Carbon Monoxide for Burrowing Rodent Control
A new law allowing the use of carbon monoxide devices for control of burrowing rodents, a use previously prohibited, became effective January 1, 2012. This new law adopted Food and Agricultural Code (FAC) section 6025.4.
The new law states that carbon monoxide may be used for the control of burrowing rodent pests, provided the carbon monoxide delivery device is permanently affixed with a warning label in plain view of the operator that includes, at a minimum, the statement “DANGER: Carbon monoxide is a poisonous gas that is odorless and colorless. Exposure to carbon monoxide can kill within minutes. Never use in structures inhabited by humans or livestock. The device must be used in accordance with all existing laws and regulations including Chapter 1.5 (commencing with Section 2050) of Division 3, known as the California Endangered Species Act, and Sections 4002 and 4003 of the Fish and Game Code.”
In addition, this use of carbon monoxide is subject to the requirements of Division 6 (commencing with FAC section 11401) and Division 7 (commencing with FAC section 12500). Applicable laws and regulations include: FAC sections 11701 through 11701.5 and 11732; and Title 3 California Code of Regulations (3CCR) section 6600. For Branch 2 structural pest control, Business and Professions Code (B&P Code) section 8550 and subsequent sections would apply. To review the new law, see www.cdpr.ca.gov/docs/legbills/enacted.htm
This new law becomes inoperative on January 1, 2018, and repealed, unless a later enacted statute becomes operative on or before January 1, 2018, to delete or extend the date.
The placement of the law into this portion of the FAC, entitled “Vertebrate Pest Control and Research” (which is the purview of the Department of Food and Agriculture), provided for some uncertainties on whether pesticide regulatory laws apply to this new section (who enforces this provision, and how). The Department of Pesticide Regulation (DPR) has determined the following.
Q: Is carbon monoxide a pesticide or a pest control device?
A: U.S. EPA and DPR have determined that carbon monoxide delivery devices will be regulated as pest control devices, not as pesticides.
Q: Since it is a pest control device, does it have to be registered?
A: No. At this time, DPR does not require registration of carbon monoxide delivery devices. The only devices DPR registers are structural pest control devices for control of wood-destroying pests.
Q: Does the use of such a device constitute “pest control?”
A: Yes. Even though the carbon monoxide device is not considered a pesticide, DPR considers it a form of pest control. Therefore, only laws and regulations pertaining to pest control, but not to pesticide products, are applicable.
Q: Are there any label requirements for carbon monoxide delivery devices?
A: Yes. This device must have a warning label in plain view of the operator incorporating the specific text contained in FAC section 6025.4(a)(1) [see above]. In addition, U.S. EPA requires that the device be labeled with the EPA Establishment Number of the establishment in which the device was manufactured.
Q: Where can these devices be used?
A: FAC section 6025.4 states that carbon monoxide must never be used in “structures inhabited by humans or livestock.” These devices can be used in certain agricultural and non-agricultural settings. However, because of the hazards of this form of pest control and the fact that there is no warning agent and no permit required, DPR would not consider use of these devices at residences, school grounds, parks, or other sensitive sites to be “perform[ing] pest control in a careful and effective manner” as required in 3CCR section 6600(b).
Q: Does the new law allow the use of tubing from the exhaust pipe of an automotive vehicle?
A: The new law is silent on this issue. However, DPR does not recommend this, as it would be difficult to maintain compliance with the labeling portion of the law.
Q: Is the use of a carbon monoxide device for the purpose of pest control required to be reported under Pesticide Use Reporting (PUR)?
A: No. This is a device, not a pesticide.
Q: Should CACs conduct inspections of applications?
A: It is the responsibility of the CACs to conduct inspections of pest control and pest control businesses. Inspector biologists may periodically come across carbon monoxide applications. In such cases, DPR leaves the decision to conduct an inspection to the discretion of the CACs. Currently there are no applicable inspection forms for carbon monoxide device pest control inspections. If a complaint or episode results from the use of a carbon monoxide pest control device, the CACs should respond as they would to a complaint or episode from any other pest control device.
If you have any further questions regarding this subject, please contact the Enforcement Branch Liaison assigned to your county.
Sincerely,