U.S. EPA provides update on streptomycin uses on citrus

Date:03-06-2024

The U.S. Environmental Protection Agency (EPA) is providing the following update in light of the Ninth Circuit’s December 2023 decision that vacated the 2021 registration amendments for streptomycin because of the Agency’s failure to comply with the Endangered Species Act. The 2021 amendments added a time-limited use on citrus crop group 10-10 for two streptomycin sulfate pesticide products. The Citrus crop group 10-10 includes orange, tangerine, lime, grapefruit commodities and varieties of these citrus fruits.

On February 5, 2024, the Court’s order vacating the 2021 amendments became effective, making it unlawful to sell or distribute AGRI-SEED™ 50 WP also branded as Firewall™ 50 WP (EPA Reg. No. 80990-3) and EAC™ Streptomycin Manufacturing Use Product (EPA Reg. No. 91275-1) labeled for use on citrus. On March 4, 2024, EPA issued a Notice of Use Termination and an Existing Stocks Order for Time-Limited Use on Citrus Crop Group 10-10 for these products. The existing stocks order addresses use of these streptomycin products on citrus and authorizes limited sale and distribution of some of these products that are already in the possession of growers or in the channels of trade and outside the control of the pesticide companies.

Background

Streptomycin is an antibiotic that is registered for use as a pesticide to control bacteria, fungi and algae on fruit, vegetables, seed and ornamental crops. AGRI-SEED™ 50 WP and EAC™ Streptomycin Manufacturing Use Product were first registered in 2003 and 2002, respectively. In 2015, the registrants submitted applications to amend these registrations to add a new use on citrus. After an opportunity for public comment, EPA granted these registration amendments on January 12, 2021. On March 25, 2021, Migrant Clinicians Network (along with other environmental and farmworker organizations) petitioned the Ninth Circuit for review of EPA’s registration decisions. On December 13, 2023, the Court issued an opinion vacating the 2021 registration amendments for use on citrus. The Court’s decision to vacate these registration amendments became effective on February 5, 2024. As of that date, it has been unlawful to sell or distribute these products labeled for use on citrus.

Existing Stocks Order

Under the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), EPA may permit the sale and use of existing stocks of a pesticide that has been cancelled or suspended. Existing stocks are those products that have been released for shipment as of the date or the cancellation or suspension. On March 4, 2024, EPA issued an existing stocks order for AGRI-SEED™ 50 WP and EAC™ Streptomycin Manufacturing Use Product. Absent an existing stocks order, it would be unlawful for registrants and downstream sellers and distributors to sell or distribute these products, even for destruction or relabeling. Additionally, this existing stocks order will ensure that any use of previously purchased product is consistent with the product labeling.

EPA’s order allows for sale and distribution of existing stocks by the registrants for purposes of proper disposal, lawful export, or relabeling. For downstream sellers and distributors and end users, EPA’s order is divided geographically because EPA understands that the only use of AGRI-SEED™ 50 WP on citrus is in Florida.

Thus, in all states except Florida, EPA is permitting sale and distribution of existing stocks of these products already in the possession of growers or in the channels of trade and outside the control of pesticide companies, until May 31, 2024 to accommodate use against fire blight on crops such as pears and apples (which was not impacted by the Court’s order). EPA is also prohibiting any use of AGRI-SEED™ 50 WP on citrus in these states as of the date of the order.

In Florida, EPA is only permitting sale or distribution of existing stocks of these products already in the possession of individuals other than the registrants for the purposes of proper disposal, lawful export, or return to the registrant (e.g., for relabeling). However, because EPA recognizes that there are likely existing stocks of AGRI-SEED™ 50 WP in the possession of citrus growers, EPA’s order permits use on citrus for the current growing season (until August 31, 2024) provided that the use is consistent with the previously approved labeling ensuring that users must comply with existing labeling protections for human health and the environment.

For complete details on the existing stocks order, please see EPA’s Notice of Use Termination and Existing Stocks Order for Time-Limited Use on Citrus Crop Group 10-10 on Certain Streptomycin Sulfate Products.

Next Steps

EPA will continue to update the public and the states as it evaluates and takes any actions related to streptomycin use on citrus.

Read the Existing Stocks Order for Streptomycin