The EPA’s Proposed Interim Decisions for Rodenticides: What They Are & What They Would Mean

The US Environmental Protection Agency (EPA) reviews each registered pesticide every 15 years to ensure that a pesticide can carry out its intended function(s) without creating unreasonable adverse effects to human health and the environment. On November 29, 2022, the EPA publish a Federal Register notice announcing the availability of the proposed registration review decision regarding rodenticides and providing the public with a comment period of 75 days.

The November 2022 Proposed Interim Decisions (PIDs) present significant changes to rodenticides. The comment period closed February 13, 2023. Neogen® and other industry leaders, the Rodenticide Task Force, trade associations, non-profit organizations, grower groups, and individuals submitted comments. After consideration of public comments, the EPA will publish an Interim Decision for each rodenticide or group of rodenticides, which finalizes any risk mitigation measures they decide to require. The EPA has not indicated when those Interim Decisions will be published.

The Rodenticide PIDs cover First Generation Anticoagulants (FGARs) - Diphacinone, Chlorophacinone, and Warfarin; Second Generation Anticoagulants (SGARs) - Brodifacoum, Bromadiolone, Difenacoum, and Difethialone; and acute actives - Bromethalin and Cholecalciferol, and Zinc Phosphide. The EPA identified a number of changes to rodenticides, including product and use cancelation, additional PPE requirements, carcass removal, and reclassifying some products as restricted use pesticides (RUP). The use of RUPs requires certification and licensing in accordance with EPA regulations and state, territorial and tribal laws. Pesticide applicators must know how to apply RUPs properly and effectively. An applicator must be certified in each state, territory, and Native American Reservation where he/she distributes, sells, or applies the restricted use pesticide. If implemented, these PIDs would have a considerable impact on retailers, local distributors, professional pest applicators, and consumers who sell or use these products to control rodents and protect people, property, and public health.

Major Proposed Changes:

• All commercial/professional structural FGAR, SGAR, Bromethalin, Cholecalciferol, and Zinc

Phosphide rodenticides sold in packages 4lbs or greater would be classified as RUPs.

• Cancellation of General Use Pesticides (GUP) products for control of field pests within 100 feet of structures.

• Cancellation of reusable consumer bait stations (1lb or less) and refills. The only products available as general use would be ready-to-use disposable bait stations.

• The Personal Protective Equipment (PPE) requirements for gloves for all products would be changed from waterproof gloves to chemicalresistant gloves with a thickness of greater than or equal to 14 mils (thicker than the current standard).

• APF10 (half-face elastomeric respirators), along with any fit testing, training, and medical evaluations would be required for application of meal baits, tracking powders, grain meals, and waxy/paraffinized or non-paraffinized pellets.

Additional Application Method Changes:

• Cancellation of in-crop (orchards, groves, vineyards, and alfalfa) applications of Diphacinone and Chlorophacinone products.

• Cancellation of spot/scatter and broadcast applications to rangeland, pastureland, and fallow land.

• Cancellation of surface applications of FGARs and Zinc Phosphide on turf, lawns, recreation areas, and other recreation areas.

• Mandatory or advisory statements regarding post application follow up including carcass searches and reporting requirements.

These proposed changes would have a considerable impact on retailers, local distributors, professional pest applicators, and consumers who sell or use these products to control rodents. The consequences would range from additional direct costs for training, certifications, and unnecessary PPE and indirect cost to consumer products and supply chains, as well as reduced protection of food safety, property, and public health. Furthermore, it will decrease treatment efficacy in locations where RUP usage is limited and reduce access to the benefits of rodenticides, which will disproportionately affect communities based on geography and socioeconomic factors.

Impacts of these proposed modifications could lead to farm and tractor supply stores no longer offering rodenticides. Specific certifications are required for retails stores to sell RUP products. These requirements vary by each state, territory, and Native American Reservation. It would be very difficult for national retailers to meet these specific requirements of additional costs, time, record keeping, and retain added personnel. Having a dedicated staff member with an RUP dealer's license is not always feasible and could mean that these stores would choose to no longer carry rodenticides.

Another impact would be significant property damage and public health and safety hazards for people, children, and pets. The proposed cancellation of general use loose bait formulations for rodents eliminates the ability for consumers to control pests like moles, voles, and ground squirrels in lawns, gardens, parks, and landscaping. These rodent species often carry fleas and ticks and are reservoirs for bacterial and parasitic diseases. Increases in rodent populations leads to the spread of diseases. In addition to these public health concerns, their burrowing poses a safety hazard for children and pets.

Rodenticide products currently available to farm and tractor store customers include general use pesticides