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thiophanate-methyl (Topsin M) NYS DEC Section 18 Approval Letter 5/02

Date: May 6, 2002
Expires: September 30, 2002
Report Due: March 31, 2003
File Symbols: 02-NY-09

NY State Dept. of Environmental Conservation
Division of Solid & Hazardous Waste Materials
Bureau of Pesticides Management
Pesticide Product Registration Section
50 Wolf Road
Albany, NY 12233-7257

Attn: Robin Hackett
Fax: 518-402-9024

The Environmental Protection Agency hereby grants a specific exemption under the provisions of section 18 of the Federal Insecticide, Fungicide, and Rodenticide Act, as amended, to the New York State Department of Environmental Conservation for the use of Thiophanate methyl, formulated as Topsin M WSB, to control various fungal diseases in blueberries. This specific exemption is subject to the conditions and restrictions set forth in your request, as well as the following:

  1. The New York State Department of Environmental Conservation is responsible for ensuring that all provisions of this specific exemption are met. It is also responsible for providing information in accordance with 40 CFR 166.32. This information must be submitted to EPA Headquarters and the appropriate EPA Regional Office.

  2. Topsin M WSB Fungicide, EPA Reg. Nos. 4581-408, 73545-8, or 4581-377; manufactured by Cerexagri, Inc., may be applied. All applicable directions, restrictions and precautions on the EPA-registered product labels must be followed.

  3. A maximum of three (3) applications may be made, by ground or aerial application, at 7-10 day intervals, at a rate of 1 lb. of product (0.7 lb. active ingredient [a.i.]) per acre. No more than 3 lb. product ( 2.1 lb. a.i.) per acre may be applied per year. A worker re-entry interval (REI) of 12 hours must be observed. Product may not be applied through any type of irrigation system. Please note that this use pattern differs from the initial exemption requests, which requested a maximum of 5 applications. EPA scientists have determined that available data do not support more than 3 applications per year.

  4. A 7-day pre-harvest interval must be observed.

  5. A maximum of 700 acres of blueberries may be treated under this exemption.

  6. If more than one benzamidazole product (i.e., a product containing benomyl as the active ingredient) is used, than the total poundage of all such products must not exceed 3 lbs.

  7. Analytical methodology for enforcement purposes is available from the Health Effects Division, OPP (7509C), EPA, 1200 Pennsylvania Ave NW, Washington, DC 20460. Analytical reference standards are available from the registrant of thiophanate methyl, Cerexagri, Inc.

  8. The EPA Headquarters and EPA Regional Office shall immediately be informed of any adverse effects or misuse resulting from applications made in connection with this specific exemption.

  9. This specific exemption expires on September 30, 2002.

  10. A report summarizing the results of this program must be submitted by March 31, 2003, to EPA Headquarters and the EPA Regional Office, or prior to submitting another request for this use, whichever is sooner.

EPA notes that azoxystrobin, a systemic fungicide, has recently been given a revised label for use on blueberries, but its effectiveness has not been sufficiently tested. Therefore, EPA recommends that fungicide trials be conducted with azoxystrobin to determine is efficacy, and results be submitted with any future exemption requests for this use. Fungicide trials should include treatments that will allow comparison of alternative fungicide efficacy, and with consideration for reducing the risks of pathogen resistance to azoxystrobin. Comparison of treatments that include rotating thiophanate methyl and/or azoxystrobin with contact fungicides will be helpful in future evaluation of thiophanate methyl needs. If an exemption request is submitted in the future for this use, this issue must be fully addressed.

James Jones, Deputy Director
Office of Pesticide Programs

Date: 5/6/02

cc: US EPA, Region 2
Adrian Enache

Donna Porter
Food & Drug Administration
5600 Fishers Lane
Rockville, MD 20857

Sonia Delgado, HFS-607
Food & Drug Admin / CFSAN
Washington, DC 20204

ASTHO Representative
New York State Department of Health
Corning Tower Building, Empire State Plaza
Room 1482
Albany, NY 12237