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EPA Considers Revising FIFRA Regulations For PIPs

April 18, 2007

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On April 4, 2007, EPA published an Advance Notice of Proposed Rulemaking (ANPR) announcing possible revisions to the current pesticide establishment and production regulations for producers of plant-incorporated protectants. 72 Fed. Reg. 16312. According to EPA, it is considering amending the regulations because of the differences between plant incorporated protectants (PIP) and other types of pesticides. In the ANPR, EPA defines PIPs as "pesticidal substances that are intended to be produced and used in a living plant, or the produce thereof, and the genetic material necessary for the production of such a pesticidal substance, and also include any inert ingredient contained in the plant, or the produce thereof." EPA states that, given these characteristics, PIPs may not be produced in the manner EPA contemplated when it promulgated the current establishment and production regulations for other types of pesticides. In the ANPR, EPA provides a list of the general regulatory provisions applicable to PIPs that EPA is considering amending, and requests comment on the completeness of the list and the scope of any potential changes to the regulations. Comments are due June 13, 2007. In a related notice published on April 11, 2007, EPA announced that it will convene two public meetings to discuss the ANPR. 72 Fed. Reg. 18191. The meetings will be in Chicago, Ill., and Arlington, Va., on May 2, 2007, and May 22, 2007 respectively.



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