EPA last month rejected a Feb. 18 request by Dow AgroSciences to hold an administrative hearing under FIFRA related to EPA’s proposed decision to revoke tolerances for the insecticide sulfuryl fluoride and fluoride, a breakdown product.
Administrative hearings related to tolerance revocations are normally held pursuant to the Federal Food, Drug, and Cosmetic Act. However, the courts have recently determined that EPA has wide discretion under FFDCA on whether to grant a request for an administrative hearing when it revokes a tolerance. EPA lacks such discretion when it comes to cancelling pesticides – under FIFRA, it must hold a hearing, if requested by a registrant, after issuing a Notice of Intent to Cancel a pesticide.
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