Tag Archives pesticide

Following the Environmental Protection Agency's 2021 final rule revoking tolerances for residues of the pesticide chlorpyrifos in food, the U.S. Food and Drug Administration's (FDA's) Center for Food Safety and Applied Nutrition has issued guidance for industry on how the agency will enforce the rule, which sets the expiration date for the tolerances as February 28, 2022. The guidance document is issued in the form of questions and answers; questions include "After the tolerances expire, is food containing residues of chlorpyrifos considered adulterated under the [federal Food, Drug and Cosmetic Act]?," "As an example, how would FDA respond to rutabagas with chlorpyrifos residues before and after the showing date?" and "As an example, how would FDA respond to canned rutabagas with chlorpyrifos residues before and after the showing date?" "There are two stages to our enforcement approach after February 27, 2022: (1) in Stage 1, we generally intend to exercise…

The European Food Safety Authority (EFSA) and the European Chemicals Agency (ECHA) have begun consultations seeking scientific evaluations of glyphosate. "The classification of chemicals is based solely on the hazardous properties of a substance and does not take into account the use or likelihood of exposure to the substance," the announcement notes. "Exposure is considered as part of the risk assessment of pesticide active substances, a process led by EFSA." Glyphosate is currently approved for use the European Union until December 2022, and EFSA and ECHA anticipate finalizing their conclusions "in the second half of 2022." Comments will be accepted until November 22, 2021.

A California federal court has dismissed a putative class action alleging that Mott's apple juices and applesauce are not "natural" as marketed because they contain trace amounts of pesticides. Yu v. Dr Pepper Snapple Grp. Inc., No. 18-6664 (N.D. Cal, entered October 6, 2020). The complaint was previously dismissed without prejudice, and the amended version contained the "same five causes of action" but "added two generic surveys to the allegations." The court examined the additional surveys but was unconvinced that they provided enough support to allow the case to move forward. "The 2015 Consumer Reports Survey arguably undermines, rather than supports, Plaintiff’s argument about the reasonable consumer’s interpretation of the word 'natural,'" the court held. "It states, 'Consumers were asked about their perception of the natural and organic labels. The organic food label is meaningful, is backed by federal regulations, and verified by third-party inspections; the natural label, however, is…

A California federal court has granted certification to a class of consumers who purchased honey from one of the brands produced by the Sioux Honey Association who believed the honey to be "pure" or "100% pure. Tran v. Sioux Honey Ass'n, No. 17-0110 (C.D. Cal., entered February 24, 2020). The plaintiff asserts that the honey is not "pure" because it contains traces of glyphosate. The court assessed the plaintiff's claims and found that they met the certification requirements of numerosity, commonality and typicality; further, she was found to be an adequate representative of the proposed class. Accordingly, the court certified a class of California residents who have purchased a Sue Bee honey product since January 2014.

A regulatory committee of the European Union has reportedly voted to prohibit the use of chlorpyrifos and chlorpyrifos-methyl. Member countries voted to withdraw authorization for the insecticide after January 31, 2020, after which companies will have three months to dispose of their stocks of chlorpyrifos. The vote follows an August 2019 determination by the European Food Safety Authority finding that chlorpyrifos has "no safe exposure level."

The California Environmental Protection Agency (CalEPA) has announced that “virtually all use of the pesticide chlorpyrifos in California will end” in 2020 “following an agreement between the Department of Pesticide Regulation (DPR) and pesticide manufacturers to withdraw their products.” The companies apparently agreed to end sales of chlorpyrifos by February 6, 2020, and growers will not be permitted to use or possess chlorpyrifos after December 31, 2020. Uses before that deadline “must comply with existing restrictions, including a ban on aerial spraying, quarter-mile buffer zones and limiting use to crop-pest combinations that lack alternatives.” “To ensure consistency for growers and for enforcement purposes, DPR is applying the terms and deadlines in the settlements to seven other companies that are not part of the settlement agreement but are subject to DPR’s cancellation orders,” CalEPA’s press release states.

California regulators have reportedly indicated that they will ban the pesticide chlorpyrifos following the Environmental Protection Agency's (EPA's) refusal to ban the substance. “We have to step into the void and take action where the federal government has failed to do so,” the head of the state's environmental agency reportedly told The Los Angeles Times. The announcement also follows a lawsuit filed by California and five other states challenging EPA's decision. In Europe, the approval period for chlorpyrifos ends in January 2020, and the European Food Safety Authority has indicated—without issuing a formal decision—that it has "identified concerns about possible genotoxic effects as well as neurological effects during development, supported by epidemiological data indicating effects in children," according to a press release. "This means that no safe exposure level—or toxicological reference value—can be set for the substance."

The Environmental Protection Agency (EPA) has reportedly rejected efforts to ban chlorpyrifos, finding that "the data available are not sufficiently valid, complete or reliable to meet petitioners' burden to present evidence demonstrating that the tolerances are not safe." The decision follows a 2015 ban and 2017 reversal, which prompted legal challenges. EPA will reportedly continue to review the safety of chlorpyrifos through 2022.

The U.S. Environmental Protection Agency (EPA) has affirmed its previous opinions finding that "there are no risks to public health when glyphosate is used in accordance with its current label and that glyphosate is not a carcinogen." “EPA has found no risks to public health from the current registered uses of glyphosate,” EPA Administrator Andrew Wheeler said in a press release. “Today’s proposed action includes new management measures that will help farmers use glyphosate in the most effective and efficient way possible, including pollinator protections. We look forward to input from farmers and other stakeholders to ensure that the draft management measures are workable, realistic, and effective.” Meanwhile, the New York legislature has passed a ban on chlorpyrifos that would take effect January 1, 2020. After that date, aerial application of the pesticide would be prohibited; after January 1, 2021, all use of the pesticide would be prohibited except for…