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NOMINATING PARTY : The United States of America

DATE: MARCH 27 , 201 3

FILE NAME: USA CUE15 DATES

BRIEF DESCRIPTIVE TI TLE : U.S. Response to MBTOC February 14, 2013 Questions on

Dates

SITE NAME (OPEN FIEL D): D ates

NOMINATING PARTY CONTACT DETAILS:

Contact Person: Federico San Martini, Ph.D.

Title: Foreign Affairs Officer

Address: Office of Environmental Policy

U.S. Department of State

2201 C Street, N.W. Room 2657

Washington, D.C. 20520 U.S.A.

Telephone: (202) 647

- 3819

Fax: (202) 647

- 1052

E

- m ail: SanMartiniFM@state.gov

CONTACT OR EXPERT(S) FOR FURTHER TECHNICAL DETAILS:

Contact/Expert Person: Mark Hartman

Title: Acting Director

Address: Biological and Economic Analysis Division

Office of Pesticide Programs

U.S. Environmental Protection Agency

1200 Pennsylvania Avenue, N.W. Mailcode 7503P

Washington, D.C. 20460 U.S.A.

Telephone: (703) 308

- 0 734

Fax: (703) 308

- 7042

E

- mail: Hartman.Mark@epa. gov

BACKGROUND

The United States government nomination is for 310 kilograms of methyl bromide to fumigate

freshly harvested dates. These d ates are marketed for immediate consumption within 3 to 5 days

of harvest (not held in storage)

. The eggs of dried fruit beetle and carob moth may be present at

harvest, and only methyl bromide can kill these eggs within 24 hour s

.

Questions concerning moisture content of dates:

Information concerning the moisture content of dates, and also how to stabilize it, is key to the

quality of dates during a fumigation, and of the choice of a fumigant. Understanding the moisture

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content of dates leads to an understanding of the true restr iction to fumigation with phosphine.

That is why we really need to understand it thoroughly.

MBTOC Question 1a

. What is the range and the maximum Equilibrium Relative Humidity

(e.r.h) or moisture content (m.c.) acceptable at harvest intake? Does e.r.h o r m.c. vary over the

harvest period and if so what are the contributing factors to this variation?

U.S. Reply

“Fresh” Deglet Noor and Medjoul varieties grown in the Coachella Valley CA have a lower

moisture content at harvest , 17

- 23% , relative to the same varieties grown in Algeria and

Tunisia, which have a 35

- 40% moisture content ( Ciesla et al, 2009) . Dates in California

ripen on the tree ( i.e.

, we harvest at the mature t amar stage of the date), which results in a

lower moisture content, higher sugars and less tannins than if the fruit is artificially ripened.

Other countries may harvest dates at the k halal stage and then freeze or expose t he dates to

acetaldehyde/ethanol to ripen the fruit.

Harvest in the Coachella Valley begins initially in more northern plantations and transitions

toward the south, mainly due to the composition of the soil and cooler climate, over the

course of mid

- Oct ober to early

- December. Dates harvested outside this period are not sold

as fresh market dates (i. e, with a moisture content of 17

- 23%) but are stored, dried, and

fumigated with phosphine (not methyl bromide). The U.S. critical use nomination for dates

i s only for those dates harvested between mid

- October through early

- December that are sold

as fresh market dates (for immediate consumption). Fresh market da tes account for

approximately 3 0 % of the California date harvest.

MBTOC Question 1b

. Aerating the freshly harvested dates to even out differences in moisture

content would avoid fumigation and allow phosphine to be used (with its longer treatment time).

Do the dates ever have to be artificially dried to make them dry enough for ambient ai r storage?

U.S. Reply

Dates are frequently dried to make them suitable for ambient air storage. Those dates are

fumigated with phosphine, not methyl bromide. The U.S. critical use nomination is not for

dates that are dried but only for fresh ly harvest ed dates, i.e., dates that are sold with a

moisture content between 17

- 23% and sent to the market in 3

- 5 days

.

Immediately after harvest, all incoming field bins of dates are fumigated in chambers,

predominately with sulfuryl fluoride, to disinfest field pests. Key field pests include the

carob moth and the dried fruit beetle and their eggs , which sulfuryl fluoride does not

completely control with the labeled dose and/or exposure maximums within a treatment

period of less than 3 days. Methyl bromide fumigation, which provides complete control of

all life stages of carob moth and dried fruit beetle with a 2 4

- h treatment, is used to disinfest

shipments of “fresh” CA dates (17

- 23% moisture) that must be expedited to domestic

market s . Dates from Coachella Valley CA that are not processed and shipped immediately

after harvest (October

– March ) m ust be dried for storage. Stored dates are fumigated with

phosphine in “stacks” of bins. As orders are filled throughout the year, stored dates are

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rehydrated to 20% moisture content, processed, and distributed to market. Those dates are

not treated wit h methyl bromide , but with sulfuryl fluoride.

Questions concerning comparative volumes of product to be MB treated:

MBTOC Question 2

. EPA proposed rule (Federal Register, 77 FR 74435, December 14, 2012)

describes the Limiting Critical Conditions for methyl bromide use in 2013. These conditions

report, among other things, that MB use for dates is only for California dates in Riverside

County. We are wondering if it is this Limiting Critical Condition which explains the variance

we see in data on total date harvest.

U.S. Reply

MBTOC is correct : the United States critical use nomination is only for California dates

grown in Riverside C ounty. The nomination represents roughly one

- third of the total

pro duction from Riverside County

, which is the amount of fresh ly harvested dates that are

rapidly fumigated and shipped for immediate consumption.

MBTOC Question 3

. For example, the CUN (Table 4) reports total date harvest of 19,396

tonnes. But, recently released data by USDA

- NASS give s 2012 California production as 31,100

tons (28,213 MT). Please provide the total harvest of dates for the entire State and/or county that

is included in this CUN.

To assist you to understand the reasoning for this request, the CUN requests MB for 15,500 m 3

of dates, which MBTOC has to convert to tonnes and then determine the percentage of the total

date harvest for which MB treatment is requested.

U.S. Reply

The production figure in the CUN, 19,396 MT (21,380 short tons), is based on a five

- year

average of NASS data for total production of dates in the state of California from 2006

- 2010.

EPA generally averages production and price data so that policy decisions are not based on

information from an atypical year. For more detail see Table 1.

MBT OC Question 4a. Converting dates from m3 to tonnage requires knowledge of the date

storage bins and the stowage factors. The CUN requests MB for 15,500 cu m of dates. At this

point, MBTOC has estimated 400kg of dates in the storage boxes (assumed 1 m3 ca pacity) and

assuming 'under tarp' fumigation. With a 20% allowance for extra fumigated space for stacking

and dunnage, 15,500 m3 of dates, as handled, is equivalent to about 5000 tonnes of dates.

Sources in California can supply more accurate figures and if so, we would appreciate receiving

them.

U.S. Reply

Based on USG calculations, 15,500 cubic meters of dates would be equivalent to 8,276

metric tonnes of dates. The calculations are as follows:

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15,500 cu m ÷ 1.2 (space allowance) = 12,917 cu m dates = 456,148 cu ft = 18,245,911 lbs 1



### = 9,123 short tons = 8,276 metric tonnes

The value of 15,500 cubic meters (8,276 metric tonnes) was nominated based on historic

acreage for dates and, in or der to account for natural variability in yield, a high potential

yield

. Table 1 shows dates production, bearing acres, and yield for the years 2000

- 2012. As

acreage and production have increased, the U.S. nomination has decreased.

Dates production (i.e ., yield per acre) varies each year based on the age of the trees and

environmental conditions (rain, temperature), so the amount of fumigant ne eded in a given

year will vary. However, the amount nominated is based on production acreage around th e

time of the first nomination. Table 1 shows the bearing acreage, yield per acre, total

production, an d the U.S. nomination for methyl bromide

. To avoid market disruption, the

U.S. nomination allows for slightly less than one

- third of maximum yield of historic b ear ing

acreage to be fumigated. The U.S. nomination for dates has decreased substantially, with the

2015 nomination representing an almost 90% reduction from our initial nomination.

Table 1. Dates: Acreage, Yield, Production

, and US Nomination, 2000

- 2012

Year Bearing

Acreage 1 

### Yield

(tons/acre) Production

(1,000 tons) MeBr CUN

(kg) 2



### 2000 4800 3.63 17.4

2001 4900 4.02 19.7

2002 4800 5.04 24.2

2003 5200 3.46 18.0

2004 5500 3.13 17.2

2005 5700 3.02 17.2

2006 5500 3.22 17.7 3,016

2007 5300 3.08 16.3 3,016

2008 5700 3.67 20.9 2,009

2009 6700 3.54 23.7 2,009

2010 7700 3.77 29.0 2,009

2011 8400 3.96 33.3 2,009

2012 8400 3.70 31.1 1,063

2013 361

2014 325

2015 310

1 Acreage based on the USDA NASS survey, not the five

- year census. The 2007

agriculture census indicated there were also 1,600 acres of dates in Arizona.

2 Sulfuryl Flouride (Profume) commercial introduction in the United States in April

2004, for cereal grain, dried fruit, and tree nuts

. Federal l abel amended to include other

commodities, such as coffee beans, cocoa beans, rice flour , etc. on July 15,

2005. California approved the initial label in June of 2005 and the amended label in the

summer of 2006. The ea rliest these label changes would be reflected for California use

1 The value is calculated using a conversion factor of 40 lbs per cubic foot based on estimate submitted by dates

growers and http://www.aqua

- calc.com/calculate/food

- weight

- to

- volume

.

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would be for the 2008 critical use nomination.



### Source s : USDA NASS, Noncitrus Fruits and Nuts Summaries ; USG Critical Use Nominations



### MBTOC Question 4b. We believe the plastic boxes used for field storage of California dates

may allow for more weight per cu m than does the wooden boxes used for other dried fruit in

California, but seek confirmation of this.

U.S. Reply

C alculations would be based on the density of the fruit and not on the size or weight capacity

of the fumigation bin. Dates have an average density of approximately 40 lbs per cubic foot.

Even if the boxes used in California were larger or could hold more weight, the weight p er

cubic meter of the fruit would be the same, and the 20% space allowance would be

proportionately the same.

Questions concerning the impact of market timing on fumigation needs:

The CUN notes, ‘Commodity fumigation with methyl bromide is used primarily at harvest time,

when rapid fumigation is needed to keep up with the large volumes of incoming commodities

that need to be shipped to market in three days for maximum value.’

MBTOC Question 5

. By this statement does the US actually mean that some portion of the

harvest has to be quickly fumigated to get their crop to market within three days to achieve

premium prices? When does the need for rapid marketing occur?

We ask this because other sour ces do not indicate a need for immediate marketing of dates, or a

short market window.

We are basing our statement on the following sources:

“Harvest Season: October 1

– December 15. This is reported in California Agricultural

Statistics 2011 Crop Yea r. Issued by USDA National Agricultural Statistics Service, California

Field Office, October 31, 2012. USDA

- NASS also reported the following in 2006 for California

dates:

Usual Harvesting Dates

Begins August 15

Most Active October 1

- December 15

Ends March 1

Usual Marketing Dates

Begins August 15

Most Active October 1

- December 20

Ends March 15

Source: Fruits and Tree Nuts: Blooming, Harvesting, and Marketing Dates, Agriculture

, Handbook Number 729. USDA, National Agricultural Statistics Service. December 2006.

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Marketing Year: October 1 through September 30 of the following year. This is established by

the California Date Commission Law and is consistent with Federal Marketing Order 9 87:

California Dates.”

Therefore we ask for more detailed substantiation of this CUN statement, since it forms a key

basis for the CUN.

U.S. Reply

The United States nomination is for "fresh" dates shipped to market for immediate

consumption by those consumers who prefer freshly harvested dates. The purpose is to meet

consumer demand for fresh dates, not to obtain a higher price. Prices received for dates may

vary based on fresh or processed or by time of year, but the economic analysis was based on

average annual price per ton for all dates from USDA, National Agricultural Statistics

Service (see Table 1).

Questions concerning treatment parameter s:

MBTOC Question 6

. Is fumigation with MB restricted to a particular time of year and/or

variety?

U.S. Reply

Methyl bromide fumigation of “fresh” dates for immediate consumption takes place between

mid

- October and early

- December. There are no regulatory restrictions on the time of year or

variety.

MBTOC Question 7

. What is the availability of, and size of, fixed fumigation structures?

U.S. Reply

The United States government does not have this information for the e ntire date industry.

We do know that one production facility has duplicate chambers (3500 cu ft) each having a

40 short ton capacity at normal atmospheric pressures and temperatures. This facility

processes and fumigates approximately one third of the California date crop.

MBTOC Question 8

. CUN notes that phosphine treatment takes longer than sulfuryl fluoride to

fumigate dates (5 to 7 days), and during this time the dates fermen t, resulting in an off

- flavor and

an unmarketable product. MBTOC needs to know the moisture content of the dates because it

seems possible that the aspect of this statement pertaining to potential damage done by longer

fumigation is incorrect.

U.S. Reply

The United States nomination is for the freshly harvested dates going promptly (i.e., within

3

- 5 days) into the marketplace for immediate consumption

. Only stored dates are fumigated

with phosphine in “stacks” of bins. Dates must be dehydrated in preparation for storage, as

they ferment if stored with harvest

- time moisture content of 17

- 23%. Phosphine fumigation

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is not used to disinfest incoming bins o f field pests when the moisture content of the dates is

17

- 23% because treatment time required for efficacy against the target pests is too long.

Sulfuryl fluoride’s reduced performance on the eggs of dried fruit beetle and carob moth

, which may be presen t on the dates, necessitates the use of methyl bromide for the rapid

fumigation of the “fresh” dates

.

Questions concerning current and planned research on pest control for dates:

MBTOC Question 9

. The CUN provides a bit of an indication of the planned research on MB

alternatives for dates. However, we believe the CUN was written several months ago. At this

time is it possible for the US to provide an update and more detail on the research being

con ducted this year and planned for next year on MB alternatives for dates?

U.S. Reply

Please refer to attached proposal, “ Circumventing ovicidal deficiencies of sulfuryl fluoride

and other postharvest fumigants: Optimization and technology transfer of the SF

- PPO

mixture

. ” The research will c omplete normal atmospheric pressure testing and then scale

vacuum and normal atmospheric pressure fumigation toward commercial sca le applications

with validation for dates as well as walnuts. Research on the SF

- PPO is o ngoing (See

Appendix 1)

.

Questions on fact checking

- economics:

MBTOC Question #1 0

. The table on page 4 of the CUN indicates a gross revenue of > US$32

million per tonne. This seems unlikely. We note that the ‘Non

- citrus Fruits and Nuts 2012

Preliminary Summary (January 2013). USDA’s National Agricultural Statistics Service’ reports

a 2011 price per tonne as US$1320 and a 2 0 12 price per tonne of US$1340. Could the US please

provide a correct number?

U.S. Reply

MBTOC is correct that the $32 million refers to total value of production, not value per

tonne. MBTOC is referencing the correct source for the numbers that were used in

calculating the values. The values were calculated as an average from USDA NASS data

over the five

- year period from 2006

- 2010.

R EFERENCES

C iesla

, Y. P. Ducom, C. Reichmuth, S. Walse. 2009. Harvest and disinfestation of Deglet Noor

dates in the Coachella Valley (California), USA Company

- guided visit of the Hadley

Date Gardens with John Davies (Expert), and Albert P. Keck (President) 13 November

2009

. Report for MBTOC.

USDA. 2013. National Agricultural Statistics Service. Noncitrus Fruits and Nuts Summary.

2006

- 2013. Accessed online on March 1, 2013 at https://www.nass.usda.gov

.

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Walse, S. 2013. Circumventing ovicidal deficiencies of sulfuryl fluoride and other postharvest

fumigants: Optimization and technology transfer of the SF

- PPO mixture. See Appendix

1.

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Appendix 1.

USDA

- ARS

San Joaquin Valley Agricultural

Sciences Center

PROJECT PLAN/RESEARCH

GRANT PROPOSAL

Project Year 2013 Anticipated Duration of

Project: 1 year

Project Leade r Spence r S

. Wals e Location: USD A

- ARS

- SJVASC,

Parlier, CA Cooperating Personnel: J. Steven

Tebbets

Project Title: Circumventing ovicidal deficiencies of sulfuryl fluoride

a n d o t h e r postharvest fumig a nts: Optimization and technology transfer of the

S F

- PPO mixture

Keywords

Commodity(s) walnuts

, fumigation

, Profum e ®, foo d securit y , propylen e oxide,

microscopy

Relevant Project No. NA

Proble m an d it s Significance:

Methy l bromid e (MB ) Critica l Us e Exemption s fo r post harves t application s ar e

bein g dissolved b y MBTOC ; a n expiratio n dat e o f 201 5 ha s bee n proposed

. Th e

drie d frui t an d nu t industry o f C A use s sulfury l fluorid e (SF ) i n scenario s

wher e disinfestation s o f insect s ar e required withi n hour s o f harvesting

.

However

, th e ovicida l defi ciencie s o f S F towar d severa l insec t specie s endemi c

t o C A cas t seriou s doub t o n it s technica l me rit

, economi c feasibility

, an d

regulator y complianc e whe n use d i n t h i s capacity

. Mo reover , th e USEP A ha s

propose d t o revoke th e S F labe l fo r us e o n foodstuffs

, includin g walnut s , wit h n o clea r resolutio n ye t forthcoming.

Th e firs t yea r o f th e projec t expande d o n th e wor k o f DF A o f C A (Hurle y &

Muhareb)b y includin g test s o n differen t insec t specie s (NO W & CdM ) an d refinin g

th e toxi c m i xture ; SF wa s paire d wit h propylen e oxid e (PPO)

, a poten t ovicide

,

t o significantl y reduc e (~6

- fold) th e applie d dos e o f S F require d fo r adequat e

kil l o f al l l i f e stage s o f th e targe t pests

. In addition

, w e wer e abl e to

c o m p a r a t i v e l y e v a l u a te u s i n g m i c r o s c o py t h e e g g p h y s i o l o gy of store d produc t

insec t pest s including

, drie d frui t beetle

, codlin g moth

, indianmea l moth , and

navel orangeworm. Th e secon d yea r o f th e projec t focuse d o n optimizin g th e

toxi c S F

- PP O mixtur e unde r vacuu m an d norma l atmospheri c pressures , a s wel l

a s evaluating the egg physiolo g y of s t o r ed p r o d u c t i n s e ct p e s t s i n c l u d i n g,

d r i e d f r u i t b e e t l e , c o d l i n g m o t h , indianmeal moth, and navel orangeworm. I n

addition

, w e wer e abl e to q u a n t i fy t h e antimicrobial activity of the SF

- PP O

mixtur e relativ e t o MB

, phosphine

, an d sulfury l fluorid e alone.

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Th e completio n o f thi s projec t wil l carr y th e SF

- PP O mixtur e throug h commercia l

validatio n an d wil l yiel d th e mos t effectiv e M B alternativ e t o date

, wit h

th e benefi t o f bot h insecticida l an d anti

- microbia l efficacy.

Long

- ter m goal : E n s u re p e s t

- fr e e s e c u r i ty a n d f o od s a f e ty of walnuts in

p o s t h a r v e s t mar ketin g channel s vi a th e developmen t o f efficient

, economical

,

an d environmentall y benign chemica l treatments

.

Short

- term goal : Complete normal atmospheric pressure testing and then scale

vacuum a nd normal atmospheric pressure fumigation toward commercial scale

applications with validation.

Objectives:

1) Conduct insecticidal efficacy trials at Temperature < 70F (i.e., 50 &

60F).

2) Begin scaling fumigations toward commercial scenarios.

3) Determine the environmental factors (e.g., temp, air flushes, etc.)

that minimize chemica l residue s associate d wit h ovicide

- S F pair ings

, particularl y thos e resultin g from the PP O

- SF mixture. Tailor fumigant

ovicide application to minimize residue formation.

4) Develop novel chemical and physical approaches to kill insect eggs

based on an understanding of egg biochemistry and/or the logistical

operations of walnut harvest and distributio n

.

Plan s an d Procedures:

Objectiv e 1

. A t 70F

, th e optimize d rati o fo r th e S F

- PP O mix tur e ha s bee n

identifie d unde r v a c u um as w e ll as n o r m al a t m o s p h e r ic p r e s s u r e

. We w i ll

f o l l ow t h e s a me e x p e r i m e n t al procedure and process at 50 and 60F.

Objective 2. At 7 0 F, efficacy studies will transition from 1 cubic foot

chambers into nine cubic foot chambers and commodity will be included in the

testin g

.

Objective 3. T o facilitat e th e detectio n o f biomolecula r conjugates

,

m ass

- labeled propylen e oxid e wil l b e synthesize d vi a th e metho d o f Beckma n

. Th e mass

- labele d PP O will the n b e use d t o fumigat e inshel l walnuts ; a mas s

balanc e wil l b e ge nerated

. Mass

- labele d residue s tha t ar e likel y t o b e

forme d durin g walnu t fumigation s wil l b e characterize d i n studie s o n

surrogat e biomolecule s suc h as : olei c acid

, bovin e seru m album e n , an d

glutathione.

Objectiv e 4

. W e wil l t h e n expos e egg s t o fumigants

, ovicides

, an d othe r

phy siologicall y activ e gase s t o observ e an y morphologica l chang e tha t

results

. Onc e mechani sti c detail s ar e gathered

, w e wil l tailo r chemica l an d

physica l approache s t o exploi t wea knes s i n eg g shells

. Approache s wil l onl y

b e explore d tha t ar e amenabl e t o existin g infra structur e o f the walnut

industry.