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EPA Approves Hemp Pesticide Applications In Advance of 2020 Growing Season

On December 19, 2019, EPA announced that it has approved ten applications seeking to add new hemp uses to pesticide products registered under the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) in time for the 2020 growing season. Nine of these products are biopesticides and one is a conventional pesticide. EPA’s action represents the first registered hemp uses for pesticide products since last year’s passage of the Agricultural Improvement Act of 2018 (commonly known as the Farm Bill), which removed industrial hemp from its earlier classification as a controlled substance under the jurisdiction of the U.S. Department of Justice (DOJ).

The active ingredients contained in the registered products include:

  • Azadirachtin

  • Neem oil

  • Extract of Reynoutria sachalinensis

  • Bacillus amyloliquifaciensstrains

  • Soybean oil

  • Garlic oil

  • Capsicum oleoresin extract

  • Potassium salts of fatty acids

In August, EPA announced receipt of the ten applications and opened a thirty-day public comment period due to “potential significant interest from the public” on the applications. EPA emphasized in that announcement that it did not view itself as statutorily required to provide a comment opportunity because hemp falls under existing terrestrial outdoor and residential outdoor use patterns previously assessed and approved by EPA for the subject products, and therefore the FIFRA section 3(c)(4) requirement to publish notice of any application that entails a “changed use pattern” was not triggered. EPA indicated that it did not anticipate notifying the public of receipt of similar applications in the future, and we expect that EPA will not subsequently publish notice of similar applications. However, EPA has published on its website a list of the ten pesticide products newly approved for use on hemp and committed to updating that list as new applications are approved on an ongoing basis.

In approving the applications, EPA emphasized that the products will now be available for use on hemp in the 2020 growing season and noted that EPA is “committed to providing much-needed certainty to farmers and ranchers across the country who rely on crop protection tools to ensure a global supply of products while driving economic growth in agricultural communities across America.”

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About this Author

Alan J. Sachs, Beveridge Diamond, Food biotechnology lawyer, bioenergy industries attorney

Alan’s practice focuses on the wide range of regulatory issues faced by the global agriculture, food, biotechnology, and bioenergy industries. His practice includes all aspects of the U.S. Environmental Protection Agency’s (EPA) regulation of pesticides, including the manufacture, import, distribution, labeling, registration, and use of all types of consumer and agricultural pesticide products under the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA). As part of his FIFRA legal practice, Alan frequently supports the data rights objectives of Beveridge &...

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Mackenzie Schoonmaker, Environmental Lawyer, Beveridge & Diamond Law Firm

Mackenzie Schoonmaker focuses her practice on litigation and environmental regulatory matters.  Ms. Schoonmaker’s litigation practice includes representing clients in state and federal courts, as well as in data compensation arbitrations under the federal pesticide statute, FIFRA.  Most recently, Ms. Schoonmaker was part of the Firm’s trial team that secured a defense judgment in the District of Columbia Superior Court after a three week trial on tort claims alleging the client supplied corrosive water to apartment buildings.

Kathryn E. Szmuszkovicz, Biotechnology Attorney, Beveridge Diamond Law Firm

Ms. Szmuszkovicz chairs the Pesticides and Biotechnology Section of Beveridge & Diamond, P.C.'s Litigation Practice Group. She litigates and provides alternative dispute resolution, compliance, strategic planning, and commercial services for clients who manufacture, sell, and use products regulated by EPA, USDA, FDA, DOI, DOC, and analogous state agencies under the broad range of environmental, health, and safety laws that these agencies implement. She holds an AV Preeminent Peer Review Rating from Martindale-Hubbell, is named in the 2013 edition of both Best Lawyers...