On June 3, 2020, the United States Court of Appeals for the Ninth Circuit issued a ruling immediately vacating the registrations of Xtendimax, FeXapan and Engenia. The Ninth Circuit ruled that USEPA’s registrations of those products violated The Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). Pursuant to FIFRA, all pesticides sold, used, or distributed in the United States must be registered with the USEPA. Therefore, effective June 3, 2020, based on the Ninth Circuit’s ruling, Xtendimax, FeXapan, and Engenia cannot be sold, used, or distributed as their registrations have been vacated.
While the Department has the authority to regulate the sale and use of pesticides within the State, it cannot permit any sale or use without a valid FIFRA registration. The Department acknowledges and is sympathetic to the challenges that the Court’s decision will pose to the industry.
The Department has not yet received any guidance from the USEPA, but we will continue to monitor this situation closely. As new information becomes available, the Department will provide updates on its website.