Any FIFRA experts on here? Treated seed may fall within the FIFRA exemption for treated articles, but only if the article is used for the intended and registered use. Using treated seed for ethanol production doesn't involve using a pesticide to protect the seed itself. /1

Seems to me that the sale of treated seed to an ethanol plant for distillation is the distribution of a pesticide that isn't going to fit within the treated-article exception. /2

Looks like it might qualify as a pesticide transferred for purposes of disposal under 40 CFR 152.30(f) which requires labels and compliance with FIFRA sec 19. /3

According to EPA, regulations on that front are rare because RCRA covers disposal of waste. Both the seed companies and AltEn have significant questions to answer on this front. /4

Notably, FIFRA requires that pesticides added to seed have a dye that operates to distinguish treated seed from normal corn or sorghum or whatever. Why? Because the product has a specific and allowed use. Move it beyond that, and you are in a different world. /5

It doesn't qualify for the exception, it is a transfer of a pesticide that needs a label, and disposal is governed by RCRA. The laws were there, I think. /end