On 23 August 2023 EPA announced the mitigation measures for mosquito control agencies to continue using Malathion to control adult mosquitoes. On the new label, there will be several new sections, perhaps most notably is an Endangered Species Protections Requirements statement:

It is a Federal offense to use any pesticide in a manner that results in an unauthorized “take” (e.g., kill or otherwise harm) of an endangered species and certain threatened species under the Endangered Species Act section 9. When using this product, you must follow the measures contained in the Endangered Species Protection Bulletin for the area in which you are applying the product. You must obtain a Bulletin no earlier than six months before using this product. To obtain Bulletins, consult http://www.epa.gov/espp/, call 1-844-447-3813, or email ESPP@epa.gov. You must use the Bulletin valid for the month in which you will apply the product.

Reporting Ecological Incidents: To report ecological incidents, including mortality, injury, or harm to plants and animals, call 1-800-331-3148.

When the new labels come out, users will have to visit EPA's Bulletins Live! Two Website https://www.epa.gov/endangered-species/bulletins-live-two-view-bulletins. to determine if their applications are within a Pesticide Use Limitation Area (PULA). Until the new labels are published, we have the official response from FMC:

“The EPA has stamped accepted FMC’s end-use product labels containing the active ingredient malathion that include final mitigation language and measures out of the completed endangered species assessment in support of the Registration Review for malathion. As stated in the EPA label acceptance letters, “in accordance with 40 CFR 152.130(c) you [FMC, the registrant] may distribute or sell this product under the previously approved labeling for 12 months from the date of the accepted label [August 23, 2023]. After 12 months, you may only distribute or sell this product if it bears this new revised labeling or subsequently approved labeling. “To distribute or sell” is defined under FIFRA section 2(gg) and its implementing regulation at 40 CFR 152.3.”

In other words, the registrant (FMC) has until August 23, 2024 to distribute or sell product in their possession with previous labeling. After that date, FMC must only sell or distribute product with the new labeling (EPA stamped accepted August 23, 2023). Product with previous labeling that is in distribution, retail, or in end-user possession may continue to be sold, distributed, and used by those parties until those inventories held by the third parties are exhausted. End-users must use the product according to the label directions on the packaged product.“ 

There will be more to follow. Stay Tuned!