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Pesticide News Story: Spirotetramat – Notice of Cancellation Order; Opportunity for Public Comment on Existing Stocks Provision

For Release: January 26, 2010

EPA intends to issue a cancellation order for the pesticide spirotetramat pursuant to section 6(a)(1) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). A comment period is now open on the existing stocks provisions of the planned cancellation order. Comments must be received on or before February 8, 2010.

On December 23, 2009, the U.S. District Court for the Southern District of New York vacated all registrations issued by EPA for pesticide products containing the active ingredient spirotetramat. The basis for the Court’s decision was EPA’s failure to provide an opportunity for comment on the applications for those registrations before the Agency granted them. The vacatur is currently stayed until February 16, 2010; when the stay is lifted, the spirotetramat registrations will cease to be valid under FIFRA. When that happens, EPA intends to issue a cancellation order that will establish provisions governing the disposition of existing stocks of previously registered spirotetramat pesticide product already in the channels of trade (e.g., in the hands of wholesalers, retailers, and users). EPA is providing an opportunity for interested parties to comment on how they believe EPA should treat the sale, distribution, and/or use of existing stocks of spirotetramat in the cancellation order.

Due to the short time before vacatur of the registrations will take effect, EPA is publishing this notice on its Web site (6pp, 109 KB, About PDF) rather than through publication in the Federal Register. Submit comments on the existing stocks provisions by email to Meredith Laws (Laws.Meredith@epa.gov). Comments must be received by February 8, 2010. Because of the need to consider the comments quickly in order to issue a cancellation order as early as February 16, 2010, EPA requests that you not submit any material that must be treated as confidential business information (CBI). If a commenter finds it essential to submit a comment that contains CBI, please contact Meredith Laws by email, or by phone at (703) 308-7038. Any other questions should also be directed to Ms. Laws by email or phone.

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