QUESTION:

My question pertains to a new law. With an unfortunate situation with the death of two children a new law has been passed about the use of bait stations around any location not considered real property. It states that the law pertains to new bait that is bought after the date the law was enforced. Does this mean that I can still use the bait I currently have in locations such as softball fields, open range, or even fencelines? I would appreciate it if you could clarify! The bait I am using is to control the Vole population!

ANSWER:

I think you may be combining two different issues here, so let me work in that direction. The terrible and avoidable deaths of the two children I assume pertains to the little girls in Utah who were killed by phosphine vapors from an extraordinary mis-use of aluminum phosphide pellets around their home. The immediate result of this incident was that aluminum phosphide had new guidelines imposed on its use. These include extending the distance from structures from 15 feet to 100 feet, prohibiting its use around residential structures, hospitals, schools, nursing homes, and day care centers. It can still be used on school athletic fields but specific posting requirements now are in effect and the company that uses aluminum phosphide for any reason must have its own written Fumigation Management Plan in place.

Second, in June of this year (2011) new Rodenticide Mitigation Decision regulations took effect with respect to the use of rodent baits. One of these new regulations is with respect to the minimum size of the product you can purchase. For "second generation" anticoagulants like bromodialone and brodifacoum the minimum size you can buy will be 16 pounds, and for first generation and acutes like diphacinone the minimum size is 4 pounds. As suppliers we can phase out old stock as it is labeled. As the END USER you can continue to use old stock as it is labeled, but new material coming from all manufacturers of rodenticides, as of June 4, 2011, will have new wording on the product labels, and you are required to adhere to the instructions on the package that you have in your possession.

The new label statements for rodenticides will include these. Labels for rodent baits labeled for peridomestic rats and mice will state "ONLY for Norway Rat, Roof Rat, and House Mouse". They will state on the label that the minimum package size must be sold. For outdoor use you cannot place the bait more than 50 feet away from a building and the bait must be used within a tamper-resistant station or directly within a burrow.

So to answer your question you may use rodent bait in your possession AS it is labeled, and if that bait is labeled for use in open fields or along fence lines then that is how you are legally allowed to use it. You may still be able to purchase some older stock from suppliers that still has this older labeling on the package, and that is how it can be used. However, as of June 4 only NEW label product can leave the manufacturers' warehouses, and in a short time this will be the only product available from vendors. I strongly encourage our industry not to try sneaking new product into old boxes and using it by old label uses. This is only a good way to get us all in trouble, so better to toe the line and accept that things will always change in our industry.

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