New law retains sulfuryl fluoride for food use

FAIRFAX, VA — The following is a Feb. 7 letter from Gene Harrington, vice president of Government Affairs for the National Pest Management Association (NPMA), to association members:

It’s official!!! President Obama today signed legislation into law retaining the food uses for the fumigant sulfuryl fluoride. The measure is part of the much larger, 950-page plus Farm Bill Conference Report.  The enactment of the sulfuryl fluoride provision caps offs a monumental legislative victory for NPMA — one that would not have been possible without your lobbying your federal lawmakers about the importance of retaining sulfuryl fluoride’s food uses.

The legislation effectively reverses a proposed order revoking or withdrawing sulfuryl fluoride’s food tolerances that U.S. EPA put forward in January of 2011 under the threat of activist group litigation. The activists claimed that sulfuryl fluoride’s tolerances were not permissible because the “risk cup” for sulfuryl fluoride was already filled with fluoride in drinking water and dental care products.

Congratulations on a huge legislative triumph.  Below is the sulfuryl fluoride language and a statement explaining the provision that accompanied the bill.

SEC. 10015. REGULATION OF SULFURYL FLUORIDE.

Notwithstanding any other provision of law, the Administrator of the Environmental Protection Agency shall exclude nonpesticideal sources of fluoride from any aggregate exposure assessment required under section 408 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 346a) when assessing tolerances associated with residues from the pesticide.

Study on Proposed Order Pertaining to Sulfuryl Flouride

The House bill authorizes a report to Congress regarding the potential economic and public health effects that would result from finalization of the proposed order pertaining to sulfuryl fluoride. (Section 10016)

The Senate amendment has no comparable provision.

The Conference substitute adopts the House provision with an amendment. The amendment directs the Administrator of the EPA to exclude nonpesticidal sources of fluoride from aggregate exposure assessments required under section 408 of the FFDCA when assessing tolerances associated with residues from the pesticide. (Section 10015)