EPA Seeks Public Comment on Petition for Rulemaking to Require Efficacy Data for Systemic Insecticides

For Release November 24, 2023

EPA is seeking public comment on a petition received from the Public Employees for Environmental Responsibility (PEER), the American Bird Conservancy (ABC), and 63 additional signatories requesting that the Agency initiate a rulemaking for neonicotinoid and other systemic insecticides.

These insecticides are applied directly to the plant, soil, and/or used as a seed treatment depending on the specific use site and target pest. The petition asserts that data regarding efficacy of these insecticides are necessary to examine if the benefits of use outweigh the potential risks to non-target species and biodiversity. Petitioners are requesting that EPA amend the existing regulations under the Federal Insecticide, Rodenticide, and Fungicide Act (FIFRA) to require all applicants and registrants of neonicotinoid and other systemic insecticides to provide performance (efficacy) data to EPA in applications for registration and during registration review. Specifically, the petition seeks amendments to 40 CFR 158.400(e)(1) to require the submission of product performance data for neonicotinoid and other systemic insecticides with new applications for registration and for existing registrants of these insecticides within 180 days of the publishing of the petitioned rule. The petition also seeks amendments to the rule to preclude EPA from registering and to require EPA to “revoke any existing registration” for “any neonicotinoid or other systemic insecticide that lacks a demonstration that its benefits exceed its environmental and overall costs.”

Public comment on this petition will be open for 60 days. To view the petition or submit a comment, go to www.regulations.gov and search for docket ID EPA-HQ-OPP-2023-0428.