Federal Register Notice Announces Voluntary Cancellation Of All Product Registrations For Fenamiphos

(Of course, Bayer gets 5 years to continue to manufacture and sell this dangerous poison.)

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        Subject:     IN THIS EPA UPDATE
            Date:     Tue, 22 Oct 2002 10:20:34 -0400
           From:     Stephen Tvedten <steve@getipm.com>
Organization:     Get Set Inc. (www.getipm.com)

To:     Paul Helliker <phelliker@cdpr.ca.gov>
          Director, State of California, Department of Pesticide Regulation 

cc:    Christine Whitman whitman.christine@epa.gov

IN THIS EPA UPDATE:

FEDERAL REGISTER NOTICE ANNOUNCES VOLUNTARY CANCELLATION OF ALL PRODUCT REGISTRATIONS FOR FENAMIPHOS

On Friday, September 27, 2002, EPA published in the Federal Register a notice announcing the request for voluntary cancellation of all product registrations for fenamiphos, effective as of  May 31, 2007.  EPA intends to grant the request for voluntary cancellation for fenamiphos provided no adverse comments are received during the public comment period.  Comments on the requested registration cancellations, identified by docket ID number OPP-0169, must be submitted to the docket and received on or before October 28, 2002.

As part of the interim reregistration eligibility decision (IRED) process, the Agency assessed human health and ecological risks associated with the use of the organophosphate (OP) pesticide, fenamiphos.  Based on the risk assessments, the Agency identified additional data requirements to better characterize risks, as well as other measures that need to be implemented to mitigate risks of concern. Rather than committing to develop the additional data, the registrant decided to request voluntary cancellation of all their registrations for products containing fenamiphos.

In conjunction with the request for voluntary cancellation, Bayer Corporation has submitted revised labels to the Agency to implement the risk mitigation measures and changes to the product labels identified in the fenamiphos IRED document.  Additionally, Bayer has agreed to amend their existing fenamiphos product registrations to:

• Prohibit all use and formulation for use on extremely vulnerable soils after May 31, 2005;
• Cap production at 500,000 pounds for fenamiphos manufacturing-use products in the United States for the year ending May 31, 2003; and
• Cap production for each subsequent year at 20% of the previous year's production during the 5-year phase out period.

As of May 31, 2007, all sale and distribution by Bayer, the sole registrant, of existing stocks (manufacturing-use and end-use products), shall be prohibited. Persons other than the registrant may sell and distribute such products until May 31, 2008. Use of stocks in the channels of trade may continue until depleted, except where prohibited by the label. Any distribution, sale, or use of existing stocks after the effective date of the cancellation order that the Agency intends to issue that is not consistent with the terms of that order will be considered a violation of section 2(a)(2)(K) and/or 12(a)(1)(A) of FIFRA.

Additional information on fenamiphos is available on EPA's website at http://www.epa.gov/pesticides/op/status.htm. The Federal Register notice is available from EPA's website at http://www.epa.gov/fedrgstr .

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