EPA signed a notice June 8, 2011, announcing a proposed policy for obtaining
information on nanomaterials in pesticides. In the notice, EPA proposes to
obtain such information either under section 6(a)(2) of FIFRA, which requires
pesticide registrants to inform EPA of “additional factual information regarding
unreasonable adverse effects on the environment of the pesticide,” or by using
data call-in notices under section 3(c)(2)(B) of FIFRA.
Under section 3(c)(2)(B), information on nanoscale materials would be obtained
by sending to the registrant a data call-in (DCI) notice, which the agency can use if
it determines that additional data are needed to maintain a pesticide registration.
Failure to respond to a DCI notice can serve as a basis for suspending a product
registration. Under either FIFRA section, the registrant would be required to
include information on nanoscale materials contained in pesticide products
along with product registration applications. The proposed policy will be open
for public comment for 30 days after it is published in the Federal Register.