ethephon (Ethrel, Florel) NYS DEC Letter - Denial of Application 5/99
New York State Department of Environmental Conservation
Division of Solid & Hazardous Materials
Bureau of Pesticides Management
Pesticide Product Registration Section
50 Wolf Road, Albany, New York 12233-7257
Phone 518-457-7446 FAX 518-485-8990
May 20, 1999
RETURN RECEIPT REQUESTED
Linda D. Burgess
Rhone-Poulenc Ag Company P.O. Box 12014
Research Triangle Park, NC 27709
Dear Ms. Burgess:
Re: Denial of Application to Register a Major Change in Label for Ethephon Contained
in the Pesticide Product - Chipco brand Proxy (EPA Reg. No. 264-267)
The Department has denied your application, received on August 20, 1998, for the additional
use of Chipco Brand Proxy (EPA Reg. No. 264-267) on turf. The Department has taken this
action because, on January 13, 1999, the Department sent you a request (copy enclosed) for
additional data to support your application for the above referenced pesticide product.
The 45-day time period allowed by law for your response expired on March 5, 1999. Therefore,
on March 18, 1999, the Department sent a proposal to deny your application, effective 30
from your receipt of our letter. The 30 day time period allotted expired on April 26, 1999.
To date the requested information has not been received. Therefore the Department has
denied your application due to incompleteness.
You are reminded that the application fee is nonrefundable. If you wish to reapply, you must
submit a complete new application for registration with all required documents and applicable
application fee, along with the requested information, to register the above mentioned
product. Please be aware that any unregistered product may not be sold, offered for sale,
distributed, or used in New York State.
During the initial review of your application, staff identified several areas of concern,
which must be addressed by your company should you decide to reapply for registration of
the above pesticide product. The active ingredient, ethephon is currently registered for use
in New York State as a plant growth regulator for use on tobacco, cherries, grapes, apples,
walnuts, peppers, blackberries and cantaloupes, for the removal of dwarf mistletoe in
ornamental conifers and leafy mistletoe in ornamental deciduous trees, and for the elimination
of undesirable fruit on apple, crabapple, carob and olive trees. Ethephon is also registered
for commercial use for reducing lodging in barley, wheat and grasses grown for seed and for
use on certain ornamentals to increase lateral branching. The maximum application rate is 2
lbs a.i. per acre per year.
Chipco Brand Proxy contains 2 lbs. of active ingredient per gallon of product. It may be
foliarly applied at a rate of up to 4 lbs a.i. per acre per application. It may be applied
every four weeks. There is no maximum application rate specified on the label.
Photodegradation is not a major degradation route for ethephon, after moving into the soil
zone, it will degrade fairly rapidly under both aerobic and anaerobic conditions. However,
during field studies, its degradate, 2-hydroxy ethyl phosphonic acid was persistent and its
concentration increased throughout the study period, reaching 42.6 % of the applied amount
of ethephon in 30 days. Until further information is available, it appears that this product
may cause significant impact to the groundwater in New York State.
Any application for additional uses of this active ingredient must include physiochemical
information regarding this degradate. Additionally, Rhone-Poulenc must provide data to the
Department which justifies the lack of a maximum stated application rate or include a maximum
yearly application rate on their product label. If Rhone-Poulenc AG Company chooses to
state a maximum application rate on their product label, the Department will require data
that justifies the stated maximum application rate.
Should you have any questions regarding this letter, please contact Betty Seeley, of
my staff at (518) 457-7446.
Maureen P. Serafini
Pesticide Product Registration Section