WSR 99-07-086

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF AGRICULTURE


[ Filed March 19, 1999, 11:23 a.m. ]

Subject of Possible Rule Making: Rules relating to the use of mevinphos (Phosdrin), WAC 16-219-016.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 15.58.040 and 17.21.030.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The department has conducted a review of the above-mentioned rule under the provisions of the Governor's Executive Order 97-02 and has determined that the rules are necessary and should be retained. Past problems which caused human exposures lead to the adoption of the Phosdrin rule. Phosdrin is a highly toxic, class 1 organophosphate insecticide. In 1993, it became the only effective pesticide for the control of certain aphids on tree fruits. A risk/benefit evaluation determined that continued use of Phosdrin was an unacceptable health hazard. Chapter 16-219 WAC was adopted to prohibit the sale and use of Phosdrin in the state of Washington. The rule should not be changed or repealed to insure continued protection against possible Phosdrin exposure.

Process for Developing New Rule: A rules review was conducted in accordance with the Governor's Executive Order 97-02. Results of this review will be shared with representatives of the rule stakeholders for input.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication. The department is seeking input on its decision to retain the rule. You may comment by writing to the Washington State Department of Agriculture, Administrative Regulations Unit, P.O. Box 42560, Olympia, WA 98504-2560, or fax at (360) 902-2092, or e-mail kbromley@agr.wa.gov. Comments should be made by May 7, 1999.

For a copy of the review report, contact Laurie Mauerman, Washington State Department of Agriculture, P.O. Box 42560, Olympia, WA 98504-2560.

March 18, 1999

Bob Arrington

Assistant Director

Washington State Code Reviser's Office