EPA appeals board upholds cancellation of Bayer's Belt
EPA's Environmental Appeals Board has upheld the cancellation of flubendiamide, a Bayer CropScience insecticide sold under the trade name Belt, but will allow existing stocks to be sold by retailers.
The EAB decision, issued late this afternoon, upheld an earlier ruling by an administrative law judge who said Bayer and fellow registrant Nichino America willingly agreed with the terms of conditional registrations they received in 2008: that if EPA determined flubendiamide caused “unreasonable adverse effects” on the environment, then the companies would have to voluntarily cancel their registrations.
When EPA made the “unreasonable adverse effects” determination on Jan. 29, however, the companies decided to file an administrative challenge.
In its decision, the three-judge EAB said that under the Federal Insecticide, Fungicide, and Rodenticide Act, Bayer and Nichino could not challenge the conditions of the registration. Said the EAB:
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