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September 2018

CPDA Seeks Delay of WSDA’s Proposal for Functioning Agents in Adjuvant Formulations

On September 21, 2018 CPDA in collaboration with the Far West Agribusiness Association (FWAA) sent a letter to WSDA requesting that the agency temporarily delay the implementation of its proposed plan to establish synonym names for principal functioning agents used in spray adjuvant formulations. WSDA had recently shared with CPDA their intent to develop Principal Functioning Agent text for spray adjuvant ingredients that would be acceptable to both the agency and registrants, with the goal of updating information for all existing ingredients in their database by the end of 2018.

CPDA and FWAA signaled that implementation of this initiative before industry has had an opportunity to thoroughly vet the plan and provide input to the Department would be premature. Both groups cited concerns related to Confidential Business Information (CBI) protections that could possibly be eroded under the Department’s proposed use of synonym names.

In the joint industry letter sent to Kelle Davis of the WSDA Pesticide Management Division, CPDA and FWAA emphasized that the process would force the disclosure of CBI for products registered by WSDA. Both associations urged WSDA to continue the registration of new adjuvants in accordance with current practice, pending industry’s review of the naming proposal so as to avoid a potential backlog of products awaiting Department approval.

CPDA has established a work group to review the WSDA list in order to develop recommendations that would ensure the continued protection of CBI. All CPDA members are invited to participate on this work group. For more information, please contact CPDA Director of Regulatory Affairs Sylvia Palmer (spalmer@cpda.com) or call (202) 386-7407.

The Value of CPDA Membership

CPDA is the preeminent U.S.-based industry trade association supporting the interests of the agricultural adjuvants and inert ingredients industry, and manufacturers, formulators and distributors of post patent pesticides and other agrotechnology products through its robust legislative and regulatory affairs programs.  The core of CPDA’s mission is built on the realization that issue priorities can differ significantly depending on whether your company is a producer, formulator/distributor, or an adjuvant/inert ingredient supplier.  Each of these segments within the agrotechnology industry faces a unique set of challenges in retaining a competitive edge in the marketplace.

To better position ourselves for the future, CPDA has charted a new strategic path with the goal of ensuring that the legislative and regulatory issues faced by each of these industry segments – producers, formulators/distributors, and adjuvant/inert ingredient suppliers – continue to be made a priority and receive the attention necessary for these companies to thrive in an ever-changing and competitive market. As a member of CPDA, companies have the opportunity to participate on one or more of three groups being established that will focus on the legislative and regulatory issues and needs germane to each of these individual market segments. This approach will empower member companies by giving them ownership over the issues applicable to the industry segment in which they do business and provide them the means to become “part of the solution.”

This new structure will assist CPDA in more effectively serving as the industry voice and advocate for uniquely challenging issues specific to the agrotechnology industry – issues that other agricultural chemical trade associations simply do not address. Membership in the Council provides companies a “seat at the table” in advocating for policy changes that impact their operations and protect their interests.  When an issue suddenly arises that affects a segment of our membership, CPDA responds by directing staff and member expertise to resolve the problem.  For an individual company to attempt problem resolution, the costs could be prohibitive and the effort ultimately unsuccessful.  As a trade organization, CPDA is well positioned to represent a large group of impacted companies and to speak as one voice for the agrotechnology industry on critical policy matters.  Past experience has proven that the voice of the association has been heard and addressed by the EPA, OSHA and state agencies.

CPDA’s activities in defending the interests of its members focuses on engaging state and federal legislators to shape new or existing legislation to the desired outcome; collaborating with agency personnel to inform the regulatory decision-making process; drafting and submitting comments on proposed rules and legislation; and advocating for favorable public policy. The following are just a few examples of the issue priorities that CPDA has devoted its time and resources to in representing the interests of its members in the federal and state policy arenas:

  • CPDA has engaged extensively with OSHA on advocating for changes to the Hazard Communication Standard (HCS 2012) that would stipulate that sealed containers in warehouses would not have to be relabeled based on new hazard information if an updated label is transmitted electronically to downstream entities as is allowed for updated safety data sheets.  CPDA has voiced its concerns to OSHA that distributor warehouses are not equipped to safely relabel sealed product containers and that this requirement would subject warehouse workers to unnecessary health and safety risks.

 

  • CPDA continues to work in strong support of enactment of legislation that would provide a long-term reauthorization of PRIA. The PRIA category fees and review timelines important to our member are established under PRIA ensure that decisions on pesticide product and inert ingredient submissions are made by EPA on a timely basis.  This provides companies the certainty they need in planning for the demands of the growing season. CPDA’s efforts played an important role in the inclusion of PRIA as part of the House and Senate Farm Bills. With current Farm Bill programs set to expire on September 30, 2018, the House and Senate majority leadership are hoping to complete work on a conferenced bill very shortly. CPDA is collaborating with its allied trade association partners on the PRIA Coalition to ensure the PRIA language remains in the final Farm Bill.

 

  • CPDA has devoted considerable resources in seeking the elimination of the duplicative Clean Water Act permitting requirement for FIFRA registered pesticides applied in, over or near waters of the United States. The Council was successful in securing the inclusion of language, known as the National Pollutant Discharge Elimination System (NPDES) provision, in both the current versions of the House and Senate passed Farm Bills that would obviate the need for this redundant permit for the lawful application of pesticides.

 

  • CPDA continues to meet with EPA staff on a variety of pesticide drift issues, and recently developed a set of recommendations on possible changes to the Agency’s Drift Reduction Technology (DRT) verification test protocol, a key component of the star rating aspect of the DRT Program. CPDA remains committed to working with EPA on pesticide drift and educating Agency staff on tank-mix adjuvants and the nature of pesticide formulations.

 

  • CPDA is actively engaged on key state issues including the pending changes to product label warning requirements slated to go into effect at the end of August 2018 under California Proposition 65. CPDA recently joined with several other industry trade associations in submitting comments to California’s Office of Environmental Health Hazard Assessment (OEHHA) voicing concerns that the proposed Proposition 65 safe harbor warning requirements conflict with EPA requirements for pesticide labeling under FIFRA. CPDA and the other groups objected that the Proposition 65 warning requirement on a FIFRA-registered product would contradict EPA approved precautionary language and use directions. Moreover, this requirement could serve as a precedent for other states to follow thereby leading to confusion not only within industry, but for consumers and state regulators as well. CPDA continues to work with its allied trade association partners to resolve the dilemma that would be created under the pending Proposition 65 product label warning requirements.

 

  • CPDA continues to collaborate with Washington State Department of Agriculture (WSDA) regulators in expressing the serious concerns of its member companies with the department’s notice to adjuvant registrants regarding inert ingredient disclosure. CPDA has objected that the increased specificity would compromise the identity of many products that adjuvant producers sell.

 

  • In June 2018, CPDA met with representatives of EPA’s Office of Pesticide Programs (OPP) to discuss reports received from member companies suggesting that the Agency is routinely failing to meet its PRIA timelines for the review of inert ingredient submissions despite EPA’s assertion to the contrary. CPDA remains fully engaged on this issue and continues to solicit member feedback on their experience with the registration process. The goal is presenting a set of final recommendations to the Agency aimed at facilitating the timely review of inert ingredient applications and reducing the number of renegotiations that are taking place with apparently increased frequency.

 

These are just a few examples of what CPDA is doing on behalf of its members whose businesses are aligned with one or more of the three industry segments described here.  Our goal is to focus on issues and policy germane to our members while collaborating with aligned associations to have a powerful, consistent message to the agencies.

As we strive to effectively advance our industry’s mission and ensure critical regulatory and legislative policies are science based and equitable, we seek to recruit and retain a critical mass of companies looking to succeed in the U.S. agricultural chemical marketplace.  To ensure your voice is heard during the development of new public policy and when current public policy threatens the economic success and viability of your company and the industry, we need your continuing support and the support of others as the resource base for the Council’s work.  Participation and involvement of our members is the bedrock upon which we build our advocacy efforts – whether in the halls of Congress, with key federal and state agencies, or through collaborations with allied partners in the agrotechnology industry.