WSR 02-22-091



[ Filed November 6, 2002, 10:06 a.m. ]

Subject of Possible Rule Making: Revision of WAC 16-228-1231(2) to add pesticide products labeled only for "home and garden aquatic use for control of mosquito larvae" to the list of products that are exempt from "state restricted use" status.

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: The recent discovery of West Nile Virus (a mosquito-born disease) in Washington and the expectation that additional discoveries will occur next year, has caused a great deal of concern among Washington citizens. There are a number of mosquito control products available for the homeowner to purchase at local retail outlets, but most of these are adulticides. The preferred method of chemical control of mosquitoes is the use of larvacides. Larvacides, however, must be applied to water and, with limited exceptions, products labeled for use in water are "state restricted use," requiring a license to sell, purchase and use the product. WAC 16-228-1231(2) lists those limited exceptions. The proposal would add products labeled only for home and garden aquatic use for the control of mosquito larvae as one of these exceptions. The number of products labeled only for this use is small, primarily consisting of products containing bacillus thuringiensis (commonly referred to as Bt.). Nevertheless, it will give the homeowner an added tool to control the vector for West Nile Virus.

Process for Developing New Rule: Work with interested parties to develop specific language.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Ted Maxwell, Program Manager, Pesticide Management Division, Washington State Department of Agriculture, P.O. Box 42589, Olympia, WA 98504-2589, fax (360) 902-2093, e-mail at

November 6, 2002

Bob Arrington

Assistant Director

Washington State Code Reviser's Office