[Federal Register Volume 63, Number 213 (Wednesday, November 4, 1998)]
[Notices]
[Pages 59557-59558]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-29540]


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ENVIRONMENTAL PROTECTION AGENCY

[OPP-66257A; FRL-6041-7]


Vinclozolin; Approval of Existing Stocks Provision for Terminated 
Uses

AGENCY: Environmental Protection Agency (EPA)

ACTION: Final approval of existing stocks provision of terminated uses.

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[[Page 59558]]

Summary: EPA is announcing approval, with one minor change, of a 
proposed existing stocks provision for products containing 3-(3,5-
dichlorophenyl)-5-ethenyl-5-methyl-2,4-oxazolidinedione), or 
vinclozolin. This notice is a follow-up to an earlier notice announcing 
a request by the registrant of vinclozolin, BASF Corporation, to 
terminate certain uses, and to propose provisions for existing stocks 
of products already in the channels of trade.

Dates: The proposed existing stocks provisions became effective upon 
approval of the EPA changes to vinclozolin registrations, September 4, 
1998.

FOR FURTHER INFORMATION CONTACT: By mail: Mark Wilhite, Reregistration 
Branch I, (7508W), Special Review and Reregistration Division, Office 
of Pesticide Programs, Environmental Protection Agency, 401 M St., SW., 
Washington, DC 20046. Office location, telephone number, and e-mail 
address: Reregistration Branch I, 6th Floor, 1925 Jefferson Davis 
Highway, Arlington, VA; (703) 308-8586; [email protected].

SUPPLEMENTARY INFORMATION:

I. Background Information

    Vinclozolin (trade names Ronilan, Curalan, and Ornilan) is a 
fungicide first registered in 1981 to control various types of rot 
caused by Botrytis spp., Sclerotinia spp, and other types of mold and 
blight causing organisms, on lettuce (all types), raspberries, onions, 
succulent beans, and turf on golf courses, commercial and industrial 
sites. Vinclozolin is also registered for use on ornamental plants in 
greenhouses, and nurseries. BASF, the sole registrant of vinclozolin 
used on food commodities, recently requested amendment of its 
vinclozolin registrations to terminate two uses of vinclozolin in order 
to mitigate acute dietary risk. With its request for use deletions, 
BASF also proposed provisions for existing stocks already in the 
channels of trade which contained the old labeling. EPA published the 
use deletions and existing stocks proposal in the Federal Register (63 
FR 40710, July 30, 1998) (FRL-6020-9) and asked for public comment.

II. Comments and Response

    EPA received one comment in response to the proposal, submitted on 
behalf of the California Strawberry Commission. The comment concerned 
the elimination of vinclozolin as a tool for growers to combat 
strawberry yield loss due to mold and rot, and the lack of involvement 
in the decision. The comment also pointed out an inconsistency in 
BASF's existing stocks proposal, which would have stopped use of 
product stickered after August 30, 1998 by June 30, 1999, while 
allowing product in the channels of trade before August 30, 1998, to be 
used until January 2000. The proposal was therefore inconsistent and 
likely to cause confusion among users.
    In response to the first point, EPA is sympathetic to the needs of 
growers and seeks to involve them in such negotiations and decisions as 
much as possible. However, EPA would note that this matter involves a 
termination of uses initiated by the registrant, BASF. EPA published 
notice of BASF's request so that all affected parties could participate 
in the process. As to BASF's decision to terminate the strawberry use 
to reduce dietary exposure, EPA would point out that options available 
to BASF were limited, since vinclozolin is registered on only six crops 
in the United States. Strawberries and stone fruits accounted for 
approximately half of the tonnage of vinclozolin treated food 
commodities, and are more commonly consumed by infants and children 
than the other commodities for which vinclozolin is registered 
(lettuce, onions, raspberries, and snap beans). EPA is mandated by FQPA 
to place special emphasis on protecting infants and children. In 
addition, there are other fungicides registered as alternatives to 
vinclozolin for control of mold and rot in strawberries, as well as 
stone fruits.
    In response to the second comment, EPA agrees that having two dates 
for use termination is confusing, and would be difficult to enforce. 
Accordingly, the final use date for use of vinclozolin products with 
the old labeling, which includes strawberries and stone fruits, is 
changed to no later January 30, 2000. The tolerance is expected to be 
revoked by that date. The change is reflected in the final existing 
stocks provision as outlined below in Unit III. of this notice.

III. Acceptance of Use Termination and Final Existing Stocks 
Provision

    EPA approved BASF's label amendments (for EPA registration numbers 
7969-62 and 7969-85) deleting strawberries and stone fruits on 
September 4, 1998. According to the terms of the label amendments, all 
product not labeled as of September 4, 1998, will contain the new 
labels reflecting the termination of uses on strawberries and stone 
fruits and any labeled product not released for shipment would be 
restickered to reflect the label amendments. The provisions for 
existing stocks of vinclozolin products with the old label, produced 
before the label changes were approved are outlined below.
    1. Retailers, distributors, and end-users may sell, distribute, or 
use products with the previously approved labeling which have already 
been released for shipment as of September 4, 1998, until such supplies 
are exhausted or January 30, 2000, whichever comes first.
    2. Any vinclozolin product that on September 4, 1998, had not been 
released for shipment, is present in a BASF manufacturing or packaging 
facility, and contains labeling not reflecting the use terminations 
will be stickered by BASF to reflect the use terminations and to bar 
sale and use by January 30, 2000.
    3. Within 30 days of approval of the existing stocks proposal, BASF 
shall provide to all Ronilan points of purchase, 50 copies of a 
bulletin with the pertinent details of the label amendments and 
existing stocks provisions.

List of Subjects

    Environmental protection, Administrative practice and procedure, 
Agricultural commodities, Pesticides and pests, Use Terminations.

    Dated: October 28, 1998.
Jack E. Housenger,
Director, Special Review and Reregistration Division, Office of 
Pesticide Programs.

[FR Doc. 98-29540 Filed 11-3-98; 8:45 am]
BILLING CODE 6560-50-F