Preproposal statement of inquiry was filed as WSR 98-07-003.

Title of Rule: 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).

Purpose: Allow the purchase and use of Strychnine pesticide products by licensed and trained applicators only. Require recordkeeping on sales of product by dealers.

Other Identifying Information: Authority of the Washington State Department of Agriculture to declare pesticides as "Restricted Use" if the director determines that such pesticides may require rules restricting or prohibiting their distribution or use.

Statutory Authority for Adoption: RCW 15.58.040 (2)(h).

Statute Being Implemented: WAC 16-228-155 (1)(g).

Summary: Removes the federal exemption that allows 0.5% or less Strychnine pesticides to be sold, purchased and used by home and garden users/dealers. Requires dealers to keep records on all sales (as currently required for all RUPs).

Reasons Supporting Proposal: Strychnine is a highly toxic product with a Skull and Crossbones label and should not be allowed for use by untrained applicators or for home and garden uses. The Washington State Department of Agriculture has documented cases of numerous pet animal poisonings where product was purchased and used intentionally for this purpose. No records were required on sales and no action could be taken.

Name of Agency Personnel Responsible for Drafting: Ann Wick, NRB Building, Olympia, Washington, (360) 902-2051; Implementation: Ted Maxwell, NRB Building, Olympia, Washington, (360) 902-2026; and Enforcement: Cliff Weed, Ted Maxwell, NRB Building, Olympia, Washington, (360) 902-2036.

Name of Proponent: The Washington State Department of Agriculture, Washington State Veterinarians, Washington Department of Health, private and governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: Removes the exemption for 0.5% or less Strychnine pesticide products - makes all Strychnine pesticides "Restricted Use." Currently, Washington state rule states that "Strychnine products with 1.1% and above are Restricted Use." A later federal change in laws lowered the percentage to 0.5%, with all products with more than 0.5% Strychnine federally "Restricted Use."

This change will make all Strychnine products "Restricted Use," clarifying the language currently in rule (which still states 1.1%).

This change will remove Strychnine products from the home and garden market, remove the remaining Skull and Crossbones (highly toxic) pesticide from the home and garden market and limit the availability of the product to untrained applicators. It will not restrict the use of the product for legitimate agricultural uses (gopher baits).

The anticipated effect should reduce the incidents of pet animal poisonings from Strychnine and also maintain records on any purchases if needed for enforcement purposes.

Proposal Changes the Following Existing Rules: Strikes the exemption for 0.5% or less Strychnine for sale in the home and garden market.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Other methods of control are available to home and garden users; other control methods will be sold by retail outlets; and no Washington state manufacturers will be affected.

Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. The Washington State Department of Agriculture is not a listed agency in section 201.

Hearing Location: NRB Building, 1111 Washington Street, Room 259, Olympia, WA, on June 22, 1998, at 9-11 a.m.; and at the Wenatchee Public Library, Auditorium, 310 Douglas Street, Wenatchee, WA, on June 22, 1998, at 7-9 p.m.

Assistance for Persons with Disabilities: Contact Cathy Jensen by June 23, 1998, TDD (360) 902-1996, or (360) 902-1976.

Submit Written Comments to: Ann Wick, Washington State Department of Agriculture, P.O. Box 42589, Olympia, WA 98504-2589, e-mail awick@agr.wa.gov, by June 22, 1998, 5 p.m.

Date of Intended Adoption: July 7, 1998.

May 4, 1998

Bob Arrington

Assistant Director

AMENDATORY SECTION (Amending Order 2022, filed 11/30/89, effective 12/31/89)

WAC 16-228-155  Pesticides--Not for distribution to home and garden users. (1) The following pesticides are hereby declared to be restricted use pesticides in the state of Washington because of their toxicity to people and animals and shall not be distributed to home and garden users. The following pesticides shall be registered only when manufactured, labeled, delivered, distributed, sold, or held for sale for use by commercial producers and/or commercial applicators or governmental agencies experienced in the application of pesticides:

(a) DiNitro-O-Sec Butyl Phenol (DNOSBP)

(b) Endothall (20% and above)

(c) Ethion (26% and above)

(d) Guthion (16% and above)

(e) Hydrogen Cyanide (Hydrocyanic acid) (HCN)

(f) Methyl Bromide

(g) Strychnine and its salts (((Strychnine Alkaloid 1.1% and above)))

(2) Pesticide dealers shall keep records on the sale of any of the above listed pesticides. These records shall contain the date of sale, the name and amount of the pesticide sold and the name and address of the purchaser. These records shall be kept on file for a period of seven years and the director shall have access to these records upon request.

[Statutory Authority: Chapters 15.58 and 17.21 RCW. 89-24-029 (Order 2022), § 16-228-155, filed 11/30/89, effective 12/31/89; 84-09-011 (Order 1817), § 16-228-155, filed 4/10/84; Order 1538, § 16-228-155, filed 7/29/77, effective 9/1/77; Order 1470, § 16-228-155, filed 5/14/76. Formerly WAC 16-222-145.]