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Chlorpyrifos - Registration of Special Local Need Labeling for Lorsban-4E and Lorsban 15G 6/02

New York State Department of Environmental Conservation
Division of Solid & Hazardous Materials
Bureau of Pesticides Management
Pesticide Product Registration Section
625 Broadway, Albany, New York 12233-7257
Phone 518-402-8768     FAX 518-402-9024
Website: http://www.dec.state.ny.us/website/dshm
E-Mail: ppr@gw.dec.state.ny.us

June 21, 2002

CERTIFIED MAIL
RETURN RECEIPT REQUESTED

Raymond S. Brinkmeyer, Ph.D.
State Regulatory Leader
Regulatory Success - Americas
Dow AgroSciences LLC
9330 Zionsville Road
Indianapolis, Indiana 46268-1054

Dear Dr. Brinkmeyer:

Re: Registration of Special Local Need Labeling for Lorsban-4E (EPA Reg. No. 62719-220) and Lorsban 15G (EPA Reg. No. 62719-34)

    The Department has reviewed your application, received June 21, 2002, to register Special Local Need (SLN) labeling for Lorsban-4E (EPA Reg. No. 62719-220) and Lorsban 15G (EPA Reg. No. 62719-34) in New York State.

    The SLNs allow only one application of either product on snap beans for the control of seed maggots at a maximum application rate of one pound of chlorpyrifos per acre.

    The Department has received numerous letters which expressed the need for the use of Lorsban on snap beans for the control of seed maggots.

    Seed maggots, which include the seedcorn maggot and the bean seed maggot, are sporadic but potentially devastating pests of snap beans. Plants become misshapen, stunted or killed as larvae feed on the seed, roots and/or stem. Seed maggots may feed on several seeds and plants, or both, during its lifetime and can be present in the soil before the crop is planted. There may be 3 to 5 generations per year in New York State. High infestations of seed maggots are often associated with conventionally managed fields in which organic material is actively decaying and when conditions are cool and wet and the field is poorly drained. These conditions have been prevalent this spring and some fields have as much as 80-90% damage by seed maggots. To minimize risk of seed maggot damage, virtually all growers plant their acreage with insecticide-treated seed.

    The standard product of choice has been Lorsban 50-SL. All seed is treated by the seed company and growers order the seed in January.

    However, in light of problems with black bean aphids and potato leafhoppers in 2001, New York State snap bean growers elected to have their seed treated with imidacloprid instead of chlorpyrifos. Imidacloprid is purported to have activity against seed maggots, aphids and leafhoppers. Therefore, given the data available, the decision to switch from chlorpyrifos- to imidacloprid-treated seed seemed very logical. Unfortunately, the imidacloprid seed treatment has not been effective for controlling the high populations of seed maggots many growers have faced this spring and will continue to battle through mid-summer. It is unclear whether this control failure is due to the unusually high populations of maggots or whether these insects have developed some resistance to imidacloprid.

    The best option for maggot control, at this point in time, is the use of Lorsban-4E or Lorsban 15G as a soil treatment. The use of Lorsban-4E or Lorsban 15G as a soil treatment should provide protection of New York State's snap bean fields from seed maggots.

    Due to the urgent timing of the requested Lorsban-4E or Lorsban 15G application, Special Local Need registrations are needed.

    Therefore, under the authority of Section 24(c) of FIFRA, the Department hereby grants Special Local Need registrations for Lorsban-4E (EPA Reg. No. 62719-220) and Lorsban 15G (EPA Reg. No. 62719-34) which allow one application on snap beans for the control of seed maggots. Lorsban-4E (EPA Reg. No. 62719-220) is assigned the registration number SLN No. NY-020002. Lorsban 15G (EPA Reg. No. 62719-34) is assigned the registration number SLN No. NY-020003. Both SLN registrations expire December 31, 2002.

    The SLNs allow use on snap beans only. All precautionary statements, applicable use directions, use precautions and limitations of the labeling affixed to the Lorsban-4E and Lorsban 15G containers must be followed.

    The product, Lorsban-4E (SLN No. NY-020002), is classified as a federally "RESTRICTED USE PESTICIDE," and as noted on the "restriction" column on the certificate, is classified as "restricted use" in New York State.

    As such, this product is restricted in its purchase, distribution, sale, use, and possession in New York State.

    According to New York State Department of Environmental Conservation Regulations 6NYCRR 326.3(a): "It shall be unlawful for any person to distribute, sell, offer for sale, purchase for the purpose of resale, or possess for the purpose of resale, any restricted pesticide unless said person shall have applied for, and been issued a commercial permit."

    Should you require information to obtain a commercial permit, please contact the Pesticide Certification Section, at (518) 402-8748.

    The Certificate of Pesticide Registration and a copy of the New York State stamped "ACCEPTED" SLN labeling for Lorsban-4E and Lorsban 15G are enclosed for your records.

    Please be reminded that a copy of the accepted SLN label must be distributed with all product distributed in New York State and be in the possession of the user at the time of pesticide application.

    Please contact Ms. Jeanine Broughel, of my staff, at (518) 402-8768, if you have any questions.

Sincerely,

Samuel J. Jackling
Chief
Pesticide Product Registration Section

Enclosures
cc: w/enc. - N. Kim/D. Luttinger - NYS Dept. of Health
R. Zimmerman/ R. Mungari - NYS Dept. of Ag. & Markets
G. Good/W. Smith - Cornell University, PMEP