2025-23420Rule

EPA OKs More Pesticide in Sugarcane for Emergencies

Published Date: 12/19/2025

Rule

Summary

The EPA is allowing a special, temporary use of the pesticide flupyradifurone on sugarcane to help farmers during an emergency. This rule sets safe limits for pesticide residues on sugarcane and molasses, effective now through December 31, 2028. Farmers, food makers, and pesticide companies should take note, and any objections must be filed by February 17, 2026.

Analyzed Economic Effects

5 provisions identified: 4 benefits, 1 costs, 0 mixed.

Time-limited residue limits set

The EPA set legal residue limits for flupyradifurone on sugarcane: 3 parts per million (ppm) for sugarcane, cane and 90 ppm for sugarcane, molasses. These time-limited tolerances are effective December 19, 2025 and expire December 31, 2028.

Emergency use approved for Louisiana

EPA concurred with a crisis exemption allowing flupyradifurone use on sugarcane in Louisiana to control West Indian canefly, sugarcane aphid, and yellow sugarcane aphid. The exemption responds to an emergency pest outbreak that the Louisiana Department of Agriculture and Forestry said caused a lack of available controls and risked significant economic yield losses for growers.

EPA finds dietary risks below concern

EPA's aggregate risk assessment found no risk estimates of concern for flupyradifurone with the emergency sugarcane use. Acute dietary exposure used 27% of the acute population adjusted dose (aPAD) for the general U.S. population and 55% of the aPAD for children 1-2 years old; chronic dietary exposure used 30% of the chronic population adjusted dose (cPAD) for the general U.S. population and 70% of the cPAD for children 1-2 years old.

Lawful residues remain lawful after expiry

Under FFDCA section 408(l)(5), residues of flupyradifurone that do not exceed the specified tolerances and that resulted from applications lawful under FIFRA will not be unlawful after the tolerances expire on December 31, 2028. That means crops treated lawfully while the exemption is in effect may retain residues up to the authorized levels after that date.

Tolerance not authorization for other states

EPA states these time-limited tolerances are based on a Louisiana crisis exemption and do not by themselves authorize use of flupyradifurone on sugarcane in any State other than Louisiana or serve as a basis for registration of flupyradifurone for sugarcane. Other States would need their own emergency exemption or registration to authorize use.

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Key Dates

Published Date
Rule Effective
12/19/2025
12/19/2025

Department and Agencies

Department
Independent Agency
Agency
Environmental Protection Agency
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