Seed Treatment Pesticides and the EPA
In today’s soybean production systems, pesticide seed treatments are often used to protect planted soybean seed from the myriad seed- and soil-borne pests that can result in a failed stand. Such a failed stand will result in the loss of the advantage from early planting, and increased costs associated with replanting. Such a happening will likely result in a lower seed yield and the occurrence of problems that often are encountered in later plantings.
Seed treatment pesticides that are used should be applied according to the product label, and treated seed that are not planted on a production site should be disposed of properly [Click here to access guidelines for disposal of treated seed that are not planted]. The various seed treatment pesticides that can be applied to soybean seed to protect them against insects and the myriad fungal and nematode pathogens are tested rigorously to develop guidelines for their safe and environmentally friendly use. The US-EPA is the agency that is responsible for approval of pesticides and their use, and its guidelines and rules regarding the use of these products provide the basis for the product labels that must be followed when they are used.
In a press release titled “EPA Responds to Treated Seed Petition” dated Sept. 28, 2022, the US-EPA issued a response to a petition filed by the Center for Food Safety [CFS] with and on behalf of beekeeper, farmer, and public interest groups that requested a change in how EPA regulates pesticide-treated seeds [see petition title that implies that it was filed specifically to address seeds coated with systemic insecticides]. Pertinent points of that response follow.
• “The petition filed in April 2017 by CFS claims that EPA did not adequately assess the risks from use of seed treatment pesticides that have systemic properties, and use of the seed treated by such pesticides.”
• “EPA explains in its response that it does fully assess, as part of its review of the pesticide registered for treating seed, both the use of the treating pesticide and the treated seed and impacts to human health and the environment”.
• “EPA explains that the treated seed article exemption regulatory text appropriately covers any seed treated if it meets the two regulatory conditions”, which are 1) “that the treating pesticide be a Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) section 3 pesticide product that is registered for use as a seed treatment for the specific seed crop and the treating pesticide and treated seed are distributed, sold, and used consistent with the registered product labeling” and 2) “...requires that any claims made are for the protection of the seed and what the seed becomes”.
• “...EPA does not agree with the petition claims as to the treated article exemption and thus is not granting the petition requests to either interpret or amend the regulatory text for the exemption to categorically exclude seed treated with systemic pesticides from the exemption”.
• “However, EPA agrees with the petitioners’ concerns on clearly communicating the labeling instructions to the users of the treating pesticide and the treated seed”.
• “...EPA intends to issue advanced notice of proposed rulemaking to seek additional information on whether or to what extent pesticide-treated seed is being distributed, sold, or used in a manner inconsistent with the treating pesticide labeling”.
• “...EPA will also explore the option of issuing a rule pursuant to FIFRA section 3(a) to regulate pesticide-treated seed to ensure distribution, sale and use of the treated seed is consistent with the treating pesticide and treated seed labeling”.
Click here to access EPA’s full response to the petition.
Takeaways. 1) At this time, EPA will not regulate a treated seed if the pesticide applied to the seed is already regulated. 2) As with all pesticides used by soybean producers, seed treatment pesticide labels must be followed, both for the application of the pesticide to the seed and for the disposal of pesticide-treated seed that are not planted. 3) Midsouth soybean producers are encouraged to stay abreast of future happenings related to this petition so that they can be prepared to offer insight into the value of the seed treatment products they need and use to produce a profitable crop.
A Seed Treatment White Paper on this website provides up-to-date information about labeled products that can be used to treat soybean seed at planting. Click here to access labels for these products.
Composed by Larry G. Heatherly, Oct. 2022, larryh91746@gmail.com