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Dec 12, 2018

California Amends Safe Harbor Proposition 65 Warning Requirements for Pesticide Exposure Warnings

Proposition 65: Pesticide Warning

On November 27, 2018, the California Office of Administrative Law approved an amendment to Section 25603 of Title 27, California Code of Regulations, Article 6 to allow alternative signal words for on-product Proposition 65 warnings for pesticides that are also regulated under the Federal Insecticide, Fungicide and Rodenticide Act. The new regulatory texts adds subsection (d), which allows for the word “ATTENTION” or “NOTICE” to be used in place of the word “WARNING”: (d) Notwithstanding subsection (a)(2) or (b)(2), where a warning for a consumer product exposure or occupational exposure from use of a pesticide is provided on a product… Read more


Jun 27, 2017

Ninth Circuit Invalidates Conditional Nanomaterial Pesticide Registration

Crop Duster Plane

In a ruling that could slow EPA’s approval of nanomaterial-based pesticides, the Ninth Circuit on May 30 invalidated EPA’s conditional approval of NSPW-L30SS, formerly known as Nanosilva. Natural Resources Defense Council (NRDC) v. EPA (9th Cir., May 30, 2017). The Court found that EPA’s determination that use of nanosilver-based pesticides would result in lower overall silver emissions into the environment, and therefore was in the public interest, was faulty because it was based on two assumptions that lacked support—that current users of pesticides containing conventional silver would switch to the new pesticide, and that the new pesticide would not be used in… Read more