Specific Pesticides
Clothianidin or Dinotefuran, Imidacloprid, Thiamethoxam, or Acetamiprid
New York State Department of Environmental Conservation Weekly Digest Bulletin October 7, 2024
Beginning December 31, 2024, Article 33 (ECL 33-1301(13)) prohibits the treatment of outdoor ornamental plants and turf with pesticide products containing clothianidin or dinotefuran and beginning December 31, 2026, this prohibition is further expanded to include pesticide products containing imidacloprid, thiamethoxam, or acetamiprid.
There are several exemptions to this prohibition which would allow the application of pesticide products containing clothianidin, dinotefuran, imidacloprid, thiamethoxam, or acetamiprid. These exemptions include:
- Applications on agricultural commodities;
- Structural commercial applications within one foot of a building foundation perimeter to manage structural pests provided that the application is not conducted on any blooming plants;
- Applications by, or under the supervision of, a certified applicator for treatment against invasive species affecting woody plants; and
- Applications conducted in accordance with a New York State Department of Environmental Conservation (NYSDEC) written order to address an environmental emergency.
Pesticide applicators conducting applications for the treatment of invasive species affecting woody plants or applications in accordance with a NYSDEC written order to address an environmental emergency must take an NYSDEC-approved neonicotinoid course annually and maintain a record of this course for three years.
NYSDEC is currently developing the written order process for environmental emergencies.
This amendment also requires NYSDEC, New York State Department of Agriculture and Markets, and Cornell to conduct a study to identify practicable and feasible alternatives to the use of neonicotinoids. The results of the study must be submitted to the governor on or before January 1, 2026, and posted on the NYSDEC’s website.
Dacthal
Pesticide Update EPA's Office of Chemical Safety and Pollution Prevention October 23, 2024
EPA Finalizes Cancellation of the Pesticide DacthalWASHINGTON – Today, Oct. 22, the U.S. Environmental Protection Agency is announcing the cancellation of all products containing the pesticide dimethyl tetrachloroterephthalate (DCPA or Dacthal) under the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA). In making this decision, EPA relied on the best available science, which included robust studies demonstrating thyroid toxicity. Unborn babies whose pregnant mothers are exposed to DCPA from handling, entering or working in areas where DCPA has already been applied, could experience changes to fetal thyroid hormone levels. These changes are generally linked to low birth weight, impaired brain development, decreased IQ, and impaired motor skills later in life, some of which may be irreversible. “With the final cancellation of DCPA, we’re taking a definitive step to protect pregnant women and their unborn babies,” said Assistant Administrator for the Office of Chemical Safety and Pollution Prevention Michal Freedhoff. “The science showing the potential for irreversible harm to unborn babies’ developing brains, in addition to other lifelong consequences from exposure, demands decisive action to remove this dangerous chemical from the marketplace.” Background on DCPA and Biden-Harris Administration Efforts to Assess and Address Risks DCPA is a pesticide that was registered to control weeds in both agricultural and non-agricultural settings, but was primarily used on crops such as broccoli, brussels sprouts, cabbage and onions. In 2013, the agency issued a Data Call-In (DCI) to AMVAC Chemical Corporation (AMVAC), the sole manufacturer of DCPA, requiring it to submit more than 20 studies to support the then-existing registrations of DCPA. The required data, due in January 2016, included a comprehensive study of the effects of DCPA on thyroid development and function in adults and in developing young before and after birth. Several of the studies that AMVAC submitted from 2013-2021 were considered insufficient to address the DCI, while the thyroid study and other studies were not submitted at all. In April 2022, EPA issued a very rarely used Notice of Intent to Suspend the DCPA technical-grade product (used to manufacture end-use products) based on AMVAC’s failure to submit the complete set of required data for almost 10 years, including the thyroid study. Although AMVAC submitted the required thyroid study in August 2022, EPA suspended the registration based solely on AMVAC’s continued failure to submit other outstanding data following an administrative hearing. In November 2023, EPA lifted the data submission suspension after AMVAC submitted sufficient data. Most DCPA use on turf was voluntarily canceled by AMVAC in December 2023, but unacceptable risks from other uses remained. In May 2023, EPA released its assessment on the risks of occupational and residential exposure to products containing DCPA, following its analysis of the thyroid study submitted by AMVAC. The assessment found health risks associated with DCPA use and application, even when personal protective equipment and engineering controls are used. The most serious risks were to the unborn babies. EPA estimated that some pregnant mothers handling DCPA products could be subjected to exposures four to 20 times greater than what EPA had estimated is safe for unborn babies. Also of concern were risks to unborn babies of pregnant mothers entering or working in areas where DCPA had been applied or living near areas where DCPA was used. Levels of DCPA in a treated field could remain at unsafe levels for 25 days or more. In April 2024, EPA issued a public warning regarding the significant health risks to unborn babies of pregnant mothers exposed to DCPA and its intent to pursue action to address the health risks associated with the pesticide as quickly as possible. The August 2024 emergency suspension issued by EPA was the first time in almost 40 years EPA has taken this type of emergency action. Following EPA’s emergency suspension EPA received a letter from AMVAC stating its intent to voluntarily cancel the remaining pesticide products containing DCPA in the U.S. AMVAC subsequently announced that it intends to cancel all international registrations as well. On Aug. 29, 2024, EPA published a notice in the Federal Register requesting public comments on the voluntary cancellation. The comment period has concluded, and EPA is publishing the final cancellation order. The final cancellation prohibits anyone from distributing, selling or carrying out other similar activities for the remaining pesticide products containing DCPA. It also means that no person can continue using existing stocks of those products. AMVAC has developed a voluntary return program for existing DCPA products. In advance of the cancellation order, AMVAC implemented a plan to identify existing stocks and coordinated a collection process. When the return program concludes in the fall of 2024, EPA will continue monitoring this process to ensure that the collected DCPA products are disposed in a manner in accordance with applicable laws. EPA plans to release additional information about any remaining stocks in the coming months. Read the public inspection version of the Federal Register notice on the DCPA Final Cancellation Order for Pesticide Registrations. Upon publication of the Federal Register notice, the final order will be is available at docket EPA-HQ-OPP-2011-0374 at the Regulations.gov page. For answers to frequently asked questions about DCPA, please see the DCPA Questions and Answers webpage. For additional background on the DCPA and EPA’s efforts to assess and address risks, see the Aug. 6, 2024, or Aug. 28, 2024, press releases. |
EPA Issues Emergency Order to Stop Use of Pesticide Dacthal to Address Serious Health Risk
WASHINGTON – Today, Aug. 6, the U.S. Environmental Protection Agency is announcing the emergency suspension of all registrations of the pesticide dimethyl tetrachloroterephthalate (DCPA or Dacthal) under the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA).
Additional information is available in the DCPA registration review docket EPA-HQ-OPP-2011-0374.
Neonicotinoids
New York State Department of Environmental Conservation (NYSDEC) Neonicotinoid Reclassification
NYS Department of Environmental Conservation (DEC) Hot Topics, December 2022
Neonicotinoid Reclassification [NYS DEC Web Site: Pesticides Link]
Effective January 1, 2023, pesticide products containing imidacloprid, acetamiprid and thiamethoxam that are labeled for foliar or widespread outdoor use or seed treatment will be reclassified as * restricted use *. Neonicotinoid pesticides that are labeled for limited ground application directly at the base of trees, shrubs, and plants are not included in the reclassification. A complete list of the pesticide products subject to this action can be found on the NYS DEC web site. In addition to this list, pesticide product registration and classification status for all DEC registered pesticide products can be found on the DEC's NYSPAD website.
* Restricted use status for a pesticide * -- as defined on the NYS DEC Web site [Link under "Neonicotinoid Reclassification"]
Restricted use status is when a pesticide is only permitted to be purchased, possessed, used, or applied by a certified pesticide applicator or the holder of a pesticide purchase permit. However, in certain situations restricted use pesticides may be applied by someone working under the direct supervision of a certified pesticide applicator when proper training and oversight is provided. The DEC bases pesticide product restriction status on the Environmental Conservation Law and the registration and classification of pesticides regulations, which allows the Commissioner of DEC to classify any pesticide as restricted use in order to protect the public interest and prevent damage or injury to health, property, or wildlife.
News & Highlights from Your County Legislator: Tompkins County, March 2, 2022
A resolution was passed calling on the New York State Governor and the State Legislature to pass the Birds and Bees Protection Act. The act concerns use of neonicotinoids which is a class of neurotoxic pesticide that includes imidacloprid, thiamethoxam, clothianidin, dinotefuran, and acetamiprid. The resolution states that research show that widespread use of neonicotinoids is a leading cause of declines in honeybees as well as pollinators and a threat to birds, fish, and the entire ecosystem.
Seeds Coated or Treated with Neonicotinoid Pesticides
New York State Department of Environmental Conservation Weekly Digest Bulletin October 7, 2024
The amendment to ECL Article 37, “Substances Hazardous or Acutely Hazardous to Public Health, Safety or the Environment” Title 11 regulates neonicotinoid pesticide coated or treated seeds.
Beginning January 1, 2029, this amendment prohibits the sale, offer for sale or use, or distribution of any corn, soybean, or wheat seeds coated or treated with pesticides containing clothianidin, imidacloprid, thiamethoxam, or any other neonicotinoid as determined by NYSDEC regulation in New York State.
There is an exemption to this prohibition which allows farms to request a waiver from NYSDEC to use corn, soybean, or wheat seeds coated or treated with pesticides containing clothianidin, imidacloprid, or thiamethoxam.
This waiver process will be developed through NYSDEC regulation in consultation with NYS Department of Agriculture and Markets, as required by the amendment. The amendment requires this waiver to be based upon a pest risk assessment, report, and the farm owner completing integrated pest management training.
The NYSDEC must annually report to the legislature the number of waivers granted.
Glyphosate
DEC Information Regarding Glyphosate Use on State Property
New York State Department of Environmental Conservation (NYSDEC) web site under "Chemical and Pollution Control- Pesticides"
A recent amendment to the Environmental Conservation Law (ECL) prohibits any state department, state agency, public benefit corporation or any pesticide applicator employed as a contractor or subcontractor to apply glyphosate on state property. However, there are exemptions to this prohibition to maintain critical infrastructure, manage roadside vegetation to ensure public safety, for the control of invasive species and pests of significant public health importance, and for research purposes. The law became effective on December 31, 2021.
This law requires the DEC to develop regulations addressing the parameters for glyphosate use by state departments, state agencies, public benefit corporations or any pesticide applicator employed as a contractor or subcontractor to apply glyphosate on state property. While the DEC is developing these regulations this February 11, 2022 letter (Outside Link: NYSDEC) provides information on how to comply with this amendment to the ECL.
Further updates pertaining to the proposed glyphosate rule-making will be available on the DEC's website at: https://www.dec.ny.gov/chemical/298.html
Malathion
EPA Pesticide Update EPA’S Office of Chemical Safety and Pollution Prevention, March 8, 2022
EPA Takes Steps to Protect Endangered and Threatened Species from Insecticide [link]
The U.S. Environmental Protection Agency (EPA) will take action to protect endangered and threatened species in response to the U.S. Fish and Wildlife Service’s (FWS) nationwide final biological opinion (BiOp) for the insecticide malathion. This insecticide is commonly used for wide-area mosquito control and to control insects that attack crops and ornamental plants.
See the comments on FWS’s draft BiOp for malathion in docket EPA-HQ-OPP-2021-0231 at www.regulations.gov.
Dicamba
2020 Registration Decision (external link to EPA) and training (external link done through manufactures)
Paraquat Dichloride
Paraquat Dichloride Training for Certified Applicators (external link to EPA)
As required by EPA’s Paraquat Dichloride Human Health Mitigation Decision (external link: Regulations.gov) and amended paraquat dichloride (a.k.a. paraquat) product labels, certified applicators must successfully complete an EPA-approved training program before mixing, loading, and/or applying paraquat. The training provides important information about paraquat’s toxicity, new label requirements and restrictions, and the consequences of misuse. - from EPA Web Site: last updated on April 29, 2021
Chlorpyrifos
Chlorpyrifos Pesticide Registration Cancellations and Adopted Regulation (external link to NYS DEC)
EPA Issues Final Cancellation and Termination of Uses Order for Chlorpyrifos Products
- Termination of Uses for One Chemstarr and One Tide Product
- Product Cancellation for Two Central Garden & Pet Products
The final order is available at docket ID EPA-HQ-OPP-2022-0223 at www.regulations.gov.
Updated chlorpyrifos frequently asked questions