This week, the company formally requested a hearing before EPA’s Administrative Law Judge to argue their case. Bayer has already rejected a request by EPA to voluntarily withdraw registration for flubendiamide-containing products, which would make them unavailable to growers in the U.S. EPA subsequently filed a formal Notice of Intent to Cancel these registrations.
“We have a fundamental disagreement with EPA over science and process surrounding the registration of flubendiamide and Belt,” says Bayer Vice President for Regulatory Affairs Dana Sargent. “The science is on our side.”
Bayer is asking that the Administrative Law Judge and Environmental Appeals Board address Bayer’s argument about whether a more complete public review will take place. Once EPA grants the hearing, the Administrative Law Judge’s initial determination will then be reviewed by the EPA Environmental Appeals Board. The hearing can last up to 75 days. In the meantime, growers can still use Belt and retailers and distributors can still sell it.