On May 8, 2024, the U.S. Environmental Protection Agency (EPA), U.S. Department of Agriculture (USDA), and U.S. Food and Drug Administration (FDA) released a joint plan to identify areas of ambiguity, gaps, or uncertainty in...more
Background -
Under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), the U.S. Environmental Protection Agency (EPA or the Agency) must approve all pesticide product label language through the registration...more
The U.S. Environmental Protection Agency (EPA) officially reinstated all tolerances for chlorpyrifos on February 5, 2024, undoing a prior rule that had halted chlorpyrifos use on all food and feed commodities in early 2022....more
Key Takeaways -
• What Happened: EPA published an update on its work and plans as the October 1 registration review deadline approaches for many pesticides. Consistent with the governing statute, EPA confirmed that...more
On September 12, 2022, President Biden issued an Executive Order (EO) calling on his Administration to renew efforts to improve the clarity and efficiency of regulatory processes for biotechnology products. Launching a new...more
On June 30, 2022, the U.S. Environmental Protection Agency (EPA) Office of Inspector General (OIG) issued a report titled “Additional Internal Controls Would Improve the EPA’s System for Electronic Disclosure of Environmental...more
What Happened: EPA activated its Emerging Viral Pathogens guidance to permit limited claims that certain registered pesticides are effective against the monkeypox virus.
Who’s Impacted: Manufacturers and distributors of...more
Key Takeaways:
• What Happened: EPA has indefinitely extended its activation of the emerging viral pathogens guidance for antimicrobial pesticides, permitting registrants with a pre-qualified “emerging viral pathogen...more
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• What happened: EPA announced that it will retract the temporary amendments to Pesticide Registration (“PR”) Notice 98-10, originally issued by EPA in March 2020. These amendments were intended to provide...more
The U.S. Environmental Protection Agency (EPA) has historically used its civil enforcement authority under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) to pursue most penalties associated with the...more
Key Takeaways:
• What Happened: Citing recently revised CDC guidance suggesting that the risk of surface transmission of the SARS-CoV-2 virus is “generally considered to be low,” EPA announced that it is no longer...more
On February 5, 2021, EPA posted on its website updated Frequently Asked Questions (FAQs) in connection with its Audit Policy Program. EPA’s Audit Policy, first created in 1995, provides important incentives for regulated...more
Key Takeaways -
• What Happened: EPA issued revised draft guidance clarifying the types of plant biostimulant products and claims about such products that trigger regulation under FIFRA.
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What Happened: EPA settled with Electrolux for nearly $7 million in connection with the import of household appliances with antimicrobial-treated air filters that were not registered under the federal...more
Key Takeaways:
• What Happened: EPA announced a new and expedited review process for surface disinfectant products with residual anti-viral efficacy claims of up to 24 hours, as well as a new category of “supplemental”...more
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• What Happened: EPA finalized new procedures for issuing, identifying, and maintaining Agency guidance documents....more
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What Happened: EPA proposed to exempt certain biotechnology-derived plant-incorporated protectants (PIPs) from FIFRA registration and FFDCA tolerance requirements....more
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What Happened: EPA issued a FIFRA Section 18 emergency exemption to the state of Texas to allow certain limited uses of a surface coating with long-lasting disinfectant properties....more
Key Takeaways:
• What Happened: In a new Compliance Advisory, EPA emphasized that pesticides and pesticide devices may not make false or misleading claims to be effective against the novel coronavirus, and warned of...more
Summary -
Stakeholders in the regulated community have a unique but time-limited opportunity to petition the U.S. Environmental Protection Agency (EPA) and other federal agencies to either add or remove specific guidance...more
Manufacturers of certain disinfectants and food-contact surface sanitizers containing isopropyl alcohol (IPA) will now be able to use unregistered sources of that active ingredient and may change such sources by notification...more
Key Takeaways:
• What Happened: EPA announced an expansion of its expedited review process to now include new antimicrobial pesticide product applications and amendments requiring data review.
• Who’s Impacted:...more
During the COVID-19 pandemic, governments have recognized an urgent need to ensure effective surface disinfectants, hand sanitizers, and other products that can be used against SARS-CoV-2 are available to the public. While...more
New cleaning and disinfecting guidance released by the U.S. Environmental Protection Agency (EPA) on April 29, 2020 includes an unprecedented recommendation to the American public to use unregistered commodity substances for...more
A long-running dispute between the U.S. Environmental Protection Agency (EPA) and the Natural Resources Defense Council (NRDC) moved a step closer to resolution, with the Ninth Circuit U.S. Court of Appeals ordering EPA to...more