Pesticide Ingredient: Fluopyram: Requirement for 'Plan of Use'

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A decision made 1 February 2019:

Decision Reference: MD-PE- 2019-0008
Decision Summary Title :	Amendment to the approval for pesticides containing the active ingredient fluopyram		Date of Decision Summary:	23 January 2019
Decision Summary Author:	Head of Environmental Protection		Decision Summary: Public or Exempt?(State clauses from Code of Practice booklet	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:
Written Report Title :	Amendment to the approval for pesticides containing the active ingredient fluopyram		Date of Written Report:	23 January 2019
Written Report Author:	Head of Environmental Protection		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)	Public
Subject: Amendment to the approval for pesticides containing the active ingredient fluopyram.
Decision(s): The Minister approved the request to amend the approval for pesticides containing the active ingredient fluopyram, requiring users to submit a ‘plan of use’ illustrating mitigation and monitoring measures.
Reason(s) for Decision: The chemical characteristics of fluopyram give it the potential to leach into surface and ground water. In addition, Jersey Water are currently unable to precisely detect the level of the chemical in water samples. Due to these factors, a precautionary approach will be taken and use of the product will be restricted and monitored until the potential impacts of the product in the local setting are established. Article 4 (Approvals) of the Pesticides (General Provisions) (Jersey) Order 1991, allows the Minister to add or amend the conditions attached to a pesticide approval when or after it has been given.
Action required: The Head of Environmental Protection to place an appropriate notice in the Gazette section of the Jersey Evening Post to inform the public.
Signature: Deputy John Young		Position: Minister for the Environment
Date Signed:		Date of Decision (If different from Date Signed):

Pesticide Ingredient: Fluopyram: Requirement for 'Plan of Use'

Growth, Housing and Environment

Regulation

Ministerial Decision Report

Amendment to the approval for pesticides containing the active ingredient fluopyram

(Public)

Purpose of the report

The Minister for the Environment (The Minister) is requested to attach additional conditions to the current approval (for the sale, distribution, storage and use) of all plant protection products containing the active ingredient fluopyram. The purpose of these conditions is to monitor the potential effect of the application of fluopyram on the local environment under local use and conditions.

Background

Article 4 (Approvals) of the Pesticides (General Provisions) (Jersey) Order 1991, allows the Minister to add or amend the conditions attached to a pesticide approval when or after it has been given.

The active ingredient fluopyram has a high leachability potential (Groundwater Ubiquity Score (GUS) of 3.87) and has a high half-life in the soil (typical soil degradation of half of the active ingredient (DT50) occurs every 309 days).

Fluopyram has recently been authorised for use by the UK Chemical Regulations Directorate (CRD) as a nematicide on potato crops. The large proportion of arable land devoted to the production of potato crops on the island and the specific characteristics of the active ingredient cited above necessitates a precautionary approach being taken, particularly with regard to the safeguarding of the Island’s water resources.

Discussion

There are currently 12 products on the market that contain the active ingredient fluopyram. The majority of these are approved for crops that are not grown in significant volumes locally. These include cereals and oilseed rape. Records of imports of pesticides into the island show that products containing fluopyram have not been imported into the island during the last five years. It has also never been detected in the annual testing of pesticide residues on locally grown food crops.

The reason that additional conditions are necessary for this approval is due to the fact that fluopyram has recently been approved as a nematicide for use on potatoes. In 2017, the total area of potatoes grown on the island was 15,554 vergees (approximately half of the agricultural land area). The large scale of production, coupled with a limited choice of nematicides, could result in large volumes of the active ingredient being used by the industry, if they were to widely adopt its use.

In this case the associated risks could potentially be high, as the active ingredient fluopyram exhibits characteristics that suggest its likelihood to leach into local water resources is high. It is considered to have a high leachability potential (GUS) and is considered persistent (typical DT50) by the University of Hertfordshire, who also state that the EU dossier lab studies have shown a range of values for the DT50 from 117 to 717 days.

This range in the half-life suggests that local environmental factors may play a significant role in the risk to water. These include soil type, the early nature (and thus expected rainfall and soil moisture levels) of the potato export crop, levels of organic matter in the soil and soil microbial activity.

It is important to note that there are also potential benefits to the use of fluopyram. The current prescribed dose rates for fluopyram as a nematicide are significantly lower than the alternative products used currently. If effective, it has the potential to offset the use of a much larger volume of alternative products.

Given these potential benefits the product approval should not be revoked, but the approval amended to ensure sufficient data is gathered to better determine the risk to water resources in the local setting as well as to better understand successful possible mitigation strategies (i.e. land selection, timing etc.). It is therefore prudent to monitor the use and mitigate the risk to water by ensuring factors such as site selection are carefully considered.

This product was discussed at the most recent Action for Cleaner Water (AfCW) Meeting, where the general feedback from industry was that the active ingredient showed potential as a plant protection product, but agreed its chemical characteristics necessitated a precautionary approach.

In order to achieve this, it is recommended that the Minister amends the current approval to require all users of products on the island containing the active ingredient fluopyram to submit a ‘Plan of Use’ document which is approved by Growth Housing and Environment (GHE) prior to use. A guidance document on which factors need to be considered by applicants is attached to this summary, and assistance with compiling the plan may be sought from the advisors in GHE.

Recommendation

The Minister amends the approval for sale, distribution, storage and use of plant protection products containing the active ingredient fluopyram with immediate effect. Adding the following conditions to the approval:

1.1. Any person wishing to supply or sell a pesticide containing fluopyram (Merchants) must notify GHE in advance of any imports and sales as well as ensuring the purchaser has received the official approval document from GHE which will state the volume permitted to be sold.

1.2. Any product containing fluopyram is prohibited from use in the following water catchments (the Action for Cleaner Water ‘red catchments’).

1.2.1. Handois East

1.2.2. Handois West

1.2.3. Val de la Mare East

1.2.4. Val de la Mare West

1.2.5. Queens Valley.

1.3. Any person who wishes to purchase, store (on-farm) or use any product containing fluopyram must submit a ‘Plan of Use’ document to be approved by Growth Housing and Environment (GHE) prior to any application of product.

1.4. The ‘Plan of Use’ must include as a minimum, details on areas planned for treatment, field risk assessments, application rates and equipment as well as details of the locations, frequency and testing used for the monitoring of the active ingredient in soil, surface water and groundwater.

1.5. All assessments and results of the monitoring undertaken by users must be shared with the department (confidentially if required).

1.6. All other statutory conditions relating to the advertisement, sale, supply, storage, use or disposal of these products must be adhered to.

Written by: Dr. Tim Du Feu, Head of Environmental Protection, Regulation, GHE

Approved by: Andrew Scate, Group Director, Regulation

Ministerial Decision ref: MD-PE-2019-0008

23 January 2019

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Agricultural & Plant Health Inspectorate

Environmental Protection

Guidance on Producing a Plan of Use for Fluopyram

Fluopyram has recently been given an approval for use as a nematicide for potato crops. Considering the chemical properties of fluopyram and the resulting risk that the active ingredient may leach into water courses, growers wishing to use the product must first submit for approval a ‘Plan of Use’ document to Growth, Housing and Environment.

Assistance can be sought from GHE advisors or independent sources (such as BASIS qualified advisors) when compiling the Plan of Use document. This guidance is intended to provide basic requirements on the minimum requirements of the document.

Proposed Site Location:

Field number, total area, soil type, crop type.

Field Risk Assessment:

An assessment of factors such as soil type and topography with respect to leaching and runoff potential
A map showing the fields location and proximity of all waterbodies (inc. streams, drains, wells and boreholes).

Proposed Use

When the product will be used
What rate the product will be applied at
Who will apply the product
What machinery will be used to apply the product (and any relevant testing certificate).

Monitoring Programme

Prescribed monitoring of local water courses (inc. streams, drains, wells and boreholes)
Prescribed monitoring of field runoff (monitoring of rainfall events)
Prescribed monitoring of soil samples (depths and frequency)
Prescribed monitoring of MRL levels.

Once the submitted plan is approved, the user will receive confirmation from GHE along with an approval letter stating the volume of product that can be purchased, stored and used in in accordance with the plan.