June 7 , 2011

Rick Keigwin, Director
Pesticide Re

- Evaluation Division Office of Pesticide Prog r ams U.S. Environmental Protection Agency 1200 Pennsylvania Avenue, NW (7503P) Washington, DC 20460

RE: U.S. EPA Rodenticide Regulations

Dear Mr. Keigwin:

The California League of Food Processors (CLFP) is a trade association that represents fruit, vegetable, and cheese processors with processing facilities in California. There are about 225 fruit and vegetable processing fac ilities in California and they generate about $13 billion in annual output. CLFP closely monitors issues related to the regulation of pesticides and crop protection materials, and how those regulations may affect the quality and safety of food products.

CLFP has recently been alerted to an element of EPA’s Risk Mitigation Decision for Ten Rodenticides that will be impractical to implement at processing facilities in California and could compromise food safety

. Specifically, EPA is requiring that outdoor bait stations containing second generation rodenticides must be located within 50 feet of buildings. This requirement will be problematic for two reasons.

First, tomato paste processors store large quantities of finished product outdoors in sealed con tainers
that are placed inside storage bins. The tomato paste can be stored outdoors because is shelf stable and does not require refrigeration. Until the product is shipped to customers the bins are usually stored in
stacks located within a gated outdoo r area near the processing plant s . However, the high volume of
vehicle traffic around processing facilities and the very large number of bins involved precludes storing the bins within 50 feet of buildings. Food safety inspectors expect the rodent popul ation to be under control where the bins are stacked. So, t o avoid any potential rodent infestation the tomato paste

processors have used rodenticide bait stations and also use good site management and sanitation practices

. EPA’s regulation would stop tomato paste processors from using bait stations and potential ly cause food safety compliance issues. Due to the factors sited here EPA’s requirement for that bait stations be located within 50 feet of buildings cannot be i mplemented at tomato paste processors at their finished product storage sites.

Second, most food processing plants locate their dumpsters and trash receptacles as far away from buildings as practical to reduce the potential for rodent and pest populations developing next to food facilities. Moving the dumpsters closer to the building s to meet the EPA 50

- foot limit would run counterto good sanitation and rodent management practices. CLFP assumes that EPA did not fully consider this

issue when developing the regulations , as it will be impractical and potentially unsafe to implement

. CLFP requests that EPA provide an exemption from the 50

- foot bait station limit for tomato paste processors who store finish product on

- site. EPA’s proposal is not practical and cannot be implemented by the industry due to logistical and site management considerations.

CLFP also requests that EPA provide an exemption from the 50

- foot limit for dumpsters and trash receptacles at food processin g facilities. The primary concern of all food processors is to manage their facilities in a manner that will consistently provide safe and wholesome food to consumers. EPA’s proposal is not consistent with industry practices and good sanitation. CLFP be lieves that food safety should be the primary consideration and that processing plant managers and local pest management advisors be allowed to use their best professional judgment as to where to best place rodenticide bait stations at a food facility. C LFP urges EPA to amend the regulations promptly to achieve this goal.

If you have any questions about CLFP’s request please contact me.

Regards,

Rob Neenan
Senior Vice President California League of Food Processors 1755 Creekside Oaks Drive, Suite 25 0 Sacramento, CA 95833
Phone: 916

- 640

- 8150

e

- mail: rob@clfp.com

CC: Mr. Chris Reardon, Chief Deputy Director, California Department of Pesticide Regulation Harold Stein, Crane Pest Control Erik Wilson, Olam Renee Rianda, The Morningstar Packing Company
Bob Ehn