Plant-Pesticides Subject to the Federal Insecticide, Fungicide, and Rodenticide Act; Proposed Rule

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The substances plants produce to protect themselves against pests and disease are considered to be pesticides under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) definition of ``pesticide'' (i.e., if they are ``. . . intended for preventing, destroying, repelling or mitigating any pest. . .''). These substances, along with the genetic material necessary to produce them, are designated ``plant-pesticides'' by EPA. EPA proposes to amend an existing regulation and to create a new regulation to clarify the relationship between plants and plant-pesticides and their regulatory status under FIFRA. EPA also proposes to exempt from FIFRA requirements classes of plant-pesticides that the Agency has determined pose low probability of risk and are not likely to cause unreasonable adverse affects on the environment. Recognizing the unique characteristics of plant-pesticides, the Agency proposes to create a new part in the CFR for regulations unique to plant-pesticides.