Cattlemen's Capitol Concerns: EPA issues final rule on rodenticide use

TSCRA Daily News Update, June 6, 2008

EPA issues final rule on rodenticide use

Last week the U.S. Environmental Protection Agency (EPA) issued new rodenticide safety measures entitled, Final Risk Mitigation Decision for Ten Rodenticides. These restrictions are designed to protect children from accidental exposure to rodent-control products, and to reduce the risk of accidental poisonings of pets and wildlife.

The ten rodenticide active ingredients covered by this action can be divided into three categories:

First-generation anticoagulants: warfarin, chlorophacinone, and diphacinone.
Second-generation anticoagulants: brodifacoum, bromadiolone, difenacoum, and difethialone.
Non-anticoagulants: bromethalin, cholecalciferol, and zinc phosphide.

Cattlemen had significant concerns regarding this rule, and its possible unintended effects on agricultural uses of rodenticides. NCBA submitted comments to the proposed rule in May 2007.

In response to comments concerning the costs of tamper-resistant bait stations to protect children and pets, EPA adopted a tiered bait station system that allows for a variety of effective bait stations at a range of prices.

Provisions are also being put into place to prevent the sale and distribution of the more highly toxic products on the consumer market, while maintaining their availability for agricultural production and pest control operators. Some sales and distribution restrictions differ between consumer products, agricultural use products and professional applicators products, as well as minimum package size requirements and use site restrictions.

One of NCBA's primary concerns was that EPA might classify all second-generation rodenticides - which are lethal after a single ingestion of bait - as "restricted use." This classification would have required a pesticide applicator's license for anyone using these products, which would have significantly raised the cost of their essential use on farms and ranches.

But having found little risk of misuse of rodenticides among livestock producers, EPA determined they should not be required to obtain an applicator's license.

Livestock producers will be limited to purchasing rodenticides in bulk (eight pounds or more) from a farm store or directly from a manufacturer. These products must be labeled "For Agricultural Use Only," and must be used within 50 feet of an agricultural structure.

For most indoor use, the rule allows livestock producers to use pellets, meal, and liquids in loose form. For outdoor use – as well as any indoor use in which exposure to children, pets, or non-target animals is possible - these rodenticides must be contained in bait stations.

EPA is requiring that companies manufacturing these products notify EPA within 90 days regarding their intention to comply with the new requirements.