restrictions against applying before or during bloom when bees are most likely to be present. Other crops for which sulfoxaflor was registered are not bee-attractive or are harvested before they bloom which reduces the exposure to bees.
In addition, disposal or return of product already in users hands is burdensome, especially in a case where EPA does not believe there is a substantial or imminent risk to continued use. Disposal can be expensive with costs both for transportation and disposal itself. When containers of sulfoxaflor have already been opened, transporting them can create a greater risk of spillage. Opened containers also create additional burden when sent for disposal because proper disposal may require that the content be verified, adding additional expense. While some states provide programs for free disposal of pesticides, such programs only shift the expense to states rather than users.
Finally, as a general matter, EPA believes it a mistake to issue restrictions on existing stocks unless the holders of stocks are notified of the restrictions and are likely to comply with them. While EPA believes it li kely that most distributors of sulfoxaflor will learn of the restrictions on sale being imposed, it is less likely that users who already hold sulfoxaflor stocks will be aware. As mentioned above in connection with the possibility of personally serving SSUROs, it would be highly impractical to ensure that all sulfoxaflor users are notified and such notification would entail the devotion of significant governmental resources. EPA expects that users that are unaware of thi s cancellation order will continue to use the products consistent with their labeling because that is their regular practice when using pesticides. Therefore, EPA has concluded that such expenditures are unwarranted under the facts presented by sulfoxaflor.
For these reasons, EPA considers it appropriate to allow existing stocks of sulfoxaflor in the hands of users to be used until exhausted.
Final Cancellation Order, Including Provisions for Existing Stocks
1. Pursuant to section 6 of FIFRA, EPA hereby issues a final cancellation order for the registrations of all sulfoxafl or registrations listed below. Any distribution, sale, or use of these products in a manner inconsistent with this order, including the provisions below regarding the disposition of existing stocks, will be considered a violation of section 12(a)(2)(K) and/or 12(a)(1)(A) of FIFRA. This order will remain in effect unless and until it is amended.
2. Existing Stocks. For purposes of this order, the term "existing stocks" is defined, pursuant to EPA's existing stocks policy (56 FR 293 62, June 26, 1991) as those stocks of registered pesticide products which are currently in the United States and which were packaged, labeled, and released for shipment prior to the effective date of the vacatur (termination) of the affected registrations. Pursuant to section 6(a)(1) of FIFRA, this cancellation order includes the following existing stocks provisions.
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