Industry Guidance on Implementation of New Japanese Pesticide Regulations on Cherries Exported to Japan April 16, 2007 BACKGROUND:  Effective May 29, 2006 Japan's Ministry of Health, Labor and Welfare initiated enforcement of a new positive list for agricultural chemicals on food products imported into Japan.  In the past, Japan deferred to U.S. tolerances or Codex maximum residue levels (MRLs) for those pesticides that did not have MRLs in Japan.  JAPAN'S POSITIVE MRL LIST:  The attached table lists the MRL values that will be in effect for the 2007 season.  The value listed for most of the active ingredients is equal to or higher than the U.S. tolerance for sweet cherries.  The shaded selections represent those pesticides used on cherries for which Japan has a lower or no MRL compared to the U.S. tolerance.  The NHC recommends that growers generally avoid the use of these chemicals on cherries to be exported to Japan.  However, among these there are three active ingredients that have had a major role in cherry pest management.  These are endosulfan (Thiodan), myclobutanil (Rally) and malathion.  Also, earlier this year the NHC received a report that quinoxyfen (Quintec) had been detected twice in U.S. cherries at levels above its proposed Japan MRL. To the best of our knowledge, endosulfan is rarely used when fruit is on the tree.  It is reserved primarily for postharvest control of shothole borer.  Residue data from USDA's Pesticide Data Program (PDP) for the 2000 and 2001  growing seasons showed that the highest residue that was detected was 0.13 ppm compared to the Japanese MRL of 1 ppm.  In the PDP data, less than 10% of the cherries sampled had detectable residues.  In spite of these low levels, endolsulfan is persistent and use prior to harvest should be avoided. Malathion ULV is widely used for cherry fruit fly control.  It was detected in about 10-15% of the PDP samples.  The maximum residue level detected in those samples was 0.063 ppm compared to the 6 ppm MRL set by Japan.  The U.S. tolerance is 8 ppm.  The U.S. tolerance takes into account that multiple applications of rates as high as 8 pounds of the active ingredient per acre (as the EC formulation) are allowed within three days of harvest.  The malathion ULV formulation, used by air, is limited to 1.22 pounds of the active ingredient per acre.  The Japan tolerance of 6 ppm has been in place since at least 1999 with no reported violations, to the best of our knowledge. In 2001, myclobutanil (Rally) was reported to have been used on 76% of the cherry acreage in Washington state.  The PDP program, sampling cherries from the 2001 crop, reported myclobutanil residues on 55% of the cherries sampled.  The highest residue level detected was 0.22 ppm compared to a U.S. tolerance of 5 ppm and a Japan MRL of 4 ppm.  This current Japan MRL for myclobutanil has been in place since at least 1999 with no reported violations, to the best of our knowledge.  It is our understanding that myclobutanil use is declining due to the introduction of newer fungicides. According to the Japanese Ministry of Health, Labor and Welfare, two samples of U.S. cherries exported in 2005 to Japan exceeded the allowable maximum residue level for the fungicide quinoxyfen (Quintec,).  Review of results from eleven previous residue trials conducted by the registrant Dow AgroSciences throughout the country--which used maximum allowable label rates, maximum number of applications, and minimum days between applications and before harvest--showed no case where the U.S. tolerance or the new Japan MRL was exceeded.  However, given the warning from Japan, cherry growers using Quintec this spring are urged to follow label instructions for this product very carefully. EXEMPT ACTIVE INGREDIENTS:  Sulfur and copper are exempt from tolerances in Japan and no regulatory action would take place should sulfur or copper residues be detected.  Gibberellic acid (GA) is an exempt substance in the U.S.  In Japan, the tolerance is 0.2 ppm.  The registrant, Valent, reports that there were no detectable residues of GA on sweet cherries after seven days following application. PENALTIES:  The NHC recently confirmed Japan’s penalty matrix for residue violations.  According to USDA/FAS staff in Tokyo, the first detection of a residue not in compliance with the Japanese standard will result in 30% testing of that commodity sent from the exporting country.  The second violation on that commodity will, by law, result in 100% hold and testing on every shipment of that commodity at the shipper’s expense.  Testing, we are told, will take about 5-7 days.  There are no guidelines regarding how long this hold and test procedure will be in effect once it is implemented. While this is the official policy, there are examples where violations occurred, even repeatedly, on U.S. imports, for which Japan utilized a different penalty structure.  The NHC is working with the Minor Crop Farmer Alliance and U.S. government representatives in an attempt to provide information to the Japanese government that would allow its officials to take action at the grower or grower lot level rather than against the entire industry. RESIDUE TESTING:  Should shippers wish to have cherries tested for specific pesticide residues under protocols approved by the Japanese government, the Oregon Department of Agriculture operates one such facility in Portland.  The ODA’s Export Service Center (ESC) is a certified customs laboratory for U.S. foods shipped to Japan.  The ESC can be reached at (503) 872-6630.  Other laboratories may be able to provide pesticide residue screening services but users should be prepared for significant costs if any laboratory is asked to screen for residues of all possible chemicals that could be used. CONTACT:  Contact Dr. Mike Willett, Vice President for Scientific Affairs or Deborah Carter, Technical Issues Manager, Northwest Horticultural Council at 509/453-3193.  Further information, including the NHC's Export Manual, can be obtained at www.nwhort.org.   Northwest Horticultural Council 105 South 18th Street, Suite 105 Yakima, Washington 98901, USA Voice: (509) 453-3193, Fax: (509) 457-7615 E-mail general@nwhort.org