Chemical name: 6,9-Methano-2,4,3-benzodioxathiepin, 6,7,8,9,10,10-hexachloro-1,5,5a,6,9,9a-hexahydro-, 3-oxide

Final regulatory action has been taken for the category: Pesticide

Final regulatory action: The chemical is Banned

Use or uses prohibited by the final regulatory action:

Prohibited all formulations with Endosulfan active ingredient and all uses in Costa Rica.

Pesticide use or uses that remain allowed:

Ninguno.

The final regulatory action was based on a risk or hazard evaluation: No

Summary of the final regulatory action:

In May 2012, a meeting of the Interministerial Commission was held where officials from the Ministry of Environment and Energy (MINAE), Ministry of Health (MS), State Phytosanitary Service (SFE) - Ministry of Agriculture (MAG) participated together with the Costa Rican Coffee Institute (ICAFE), as Endosulfan was of great importance for coffee cultivation. During this meeting it was pointed out that Endosulfan was used moderately to control the coffee borer and that it was the only registered alternative, though there were other agrochemicals which use in coffee were not yet registered, therefore, Endosulfan use was essential until other products are registered as alternatives to this pesticide. At that meeting, a note was issued requesting ICAFE's final position. At the end of May 2012, ICAFE sent a note to the Head of the Department of Agrochemicals and Equipment requesting that Endosulfan register should be keept for three more years while alternative products were registered with their respective rational. In August 2012, several follow-up meetings of the SFE-MINAE-MS-MTSS Interministerial Commission (MTSS, Ministry of Labor and Social Security) were held, in the first session the MS representative provided the proposal, which was reviewed including articles to sanction the non-compliance of the provisions and it was agreed that the representative of the SFE would send the proposed decree by email to all members of the commission for review and subsequent approval. During this month the Occupational Health Council issued a note indicating comments to the Endosulfan decree. At the second inter-ministerial meeting (SFE-MINAE-MS-MTSS), August 2012, modifications were made to the Decree while waiting for MINAE environmental justification to be included in the remarks. In the third session, the decree was reviewed and updated. In September 2012, another inter-ministerial meeting was held (SFE-MINAE-MSMTSS) where the Decree was reviewed again and comments were made. In September 2012, the Directorate of Environmental Quality Management (DIGECA) delivered to the Head of the Department of Agrochemicals the technical report on Endosulfan as agricultural pesticide included in Annex III, and it was concluded that as active ingredient of high toxicity, persistence, bioaccumulation and potential to be transported over long distances, it represents an unacceptable risk for the environment, thus the prohibition of this product as soon as possible was recommended, granting a grace period for the elimination of the product stocks and the adaptation of new technologies in agriculture. In the technical report carried out by the Ministry of Health, delivered during the same month, was concluded that after analyzing the technical and scientific information on the risks for the human health and the environment, efforts should be made together with MINAE and MAG to issue the legal regulation for the prohibition of importation, manufacture and use of Endosulfan and formulated products, considering that Endosulfan represents a risk to health in occupational exposure and in the intake of residues, and considering the alternatives registered in the MAG to immediately substitute the use of Endosulfan in authorized crops, with the only exception for the coffee berry borer (CBB), where the substitution would be a little slower. During October 2012, the SFE-MAG issued the agronomic technical report where it was concluded that after analyzing the scientific and technical information on the risks that Endosulfan represents for the human health and the environment and considering the scenario of agricultural use in Costa Rica, the criterion of SFE -MAG was that joint efforts together with MINAE and MS are required to issue the corresponding legal regulation that allows the prohibition of import, manufacture and use of Endosulfan, and it was considered that posing a risk to health in occupational exposure and in the intake of residues, and there are enough registered alternatives to immediately substitute the use of Endosulfan in authorized crops; the use of Endosulfan should be prohibited in all crops except for CBB, following Endosulfan use was authorized for a period of 24 months for the control of the CBB, and after that period it would be totally banned. In November 2012, the Occupational Health Council presented the technical report stating that from the agronomic point of view, the need for using the product for coffee cultivation was justified, consequently use was authorized for a period of 24 months to control CBB, for which it was recommended that handling and use of this pesticide would be carried out under the strictest protection measures for the worker. From the date indicated in the previous point to the publication date in the Official Gazette La Gaceta, comments were made by all the Ministries and entities involved on the original decree draft, with the respective collection of signatures of the Ministries involved.

The reasons for the final regulatory action were relevant to:

Date of entry into force of the final regulatory action: 30/03/2015