Issued: Nov 16, 2022 (11:52am EST)

If you wish to unsubscribe please do so here: https://epa.mediaroom.com/index.php?s=20300&unsub=1&hide_page_content=1

EPA Announces the Addition of Chitosan to the List of Active Ingredients Eligible for Risk Pesticide Exemption Tuesday, November 15, 2022 On November 8, 2022, the U.S. Environmental Protection Agency (EPA) issued a final rule adding chitosan (Poly-D-Glucosamine), a naturally occurring substance found in the cell walls of all crustaceans, many fungi, and the exoskeletons of most insects, to its minimum risk pesticide exemption list. 87 Fed. Reg. 67364. EPA states that the listing also includes those chitosan salts that can be formed when chitosan is mixed with the acids that are listed as active or inert ingredients eligible for use in minimum risk pesticide products. According to EPA's announcement of the final rule, the purpose of the exemption list is to eliminate the need for EPA to expend significant resources to regulate products deemed to be of minimum risk to human health and the environment. Under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) Section 25(b) minimum risk exemption, products that contain only those active and inert ingredients allowed by the exemption and that meet certain requirements are exempt from the normal FIFRA registration requirements. Approximately a decade has passed since a substance was added to the list of ingredients eligible for the minimum risk pesticide exemption. Chitosan is currently registered with EPA under FIFRA as a fungicide, antimicrobial agent, and plant growth regulator that boosts the ability of plants to defend against fungal infections. EPA's decision was based on a review of an October 10, 2018, petition requesting that chitosan be added to the list of active ingredients allowed in exempted minimum risk pesticide products. In November 2020, EPA requested public comment on the proposed rule to add chitosan to the list of active ingredients eligible for the exemption. Additionally, in November 2021, EPA requested information from the petitioner on chitosan salts and their potential effect on the environment. EPA states that after reviewing the latest available science and comments on the proposed rule and the Notice of Data Availability, it has determined to add chitosan to its list of active ingredients eligible for EPA's minimum risk pesticide exemption. EPA's analysis of the available data suggests that chitosan and chitosan salts are of low toxicity to humans and that no environmental risks of concern have been identified. As a result of this final rule, products that contain chitosan and that comply with all the other requirements applicable to minimum risk pesticides will no longer need to be registered under FIFRA. Products containing chitosan that cannot meet all minimum risk pesticide requirements may still require registration. The final rule is available here. Additional information on chitosan is available on our blog. Commentary As the first change to the list in many years, this may represent EPA's attempt to communicate further about "safer" or reduced risk products to the public. These Section 25(b) products are allowed to make pesticidal claims without EPA review and approval and can make certain claims that are not permitted for registered pesticides (e.g., "safe for use around children and pets," "all natural"). Based on EPA's determination, these products will not be subject to EPA review, thus reducing workload for which program resources may be used on other products that possibly pose greater risks. At the same time, this current effort to issue regulation changes to communicate better information to the public does not address past commitments to clarify important safety information about possibly misleading or often misunderstood claims for products already exempted from registration requirements under Section 25(b). Specifically, in response to a 2006 petition (see Petition of the Consumer Specialty Products Association to Modify EPA's Exemption from FIFRA Regulation for Minimum Risk Pesticides under 40 C.F.R. § 152.25(f) (Mar. 15, 2006)) about health and safety claims for Section 25(b) products making implied public health label claims, EPA agreed to issue regulations to make requirements for insect repellents more clear for Section 25(b) products and to ensure that insect repellent products are safe and effective. Regarding insect repellents, the 2006 petition argued that the average consumer would not distinguish between labeling claims to "repel mosquitoes," which are allowed for minimum risk pesticides, and labels that make public health claims by linking a mosquito with a specific disease (e.g., "repel mosquitoes which may cause West Nile Virus"), which are not allowed for minimum risk pesticides. In response to the 2006 petition, EPA pledged to ensure that insect repellents actually repelled insects. To date, little progress has been made, and no change to the Section 25(b) situation regarding repellents has been proposed or made final. The commitment to clarify and ensure effectiveness of insect repellents has not been addressed and does not appear to be on any announced regulatory agenda for the pesticide program. Dana S. Lateulere also contributed to this article. ©2022 Bergeson & Campbell, P.C. National Law Review, Volume XII, Number 319

Committee charged with evaluation of Agency policies and programs at the intersection of agriculture and climate change

WASHINGTON (November 16, 2022) — Today, U.S. Environmental Protection Agency (EPA) Administrator Michael S. Regan announced the appointment of 20 members, including the new Committee Chair and Committee Vice-Chair to the Farm, Ranch, and Rural Communities Federal Advisory Committee (FRRCC), which provides independent policy advice, information, and recommendations to the EPA Administrator on a range of environmental issues that are of importance to agriculture and rural communities.

Dr. Beth Sauerhaft from American Farmland Trust and Dr. Raymon Shange from Tuskegee University will lead the FRRCC, which includes 20 newly appointed members who will join 17 existing members of the committee. Committee members include representatives from academia, industry (e.g., agriculture and allied industries), non-governmental organizations, and state, local, and tribal governments.

"As EPA Administrator, I am deeply committed to ensuring that agricultural and rural communities have a seat at the table as we work together to identify practical, science-based solutions that protect the environment and ensure a vibrant and productive food system," said Administrator Regan. "The appointees announced today and our existing FRRCC members will provide invaluable insight and feedback on EPA's programs as we partner with farmers and ranchers to address the impacts of the climate crisis."

Earlier this year, Administrator Regan issued a new charge topic for the FRRCC to evaluate the Agency's policies and programs at the intersection of agriculture and climate change. The committee will consider how EPA's tools and programs can best advance the agriculture sector's climate mitigation and adaptation goals, ensuring EPA can best support farmers and ranchers in their efforts to reduce emissions and accelerate a more resilient food and agriculture system.

EPA issued a request for nominations to the FRRCC in the spring of 2022 and received more than 85 applications. EPA selected new and returning members from a pool of highly qualified candidates to represent a variety of agricultural sectors, rural stakeholders, diverse geographies and whose backgrounds include extensive experience with EPA priority issues, including climate change. FRRCC members represent all 10 EPA regions and hail from 24 states.

New Members

Brad Bray, Bray Farms, Cameron, MO
Eddie Crandell Sr., Lake County California Supervisor, Lucerne, CA
Jennifer James, J&J Land Company and Auvergne Grain Company, Newport, AR
Sarah Lucas, Michigan Department of Agriculture and Rural Development, Marquette, MI
Jeanne Merrill, National Sustainable Agriculture Coalition, Alameda, CA
Clay Pope, Pope Hilltop Farm/National Association of Wheat Growers, Loyal, OK
James Pritchett, Ph.D., Colorado State University, Fort Collins, CO
Nithya Rajan Ph.D., Texas A&M University, College Station, TX
Lindsay Reames, Virginia & Maryland Milk Producers Cooperative Association, Amelia, VA
Raymon Shange, Ph.D., Tuskegee University, Tuskegee, AL (Committee Vice Chair)
Jennifer Simmelink, Kansas Soil Health Alliance, Esbon, KS
Chantel Simpson, Ph.D., North Carolina A&T State University, Greensboro, NC
Ryan Smith, Danone North America, Chicago, IL

Returning Members

Emily M. Broad Leib, Harvard Law School Food Law and Policy Clinic, Cambridge, MA
William (Bill) Couser, Couser Cattle Company, Nevada, IA
David Graybill, Red Sunset Farm, Mifflintown, PA
Lauren C. Lurkins, Illinois Farm Bureau, Bloomington, IL
Christopher L. Pettit, Washington State Conservation Commission, Lacey, WA
William R. Pracht, East Kansas Agri-Energy, Westphalia, KS
Graciela I. Ramírez-Toro, Ph. D., Inter American University of Puerto Rico, San Germán, PR

Existing Members

Barry Berg, East Dakota Water Development District, Dell Rapids, SD
Don Brown, Anchor Three Farm, Inc., Yuma, CO
James (Jamie) Burr, Tyson Foods, Farmington, AR
Phillip H. Chavez, Lower Arkansas Valley Water Conservancy District, Rocky Ford, CO
John R. H. Collison, Oklahoma Rural Association, Edmond, OK
Michael Crowder, National Association of Conservation District, West Richland, WA
Matthew Freund, Freund's Farm/Cowpots LLC, East Canaan, CT
Sharon Furches, Furches Farms Partnership/Kentucky Farm Bureau, Louisville, KY
Jeffrey Gore Ph.D., Mississippi State University/ Delta Research and Extension Center, Stoneville, MS
Alex P. Johns, Seminole Tribe of Florida Inc., Okeechobee, FL
Nicholas McCarthy, Central Valley Ag Cooperative, York, NE
William Thomas (Tom) McDonald, Five Rivers Cattle Feeding, Dalhart, TX
Charles R. Santerre Ph.D., Clemson University, Clemson, SC
Beth C. Sauerhaft Ph.D., American Farmland Trust, Chappaqua, NY (Committee Chair)
Stacy Wayne Smith, Smith Farms, Wilson, TX
Jeff M. Witte, New Mexico Department of Agriculture, Las Cruces, NM
Amy V. C. Wolfe, AgSafe, Escalon, CA