WSR 09-12-032

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF AGRICULTURE


[ Filed May 27, 2009, 9:19 a.m. ]

Subject of Possible Rule Making: The following rule related to the application of vertebrate control pesticides, WAC 16-228-1380.

Statutes Authorizing the Agency to Adopt Rules on this Subject: Chapters 15.58 and 17.21 RCW.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Since the adoption of the current rule, the Environmental Protection Agency (EPA) has significantly changed the distribution and use requirements for rodenticides. The pest control industry has also changed their practices due to new pests and EPA requirements. The current vertebrate control pesticide rule does not adequately address these changes.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: EPA is the federal agency regulating the production, distribution and labeling of vertebrate control pesticides. The Washington state department of agriculture (WSDA) is the state lead agency for pesticides. WSDA will review these changes with EPA prior to adoption.

Process for Developing New Rule: WSDA will develop an advisory committee from key stakeholders. WSDA will work with these stakeholders to discuss the pros and cons associated with possible changes to these rules. At the conclusion of the stakeholder meetings, WSDA will make a final decision to proceed or not proceed further in the rule-making process.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication. Send written comments to Laurie Mauerman, Washington State Department of Agriculture, P.O. Box 42560, Olympia, WA 98504-2560, fax (360) 902-2093, e-mail lmauerman@agr.wa.gov.

May 27, 2009

Bob Arrington

Assistant Director

Washington State Code Reviser's Office