Portal: United States Environmental Protection Agency

“ In addition, disposal or return of product already in users hands is burdensome, especially in a case where EPA does not believe there is a substantial or imminent risk to continued use. Disposal can be expensive with costs both for transportation and disposal itself. When containers of sulfoxaflor have already been opened, transporting them can create a greater risk of spillage. Opened containers also create additional burden when sent for disposal because proper disposal may require that the content be verified, adding additional expense. ”

“ The fact remains that distributors and end-users may have possession of stocks of a pesticide product purchased in good faith after EPA issued a registration permitting distribution of the product in commerce and establishing conditions pertaining to the use of the product. The issuance of a cancellation order allows the Agency to appropriately regulate distribution and use of those stocks. ”

“ EPA has not yet obtained additional data nor has EPA assessed whether the currently available data could support a subset of uses without triggering the additional data that the Court determined were required for the registrations as EPA had approved them. Therefore, because the Court rejected EPA's conclusions that sulfoxaflor could be registered, the cancellation order issued today restricts sale and distribution of existing stocks of sulfoxaflor except for safe disposal, lawful export or to facilitate return to the manufacturer. ”