FEATURE
system. ECPA called it a “major setback” for that impact upon pesticides. These include: “What we’re seeing on the dockets for
sound science and rational decision making, the proposed thematic strategy on the registration review are summaries by the EPA
and subsequently launched a campaign sustainable use of pesticides, which includes that are arranged very much in the manner
aimed at warning members of the European firm targets for reductions in pesticide use; by which you would address an endangered
Parliament about the serious consequences the Commission’s proposed surface water species assessment,” says McGaughey. “It’s
that this revised version of 91/414 could directive, which could lead to pesticides definitely got that influence.”
mean for Europe’s farmers. present in surface waters being banned; and
REACH (Registration, Evaluation, Authorisation
This review programme is already troubling
But it’s not just 91/414 and its revision that
and Restrictions of Chemicals), which doesn’t
the US crop protection industry, with the
the crop protection industry has to contend
apply to ais but does apply to agricultural
US industry association CropLife America
with, for there are a whole range of other
intermediates and co-formulants.
particularly concerned about the EPA’s plans
pieces of current and proposed legislation to incorporate new requirements, including
The situation is somewhat simpler in the US, endangered species assessments, into the
but even here the trade-off is being pulled registration review programme in due course.
inexorably towards the safety end. The This means that different risk assessment
difference is that the pressure is being applied criteria could be applied to pesticides
by lawsuits filed by environmental groups reviewed later in the 15-year cycle than to
rather than by the US Environmental Protection those earlier in the cycle. It thinks, instead,
Agency (EPA), which regulates pesticides in
the US.
For example, in August 2003, the Natural
Resources Defense Council (NRDC) filed a
lawsuit against the EPA for failing to protect
endangered species from atrazine. In February
2006, the EPA and the NRDC reached a legal
This litigation process has very
settlement, under which the EPA agreed to
dramatically impacted the EPA’s
conduct studies to determine whether the
time and they’ve responded
herbicide atrazine causes adverse effects to
21 endangered aquatic species. If the EPA
by incorporating compliance
finds that atrazine “may affect and is likely to
with the Endangered Species
adversely affect” any of the 21 named species
Act into the registration review
or their designated critical habitats, it has
to initiate formal consultations with the Fish
programme
and Wildlife Service or the National Maritime
Fisheries Service.
“This litigation process has very dramatically
impacted the EPA’s time and they’ve
responded by incorporating compliance
with the Endangered Species Act into the
registration review programme,” explains
that the review programme should function
Bernalyn McGaughey, president and CEO
solely as a “safety net” to resolve issues
of Compliance Services International, a US
overlooked by the original registration and re-
regulatory consultancy. “So it’s going to be a
registration processes.
long-term process.”
As in Europe, the US industry is worried about
This registration review programme replaces
the uncertainty that is continually being
the previous review programme, which
introduced into the pesticide registration
required the EPA to review the registrations of
process, with the trade-off between safety
all the pesticide ais that had been approved
and efficacy seemingly moving all the time.
before 1984. By August 2006, the EPA had
“Getting a predictable and efficient regulatory
completed the reviews of 99% of pesticide ais
system is really the most important part,”
with food-use registrations.
concludes Schmider.
The latest review programme started this year
It remains to be seen whether the trade-off
and aims to review pesticide registrations
will shift so far towards the safety end that
every 15 years. The EPA has already detailed
approved pesticides become like a kettle than
which ais it plans to review over the next four
can only produce warm water.
years and has also released work dockets for
Jon Evans is freelance science writer
the first nine ais entering the programme.
and contributing editor to Agrow
magazine
www.agrow.com  •   November 2007 
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