The U.S. Environmental Protection Agency announced last week that it denied the New York City Department of Health and Mental Hygiene’s petition to reclassify pesticide total release foggers as restricted-use products. What this means is that thousands of consumers can continue using these products. Had the EPA agreed with the City, consumers would be faced with having to hire professional exterminators ($3 for a fogger purchased in a store versus $100 for a professional applicator, according to the EPA’s response).
But the issue is not just about cost. Thousands of consumers use foggers to control insect infestations in homes that can lead to health problems. These products provide important public health benefits.
So why did the City want these products out of the hands of consumers? According to their petition dated March 12, 2009, the City summarized the findings from its pesticide surveillance efforts regarding human exposure that “make clear why insecticidal foggers should be restricted to professional use” and why such a decision would provide a “significant immediate and long-term benefit for the health and safety of the public.”
But the EPA disagreed and stated that “the weight of evidence does not show that the products, when applied in accordance with their directions for use…may generally cause, without additional regulatory restrictions, unreasonable adverse effects on the environment.” Data on adverse incidents reported did not support removing the products from the hands of consumers.
And, our data revealed that more than six million foggers sold throughout the state from 2005 through 2008 were used safely by consumers. Less than 0.01 percent reported any adverse effects from using the products. Similar to the finding in a report by the Centers for Disease Control published in fall of 2008, our data on adverse effects shows they were often associated with improper use.
The current regulatory requirements for these products under the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA)* assures that the most meaningful information for consumers is included on the product label, including instruction on proper use, storage and disposal.
Meanwhile, the EPA is recommending to manufacturers of these pesticide products that some changes should be made to the product labels to help better inform consumers about proper product use. Our industry is working with the EPA on this matter and is willing to make reasonable changes to our product labels that will further encourage proper product use.
We believe it is in the best interest of consumers to have these products readily available in order to help control insect infestations that could harm families.
*FIFRA provides the basis for regulation, sale, distribution and use of pesticides in the U.S and authorizes the U.S. Environmental Protection Agency to review and register pesticides for the specified use for which a registrant applies. Before registering a new pesticide or new use for a registered pesticide, EPA must first ensure that the pesticide, when used according to label directions, can be used without posing unreasonable risk to human health and the environment. To make such determinations, EPA requires extensive scientific studies and tests from applicants. When EPA registers a pesticide, it approves the product’s label, which includes (among other things) directions for use, hazard warnings, and precautions. It is a violation of FIFRA for any person to use a pesticide in a manner inconsistent with its EPA-approved labeling.
Beth Law, Assistant General Counsel and Vice President for International Affairs
Nice post! Thank you