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Will EPA Modify FIFRA's Treated Article Exemption or Otherwise Regulate Treated Seeds and Paint Products?

Wed, Nov 8, 2023
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Overview of Proposed Changes to EPA's Regulation of Treated Seeds and Paint:
EPA is seeking public comment, by December 11, 2023, on whether it should propose rulemaking to regulate certain uses of seeds and paint products treated with pesticides under the federal pesticide law, FIFRA. See Fed Reg Comment Request | Treated Seed and Treated Paint Products.

Currently, treated seeds and paints are exempt from FIFRA under EPA’s treated article exemption. But that may change. In response, in part, to a petition filed by the Center for Food Safety, EPA is seeking comment on whether to propose a variety of new regulatory requirements, including whether to revise existing labeling for treated seeds or require new labeling for treated paints (e.g., precautionary statements and PPE requirements for paint such as respirators for professional painters). An additional proposal includes whether to require registration under FIFRA section 7 of establishments that treat paints. 

Of particular importance, unless an exclusion is included, this proposal would require facilities that treat paints to comply with extensive recordkeeping and reporting obligations under EPA’s FIFRA regulations. In summary, if implemented, these proposals could impose significant regulatory burdens on (1) registrants of EPA-registered preservatives used on seeds and paints; (2) the makers of treated seed and paint products; and (3) the user community (e.g., professional painters).

This webinar reviews and discusses the following:

  • Brief overview of EPA’s request for comment and information on treated seed and treated paint products
  • What regulations are being contemplated by EPA?
  • What information is EPA seeking?
  • How should industry respond to EPA's request - formation of a consortium?

This webinar is limited to producers, manufacturers, and distributors of paints, treated seeds, and preservatives. If you are not in that industry sector, but have peers in that sector, please forward this invitation to them.

This webinar will offer the option for live captioning, provided by Zoom.

To view and download the presentation slides, please click here. To access and view the webinar recording, please click below.