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Aluminum and Magnesium Phosphide

BACKGROUND ON THE UPCOMING CHANGES TO FUMATOXIN® and PHOSTOXIN® LABELS
April 17, 2010

The U.S. Environmental Protection Agency (EPA) recently announced new restrictions on the use of products containing aluminum and magnesium phosphide. Outlined in detail below, the product's use will be strictly prohibited around single and multi-family housing but still permissible under certain conditions at athletic fields, parks and recreational areas, golf courses, cemeteries, airports, rights-of-way, earthen dams, and other non-residential institutional or industrial sites.

The additional restrictions were triggered by a February incident in which the alleged misapplication of Fumatoxin by a Utah applicator treating a residential property for voles claimed the lives of two young girls. EPA's announcement of the restrictions came on the same day the Utah Medical Examiner's Office reported that the girls had "elevated levels of phosphorus" in their bodies and also had "lung damage consistent with inhaling a harmful substance."

Representatives of the National Pest Management Association (NPMA) and the product manufacturer met with and communicated with EPA officials on a regular basis since late February about EPA's concern regarding the use of Fumatoxin in residential areas and prospective label language. EPA had previously proposed setting a 100-foot buffer zone for the treatment of rodent burrows when the product was being reevaluated in the late 1990s and early 2000s to ensure that the product's use met contemporary health and safety standards. NPMA was almost solely responsible for preserving the residential rodent burrow use at that time.

Below is a brief overview of the upcoming label revisions:

• Use is strictly prohibited around all residential areas, including single and multi-family residential properties, nursing homes, schools (except athletic fields, where use may continue), day care facilities, and hospitals.
  
  
• The products must only be used outdoors for control of burrowing pests, and are for use only on agricultural areas, orchards, non-crop areas (such as pasture and range land), golf courses, athletic fields, parks and recreational areas, cemeteries, airports, rights-of-way, earthen dams, and other non-residential institutional or industrial sites.
  
  
• Products must not be applied in a burrow system that is within 100 feet of a building that is or may be occupied by people or domestic animals. This buffer zone for treatment around non-residential buildings that could be occupied by people or animals has been increased from 15 feet to 100 feet.
  
  
• When this product is used in athletic fields or parks, the applicator must post a sign at entrances to the treated site containing the signal word DANGER/PELIGRO, skull and crossbones, the words: DO NOT ENTER/NO ENTRE, FIELD NOT FOR USE, the name and EPA registration number of the fumigant, and a 24-hour emergency response number. Signs may be removed two days after the final treatment.
  
  
• When this product is used out-of-doors in a site frequented by people, other than an athletic field or park, the applicator shall post a sign at the application site containing the signal word DANGER/PELIGRO, skull and crossbones, the name and EPA registration number of the fumigant, and a 24-hour emergency response number. Signs may be removed two days after the final treatment.

Fumigant management plans must be written before all applications of phosphine products, including all burrowing pest fumigations. A fumigant management plan is a written description of the steps designed to plan for a safe, legal and effective fumigation. The certified applicator and owner of the property to be fumigated must characterize the area to be treated and include all safety requirements in the plan before application.