Online at: http://pmep.cce.cornell.edu/profiles/fumigant/sulfuryl-fluoride/sulfuryl_let_105.html
New York State Department of Environmental Conservation
Division of Solid & Hazardous Materials
Bureau of Pesticides Management
Pesticide Product Registration Section
625 Broadway, Albany, New York 12233-7257
Phone 518-402-8768 FAX 518-402-9024
Website: http://www.dec.state.ny.us/website/dshm/pesticid/pesticid.htm
E-Mail: ppr@gw.dec.state.ny.us
January 31, 2005
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Raymond S. Brinkmeyer, Ph.D.
State Regulatory Leader
Dow AgroSciences, LLC
9330 Zionsville Road
Indianapolis, Indiana 46268-1054
Dear Dr. Brinkmeyer:
Re: Denial of Application to Register a Major Change
in Labeled (MCL) Use Pattern for the Active Ingredient Sulfuryl
Fluoride Contained in the Pesticide Product ProFumeTM (EPA
Reg. No. 62719-376)
The New York State Department of Environmental
Conservation (Department) has reviewed the application and
data package submitted by Dow AgroSciences, LLC (Dow Agro)
in support of the application to register ProFumeTM (EPA
Reg. No. 62719-376) containing the active ingredient sulfuryl
fluoride.
ProFumeTM (99.8% sulfuryl fluoride) is a
pressurized fumigant labeled for control of postharvest
insect and rodent pests in or on certain stored commodities.
Fumigation sites include nonresidential structures (for
the food commodities listed on the label) such as mills,
warehouses, stationary transportation vehicles (railcars,
trucks, etc., excluding aircraft and passenger railcars),
temporary and permanent fumigation chambers, and storage
structures.
One product containing sulfuryl fluoride
is currently registered in New York State for fumigation
of structures for control of termites under the brand name
VikaneTM (EPA Reg. No. 62719-4). The use on stored food
commodities represents a major change in labeled (MCL) use
pattern for sulfuryl fluoride. The Department has not previously
conducted a toxicological and health effects evaluation
of this active ingredient.
In a letter dated August 12, 2004 (copy enclosed),
the Department notified Dow Agro that the major change in
labeled (MCL) use pattern application was incomplete and
allowed 45 days from receipt of the letter for submission
of the requested information. Per your request, two extensions
of 45 days and 60 days were granted. The most recent due
date was January 25, 2005. As of the date of this letter,
the Department has not received the information required
to proceed with a technical review of the subject application.
Since the Department is required to operate
under legislatively mandated time frames, and there is no
indication as to when the required information will be available,
the review has been terminated and the subject MCL application
denied.
Please note that the application fee is nonrefundable. If
you wish to reapply, a new MCL application, application
fee and information specified in 6 NYCRR Part 326.17 must
be submitted. The application should be resubmitted only
when the information requested in the Department's August
12, 2004 incompleteness letter is available.
Please be aware that ProFumeTM (EPA Reg.
No. 62719-376) may not be sold, offered for sale, distributed,
or used in New York State.
If you have any questions on this matter, please contact
me, at (518) 402-8768.
Sincerely,
Samuel J. Jackling
Chief
Pesticide Product Registration Section
cc: w/enc. - N. Kim/D. Luttinger, NYSDOH
W. Smith, Cornell University, PSUR
