Department of Pesticide Regulation

FUMITOXIN® LABEL INTERPRETATION

This responds to a request for a labeling interpretation concerning the product Fumitoxin® Pellets, EPA registration No. 72959-2-AA-5857, relative to the physical presence of a certified applicator requirement for control of burrowing pests.

Question:
In the absence of any reference to the fumigation of burrowing pests, is a certified applicator required to be physically present at the application site when aluminum phosphide is used for the control of burrowing pests?

The Applicator´s Manual for Fumitoxin® under Section 11 requires that a certified applicator be present and responsible for all workers. Section 11 seems to address fumigation of structures only and it does not address fumigation of burrowing pests.

Answer: Yes. Section 11 of the Applicator´s Manual for Fumitoxin® applies to all fumigation sites listed on the registered Fumitoxin® Pellets labeling which includes Section 26 - Burrowing Pest Control. Section 11 of the applicator´s manual, as written, does not state only treat structural sites nor does it exempt treatment of burrowing pest sites. The requirement that a certified applicator be physically present, responsible for, and maintain visual and/or voice contact with all fumigation workers applies when Fumitoxin® is used for control of burrowing pests.

The registrant has been consulted and concurs with this interpretation.

The Fumitoxin® Pellets labeling and Applicator´s Manual for Fumitoxin® (considered a part of the registered label) both have the following statements:

For use by Certified Applicators or persons under their direct supervision, and only for those uses covered by the Certified Applicator´s certification. Refer to the directions in the applicator manual for requirements of the physical presence of a Certified Applicator.

The Applicator´s Manual for Fumitoxin®, Section 11 is entitled and states: "REQUIREMENTS FOR CERTIFIED APPLICATOR TO BE PRESENT AND RESPONSIBLE FOR ALL WORKERS AS FOLLOWS":

• A Certified Applicator must be physically present, responsible for, and maintain visual and/or voice contact with all fumigation workers during the application of the fumigant. Once the application is complete and the structure has been made secure the certified applicator does not need to be physically present at the site.
• A Certified Applicator must be physically present, responsible for, and maintain visual and/or voice contact with all fumigation workers during the initial opening of the fumigation structure for aeration. Once the aeration process is secured and monitoring has established that aeration can be completed safely the certified applicator does not need to be physically present and trained person(s) can complete the process and remove the placards.
• Persons with documented training in the handling of Phosphine products must be responsible for receiving, aerating, and removal of placards from vehicles, which have been fumigated in transit. Refer to section 12 for training requirements.

In addition, the registrant has developed a "Fumigation Management Plan Draft for Burrowing Pests". It gives guidance to the applicator on how to prepare a fumigation management plan as required in the Applicator´s Manual for fumigation of burrowing pests. On page four of this document, under "Personnel", it states:

• Scheduled personnel for the fumigation. Product labeling requires that at least one (1) state certified/licensed pesticide applicator to be present and onsite to oversee all phases of the fumigation procedure. List of personnel scheduled for chemical treatment:
  • Larry Jackson (Certified applicator - on premises)
  • Tom Smith
  • Bob Carter.

The draft fumigation management plan can be found on the registrant´s Internet Web site at www.pestcon.com.

If you have any questions, please call or e-mail the Enforcement Branch Liaison serving your county.

cc:  Ms. Betty Lilyquist, Pestcon Systems, Inc
       Mr. Barry Cortez, DPR Registration Branch Chief
       Mr. Roy Rutz, DPR Agriculture Program Supervisor III
       Ms. Ada Scott, DPR Agriculture Program Supervisor II
       Mr. Jahan Motakef, DPR Agriculture Program Supervisor II
       Mr. Dan Weerasekera, DPR Senior Pesticide Use Specialist
       Mr. Gary Varnado, DPR Senior Pesticide Use Specialist
       Mr. James Shattuck, Agricultural Commissioner Liaison