Jane DeMarchi VP for Government and Regulatory Affairs EPA UPDATE Jane DeMarchi VP for Government and Regulatory Affairs

Treated Article/Seed Treatment Lawsuit Anderson vs. EPA – Court sided with EPA and dismissed Plaintiffs want seeds treated with systemic pesticides to be regulated as pesticides under the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) Currently EPA registers pesticides for use as seed treatment. Seed is regulated by Federal and State seed laws.

Treated Article Exemption FIFRA includes an exemption from regulation for treated articles. The treated article exemption applies if following three conditions are satisfied: (i) the article contains or is treated with a pesticide; (ii) the pesticide is intended to protect the article itself; and (iii) the pesticide is registered for this use. Treated seeds meet all of these requirements.

Order Granting Defendants’ Motion Key points (Page 8-9) “Nothing in the plain language of the 2003 Harmonization Document strictly limits the “treated articles and substances” exemption to pesticide-treated seeds that can never cause a pesticidal effect beyond the seed itself.” Difference between exempt and non-exempt pesticide-treated seeds is based on whether the claim of pesticidal benefit extends beyond the seed itself

Plaintiffs Respond - Center for Food Safety Press Release “It is astounding that a judge, EPA or anyone with any common sense would not regulate this type of toxic pesticide use, especially when the seed-coatings are so broadly applied and there is so much at risk.” “Study after study has shown that seeds coated with these chemicals are a major culprit in catastrophic bee-kills.”   “The broader implications of this decision drive the nails in the bee industry’s coffin.”

Next Steps Plaintiffs could petition EPA to challenge treated article exemption. State action likely

Seed Treatment Stewardship - Outreach and Education Updating website and outreach materials Key points for farmers More memorable and visual Follow directions on treated seed container labeling for handling, storage, planting and disposal practices. Consider using a seed flow lubricant in the planter hopper to minimize dust. Eliminate flowering plants and weeds in and immediately adjacent to the field prior to planting.  At planting, be aware of honey bees and any hives located near the field, belonging to beekeepers. Eliminate all treated seed left in equipment used to handle harvested grain. Follow established procedure to clean grain handling equipment before harvest.  Keep all treated seed out of the commodity grain channels.

Key Points for Farmers Follow directions on treated seed container labeling for handling, storage, planting and disposal practices. Consider using a seed flow lubricant in the planter hopper to minimize dust. Eliminate flowering plants and weeds in and immediately adjacent to the field prior to planting.  At planting, be aware of honey bees and any hives located near the field, belonging to beekeepers. Eliminate all treated seed left in equipment used to handle harvested grain. Follow established procedure to clean grain handling equipment before harvest.  Keep all treated seed out of the commodity grain channels.

Other Activities Planter and seed treatment demonstration for EPA planned for April 26. Corn Dust Research Consortium

Concerns Regarding EPA Decisions Not using the best science Atrazine, Organophosphates (OP) Lack of transparency and stakeholder input Decision to ban use of 75 active ingredients when managed pollinators are on site during crop flowering Not properly analyzing benefits of crop protection tools Soybean seed treatment study that showed no benefits Important that we continue to press for transparent and science-based decision making for this and future administrations. Not sure if review timelines will be impacted by change in adminisration

Post Election Path forward still under discussion by broad coalition Opportunity to solve big problems WOTUS ESA Administrative Procedures Act

Is there an “ask” for seed treatment? Stronger protection for seed treatment beyond treated article exemption? Biological seed treatments?