The Biobased and Renewable Products Advocacy Group (BRAG) helps members develop and bring to market their innovative biobased and renewable chemical products through insightful policy and regulatory advocacy. BRAG is managed by B&C® Consortia Management, L.L.C., an affiliate of Bergeson & Campbell, P.C.

By Lynn L. Bergeson

On May 22, 2020, EPA’s Office of Pesticide Programs (OPP) announced the opening of a 15-day comment period on its proposal to register a new active ingredient and biopesticide product. The biopesticide product, PHC-91398, would contain Ea peptide 91398, the new active ingredient that was derived from naturally occurring bacterium and induces natural plant defenses. The plant’s reaction to the peptide “activates a hypersensitive response in treated plants, which enables resistance to bacterial and fungal infection, as well as suppression of nematode egg production.” PHC-91398, the biopesticide product, is intended for use on a wide range of agricultural crops and home and garden uses. There will be three product applications:

  • Pre-plant foliar or root dip;
  • Foliar application in greenhouses and fields through a conventional spray, drip, or aerial equipment; and
  • Seed treatment.

Upon review of the data submitted in support of Ea peptide 91398, EPA states that toxicity, allergenicity to humans, and/or adverse effects on non-target organisms is not expected.

EPA is seeking comments, particularly from pesticide users, registrants, public interest organizations, and state, tribal, and local governments. Comments are due on or prior to June 5, 2020.


 

Register now for the American Bar Association (ABA) webinar “Navigating the Jurisdictional Tightrope Between Biopesticides, Biostimulants, and Related Emerging Technologies” with Bergeson & Campbell P.C. (B&C®) professionals deconstructing the jurisdictional boundaries distinguishing pesticides, biopesticides, plant regulators, biostimulants, and related technologies. The webinar will focus on draft EPA guidance intended to clarify the lines between and among those products that are subject to FIFRA registration as plant regulators and those biostimulant products not subject to FIFRA registration. The webinar also will focus on new and evolving chemistry and technology issues that may blur some jurisdictional lines or potentially move products from one category to another.  Lynn L. Bergeson, Managing Partner, B&C; Lisa R. Burchi, Of Counsel, B&C; and Sheryl Dolan, Senior Regulatory Consultant, B&C, will present.


 

By Lynn L. Bergeson

On August 27, 2019, the U.S. Environmental Protection Agency (EPA) announced via the Federal Register, proposed revisions to its pesticide tolerance crop grouping regulations. These regulations allow the establishment of tolerances for multiple related crops based on data from a representative set of crops. EPA is proposing the revision of one commodity definition and the addition of three new commodity definitions. In addition, EPA’s proposal includes an amendment to the herbs and spices crop group currently provided in Crop Group 19. The crops in current Crop Group 19: Herbs and Spices Group will be separated into two new crop groups: Crop Group 25: Herb Group and Crop Group 26: Spice Group. These revisions aim to increase the utility and benefit of the crop grouping system for producers and other commercial agriculture stakeholders. Over the next several years, a series of crop group updates is expected. Comments are due on October 28, 2019.

Tags: EPA, Pesticide

 

By Lynn L. Bergeson

On March 25, 2019, the U.S. Environmental Protection Agency (EPA) posted Draft Guidance for Plant Regulator Label Claim, Including Plant Biostimulants in Docket # EPA-HQ-OPP-2018-0258.  EPA issued the notice of availability in the Federal Register on March 27, 201984 Fed. Reg. 11538.  This is an important document addressing tricky jurisdictional issues that have plagued EPA for years.  Comments on the draft guidance are due by May 28, 2019.  For a full summary of the draft guidance, please see Bergeson & Campbell, P.C.’s (B&C®) Pesticide Law and Policy Blog.

Tags: EPA, Pesticide