|
TO: PESTICIDE REGISTRANTS AND DATA SUBMITTERS
SUBJECT: REGISTRATION OF STRUCTURAL PEST CONTROL DEVICES
California state legislation [AB 1134 (Machado), Chapter 651, Statutes of 1998], created a regulatory program for
structural pest control devices. Under the provisions of AB 1134, the Department of Pesticide Regulation (DPR)
is responsible for the registration of devices utilized to control wood destroying pests, as defined. Prior to
registration, DPR is responsible for review of the efficacy and safety data of each device. As of July 1, 2001,
it will be unlawful to sell, possess, or use a structural pest control device in California, unless it is registered
by DPR.
AB 1134 amended both the Food and Agricultural Code and the Business and Professions Code, placing regulatory authority
for Structural Pest Control Devices upon DPR and, to a lesser extent, to the Structural Pest Control Board (SPCB).
DPR is responsible for the review of the efficacy and safety of the devices, and, if warranted registration of
the devices. DPR also has the authority to take registration and enforcement actions against parties who violate
state law pertaining to devices. The SPCB also has authority to take disciplinary actions against violators of
applicable state law.
Structural pest control devices are defined in Food and Agricultural Code (FAC) Section 15300(a) as:
".any method, instrument, or contrivance intended to be used to prevent, eliminate, destroy, repel,
attract, or mitigate any wood destroying pest, but does not include firearms, pesticides as defined in FAC Section
12753, or equipment used for the application of pesticides when sold separately from a pesticide."
FAC Section 15300(b) defines "wood destroying pests" as including but not limited to:
" insects such as wood borers and termites. "Wood destroying pest" does not include wood-decaying
fungi, general house hold pests such as cockroaches, or vertebrate pests such as rats and mice."
The device technologies that will be impacted by the structural pest control device program currently include
those that utilize microwave, electrical, and thermagation (heat) treatments to control termites, powder post beetles,
and carpenter ants, etc.
Enclosed is a copy of the "Structural Pest Control Device Registration Application" form, accompanying
application completion instructions, and data submission format guidelines. If you have any questions, please contact
Liz Pelham of my staff at (916) 323-5149,or lpelham@cdpr.ca.gov.
Sincerely,
|
