Endangered Species Project
Point-of-Sale Requirements for Urban-Use Pesticides for Protection of Salmonids
On March 24, 2004, the U.S. Environmental Protection Agency (U.S. EPA) published in the Federal Register a notice to to state pesticide agencies in California, Oregon, and Washington, and also to pesticide retailers who sell pesticides in urban areas in those states through which "salmon-supporting waters" pass. The notice informs these pesticide retailers and state agencies of notification requirements imposed by a January 22, 2004, ruling of the Court for the Western District of Washington in the case of Washington Toxics Coalition, et al. (WTC) v. U.S. EPA. Retailers are made aware that they are required to make available a point-of-sale notification developed by U.S. EPA pursuant to the Court Order whenever pesticide products containing any of the following seven active ingredients are sold:
- Triclopyr BEE
According to U.S. EPA, the point-of-sale notification should incorporate the following written and graphic information:
- The heading "Salmon Hazard" in a large visible font, followed by the statement: "This product contains pesticides that may harm salmon or steelhead. Use of this product in urban areas can pollute salmon streams." Both the heading and the statement shall be highly visible to purchasers.
- A prominent graphic, PDF (54 kb) depicting salmonids.
The notifications were distributed to retailers in early April, 2004, by defendant-intervenors in the case (numerous groups representing pesticide registrants, growers, and other pesticide users). The notice also informs states that U.S. EPA has been directed to produce and provide on or before April 5, 2004, copies of the point-of-sale notifications to state pesticide agencies, state fish agencies, and land grant university extension coordinators in the urban areas and to request that they, in turn, provide this information to certified applicators whose certification would permit them to apply pesticides in urban areas.
For more information:
- Federal Register Notice informing retailers and state agencies.
- More information on EPA’s Endangered Species Protection Program.
If you have more questions about these requirements, contact:
Ariel Rios Building
1200 Pennsylvania Avenue, N.W.
Mail Code: 7507P
Washington, DC 20460
Phone: (703) 305-0392