From: Putsavage, Telisport W. 

Sent: Thursday, March 25, 2010 6:40 PM

To: 'parsons.laura@epa.gov'

Subject: Rodenticides: "Released for Shipment"

Ms. Parsons, 

 

 Thank you for taking time today to speak with me regarding the implementation of the 

Rodenticide Risk Decision. As part of your consideration and consultation with Scott 

Garrison, I thought I would pass along the following points. 

 

 The critical text of the Decision with respect to my inquiry appears at Section VII A, 

Timeline for Compliance: 

 

 3. Last Day for “Release for Shipment” of Product Not Complying with Risk 

Mitigation Decision (Deadline: June 4, 2011; 3 years from issuance of decision) 

 

 Pursuant to the terms of the voluntary cancellations, June 4, 2011 would be the last day 

for registrants to “release for shipment” (sell or distribute) rodenticide products not 

complying with the Risk Mitigation Decision. This limitation would apply to those 

registered both on and after the publication of the Federal Register announcing 

availability 

of the decision (June 4, 2008). Rodenticide products that do not comply with this Risk 

Mitigation Decision that a registrant releases for shipment after June 4, 2011, would 

be considered misbranded. [Italics added] 

 

The EPA definition of released for shipment reads as follows: 

 

"Released for shipment . A product becomes released for shipment when the producer 

has packaged and labeled it in the manner in which it will be distributed or sold, or has 

stored it in an area where finished products are ordinarily held for shipment. Products 

stored in an area where finished products are ordinarily held for shipment, but which are 

not intended to be released for shipment must be physically separated and marked as not 

yet released for shipment. Once a product becomes released for shipment, the product 

remains in the condition of being released for shipment unless subsequent activities, such 

as relabeling or repackaging, constitute production." 40 CFR 152.3 

 

 As you see releasing a product for shipment means that production has been 

completed, but does mean that the product be sold or distributed; in fact, absent any 

express requirement to the contrary, a product released for shipment may be held 

indefinitely. With particular regard to rodenticide products for which required 

amendments were submitted by December 4, 2009, the determination of whether the 

rodenticide risk mitigation measures require non-conforming product not to be released 

for shipment after June 4, 2011, or no longer be sold after that date, is a critical 

distinction. I would contend that notwithstanding the parenthetical reference to "sell or 

distribute," the use of the defined term "released for shipment" three times in the critical 
paragraph is evidence that the Agency has already determined that the critical date is a 

"released for shipment" date, and not a "sell or distribute" date. 

 I look forward to hearing back from you on this matter. Thank you again for looking 

into it. 

 

Telisport Putsavage 

 

Telisport W. Putsavage 

Partner 

Carter, Ledyard & Milburn LLP 

701 8th Street NW, Suite 410 

Washington DC 20001 

V 202.623.5704 

F 202.898.1521 

M 202.466.3700 

putsavage@clm.com

www.clm.com

 

 

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