May 16 , 2011

Steve Bradbury Office of Pesticide Programs, 750P U.S. Environmental Protection Agency 1200 Pennsylvania Ave. NW Washington, DC 20460 Dear Director Bradbury,

RE: Cancellation of rodenticide products that do not conform to the new risk mitigation measures

The Final Risk Mitigation Decision for 10 Rodenticides published by the EPA in 200 8 (hereafter referred to as EPA) require that all products sold over the counter beginning June 4, 2011 co nform to specific packaging designed to
reduce incidental harm to humans and wildlife

. 1 In that notice, the EPA made clear that rodenticide manufacturers that did not conform to the new risk mitigation measures would face A gency action to force the remov al of th o se non

compliant products from the market (EPA at 28) because they would be unlawful under FIFRA (EPA at 30)

. In anticipation of the June deadline and the knowledge of at least on e rodenticide manufacturer’s stated intention to ignore the EPA’s e xplicit directions, American Bird Conservancy and other wildlife conservation and public interest groups signing this letter urge the EPA to immediately take presumptive steps to cancel all products that do not conform to the new mandatory risk mitigation measures.

As you will recall, t he EPA decided to implement new risk mitigation procedures for ten rodenticides because of the unacceptable risks to child ren , pet s , and non

- target wildlife in 2008 . The EPA

- mandated changes to household rodenticides (mou se or rat bait products) include switching bait products to tamper

- and weather

- resistant bait stations, limiting the amount of bait sold to residential consumers, and restricting the use of second

- generation active ingredients (EPA at 17

- 19)

.

It has come to our attention that Reckitt Benckiser, Inc

. has publicly declared its intention to flout the EPA’s safety measures for its d

- Con® brand . Therefore, we request that the EPA take immediate measures to ensure Reckitt
Benckiser conform s to the new risk mitigation measures

, and to pull its product from the retail market if it fails to come swiftly into compliance

.
It is unacceptable for a major pesticide company to blatantly ignore the risk mitigation measures after the Agency has conducted years of rese arch and risk assessments, and developed a plan to which all companies were given ample time to conform. The EPA’s risk mitigation measures were developed because of human health dangers in urban communities, and in response to more than 10,000 calls to p oison control centers annually. The sale of an unregistered product after the phase

- out period presents a n imminent hazard to children, pets, and wildlife , and we strongly believe

it is grounds for suspension under FIFRA section 6(c). We feel this is an issue to which the EPA enforcement division must immediately respond with decisive action.

If EPA fails to take rapid and meaningful action to cancel products that are not in compliance with the mitigation requirements of its Risk Mit igation Decision (EPA 2008), then it would constitute a violation of FIFRA by allowing products on the market that cannot meet the safety standard of FIFRA and FQPA.

1 

### EPA. 2008. Final Risk Mitigation Decision for 10 Rodenticides. May 28, 2008, revised June 24, 2008.

Document EPA

- HQ

- OPP

- 2006

- 0955

- 0764. http://www.regulations.gov/#!documentDetail;D=EPA

- HQ

- OPP

2006

- 0955

- 0764

See website for more information http://www.epa.gov/opp00001/reregistration/rodenticides/finalriskdecision.htmLastly, we request a meeting with the Agency to discuss what actions will be taken if Rec kitt Benckiser, Inc

., continues to market products that violate FIFRA

.

Thank you in advance for your continued intere st and leadership on matters of environmental protection and public health.

Sincerely,

Michael Fry , PhD American Bird Conservancy

Nichelle Harriott Beyond Pesticides

Patty Clary
Californians for Alternatives to Toxics

Caroline Cox
Center for Environmental Health

Caroline Kennedy
Defenders of Wildlife

Chris Geiger, Ph.D. IPM Program Manager

Aimee Code, M.S.
Northwest Center for Alternatives to Pesticides

Karl Tupper
Pesticide Action Network of North America

Diana Post, VMD
Rachel Carson Council

Lynn Carroll, Ph.D. TEDX (The Endocrine Disruption Exchange)

Jeff Lincer , PhD
Wildlife Research Institute