June 7, 2011 

Rick Keigwin, Director

Pesticide Re-Evaluation Division

Office of Pesticide Programs

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 facilities 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 containers 

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 outdoor area near the processing plants. 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 population to be under 

control where the bins are stacked. So, to 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 potentially

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 implemented 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 buildings to meet the EPA 50-foot limit would run counter 
to 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 processing 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 believes 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. CLFP 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 250

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