WSR 98-07-003

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF AGRICULTURE

[Filed March 5, 1998, 2:48 p.m.]



Subject of Possible Rule Making: Declaring all formulations of pesticides with the active ingredient of Strychnine to be "restricted use"--not for distribution to home and garden users, WAC 16-228-155 (1)(g)

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 15.58.040 (2)(h)

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Currently, pesticide products with 1.1% Strychnine and its salts are "state restricted use" (a later federal change made products with more than 0.5% active ingredient "Restricted Use"). Products with 0.5% or less Strychnine are "general use" and are available for purchase by anyone. These products are used for the control of gophers. However, there are substantial misuses of these products that result in the poisoning of dogs and cats. Making all Strychnine formulations "Restricted Use" would not limit the legal agricultural application for licensed applicators, but would stop sales to unlicensed individuals. This will limit the accessibility of this product to untrained individuals and reduce the incidences of Strychnine poisoning of pets and may also limit unintentional exposure to children in the home environment

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: Federal Environmental Protection Agency. Formulations of over 0.5% Strychnine are federally restricted. The Environmental Protection Agency will be notified of the Washington State Department of Agriculture's intentions

Process for Developing New Rule: Agency study

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Ann Wick, Washington State Department of Agriculture, Pesticide Management Division, P.O. Box 42589, Olympia, WA 98504-2589, phone (360) 902-2051, FAX (360) 902-2093

March 5, 1998

Bob Arrington

Assistant Director

Legislature Code Reviser 

Register

Washington State Code Reviser's Office