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CPDA NEWS

OSHA Acknowledges CPDA Concerns in Response to Joint Industry Petition on Relabeling Requirements of HCS 2012

 

The U.S. Occupational Safety and Health Administration (OSHA) has issued a December 9, 2016 response to the joint industry petition filed on May 24, 2016 by CPDA, the Agricultural Retailers Association, the International Sanitary Supply Association, and the Society of Chemical Manufacturers and Affiliates requesting that the Agency issue a Direct Final Rule to amend its 2012 Hazard Communication Standard (HCS 2012).  Under the existing regulations, all products bearing 1994 or 2012 compliant labels when initially received in a warehouse are subject to relabeling within six months of obtaining new hazard information before they can be shipped from the warehouse.  CPDA and the other petitioners sought to have OSHA clarify that when firms handling products in sealed containers in warehouses become aware of significant new chemical hazard information they may comply with HCS 2012 by the electronic transmission of an updated label to downstream entities in a manner similar to how updated safety data sheets are transmitted.  Unfortunately, OSHA denied the request for a Direct Final Rule maintaining that the remedy sought by the petitioners constituted a “multifaceted” change to the HCS 2012 that would impact not only manufacturers and distributors, but workers as well and hence would require a full rulemaking with notice and comment.  However, the Agency did express its willingness to consider CPDA’s concerns as OSHA begins the process of initiating a rulemaking to align the HCS 2012 with the sixth revision of the GHS.  Specifically, OSHA acknowledged CPDA’s concerns with regard to the significant chemical exposure and ergonomic risks that workers would be subjected to if required to re-label products previously packaged for shipment and stored in warehouses.  Furthermore, OSHA recognized the concerns articulated by CPDA that most warehouses lack the automated equipment necessary to re-label these products in an ergonomically safe and effective manner.

 

These issues were raised by CPDA President Sue Ferenc during a November 16, 2016 “listening session” conducted by OSHA for purposes of receiving stakeholder input as the Agency prepares to begin its rulemaking to revise the HCS 2012.  As a follow-up to the November meeting, CPDA is preparing comments for submission to OSHA in early January on the relabeling impacts of HCS 2012 as it is currently written, including its associated ergonomic and worker safety risks, estimated compliance costs, and the regulatory impacts of allowing revised labels to appear on products manufactured (rather than shipped) six months after learning of significant new hazard information.  To read OSHA’s December 9, 2016 response to the joint industry petition, click here.

We’re Working on It!!

Welcome to the new and revamped CPDA web site!  As you can see, we’re still going through some growing pains and pulling our hair out as we continue to build a site that will better serve your needs.  Please be patient with us as we go through this process.  Once done, we promise you will be pleased with the results!

CPDA-Canada

CPDA-Canada is an incorporated subsidiary in Canada of the Council of Producers & Distributors of Agrotechnology based in Washington, DC, USA. CPDA-Canada was created in 2013 in response to growing interest from CPDA members looking to establish a firm foothold in the Canadian agrotechnology market that would provide growers greater access to effective and competitively priced generic pesticide products and tank-mix adjuvants.

CPDA-Canada is the only legally incorporated trade association in Canada representing the interests of manufacturers, formulators, and distributors of post patent pesticides and tank-mix adjuvant products, working to minimize current barriers to market entry.

CPDA-Canada strives to replicate CPDA’s U.S. successes in Canada; to bring fairness and equity to the Canadian pesticide industry. CPDA-Canada works diligently to better increase  the availability of high quality, low priced post patent pesticides and adjuvant products to Canadian growers and producers.

CPDA-Canada membership is open to any U.S or Canadian company that manufactures, formulates or distributes agrotechnology products in the United States and/or Canada. CPDA-Canada members have access to the resources of an experienced organization dedicated to advocating for the Canadian agrotechnology industry before regulatory officials. For more information, contact us at 202-386-7407

CPDA Submits Comments on EPA’s Proposed Registration Review Decision for 22 Sulfonylurea Herbicides

On Monday, November 14, 2016, CPDA submitted comments to EPA in response to the Agency’s “Proposed Interim Registration Review Decision for 22 Sulfonylurea (SU) Herbicides.”  The availability of the proposed interim decision document was originally announced for public comment in the July 14, 2016 Federal Register and subsequently reopened for public comment in the September 28, 2016 Federal Register.

 

In its comments, CPDA objected to EPA’s proposed adoption of an “ultra-conservative” approach which would mandate the use of very coarse nozzles for all 22 SUs including those chemicals in the group with the smallest risk footprint.  CPDA called upon the Agency to instead determine for each SU whether a medium, coarse or very coarse droplet nozzle is appropriate, balancing the marginal benefit of the mitigation measure with the costs to farmers and the potential for inadvertent promotion of weed resistance.  CPDA emphasized that a blanket requirement calling for the use of coarse nozzles for all of the SU herbicides ignores the benefits that can be derived from employing Drift Reduction Technology (DRT) in the application of these chemicals, including the use of certain adjuvant-nozzle combinations that have been shown to reduce drift.  CPDA stated, “Each SU herbicide may have a different toxicity index and thus exhibit a unique set of characteristics when used with various adjuvant-nozzle combinations.  These are DRT practices that offer better herbicide performance, resistance management and drift reduction.”  CPDA pointed out that EPA’s “one size fits all” approach would actually result in an effect contrary to the Agency’s stated objective of minimizing herbicide resistance.  The less efficacious application method of using coarse nozzles, CPDA explained, would likely result in farmers resorting to increased application rates and increased numbers of applications in trying to achieve the same desired outcomes in weed control.  Such activity could actually promote, rather than reduce, herbicide resistance.  CPDA concluded its comments by offering to meet with EPA to provide more information on the effect of droplet size on the efficacy of SUs and pesticides.  To read CPDA’s comments, please click here.

OSHA Petition

HCS 2012

CPDA Calls Upon OSHA to Amend HCS 2012 Relabeling Requirements to Protect Warehouse Employees from Unnecessary Chemical Exposures and Ergonomic Risks

 

On May 24, 2016, the Council of Producers & Distributors of Agrotechnology, the Agricultural Retailers Association, the International Sanitary Supply Association, and the Society of Chemical Manufacturers and Affiliates submitted a petition to the U.S. Occupational Safety and Health Administration (OSHA) requesting that the Agency issue a Direct Final Rule to amend its 2012 Hazard Communication Standard (HCS 2012).  The revision sought by the petitioners would clarify that when firms handling products in sealed containers in warehouses become aware of significant new chemical hazard information they may comply with HCS 2012 by the electronic transmission of an updated label to downstream entities in a manner similar to how updated safety data sheets are transmitted.

CPDA is now working with Members of Congress in an effort to build support for the remedy to the HCS 2012 dilemma as set forth in the joint industry petition.

The cover letter accompanying the petition may be accessed by clicking here.  Following the submission of the petition, CPDA issued a news alert which may be accessed here.