Please submit response to:

Derrick Lastinger

, Program Director

Structural Pest Section

Georgia Department of Agriculture

19 Martin Luther King, Jr. Drive SW

Atlanta, GA 30334

- 4201

January 2 7 , 2012

Richard Keigwin, Director

Pesticide Re

- Evaluation Div ision Office of Pesticide Programs

US EPA Headquarters Ariel Rios Building 1200 Pennsylvania Avenue, N. W.

Mail Code: 7508P Washington, DC 20460

Dear Mr. Keigwin,

We write today on behalf of the Association of Structural Pest Control Regulatory Offi cials (ASPCRO) to confirm our understanding regarding revisions to the label language for professional and agricultural rodenticide labels and clarify the upcoming revisions to rodenticide labels and to more clearly define the term “man

- made structure.”

T hroughout the last several months ASPCRO and US EPA staff have discussed problems with the language on

current rodenticide labels that read s : “Do not apply further than 50 feet from buildings.” As we’ve mentioned previously, many sites where rodent contro l is essential do not contain a ‘building’, as traditionally defined, close to the area of treatment or contain any building at all.

While ASPCRO members appreciate EPA’s commitment to the protection of secondary and non

- target wildlife and

the definiti veness and enforceability of a specific distance as opposed to the ambiguous phrase “in and around,” we believe the label must provide additional flexibility to certified applicators and persons working under their direct supervision, so effective rodent m anagement strategies can continue to be utilized. To that end, extending the distance to 100 feet and replacing the term “building” with “man

- made structure” still adequately safeguards the ecosystem while also allowing for uses of rodenticides that are necessary to protect food, property and public health from destructive and potentially dangerous rodent infestations.

While ASPCRO firmly believes the term “man

- made structure” is a better alternative to the more inflexible “building,” we also think it is vital to provide guidance to the regulatory community

– especially state lead agencies

- as well industry stakeholders. Per our discussions, we understand these products can only be used to control Norway rats, r oof rats, and house mice in and within 1 00 feet of man

- made structures constructed in a manner so as to be vulnerable to commensal rodent invasions and/or to harboring or attracting rodent infestations. Examples of such structures include homes and other permanent or temporary residences, food p lants, industrial and commercial buildings, dumpsters and permanent trash receptacles, agricultural and public buildings, transport vehicles (ships, trains, aircraft), docks and port of terminal buildings and related structures around and associated

with t hese sites.

The term “man

- made structures” specifically excludes a fence line of any material, meaning that it would be a label violation to place rodenticide next to such objects, if they are not within 100 feet of a “man

- made structure.”To address th e use restrictions in outdoor, non

- crop areas including areas more than 100 feet from man

- made

structures, first generation anticoagulants and non

- anticoagulant product s may be applied to rodent burrows to
control Norway rats, roof rats and house mice

, pro vided that infestat ions of the commensal rodents ( Norway rat, roof rat or house mice) have been confirmed

. Bait must be placed deeply in active Norway/roof rat burrows using only loose pellets or meal formulation. Because commensal rodent infestations may occur in areas farther than 100

feet from man

- made structures when the rodents have ample supplies of food and cover, efforts should be made to

remove conducive food

, trash, garbage, clutter, and debris.

ASPCRO believes the description s above accurat ely reflect our discussions and the intent of the upcoming revision

to the rodenticide labels. We have attached an Appendix which summarizes our understanding of the pending label

revisions. We respectfully request feedback on this matter in order to co nfirm ASPCRO’s assumption.

ASPCRO feels another key component to the success and implementation of the risk mitigation measures is support

of product stewardship efforts. Agricultural, industrial, institutional, and urban stakeholders with a need for

ad equate rodent manag e ment will require access to educational support about effective rodent management. We feel a cooperative effort by ASPCRO Rodenticide Committee

, US EPA and key industry stakeholders in this process will provide a means for supporting d evelopment of the necessary components including best management practices, outreach materials, and resources.

In closing, ASPCRO extends its deepest appreciation to you, Neil, Rusty, John, and Laura for working with ASPCRO

over the last several months on this very important issue. As always, we appreciate your time and attention, and support of state lead agencies.

Sincerely,

Derrick Lastinger

President, ASPCRO

Program Director, Georgia Department of Agriculture

Vice

- P resident, ASPCRO

Co

- Chair, ASPCRO Rodenticide Committee

Program Manager, Colorado Department of Agriculture

Bonnie M. Rabe

Co

- Chair, ASPCRO Rodenticide Committee Division Director, New Mexico Department of Agriculture

cc: Chuck Andrews, AAPCO President ; Steve Dwinell SFIREG Chair; Bob Rosenberg, NPMA

### ASPCRO Letter to EPA
Rodenticide Labels

Appendix A

 On all professional and agricultural labels

This product can only be used to control Norway rats, Roof rats, and house mice in and within 100

fee t of man

- made structures constructed in a manner so as to be vulnerable to commensal rodent invasions and/or to harboring or attracting rodent infestations. Examples of such structures include homes and other permanent or temporary residences, food plants, industrial and commercial buildings, dumpsters and permanent trash receptacles, agricultural and public buildings, transport vehicles (ships, trains, aircraft), docks and port of terminal buildings and

related structures around and associated with these s ites.

 On all first

- generation anticoagulants and non

- anticoagulants professio nal and agricultural labels

This product may be applied to rodent burrows to control Norway rats, roof rats and house mice, provided that infestations of the commensal rodents (Norway rat, roof rat or house mice) have been confirmed. Bait must be placed 6 inches or more in active Norway/roof rat burrows using only loose pellets or meal formulation. Because commensal rodent infestations may occur in

areas farther than 100 fee t from buildings and man

- made structures when the rodents have ample supplies of food and cover, efforts should be made to remove conducive food trash, garbage, clutter, and debris