The following is a direct quote from my contact at EPA (who checked with
the Regulation Division):
"The exemption from tolerance was issued under the Federal Food, Drug and
Cosmetic Act (FFDCA). EPA was able to meet the requirements stipulated
under the FFDCA to exempt oxalic acid from tolerances; however, the
chemical still has to be applied as a registered product under FIFRA. The
whole exemption was to support the use when the supers are on; EPA is
finishing up the amended label to allow for use of the registered oxalic
acid product year-round. If the beekeepers don’t use a registered product,
they would be applying an unregistered pesticide and would be subject to
enforcement under FIFRA."
The above is great news -- that EPA is in the process of amending the label
for application even if honey supers are on!
That said, allow me to address the recent between-the-lines suggestion on
this List that beekeepers could act as scofflaws, and by claiming that
their "intent" for applying OA was not for mite control, that they might
technically be able to avoid prosecution for illegal application of a
listed pesticide (once any chemical is listed as a pesticide, it puts it
into a new category).
This detail came up last year when I was on the phone with the person in
charge of Pesticide Research Authorizations for California. I was
discussing my research, and mentioned that I was doing titrations to track
the distribution of OA within the hive. He/she said, that's not covered by
your PRA! I responded that it didn't need to be, since I wasn't doing
those specific applications for varroa control (which would have been
considered as pesticide applications), but rather only to track how the
chemical distributed upon the bees in the hive.
Similarly, there is no law against using OA as a wood bleach on hive
components. But if one's intent was to apply it to the colony in order to
kill mites, then that would then be considered as an application of a
listed pesticide, and would therefore be illegal. So yes, what's in your
thought bubble could make the difference between being prosecuted or not.
I've yet to hear of a test case -- perhaps the Suggester could volunteer to
be that very test case for us.
Please keep this in mind. If we beekeepers feel that we can be pesticide
outlaws, how could we then demand that farmers follow the label to protect
our bees? The EPA is well aware of this dichotomy. That's why I'm trying
to work with USDA and EPA to add the extended-release application method to
the label, and for our industry to register an inexpensive source of OA for
us to use. If our industry were willing to put the effort and money into
it, it would be a win all around -- effective, safe, and non
contaminating varroa control, inexpensive and legal. I suggest that we put
pressure on AHPA and ABF to do so.
Randy Oliver
Grass Valley, CA
530 277 4450
ScientificBeekeeping.com
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