Following up on my brief statement at the North Central integrated Pest Management Center (NCIPMC) Stakeholder Panel meeting in October (and my posting here later that month), here is the latest on the sulfoxaflor cancellation. Sulfoxaflor is an active ingredient in several products from Dow AgroSciences, including Closer®SC, Transform®WG, TwinGuard®WG, and GF-2860 Ornamental.
On Nov. 12, 2015, EPA issued a cancellation order for all registered sulfoxaflor products. This cancellation order is in response to the order of the Ninth Circuit Court of Appeals (dated Sept. 10, 2015) finding that EPA improperly approved the FIFRA registrations of the pesticide sulfoxaflor; the Court’s order became effective on Nov. 12.
As a result, and beginning Nov.r 12, 2015, distribution or sale by the registrant (Dow) of cancelled sulfoxaflor products is prohibited, except for the purpose of disposal or lawful export. In addition stocks of cancelled products held by persons other than the registrant may not be sold or commercially distributed in the United States, except 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. [emphasis added]
Tolerances, that is, the 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. [emphasis added]
All sulfoxaflor product registration are now considered pending at the EPA Office of Pesticide Programs. Dow AgroSciences may decide to amend their registration application for different uses (i.e., crops where toxicity to bees is of less concern), or supply additional information on the products effects on bees.
More information, including a copy of the cancellation order, is available at this site.