The U.S. Environmental Protection Agency (EPA) recently published an advanced notice of proposed rulemaking (ANPRM) dated October 12, 2023, initiating a public consultation to gather feedback on distinct issues concerning treated seed and paint. As disclosed in this JD Supra report, this comment-seeking activity revolves around seed treated with standard pesticides and paint treated with conventional or antimicrobial pesticides.
As explained in the notice, the EPA is taking into consideration the implementation of a new rule under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). The primary focus is assessing whether limitations on the currently effective ‘treated article exemption’ should be instigated.
The ‘treated article exemption’ is an essential reference in the pesticide regulation space. According to it, articles such as wood, paint, or fibers that have been treated with or contain a pesticide are exempted from regulation under FIFRA. As it currently specifies, such treated products can be advertised with claims of protection against pests, provided the pesticide is registered for such a use and the treated object is not intended to substitute for the pesticidal function.
The ongoing consideration and call for comments regarding this exemption may potentially bear substantial implications for several sectors of the economy, including agriculture, construction, and manufacturing, among others.
Legal professionals, industry stakeholders, and corporations impacted by potential changes in the ‘treated article exemption’ rule are encouraged to participate in this consultation process. Ensuring your voice and concerns heard could make a difference in shaping the future direction of this critical regulatory landscape.