US EPA approves new California-specific labels for sulfoxaflor with additional protections for threatened and endangered species

The U.S. Environmental Protection Agency (EPA) has approved new California-only labels for the insecticide sulfoxaflor that include new mitigations to protect federally threatened and endangered (listed) species and designated critical habitats in California. The two sulfoxaflor product labels are approved for use on many commercial crops, including corn, wheat, and rice.

Sulfoxaflor is a liquid insecticide that targets aphids and other piercing and sucking insects and is considered compatible with Integrated Pest Management programs. Growers and applicators can use sulfoxaflor in rotation with other insecticides to reduce the potential spread of insecticide resistance.

Label Requirements to Protect Listed Species in California

Corteva, the registrant for both of the California-only sulfoxaflor products, submitted proposed label amendments to EPA to address the Agency’s predictions of potential likelihood of future jeopardy to listed species and adverse modification to critical habitats in California presented in EPA’s 2023 final biological evaluation for sulfoxaflor. Corteva subsequently proposed additional label amendments consistent with requests made by the California Department of Pesticide Regulation.

EPA has determined that the following mitigation measures under the Endangered Species Act are necessary to support a prediction of no likelihood of future jeopardy and adverse modification to listed species and any critical habitats in California:

• Requiring a 200’ on-field downwind buffer for aerial broadcast applications;

• Requiring a 65’ on-field downwind buffer for ground broadcast applications;

• Requiring Pesticide Use Limitation Areas (PULAs) for 51 counties in California requiring one sub-county PULA within northern San Diego County where sulfoxaflor use is prohibited in order to protect a small portion of the designated critical habitat for one listed species; and

• Instructing users to access and follow any applicable endangered species bulletin from ″Bulletins Live! Two″ web-based system for all additional directions and restrictions.

For a complete list of the required mitigations, see the revised product labels in the docket at EPA-HQ-OPP-2010-0889 on www.regulations.gov.

Next Steps

In March 2023, EPA issued the final biological evaluation which determined that sulfoxaflor is likely to adversely affect listed species and critical habitats. That same month the Agency initiated formal consultation with the U.S. Fish and Wildlife Service and the National Marine Fisheries Service (collectively referred to as the Services).

During formal consultation, the Services use the information in EPA’s final biological evaluation to inform their biological opinions. While EPA has made predictions about the potential likelihood of future jeopardy/adverse modification as part of its biological evaluation, the Services are responsible for making the actual final jeopardy/adverse modification findings and have the sole authority to do so. If the Services determine in their final biological opinions that additional mitigations are necessary to address any jeopardy/adverse modification determination or to address any unintentional harm known as incidental take, then EPA will work with Corteva to ensure that any necessary registration or labeling changes are made.

All the supporting documents related to sulfoxaflor are available at EPA-HQ-OPP-2010-0889.