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Comments Sought on Compliance Requirements Related to Production of Plant-Incorporated Protectants
Current as of: March 1, 2007
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Plant-incorporated protectants (PIPs) are pesticidal substances that are primarily distinguished from other types of pesticides because they are intended to be produced and used in the living plant. Other types of pesticides are primarily produced in a facility and used through physical application, e.g., spraying or dusting of the plant.
Since PIPs were not defined when the existing regulations associated with pesticide establishments and pesticide production were promulgated, the existing regulations may not adequately address this distinction. In general, EPA’s experience with PIPs is that they present different and potentially lower risk situations compared to chemical pesticides. However, EPA needs to ensure that appropriate PIP production data are available to manage any potential risk a PIP might pose.
The Agency is therefore considering amending the current Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) regulations associated with pesticide establishments and pesticide production to better address PIPs and PIP production given the unique characteristics of PIPs compared to other types of pesticides.
EPA is considering amending the following list of existing regulations related to pesticide establishment and production to better address PIPs and PIP production:
- Registration of establishments where PIPs are produced (FIFRA section 7 and 40 CFR 167.20).
- Reporting by registered production establishments (FIFRA section 7 and 40 CFR 167.85).
- Recordkeeping and inspection authority (FIFRA sections 8 and 9 and 40 CFR 169.2 and 169.3).
- Labeling on PIP containers (FIFRA section 2 and 40 CFR 156.10).
- Experimental Use Permits for field testing of unregistered PIPs (FIFRA section 5 and 40 CFR part 172).
- Production of unregistered PIPs for export (FIFRA section 17 and 40 CFR 168.65–168.85).
EPA is soliciting comments from interested stakeholders on the issues and questions identified through an Advance Notice of Proposed Rulemaking and through public meetings. Specifically EPA is asking for comments regarding the completeness of the list, including any additional sections of regulations not mentioned, or other characteristics of PIPs related to production, to best ensure compliance without imposing unnecessary burdens. EPA intends to use this information in reviewing these regulations and developing its proposed rules.
EPA has established a docket for this action under docket identification (ID) number EPA–HQ–OPP–2006–1003. Materials are available either in the electronic docket, Regulations.gov (http://www.regulations.gov) or, if only available in hard copy, at the Office of Pesticide Programs (OPP) Regulatory Public Docket.
For further information contact Stephen Howie by phone at 202-564-4146 or email at howie.stephen@epa.gov.