US EPA reinstates import tolerances and removes expired tolerances of Carbofuran

Date:04-24-2015

The U.S. EPA has recently announced to reinstate four import tolerances (bananas, coffee, rice, and sugarcane) for Carbofuran, in order to comply with a DC Circuit decision and order vacating the Agency's revocation of those tolerances. The agency also removed several carbofuran time-limited tolerances that have already expired.

On July 31, 2008, EPA had proposed to revoke all Carbofuran tolerances and provided a 60-day public comment period. During the objection period, the Carbofuran registrant, FMC Corporation, and three grower associations (National Corn Growers Association, National Sunflower Association, and National Potato Council) submitted objections to EPA's tolerance revocations and requested an administrative hearing.

Finally, the court upheld EPA's revocation of all Carbofuran domestic tolerances, but vacated EPA's revocation of the four import tolerances (bananas, coffee, rice, and sugarcane). Because the D.C. Circuit vacated EPA's revocation of the four import tolerances for Carbofuran, they are in fact, currently in effect. So, EPA is revising the the Code of Federal Regulations (CFR) to accurately reflect the current legal status of the four import tolerances by removing the expiration dates. Specifically, EPA is removing the expiration date of December 31, 2009 associated with the Carbofuran tolerances on banana; coffee, bean, green; rice, grain; and sugarcane, cane. Also, EPA is removing other Carbofuran tolerances that expired on December 31, 2009, such as alfalfa, barley and so on.