Stay up to date with the latest from the Board of Pesticides Control. This update covers everything you need to know about upcoming meetings, new rules, and important reminders to keep you and your community safe. We’re here to keep you informed, and we’d like to hear your thoughts—drop us an email anytime at pesticides@maine.gov.
The next Board Meeting is March 14, 2025 it will be hybrid at the Deering Building in Rm 101 in Augusta, ME 04330, and on Microsoft Teams. The meeting starts at 9:00 AM. For more information, visit the Board Meetings Page.
Upcoming Credit Meetings
The following program has been approved for pesticide recertification credits. More recertification opportunities may be found on the BPC Credit Calendar.
February 11, 2025 – Integrated Pest Management for Greenhouse Pests
In 2020, BPC received funding from the Environmental Protection Agency to contract with a videography company to create pesticide education videos for Mainers. These videos have been completed and uploaded to the BPC website and the DACF YouTube page. They include topics covering introductions to BPC, Integrated Pest Management, Pesticide Registration, Licensing, and Pesticide Rules and Regulations.
The Board has been reviewing cases from the 2024 inspection season and identifying any noteworthy violation trends. Many of the violations noted were violations of the pesticide label itself. One distinct type of label violation which was noted across multiple inspections this season was the prohibited application and/or drift of pesticide product(s) onto blooming crops or weeds where bees are visiting or foraging. While it is a best practice to avoid spraying these plants (including clover and dandelions) while in bloom altogether, bees are most likely to forage during daytime hours, so application times in the early morning or late evening may be an option to utilize in order to protect bees during foraging
Products which are highly toxic to bees typically carry a warning directly on the label, like the one highlighted in the example below. These products may also display the EPA’s Bee Advisory Box as a visual aid to remind applicators of a pesticide’s toxicity to bees. Applicators must take note of these warnings and adjust any applications as needed to protect flower seeking bees and other pollinators in order to be compliant with the label and the law.
Please think before you spray!
EPA Updates: EPA Announces Proposed Registration of New Pesticide Florylpicoxamid
Released on January 16, 2025
Today, the U.S. Environmental Protection Agency (EPA) released its proposed registration decision for three products containing the new active ingredient florylpicoxamid, a broad-spectrum fungicide that can be used on food crops and golf courses. Florylpicoxamid targets several fungi that cause damage and financial loss, including: Cercospora leaf spot of sugar beet, anthracnose diseases, Septoria leaf blight of barley and wheat and dollar spot on turf.
Florylpicoxamid is expected to be a useful addition to Integrated Pest Management (IPM) programs, as it can be used in rotation with other fungicides to reduce potential resistance in crops and turf. IPM provides an effective and environmentally sensitive approach to pest control by focusing on prevention and using pesticides only as needed.
EPA is not aware of any information that indicates florylpicoxamid may impact the efficacy of a human or animal antibacterial or antifungal drug. EPA is currently consulting with the U.S. Food and Drug Administration and the Centers for Disease Control and Prevention to determine whether additional investigation is warranted as part of its new framework for these products.
EPA’s Risk Assessments
In addition to its proposed registration decision, EPA has also released its human health risk assessment, ecological risk assessments and draft biological evaluation, with the latter including EPA’s Likely to Adversely Affect (LAA) determination for florylpicoxamid under the Endangered Species Act (ESA). An LAA determination means that EPA reasonably expects at least one listed plant or animal species may be exposed to the pesticide at a sufficient level to have an adverse effect.
No human health risks of concern were identified when florylpicoxamid is used according to the proposed label. EPA has not identified any potential risks of concern for mammals, birds, terrestrial-phase amphibians, reptiles, aquatic plants or honeybees on an acute or chronic exposure basis when florylpicoxamid is used according to the proposed label. However, EPA identified potential risks for fish, aquatic-phase amphibians, aquatic invertebrates, other terrestrial invertebrates and terrestrial and semi-aquatic plants.
Proposed Mitigations
EPA is proposing the implementation of the following mitigation measures to address on- and off-field effects to non-target species, including listed species:
Instructing users to access and follow any applicable endangered species bulletin from “Bulletins Live! Two” web-based system for all additional directions and restrictions.
Approved for use in the contiguous United States and Hawaii only.
For golf courses, use only on tees, greens and fairways. Do not use florylpicoxamid containing products on roughs.
With these proposed mitigation measures in place, EPA’s draft biological evaluation predicts that the use of florylpicoxamid will not result in a likelihood of future jeopardy for the survival of any listed species, or a likelihood of adverse modification for any designated critical habitat.
Next Steps
After considering public comments on the proposed registration and the draft effects determinations, EPA will decide whether the registration action meets the standard for registration under the Federal Insecticide, Fungicide, and Rodenticide Act. If EPA determines that the registration action can be granted, EPA will finalize the biological evaluation. If a final biological evaluation finds that florylpicoxamid may affect any listed species or critical habitats, then EPA will initiate ESA consultation and share its findings with the U.S. Fish and Wildlife Service or the National Marine Fisheries Service (collectively referred to as the Services), as appropriate.
During formal consultation, the Services use the information in EPA’s final biological evaluation to inform their biological opinions. While EPA has made predictions about the likelihood of jeopardy and adverse modification as part of its biological evaluation, the Services are responsible for making the final jeopardy/adverse modification findings and have the sole authority to do so. If the Services determine in their final biological opinions that additional mitigations are necessary to address any jeopardy or adverse modification determination or to address any incidental take, then EPA will work with the registrant to ensure that any necessary registration or labeling changes are made.
To read more about the proposed registration of florylpicoxamid and to comment, see docket ID EPA-HQ-OPP-2020-0449 at www.regulations.gov. The public comment period will be open for 30 days, closing on February 16, 2025.
EPA Updates: EPA Shares Fish and Wildlife Service’s Final Endangered Species Act Biological Opinion for Methomyl
Released on January 16, 2025
The U.S. Environmental Protection Agency (EPA) is sharing the U.S. Fish and Wildlife Service’s (FWS’s) final biological opinion (BiOp) for the pesticide methomyl. The final biological opinion released today only covers species under FWS’s purview.
Under the Endangered Species Act (ESA), EPA must ensure that its actions, including many pesticide registration actions, do not jeopardize listed species or adversely modify their designated critical habitats. If EPA determines in a biological evaluation that use of a pesticide product may affect these listed species or critical habitats, EPA must initiate consultation with FWS and the National Marine Fisheries Service (NMFS), or both (the Services). In response, the Service(s) may develop a biological opinion that determines whether the pesticide will result in jeopardy or adverse modification.
Background on Methomyl
Methomyl is an insecticide used on a variety of crops, including field vegetables and orchard crops. In March 2021, EPA completed its final biological evaluation for methomyl, which made “likely to adversely affect” determinations for 1,098 listed species and 281 critical habitats. An LAA determination means that EPA reasonably expects that at least one individual animal or plant of any listed species may be exposed to these pesticides at a sufficient level to have an adverse effect. EPA initiated formal consultation with the Services upon completing this biological evaluation. NMFS completed its final BiOp for methomyl in February 2024 for species under its purview.
FWS Biological Opinion
EPA initiated formal consultation with the Services upon completing the biological evaluation and, in response, FWS developed a draft biological opinion for methomyl, which was posted for a 60-day public comment period in July 2024. The draft BiOp included FWS’s determinations that, under the ESA, methomyl is likely to jeopardize 82 listed species and adversely modify 34 critical habitats when used as currently registered. The draft BiOp also suggested general categories of potential reasonable and prudent alternatives (RPAs), which are mitigation measures to prevent jeopardy to the species or adverse modification of the critical habitat.
Since the draft BiOp was published, FWS worked with EPA, the methomyl registrants, and the U.S. Department of Agriculture (USDA) to develop and agree upon species-specific measures to protect the federally threatened and endangered (listed) species for which FWS made jeopardy or adverse modification determinations in the July 2024 draft BiOp. These measures found in the final BiOp include spray drift and runoff reduction measures and on-field mitigation measures for a subset of species. These geographically specific measures will be implemented through pesticide product labeling, directing users to access the EPA’s Bulletins Live! Two platform to determine whether there are mitigations needed where the product is to be applied. EPA will publish Bulletins on this platform to inform users of these geographically specific measures. FWS has determined that, with the inclusion of these mitigation measures, the registered uses of methomyl will not result in jeopardy determinations. This means that FWS does not anticipate that this pesticide will jeopardize listed species or adversely modify critical habitats when used in accordance with updated label language that is reflected in the biological opinion.
In addition to measures that FWS, EPA, USDA and the registrants identified and agreed upon that allowed FWS to issue a no jeopardy biological opinion, the opinion also includes measures to minimize take of listed species and impacts to critical habitat including development of training and educational materials for methomyl applicators and reporting of ecological incidents, water quality monitoring data, and use and usage information. EPA will work with registrants of methomyl products to implement these mitigation measures and all components of the FWS biological opinion.
