EPA plans to extend fenamiphos distribution date and establish final phase-out date

EPA is seeking comment on an Agency proposal to allow sale and distribution of existing stocks of the fenamiphos product, Nemacur 3 Emulsifiable Systemic Insecticide-Nematicide, for one additional year and prohibiting use of existing stocks of all fenamiphos products after three years. This proposal was developed in response to a request from Maui Pineapple, an end user, to allow additional time to sell and distribute existing stocks of Nemacur 3 Emulsifiable, which contains the active ingredient fenamiphos. EPA is proposing to amend the existing stocks provision of the fenamiphos cancelation order, granting the request for persons other than the registrant to sell and distribute existing stocks of this fenamiphos product for one year from the issuance date of the order and prohibiting all fenamiphos use after three years from the issuance date of the order.

fenamiphos is an organophosphate insecticide whose product registrations were voluntarily cancelled by the registrant. The product cancellations became effective on May 31, 2007. Sale and distribution of existing stocks of EPA Reg. No. 264-731 by persons other than the registrant were prohibited after March 31, 2009, and end users were allowed to use existing stocks of all fenamiphos products until supplies were exhausted.

The proposed extension of the sale and distribution date for this product would allow for a redistribution of existing product already in the hands of end users; no new fenamiphos products would enter the marketplace. In addition, while the Agency had initially allowed use of existing stocks of fenamiphos products until exhausted, it did not anticipate that fenamiphos products would not move through the channels of trade and be depleted by end users in a timely manner. Therefore, the Agency is now proposing to prohibit use of all fenamiphos products three years after publication of the final amended order.