The EPA has a process by which is allows chemicals like pesticides into the public market. Frequently, the EPA gives a tentative approval to a product under the identification “conditional” basis. This is supposed to mean that this product—usually being moved into the consumer market rather quickly and with limited scientific studies concerning its safety—has been proven safe enough for now, but if new evidence arises questioning that safety the EPA reserves the right to pull it from the market. Unfortunately, historically speaking, “conditional” basis while technically a tentative classification, has basically meant permanent in regards to the pesticide industry. But this might be changing. Flubendiamide, not considered by many to be on the more toxic side of insecticides, is getting a new look by the EPA.
But flubendiamide is now at the center of a public dispute between the Environmental Protection Agency and the company that sells it, Bayer Crop Science. That dispute is arousing fear in the pesticide industry — and hope among activists who are pushing for the EPA to regulate pesticides more tightly.
The EPA wants to cancel its approval of this pesticide. The agency says that there is now evidence that this chemical will accumulate in streams and lakes, where it will kill off small, freshwater creatures like snails and crabs that play a crucial role in the entire web of aquatic life.
The fact that the EPA is using its “conditional” classification to make this move is freaking out the pesticide industry because there are literally thousands of pesticides carrying the “conditional” distinction.
In the case of flubendiamide, the EPA was concerned, from the beginning, about the possibility that the chemical would accumulate in water. The agency has now concluded that this is likely.
Bayer Crop Science had this to say:
Crop Science, a division of Bayer, announced today it has refused a request by the Environmental Protection Agency (EPA) to voluntarily cancel the uses of flubendiamide in the United States and instead will seek a review of the product’s registration in an administrative law hearing.
The company believes the methods used by the EPA exaggerate environmental risk and would deny farmers access to a critical pest management tool. Sold in the U.S. by Bayer under the trade name Belt®, flubendiamide is approved for use on more than 200 crops because of its strong pest performance, favorable environmental and toxicological profile, and excellent fit in integrated pest management (IPM) programs.
This means that Crop Science continues to sell their illegal product. Here’s the thing—Crop Science may be able to prove that their product isn’t just straight up poison but you don’t get to sell it without that proof. If I decided to call myself Crop Science Bayer Einenkel you better believe I would get a cease and desist letter, and even if I had the legal right to rename myself that awesome name, I wouldn’t be allowed to use it until things got sorted out without risking more serious charges.