for protection against destructive crop pests with renewed U.S. registrations of sulfoxaflor-containing products.
Four full years of widespread U.S. product use – with additional use in Canada, Australia and other nations – have demonstrated excellent sulfoxaflor performance worldwide with no noted adverse effects on pollinators.
Registrations outside the U.S. of sulfoxaflor-containing products should not be impacted by this decision. U.S. tolerances for sulfoxaflor are similarly unaffected.
As part of its recent action, EPA has issued an existing stocks provision allowing growers to use sulfoxaflor-containing products they have in hand consistent with directions on the pre-existing product label. Dow AgroSciences is, however, disappointed with EPA's existing stocks provision which effectively removes a critical tool from the American grower by not allowing existing inventories of sulfoxaflor-containing products to be sold and distributed to end-users while EPA considers its next steps.
Dow AgroSciences remains confident in the benefits offered by this new class of insecticides and will work diligently with EPA and States to achieve new registrations for these important products to support the American grower.
Dow AgroSciences notes that contrary to misrepresentations circulated by pesticide opponents, sulfoxaflor is a sulfoximine-class insecticide, not a neonicotinoid, a distinction clearly established by the Insecticide Resistance Action Committee (IRAC) and published in the open scientific literature.