Pesticides Section
CHROMATED COPPER ARSENATE (CCA)
USE OF THE WOOD PRESERVATIVE, CHROMATED COPPER ARSENATE (CCA), TO BE PHASED OUT
On February 12, 2002 the Environmental Protection Agency announced that the wood treatment industry will begin to phase out chromated copper arsenate (CCA) treatments of wood used in residential settings. Wood used to construct items such as play structures, decks and fencing will be affected by this decision. To find out more about the CCA phase out, please go to the following EPA web page:
CANCELLATION AND PHASE OUT OF USES
On June 8, 2000, the Environmental Protection Agency (EPA) announced that many of the currently labeled uses of the insecticide, chlorpyrifos, will be cancelled and/or phased out. All home uses (except ant and roach baits in child-resistant packaging) and many other indoor and outdoor non-residential uses are being eliminated. The EPA has taken this action to reduce human exposure (especially children) to this pesticide.
To learn more about the cancellation of chlorpyrifos uses, please go to the EPA web site, http://www.epa.gov/pesticides/. There you will find a link to several EPA documents that further explain why the EPA has taken this action and how it will effect the use of chlorpyrifos in the future. For those selling chlorpyrifos products, it is especially important to remember that retail sale of chlorpyrifos products that have residential and/or other cancelled uses will be unlawful after December 31, 2001. Any unsold products that are labeled for use on cancelled sites must then be removed from store shelves. For more information on the retail sales of chlorpyrifos products, please see the EPA web site, http://www.epa.gov/oppfead1/cb/csb_page/updates/noticedursb.htm. Customers (end users) who have "old" product on hand can use it according to label directions until their supply is exhausted. The North Carolina Department of Agriculture and Consumer Services does offer a disposal service to handle small quantities of cancelled pesticides. If needed, please contact the Department's Pesticide Waste Disposal Program at 919-715-9023 or 919-733-7366 to see if you qualify for assistance.
As part of their compliance monitoring activities, North Carolina Pesticide Inspectors will conduct random inspections of retail, wholesale and producer establishments to ensure compliance with the terms of the cancellation order.
Please note that virtually all agricultural uses of chlorpyrifos are being retained. At this time, only applications to tomatoes and post-bloom applications to apple trees are being cancelled. Applications to the trunks of apple trees are still allowed.
Please see the following table for more detailed information regarding the labeling and use of chlorpyrifos products.
CHLORPYRIFOS CANCELLATION AND PHASE OUT OF USES |
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December 31, 2000 |
(a) After this date, virtually all post-bloom application to apple trees will not be lawful even if the applicator has an "old" label that allows such use. The only exception is application to tree trunks which can continue if allowed by the label on the product in hand. |
(b) After this date, application to tomatoes will not be lawful even if the applicator has an "old" product with that use on the label. |
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All other uses of "old" agricultural products can continue until stocks are exhausted as long as the product is used according to the existing label on the product. According to the EPA, most agricultural uses are being retained. As of now, the agricultural uses mentioned in items (a) and (b) are the only ones known to be discontinued. |
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February 1, 2001 |
(c) After this date, distribution or sale* by registrants of any emulsifiable concentrate (EC) formulation will not be lawful unless the product is labeled as RESTRICTED USE. This applies to all products regardless of their labeled uses or the size of the packaging. |
(d) After this date, distribution or sale* by registrants of any other formulation (non-EC) of an agricultural use product will not be lawful unless the product is either labeled as RESTRICTED USE or packaged in large containers. To qualify for non-restricted use status, containers must be no smaller than: 15 gallons for liquid products, 50 pounds for granular products, or 25 pounds for all other dry formulations. |
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(e) After this date, distribution or sale* by registrants of any non-agricultural product [other than containerized baits in child-resistant packaging (CRP)] will not be lawful unless the product is either labeled as RESTRICTED USE or packaged in large containers. To qualify for non-restricted use status, containers must be no smaller than: 15 gallons for liquid products or 25 pounds for dry formulations (granular or other dry formulation). |
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(f) After this date, distribution or sale* by registrants of products labeled for termite control will not be lawful unless the directions for use limits the dilution rate to a maximum of 0.5% active ingredient. |
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(g) After this date, distribution or sale* by registrants of virtually all products labeled for post-construction termite control will not be lawful. The only exception is for products labeled for spot and local termite treatments. However, labels allowing spot and local treatments must also state that the product must not be used in this manner after December 31, 2002. |
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February 1, 2001 |
(h) After this date, distribution or sale* by registrants of virtually all products labeled for indoor residential applications will not be lawful. The only exception is for containerized bait products sold in CRP. |
(i) After this date, distribution or sale* of products by registrants that are labeled for indoor non-residential applications will be limited. Only containerized baits in CRP and EC formulations will be allowed. In addition, the labeling can only allow application to one or more of the following sites: warehouses, ship holds, railroad boxcars, industrial plants, manufacturing plants, food processing plants, or processed wood products treated during the manufacturing process at the manufacturing site or mill. |
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(j) After this date, distribution or sale* of products by registrants that are labeled for outdoor residential applications will be limited. Only products labeled solely for fire ant mound treatments by licensed applicators or mosquito control by public health agencies will be allowed. |
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(k) After this date, distribution or sale* of products by registrants labeled for outdoor non-residential, non-agricultural applications will be limited. Products labeled for application to golf courses, road medians and industrial plant sites will be allowed as long as the maximum label application rate for these sites does not exceed 1 pound active ingredient per acre. Mosquito control by public health agencies and individual fire ant mound treatments by licensed applicators is also allowable. Other treatment sites are limited to fence posts, utility poles, railroad ties, landscape timbers, logs, pallets, wooden containers, poles, posts, processed wood products, manhole covers and underground utility cable and conduits. |
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December 31, 2001 |
(l) After this date, the retail sale of existing stocks of products that are not labeled as described in (c) through (k) above will not be lawful. |
December 31, 2005 |
(m) After this date, the distribution, sale or use of any product bearing directions for pre-construction termiticide applications will not be lawful unless, prior to that date, the EPA issues a written statement allowing that use to continue. |
Except for those uses identified in items (a), (b) and (m) above, the EPA intends to permit the use of existing stocks of "old" products until such stocks are exhausted. As always, the application of the product must be in accordance with the existing label on the product. |
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* Sales by registrants (either base registrants or sub-registrants) of "old" product directly to the end user can continue until December 31, 2001. The EPA views these sales the same way they view sales by retailers to the end user. All other sales by registrants of products with the cancelled uses are to stop by February 1, 2001. |
The information given in this table has been taken from various EPA sources and compiled by the NCDA&CS Pesticide Section. Questions regarding this table can be directed to the NCDA&CS Pesticide Section at 919-733-3556. Additional chlorpyrifos information can be found on the EPA's web site at www.epa.gov/pesticides. |
CANCELLATION AND PHASE OUT OF USES INTRODUCTION Registrations for products labeled for all indoor uses (except mushroom houses) and some agricultural uses are now in the process of begin cancelled or amended (uses removed from label). Not all products have made it through this process and it could take several more months to complete. Therefore, the exact date that any one product registration may be cancelled or amended will depend on when the cancellation or amendment request is submitted to, and finalized by, the EPA. During this process, various diazinon products labeled for use on the cancelled sites will continue to be available for sale and purchase. INDOOR USES Indoor uses being cancelled include sites such as food/feed handling establishments, greenhouses, schools, residences, museums, sports facilities, stores, warehouses, hospitals, vehicles, vessels, aircraft or any other enclosed area. This action will also cancel diazinon applications to any contents inside these enclosed areas. Diazinon use in pet collars is also being cancelled. Products with these uses are still available and can still be sold. However, supplies of diazinon products labeled for the above uses will decrease as more and more manufacturers cancel products or have the uses removed from their labels. It is important to note however, that by December 31, 2002, retailers must stop selling any diazinon product labeled for any use listed above. Also, keep in mind that there is no EPA mandated program requiring that manufacturers buy back any remaining stocks. Retailers should purchase only what they think they can sell by December 31, 2002. AGRICULTURAL USES Agricultural uses being cancelled include: alfalfa, bananas, bermuda grass, beans (dried), celery, red chicory (radicchio), citrus, clover, coffee, cotton, cowpeas, cucumbers, dandelions, kiwi, lespedeza, parsley, parsnips, pastures, peppers, Irish potatoes, sheep, sorghum, squash (winter & summer), sweet potatoes, rangeland, Swiss chard, tobacco and turnips. All other agricultural uses are being retained. Products with these uses are still available and can still be sold. However, supplies of diazinon products labeled for the above uses will decrease as more and more manufacturers cancel products or have the uses removed from their labels. Unlike the retail sale of products labeled for indoor uses, the retail sale of products labeled for the agricultural uses listed above can continue until stocks are depleted. There is no stop sale deadline for retail sales of products labeled for these cancelled uses. OUTDOOR RESIDENTIAL AND OUTDOOR NON-AGRICULTURAL USES All outdoor residential uses (such as home lawn & garden) and outdoor non-agricultural uses (such as applications around businesses) are being phased out over the next few years. This phase out is to follow the following time line.
PRODUCTS IN THE POSSESSION OF THE END USER Products labeled for any of the uses being cancelled (indoor, agricultural, outdoor residential and/or outdoor non-agricultural) already in the hands of the end user can continue to be used according to the existing label until the product is depleted. |