Bergeson & Campbell, P.C. serves small, medium, and large pesticide product registrants and other stakeholders in the agricultural and biocidal sectors, in virtually every aspect of pesticide law, policy, science, and regulation.

By Lisa M. Campbell and Heather F. Collins, M.S.

On November 19, 2018, the U.S. Environmental Protection Agency (EPA) announced that the U.S.-Canada Regulatory Cooperation Council (RCC) Stakeholder Forum will take place on December 4, 2018, from 12:00 p.m. to 5:15 p.m. (EST) and on December 5, 2018, from 9:00 a.m. to 5:00 p.m. (EST) at the Washington Convention Center, 801 Mt. Vernon Place, in Washington, D.C.  The RCC brings together senior regulatory officials, industry, and other members of the public from both sides of the U.S.-Canada border to promote economic growth, innovation, competitiveness, and job creation through the elimination of unnecessary regulatory differences between the U.S. and Canada.  Canadian and U.S. regulators will provide progress reports on existing regulatory cooperation efforts and solicit public input on new opportunities for regulatory cooperation. 

During the forum, EPA’s Office of Pesticide Programs (OPP) and Canada’s Pest Management Regulatory Agency (PMRA) will lead a breakout session that will include updates on the successes of the 2016 work plan and cooperation between the two agencies pertaining to pesticide registration.  The U.S. and Canadian agencies are working together to:

  • Collaborate on a bilateral pesticide re-evaluation for three neonicotinoid pesticides (i.e., imidacloprid, thiamethoxam, and clothianidin) employing a new pollinator risk assessment framework;
  • Develop best practices for coordinated work planning for the re-evaluation of registered pesticides;
  • Develop new and/or alternative approaches to testing and assessment, including reducing the need for animal testing wherever possible;
  • Align pesticide residue trial requirements by prospectively determining the number of residue field trials required for joint registrations; and
  • Jointly develop information technology solutions that facilitate the submission of applications to either regulatory authority.

Additionally, both offices hope to hear feedback from stakeholders to help inform a new three-year pesticide programs work plan for 2019-2021.  

Specific times for this and other breakout sessions, as well as more detail, will be made available online.  The Stakeholder Forum is open to the public, with advance registration.  Space is limited and registrations will be accepted on a first-come-first-served basis.  Registration is available online.


 

NAFTA TWG on Pesticides Meeting

By Lisa M. Campbell and Margaret R. Graham

On November 3-5, 2015, the North American Free Trade Agreement (NAFTA) Technical Working Group (TWG) on Pesticides, established in 1997 to streamline certain pesticide shipments between Canada (CN), Mexico (MX), and the United States (U.S.), held a meeting hosted by the U.S. Environmental Protection Agency in Durham, North Carolina.  NAFTA TWG states that its primary objective “is to develop relevant and cost-effective pesticide regulation and trade among the three countries and meet the environmental, ecological, and human health objectives of NAFTA.”  Further, TWG partners address trade issues, national regulatory and scientific capacity, governmental review burden, and coordination of regulatory decision making and industry burden reduction.

The topics discussed at its November meeting, a government-stakeholder meeting with the Executive Board, regulatory officials, and interested stakeholders such as growers, industry, and public interest groups, were:

     Five-Year Strategic Plan and NAFTA Industry Working Group (IWG) Updates.  The presentation was as follows:

      Science and Policy Initiatives:

  • Updates on Pollinator Protection in the U.S., CN, and MX.  The presentations were as follows:

          “Update on Pollinator Protection Activities in the U.S.” (Lead: U.S. - Rick Keigwin);

          “Pollinator Protection in Canada” (CN - Scott Kirby);

          MX’s input regarding “US EPA Guidance for Assessing Pesticide Risks to Bees” (Lead: MX -

          SEMARNAT or SENASICA);

          “Update on Mexican Project: Preliminary Study on Some Factors That Influence on Bee Colony

          Loss in Different Regions of Apicultural Importance in Mexico” (Lead: MX - Nelly Peña); and

          “Pollinator Update: US, CN, and MX” - Presentation on Behalf of IWG on Pesticides (Lead: CN -

          Maria Trainer, CropLife Canada).

  • Re-evaluation of Neonicotinoid Pesticides Update in the U.S. and Canada.  The presentation was as follows:

          “Update on Re-evaluation of Neonicotinoid Pesticides in the U.S. and CN” (Leads: U.S. -

          Don Brady and CN - Margherita Conti).

  • Minor Use Program Developments. The presentations were as follows:

          “Joint Minor Use Updates” (Leads: U.S. - Susan Lewis and CN - Margherita Conti); and

          “IR-4: Update on Local Minor Uses” (Leads: U.S. IR-4 - Dan Kunkel and MX - 

          Alma Liliana Tovar Diaz).

  • Maximum Residue Limits (MRL)/Codex.  The presentations were as follows:

          “MRL Alignment Activities Update” (Leads: U.S. - Susan Lewis and CN - Yadvinder Bhuller);

          “Benefits of Harmonized MRLs” (Lead: CN - Gordon Kurbis, Pulse Canada); and

          “Inadvertent Residues” (Lead: CN - Craig Hunter, Ontario Fruit and Vegetable Growers’

          Association).

    Stakeholder Presentations and Discussions:

  • Stakeholders’ Lessons Learned on Joint Reviews including Industry’s Experiences and Prospectives of Joint Reviews. The presentations were as follows:

          Lead:  CN - Tanya Tocheva, Syngenta Crop Protection Canada;

          Lead:  CN - Gordon Kurbis, Pulse Canada; and

          Lead:  MX - Hector Guillén, Avocado Growers Association, APAMEX.

  • Progress of the TWG’s joint action plan and receipt of input on the next phase of activities.
  • Discussion on Future Collaboration Regarding Joint Review.

The presentations, many of which address issues of significant controversy and debate, are of interest to many in industry and to other stakeholders.