Department of Pesticide Regulation
Brian R. Leahy
Director
  Edmund G. Brown Jr.
Governor
 
 
June 20, 2014
 
  ENF 14-14
 
TO:
County Agricultural Commissioners
 
SUBJECT:
SECOND GENERATION ANTICOAGULANT RODENTICIDES: QUESTIONS AND ANSWERS
 

In 2012, the U.S. Environmental Protection Agency (U.S. EPA) placed prohibitions on sales and labeled uses of the second generation anticoagulant rodenticides (SGARs) in and around structures, and in 2013 cancelled numerous products. Because of the potential hazards to non-target wildlife, California passed regulations to make the remaining registered products restricted materials, effective July 1, 2014.

In early June 2014, DPR sent an Enforcement letter to County Agricultural Commissioners amending Volume 2, Laws and Regulations, of the Compendium (see ENF 14-12).

The following describes the California regulatory changes and some questions about implementation of the new regulations.

Questions and Answers about Implementation

1.  What was the regulatory change?

  • California Code of Regulations Title 3 (3CCR) Section 6400 is amended to add four SGAR active ingredients to the list of California restricted materials: brodifacoum, bromadiolone, difenacoum, and difethialone.

    3CCR Section 6471 is adopted to prohibit placing any of these four above-ground baits more than 50 feet from a man-made structure, unless there is a feature associated with the site harboring or attracting the pest species listed on the label between the 50 foot limit and the placement limit on the label (which is up to 100 feet on some SGAR labels).

    3CCR Section 6000 is amended to revise paragraph (a) of the definition of Private Applicator to say “…producing an agricultural commodity as defined by Title 40 Code of Federal Regulations, section 171.2(5) (July 1, 2013)…” Note that the precise citation is Title 40, Code of Federal Regulations, section 171.2(a)(5).


2.  What types of uses are on the currently registered SGAR product labeling?

  • These products are labeled only for control of three rodent species (Norway rats, roof rats, and house mice) in and around buildings and other man-made structures as defined by the product label. SGAR labels explicitly prohibit use against any other pest species. DPR has determined that SGAR products are not labeled for controlling ornamental, plant, or turf pests.


3.  Who may purchase and use these products?

  • These products may only be purchased and used by:
    • certified commercial applicators and
    • certified private applicators producing an agricultural commodity or those under their direct supervision.


4.  Are householders allowed to obtain a Private Applicator Certificate for these products?

  • No, householders do not qualify for a Private Applicator Certificate for SGARs, because DPR has determined that SGARs are not labeled for controlling ornamental, plant, or turf pests. Therefore, only individuals who meet the requirements of paragraph (a) of the definition of Private Applicator would qualify for a Private Applicator Certificate for SGARs. In other words, only individuals who produce an agricultural commodity as defined by Title 40 Code of Federal Regulations, section 171.2(a)(5) would qualify.


5.  In what ways does the revised definition of Private Applicator affect who can obtain a Private Applicator Certificate?

  • The revised definition of Private Applicator allows producers of livestock, poultry, and fish to qualify for a Private Applicator Certificate.


6.  Regarding certified commercial applicators, are individuals licensed by the Structural Pest Control Board (SPCB), as well as individuals certified or licensed by DPR, allowed to purchase and use these products?

  • As for any rodenticide, determination of which commercial certificate or license is appropriate will depend on the specific application site, the pest species, the reason for which the pest is being controlled, and whether or not the applicator is engaged in pest control for hire.


7.   Are SPCB licensees required to obtain a restricted materials permit for SGARs?

  • No, SPCB licensees are not required to obtain a permit for any restricted materials. This general exemption is set forth in California Food and Agricultural Code section 14006.6(d).


8.  How does restricting SGAR use to certified applicators assist in protecting wildlife?

  • Certified applicators have the knowledge and ability to use pesticides safely and, therefore, reduce unintended exposures to non-target wildlife.


9.  What are some examples of the phrase used in 3 CCR Section 6471: “a feature associated with the site that is harboring or attracting the pests targeted”?

  • Such features potentially could include any harborage (such as dense vegetation or debris) or any attractive resource (such as a source of food or water). The key consideration is that the feature must be both:
    • currently harboring or attracting one of the three rodent species listed on SGAR labeling, and
    • located more than 50 feet from the man-made structure, but less than the placement limit specified on the label (which is up to 100 feet on some SGAR labels).


10.  Have pesticide retailers, dealers, brokers, and other current sellers been notified that SGARs will become restricted materials?

  • Yes, DPR has sent letters to the affected stakeholders including registrants, licensed pesticide brokers, licensed pest control dealers, and retailers’ and grocers’ associations. In addition, DPR product compliance inspectors are distributing informational fliers when they conduct inspections. The Structural Pest Control Board also has sent a letter to its licensees. DPR is developing a website to explain SGAR changes and alternatives for rodent management.


11.  How many SGAR products currently are registered in California?

  • There are currently over 75 products registered containing these four active ingredients.


If you need assistance, please contact the DPR Enforcement Branch Liaison assigned to your county.

 
 
Sincerely,
 
 
Original Signature by:
 
George Farnsworth
Chief, Enforcement Branch
916-324-4100

 
 

cc:    Mr. Joe Marade, DPR Agricultural Commissioner Liaison
        Enforcement Branch Liaisons

1001 I Street  ·   P.O. Box 4015  ·  Sacramento, California 95812-4015  ·   www.cdpr.ca.gov
A Department of the California Environmental Protection Agency