Carbofuran Rule Is Nixed For Imports

EPA’s decision to ban residues of the pesticide carbofuran on imported foods was “arbitrary and capricious,” a federal appeals court ruled on July 23. The court ordered EPA to reestablish tolerances for carbofuran on imported foods such as rice, bananas, coffee, and sugarcane. EPA issued a final rule in May 2009, banning carbofuran residues on all food sold in the U.S., including imports. The rule went into effect on Jan 1. FMC, the sole manufacturer of carbofuran in the U.S., objected to the rule and asked EPA for an administrative hearing to prove the safety of the pesticide. When EPA denied FMC’s request for a hearing, FMC filed a petition in the U.S. Court of Appeals for the District of Columbia Circuit, claiming that EPA violated federal law by denying the hearing. The court did not overturn EPA’s decision to deny a hearing, but it did vacate the agency’s rule regarding carbofuran residues on imported foods. The ban still applies to domestic food, however. FMC was pleased with the ruling regarding imports but expressed concern that “the ruling gives EPA unchecked power to cancel pesticides and to disregard the benefits to agriculture.”