What Is the Difference between a Biostimulant and a Pesticide?

The question posed by this podcast may sound easy, but it is anything but. This podcast explores the fascinating yet commercially vexing jurisdictional divide between and among biostimulants, biopesticides, and fertilizers as each of these agricultural chemical products is vital to the agricultural community.  According to a recent U.S. Department of Agriculture report, the plant biostimulant industry alone is expected to be at least a $2.2 billion global market, swelling to $5 billion in 2025. As big as this market is, there is surprisingly a great deal of confusion in markets globally regarding what exactly is a biostimulant and how it differs from a fertilizer or a pesticide, and importantly how the U.S. Environmental Protection Agency (EPA) goes about regulating the claims made for these products.  This podcast focuses on these issues, especially as they relate to how EPA defines and regulates biostimulants, and offers some tips to stakeholders in this commercial space on how to avoid enforcement scrutiny. My guests today are my colleagues, Lisa Burchi and Sheryl Dolan.  Lisa is a resident in California and Of Counsel to B&C.  Lisa counsels clients on chemical law and regulation and has significant experience with legal and regulatory matters specifically related to these jurisdictional lines, which most often arise in the context of enforcement actions brought by EPA headquarters and regional offices. Sheryl Dolan is B&C’s Senior Regulatory Consultant.  Sheryl works with a wide variety of chemical innovators to commercialize their products and works closely with the legal team to make this happen.  Both Lisa and Sheryl are also employees of B&C’s consulting affiliate, The Acta Group, with offices here in D.C, Manchester, U.K., Brussels, Belgium, and Beijing, China. ALL MATERIALS IN THIS PODCAST ARE PROVIDED SOLELY FOR INFORMATIONAL  AND ENTERTAINMENT PURPOSES. THE MATERIALS ARE NOT INTENDED TO CONSTITUTE LEGAL ADVICE OR THE PROVISION OF LEGAL SERVICES. ALL LEGAL QUESTIONS SHOULD BE ANSWERED DIRECTLY BY A LICENSED ATTORNEY PRACTICING IN THE APPLICABLE AREA OF LAW.