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EPA Publishes Request for Information

  • On November 1, 2023

On October 12, the Environmental Protection Agency (EPA) published a request (Advanced Notice for Proposed Rulemaking – ANPR) for information and comments as it considers a review of requirements applicable to treated seed and treated paint products.

This request is in response to an April 2017 petition filed by the Center for Food Safety that asked EPA to interpret or amend the Treated Article Exemption, under the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), so that it does not cover seeds treated with systemic pesticides, and to aggressively enforce registration and labeling requirements for such treated seeds. EPA denied the petition in September 2022. In its response, EPA mentioned its intent to issue this ANPRM and to explore the option of a rulemaking to regulate the use of treated seed. EPA is also using this ANPRM to consider requiring labeling instructions on treated paint products.

In summary, EPA is soliciting public comments and suggestions about seeds treated with pesticides, and whether they should be regulated differently. Specifically, they question:

  • Effectiveness of instructions on treated seed product labeling to mitigate potential risks
  • Information on the use, usage and tracking of treated seed products
  • Management of spilled or excess treated seed
  • Amendment of the treated article exemption and related rules
  • Environmental justice concerns/examples

Should EPA decide to move forward with changes to the program, the next step would be to identify, develop and evaluate specific options, including whether amendment to the current regulation in 40 CFR 152.25(a) is appropriate, and if so, to develop a proposed rule for public review and comment. During the development of the proposed rule, the Agency may also engage stakeholders or provide other opportunities for public engagement and comment before issuing a final action.

Comments are due December 11, 2023. The ASTA Treated Seed Committee is in the process of creating a response, in cooperation with other industry allies. For more details, contact Pat Miller, ASTA Director of State Affairs.