Department of Pesticide Regulation
|Edmund G. Brown Jr.
|April 8, 2011
|County Agricultural Commissioners|
UPDATE: ALUMINUM AND MAGNESIUM PHOSPHIDE RODENTICIDES/NEW APPROVED LABELING AMENDMENTS AND QUESTIONS AND ANSWERS
In April 2010, the U.S. Environmental Protection Agency (U.S. EPA) announced expanded use restrictions for rodenticide uses of aluminum and magnesium phosphide products in response to two deaths in Utah. U.S. EPA directed all registrants to amend their product labeling.
To date, only two registrants have revised their labeling in California. The following aluminum phosphide rodenticide products include the expanded use restrictions and are approved and now registered in California:
The following product registrations were inactivated December 2010:
The Department of Pesticide Regulation (DPR) anticipates that the remaining revised aluminum phosphide rodenticide product labels will be submitted soon.
The only currently registered magnesium phosphide product for burrowing rodent control in California is United Phosphorus Inc - Magnaphos® Gas Bags, 7056-17-AA. However, revised labeling has not yet been submitted to DPR. The registrant informed DPR that when they determine that their magnesium phosphide will be distributed in the U.S., and prior to any potential sales in California, the updated label will be submitted to DPR for approval.
Issuing Restricted Materials Permits
Aluminum and magnesium phosphide products have been restricted in California since 2005. DPR does not have any recommended permit conditions.
However, prior to issuing permits, please note the new revised aluminum and magnesium phosphide product labeling changes. Registrants were directed by U.S. EPA to include the following use restrictions on their labels:
Questions and Answers
The revised aluminum phosphide product labeling has given rise to several questions. The following answers pertain to the new aluminum phosphide labeling and will also apply to magnesium phosphide products if they are distributed in the future with revised labeling:
"This product must be used out-of-doors only for control of burrowing pests and for use ONLY on agricultural areas, orchards, non-crop areas (such as pasture and rangeland), golf courses, athletic fields, airports, cemeteries, rights-of-ways, earthen dams, parks and recreational areas and other non-residential institutional sites."
Additionally, the federal definition of "Residential use" means "the use of a pesticide or device in, on, or around any structure, vehicle, article, surface or area associated with the household, including but not limited to areas such as non-commercial outbuildings, non-commercial greenhouses, pleasure boats, and recreational vehicles; or in or around any preschool or day care facility." (Reference: Code of Federal Regulations, Title 40 (CFR 40), Part 157, Section 157.21)
Aluminum phosphide product labeling strictly prohibits use on any residential property (see Question 3). The fact that the property is used to produce commodities for personal consumption (including livestock or poultry raised for personal use) doesn't change the home use designation. This guidance is based on the fact that the commodities produced in these situations are being used for personal consumption and will not enter the channels of trade.
The use of aluminum phosphide is allowed on the portion of property used for agricultural use, as long as the labeling requirements (including the 100 foot restriction), can be followed. The following situations are considered agricultural use regardless of the size of the area:
"When this product is used in athletic fields or parks, the applicator shall post a sign at entrances to the treated site containing the signal word DANGER/PELIGRO shall and crossbones, the works: DO NOT ENTER/NO ENTRE, FIELD NOT FOR USE, the name and EPA registration number of the fumigant, and a 24-hour emergency response number. Sign may be removed 2 days after the final treatment."
The entrances of the "treated site" would have to be posted. If only a portion of the park is treated then only the entrances of the treated site would have to be posted. If the treated site consists of an open area within the park, the treated site would have to be posted on each side.
Multi-family settings (sites) in home owner associations, apartment, and condo complexes are residential sites and, therefore, not allowed by the revised product labeling for this use. Applications to these sites would be in conflict with labeling and a violation of FAC section 12973.
However, if a non-residential portion of the HOA, apartment or condo complex property includes sites such as a golf course, greenbelt, park, or recreational area (non-production agricultural use) and rodent burrows are over 100 feet from any structure, the revised aluminum phosphide product labeling would allow use on these sites.
The California Code of Regulations, section 6406 must be followed.
Additionally, the Code of Federal Regulations, Title 40 (CFR 40), Part 171 entitled "Certification of Pesticide Applicators" Section 171.2 (a) (28) defines the term "under the direct supervision of" to mean:
"the act or process whereby the application of a pesticide is made by a competent person acting under the instructions and control of a certified applicator who is responsible for the actions of that person and who is available if and when needed, even though such certified applicator is not physically present at the time and place the pesticide is applied."
If you need further assistance in this matter, please contact the Enforcement Branch Liaison assigned to your county.
|Original Signature by:|
| Nan Gorder, Ph.D.
Chief, Enforcement Branch
cc: Mr. Thomas
Babb, DPR Agricultural Commissioner Liaison
1001 I Street ·
P.O. Box 4015 · Sacramento,
California 95812-4015 ·
A Department of the California Environmental Protection Agency