U.S. regulatory update

Tim McPherson, Global Regulatory Leader

Douglas Products participated in the National Pest Management Association Legislative Day again this year. We met with NPMA and customers to discuss industry events. One topic was the U.S. Environmental Protection Agency (EPA) registration review for sulfuryl fluoride. To give you an update: The EPA has indicated that the structural fumigants should be the last set of chemistries to undergo registration review. A draft risk assessment should be available sometime in 2019. A final registration decision is expected by 2021 or 2022. Under this review there should be no changes to the Vikane^® gas fumigant label or legal use of product until the process is completed.

DOT requirements

Under Department of Transportation regulations, the shipping requirements for fumigants depend upon the mode of transportation. The shipment of cylinders of Vikane gas fumigant on land has one set of requirements, while shipping over water has another set of requirements. It is important to use the proper classification for meeting DOT requirements. Contact your Douglas Products sales representative if you have questions.

Florida regulatory update

It is fundamental to our business that we understand and follow label directions. Of necessity, structural fumigation labels and labeling are both lengthy and complex to cover many situations. A high percentage of fumigators comply with label requirements and stewardship practices, so our thanks to you for your professionalism. At the same time, situations in Florida have resulted in criminal sentences. While this is unfortunate, the positive aspect is that Florida has made some important changes in regulatory oversight, including:

• Standardizing stewardship practices for all fumigant registrants with in-person training mandatory
• Making product registration in the state based in part in developing and administering an approved stewardship training program
• Establishing a Fumigation Identification Card holder to identify the trained and qualified second person as required when fumigant is introduced and when the job is taken down
• Increasing the number of inspectors from 15 to almost 60
• Establishing a clearance device registry to document calibration of devices and enforced with a stop-use order that comes into play if not enough devices are in good standing

It is important for our industry, our employees and our customers that the highest standards of professionalism be followed.

California regulatory update

Jesse Cuevas (second from right) recently was named the associate director of environmental monitoring and enforcement for the California Department of Pesticide Regulation. To gain a better understanding of structural fumigation, Cuevas took an educational tour with a Terminix International fumigation crew. Also participating were Chris Reardon (far left), executive vice president with Pest Control Operators of California, and Janet Rowley (far right), international business leader for Douglas Products.

Douglas Products has been working with Pest Control Operators of California and fumigators to help educate key officials at the California Department of Pesticide Regulation (DPR). The goal was to provide them with a real world understanding and appreciation of the benefits of structural fumigation. To do so, two officials toured fumigations, held conversations with fumigators and were told how fumigation impacts homebuyers, home sellers, real estate professionals and lenders.

In October 2017, Brian Leahy, director of the DPR, spent two days with industry members. He toured two fumigation job sites, a nine-plex bedbug job in the heart of Los Angeles and a real estate transaction. He also met with fumigators, termite companies and tenants. Key discussion points included the real need for fumigation, potential impact on business from proposed mitigation, working with gas company constraints and environmental justice issues.

In late February and early March 2018, industry representatives met with Jesse Cuevas, who was recently named associate director of environmental monitoring and enforcement at the DPR. Cuevas previously served as director of legislation and policy, where one of his important roles was serving as legislative liaison for the DPR. This educational tour also included visits to two fumigation job sites, a real estate fumigation and the fumigation of a homeowners association four-plex. Industry members are asking the DPR to fully consider the science in its determination, and Cuevas will be important in the scientific analysis.

The industry also is asking the DPR to consider the social and economic impact of the proposed mitigation, especially minority workers in the industry and minority homeowners who rely on fumigation to protect their properties.