EPA Activity Concerning Pesticides

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In September, EPA issued a pair of actions targeting the presence of PFAS in pesticides and certain packaging used for pesticides.

First, EPA issued a proposal to remove twelve different PFAS chemicals from the current list of inert ingredients approved for use in pesticide products, pursuant to the direction provided to the agency by the PFAS Roadmap. According to EPA, none of the twelve chemicals poised for removal from the current list are in use by pesticide manufacturers today. Any comments on the proposal must be received by October 13, 2022.

Second, EPA completed a study to test the leaching potential of PFAS over a specific time into test solutions packaged in different brands of high-density polyethylene (“HDPE”) containers (used for pesticides and certain other products) containing PFAS. This study found that certain HDPE containers could leach PFAS into products, including water-based products. Based on these results, EPA urged companies using HDPE containers to examine potential sources of contamination.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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