The Environmental Appeals Board (EAB) of the U.S. Environmental Protection Agency (EPA) released their final decision and order last week regarding EPA’s request for Bayer to cancel of all uses of flubendiamide, or Belt, in the United States. The EAB essentially upheld the decision of the EPA Administrative Law Judge supporting the cancellation of Belt without a hearing to challenge EPA’s decision.

However, the EAB made a change in EPA’s cancellation order regarding the distribution of existing stocks of the canceled flubendiamide products. Though the EAB upheld EPA’s decision prohibiting further distribution of Belt by Bayer CropScience, LP and Nichino America, Inc., it did not support EPA’s restriction as it applies to products in the hands of dealers and distributors. The EAB decided that products held by dealers and distributors can be further sold and distributed. Growers can continue using existing product.

To learn more about the case, read Bayer Fights EPA over Use of Pesticide and EPA Moves to Cancel Belt Insecticide Use. Registrants are evaluating what next steps may be appropriate to keep this important product on the market. For more information, please contact Ben Sacher at (202) 296-0191.