With the final herbicide rule and final insecticide rule announced by EPA, farmers and applicators will be phasing in new considerations with every new product label and FIFRA re-registration.
“Don’t panic,” says independent crop consultant Steve Hoffman with In-Depth Agronomy. “This is going to be a gradual phase in, and I know it’s definitely adding complexity.”
Independent consultants James Todd and Hoffman have been following the development of these rules, working with federal agencies to schedule about what everyone should know and how this year is pivotal to the future of pesticide use.
“Every new pesticide that gets registered through EPA, and every current pesticide that gets re registered has to come into compliance with new language on the label, Todd says. “Each pesticide is going to be unique and unique to also different endangered species. So the requirement in one part of the country might look different in another part of the country.”
The rules are the result of the EPA taking action to enforce its regulatory authority for the Endangered Species Act. Although the law is 50 years old, in recent years federal courts have announced rulings limiting pesticide use relative to ESA.
“Those lawsuits resulted in a judge somewhere saying, ‘Okay, you have not met this requirement, and we’re going to cancel this pesticide,’” Hoffman explains. “That’s where agriculture was at—we could have just lost any pesticide label instantly. So agriculture has the burden on our back to show that we care about endangered species, and we can do something. This is an opportunity. We just need to see this opportunity to make sure it stays a positive.”
Since the final herbicide rule, EPA issued a label for BASF’s Liberty Ultra, which could be looked to as a model for how these regulations will be applied to products. There hasn’t been a label for an insecticide yet issued, but many expect those labels to mirror how the herbicide rule was applied.
“Growers should go out and take a look at the Liberty Ultra label, because that’s the framework,” Todd says. “There are certain mitigations practices that you can do to earn points—erosion and runoff—and spray drift, and there are PULAs (geographic limitations.) Everyboyd has something that they need to do or be aware of that they need to do. Even if you’re not applying Liberty Ultra this year, look at its label and become familiar with what steps are going to be required.”
While the final herbicide rule and the final insecticide rule require evaluating the product and field, consulting the EPA website, and keeping record of your workplan, Hoffman and Todd have been engaging with other consultants, farmers, and federal agencies in the development of the rules to take into current production practices.
Last year, Hoffman hosted a two-day tour in Wisconsin with multiple federal agencies to discuss farmer practices, production considerations related to the upcoming regulations. The National Alliance of Crop Consultants is repeating the idea this coming year in Virginia and North Carolina.
Hear more in The Scoop podcast:
