Proposed Rule2025-00251

Pesticides; Petition Seeking Rulemaking To Modify Labeling Requirements for Pesticides and Devices

Primary source

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Published
January 21, 2025

Issuing agencies

Environmental Protection Agency

Abstract

The Environmental Protection Agency (EPA) is announcing the availability of and seeking public comment on a petition received from the Attorneys General of the States of Nebraska, Iowa, Alabama, Arkansas, Georgia, Indiana, Louisiana, Montana, North Dakota, South Carolina, and South Dakota requesting the Agency initiate rulemaking to amend the existing regulations under the Federal Insecticide, Rodenticide, and Fungicide Act (FIFRA). The Attorneys General believe the Agency should modify its requirements such that any state labeling requirements inconsistent with EPA's findings and conclusions from its human health risk assessment on human health effects, such as a pesticide's likelihood to cause cancer, birth defects, or reproductive harm, constitute misbranding.

Full Text

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<title>Federal Register, Volume 90 Issue 12 (Tuesday, January 21, 2025)</title>
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[Federal Register Volume 90, Number 12 (Tuesday, January 21, 2025)]
[Proposed Rules]
[Pages 7037-7038]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-00251]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2024-0562; FRL-12480-01-OCSPP]

40 CFR Part 156


Pesticides; Petition Seeking Rulemaking To Modify Labeling 
Requirements for Pesticides and Devices

AGENCY: Environmental Protection Agency (EPA).

ACTION: Petition for rulemaking.

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SUMMARY: The Environmental Protection Agency (EPA) is announcing the 
availability of and seeking public comment on a petition received from 
the Attorneys General of the States of Nebraska, Iowa, Alabama, 
Arkansas, Georgia, Indiana,
    Louisiana, Montana, North Dakota, South Carolina, and South Dakota 
requesting the Agency initiate rulemaking to amend the existing 
regulations under the Federal Insecticide, Rodenticide, and Fungicide 
Act (FIFRA). The Attorneys General believe the Agency should modify its 
requirements such that any state labeling requirements inconsistent 
with EPA's findings and conclusions from its human health risk 
assessment on human health effects, such as a pesticide's likelihood to 
cause cancer, birth defects, or reproductive harm, constitute 
misbranding.

DATES: Comments must be received on or before February 20, 2025.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPP-2024-0562, by one of the following methods:
    <bullet> Federal eRulemaking Portal: <a href="http://www.regulations.gov">http://www.regulations.gov</a>. 
Follow the online instructions for submitting comments. Do not submit 
electronically any information you consider to be Confidential Business 
Information (CBI) or other information whose disclosure is restricted 
by statute.
    <bullet> Mail: OPP Docket, Environmental Protection Agency Docket 
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW, Washington, DC 
20460-0001.
    <bullet> Hand Delivery: To make special arrangements for hand 
delivery or delivery of boxed information, please follow the 
instructions at <a href="http://www.epa.gov/dockets/contacts.html">http://www.epa.gov/dockets/contacts.html</a>.
    Additional instructions on commenting or visiting the docket, along 
with more information about dockets generally, is available at <a href="http://www.epa.gov/dockets">http://www.epa.gov/dockets</a>.

FOR FURTHER INFORMATION CONTACT: Charles Smith, Director, Registration 
Division (7505P), Office of Pesticide Programs, Environmental 
Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460-
0001; main telephone number: (202) 566-1030; email address: 
<a href="/cdn-cgi/l/email-protection#590b1d1f0b17362d303a3c2a193c2938773e362f"><span class="__cf_email__" data-cfemail="81d3c5c7d3cfeef5e8e2e4f2c1e4f1e0afe6eef7">[email&#160;protected]</span></a>.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    This action is directed to the public in general and may be of 
interest to a wide range of stakeholders including pesticide 
registrants, environmental, human health, and agricultural advocates, 
pesticide users, and members of the public interested in the use of 
pesticides. This listing is not intended to be exhaustive but rather 
provides a guide for readers regarding entities likely to be affected 
by his action. Because others may also be interested, the Agency has 
not attempted to describe all the specific entities that may be 
affected by this action.

B. What should I consider as I prepare my comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through 
<a href="http://Regulations.gov">Regulations.gov</a> or email. Clearly mark the part or all of the 
information that you claim to be CBI. For CBI information in a disk or 
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as 
CBI and then identify electronically within the disk or CD-ROM the 
specific information that is claimed as CBI. In addition to one 
complete version of the comment that includes information claimed as 
CBI, a copy of the comment that does not contain the information 
claimed as CBI must be submitted for inclusion in the public docket. 
Information so marked will not be disclosed except in accordance with 
procedures set forth in 40 CFR part 2.
    2. Tips for preparing your comments. When preparing and submitting 
your comments, see the commenting tips at <a href="https://www.epa.gov/dockets/commenting-epa-dockets">https://www.epa.gov/dockets/commenting-epa-dockets</a>.

II. What action is the Agency taking?

    EPA requests public comment on a petition received from several 
state Attorneys General that asks EPA to amend 40 CFR 156.10(a)(5) by 
adding a paragraph (xi) to include the following as an example of 
statements or representations in the labeling which constitute 
misbranding: ``Statements or conclusions regarding the product's human 
health effects, including the likelihood of causing cancer, birth 
defects, or reproductive harm, that are different from EPA's findings 
and

[[Page 7038]]

conclusions stated in its human health risk assessment conducted during 
the registration review of the product's principal active 
ingredients.''
    A copy of the petition is available in the docket.

    Authority:  7 U.S.C. 136 et seq.

    Dated: December 23, 2024.
Edward Messina,
Director, Office of Pesticide Programs.
[FR Doc. 2025-00251 Filed 1-17-25; 8:45 am]
BILLING CODE 6560-50-P


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Indexed from Federal Register on January 21, 2025.

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.