PROPOSED RULES
Original Notice.
Preproposal statement of inquiry was filed as WSR 02-22-090.
Title of Rule: Rules related to the use of pesticides containing the active ingredient thiamethoxam when applied to pome fruits.
Purpose: The proposed rules are intended to provide enhanced protection for honeybees when used to pollinate pome fruits which have been treated with products containing the active ingredient thiamethoxam.
Statutory Authority for Adoption: RCW 15.58.040, 17.21.030 and chapter 34.05 RCW.
Statute Being Implemented: Chapters 15.58 and 17.21 RCW.
Summary: During 2002, Washington State Department of Agriculture (WSDA) investigated eleven reports of honeybee kills that appear to be related to the use of products containing the active ingredient thiamethoxam in pome fruits. Honeybees are essential for the pollination of pome fruits and need enhanced protection. The registrant for products containing the active ingredient thiamethoxam has submitted label changes to the Environmental Protection Agency (EPA), which will provide enhanced protection of honey bees. The label changes are likely to be approved by EPA and the changes should appear on products containing the active ingredient thiamethoxam distributed in 2003. The proposed rule is intended to accomplish two primary purposes. One would be to address existing supplies of products containing the active ingredient thiamethoxam, which would not have the new label language. The second purpose would be to ensure there are rules in place if supplies of products containing the active ingredient thiamethoxam with the new label language are not available in time for the use season (early spring). The new rules will be identical in content to the newly proposed label language, which the registrant of products containing the active ingredient thiamethoxam has sent to EPA for approval. NOTE: WSDA is not currently considering any restrictions which would prohibit the use of products containing the active ingredient thiamethoxam, rather restrictions are being proposed which will allow the use of products containing the active ingredient thiamethoxam while at the same time provide enhanced protection for pollinators.
Reasons Supporting Proposal: Honeybees are essential for the pollination of pome fruits and need enhanced protection when products containing the active ingredient thiamethoxam are used to treat pome fruits. Products containing the active ingredient thiamethoxam are highly toxic to honeybees and have an extended residual hazard.
Name of Agency Personnel Responsible for Drafting: Erik Johansen, 1111 Washington Street, Olympia, WA, (360) 902-2078; Implementation and Enforcement: Cliff Weed, 1111 Washington Street, Olympia, WA, (360) 902-2036.
Name of Proponent: Washington State Department of Agriculture, Pesticide Management Division, governmental.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects:
| • | Makes pesticides containing the active ingredient thiamethoxam restricted use pesticides when labeled for use on pome fruits, including apples and pears. |
| • | Establishes specific stages of bloom development when products containing the active ingredient thiamethoxam can legally be applied to apples and pears. |
| • | Prohibits the application of products containing the active ingredient thiamethoxam directly to blooming plants or allowing products containing the active ingredient thiamethoxam to drift onto blooming plants. |
| • | After an application of products containing the active ingredient thiamethoxam, a waiting period of at least five days must take place before placing the beehives in the treated orchard. |
| • | Requires that any blooming plants or weeds be removed prior to the application of products containing the active ingredient thiamethoxam. Mowing, disking, mulching, flailing or applying a labeled herbicide may accomplish this. |
The proposed rules are intended to provide enhanced protection for honeybees when used to pollinate pome fruits that have been treated with products containing the active ingredient thiamethoxam.
Proposal Changes the Following Existing Rules: The proposed rule is intended to accomplish two primary purposes. One would be to address existing supplies of products containing the active ingredient thiamethoxam, which would not have the new label language. The second purpose would be to ensure there are rules in place if supplies of products containing the active ingredient thiamethoxam with the new label language are not available in time for the use season (early spring). The new rules will be identical in content to the newly proposed label language, which the registrant of products containing the active ingredient thiamethoxam has sent to EPA for approval.
No small business economic impact statement has been prepared under chapter 19.85 RCW. The registrant of products containing the active ingredient thiamethoxam has submitted label changes to the EPA that will provide enhanced protection of honeybees. The label changes are likely to be approved by EPA and should appear on products containing the active ingredient thiamethoxam that are distributed in 2003. RCW 19.85.030 requires that a state agency must prepare a small business economic impact statement (SBEIS) if a proposed rule will impose a "more than minor cost" on the businesses in the regulated industry. WSDA has determined that the proposed rules will not impose a "more than minor cost" on regulated businesses because the proposed new WSDA rules will be identical in content to the newly proposed registrant label language, which the registrant has sent to EPA for approval. Because the proposed WSDA rules will be identical to the newly labeled products containing the active ingredient thiamethoxam the cost impact to the users of products containing the active ingredient thiamethoxam is not "more than minor" and an SBEIS is not required.
RCW 34.05.328 does not apply to this rule adoption. The Washington State Department of Agriculture is not a listed agency in RCW 34.05(a)(i) [34.05.328 (5)(a)(i)].
Hearing Location: Washington State Department of Agriculture Office, Second Floor Conference Room, 21 North First Avenue, Yakima, WA 98902, on February 4, 2003, at 6:00 p.m.
Assistance for Persons with Disabilities: Contact Laurie Mauerman by January 27, 2003, TDD (360) 902-1996.
Submit Written Comments to: Laurie Mauerman, Washington State Department of Agriculture, P.O. Box 42560, Olympia, WA 98504, fax (360) 902-2093, e-mail lmauerman@agr.wa.gov, by 5:00 p.m., February 5, 2003.
Date of Intended Adoption: February 11, 2003.
January 2, 2003
Bob Arrington
Assistant Director
OTS-6135.1
NEW SECTION
WAC 16-228-1262
When are pesticides containing the
active ingredient thiamethoxam restricted use pesticides?
Pesticides containing the active ingredient thiamethoxam are
declared to be restricted use pesticides when labeled for use
on pome fruits, including apples and pears.
[]
[]
(1) For product labeled for use on apples, apply thiamethoxam prior to prebloom (prepink or tight cluster growth stage) or after post bloom (petal fall). Do not apply thiamethoxam between prebloom and petal fall.
(2) For pears, apply thiamethoxam prior to prebloom (green cluster or cluster bud stage) or after post bloom (petal fall). Do not apply thiamethoxam between prebloom and petal fall.
(3) Do not apply thiamethoxam to blooming plants or allow it to drift onto blooming plants. This is especially critical if there are adjacent orchards that are blooming. (Refer to recommendations to avoid spray drift on the product label for additional information.)
(4) After an application of thiamethoxam, wait at least five days before placing the beehives in the treated orchard.
(5) If bees are foraging in the orchard ground cover and it contains any blooming plants or weeds, always remove flowers before making an application of thiamethoxam. This may be accomplished by mowing, disking, mulching, flailing or applying a labeled herbicide.
[]