On the Cidelines Newsletter 2023

Quiz - What is a Pesticide?

Weed and Feed

Yes because it kills weeds
No because it is available over the counter

Anti-bacterial Cleaner

yes because it kills bacteria
No because it's a household cleaner

Insect repellent

Yes because it repels bugs
No because it doesn't kill bugs

Copper wood preservative

Yes because it kills or prevents fungus, mold, and mildew
No because it doesn't target plants or insects

ALL these examples are considered pesticides! Any substance that claims to kill, prevent, destroy, or repel a pest is considered a pesticide.

False and Misleading Claims

Pesticidal chemicals and devices are prohibited from making “false and misleading claims”. This includes claims made in marketing materials and on websites, not just on labels.

Statements or information that are false are obviously not allowed. But did you know that claims which are not supported by scientific data are also illegal?

This includes claims about:

product efficacy
product safety
comparisons with other pesticides or devices
recommendations or endorsements by any Federal agency

Examples of illegal website claims:

"Long term antimicrobial protection on every surface"
"Kills all insects"
"Safer for your family"

Certified applicators should make sure that the products they choose do not violate these requirements. If you notice any products that make false or misleading claims, please report them to the Pesticide Control Program at 800-478-2577.

UV Lights

Ultraviolet (UV) lights are considered a pesticidal device since pest control is achieved through physical means. Devices are not regulated the same way as pesticidal chemicals. Devices are not reviewed by EPA and they are not required to be registered prior to being marketed. But they still may not make false claims.

The Centers for Disease Control and Prevention has recommended the use of UV light for disinfecting in some circumstances. However, efficacy varies by target, and is limited by many factors including temperature, UV intensity, and even dirty UV tubes.

In the last few years, the Pesticide Control Program has seen many ads for UV lights. And many of these ads contain false or misleading claims, especially in relation to COVID. One claim we often see is that UV light can sterilize surfaces. Sterilize essentially means the product kills everything - near 100% efficacy. EPA’s review of UV light data indicates that they cannot achieve sterilization. Disinfection and sanitizing reduce bacteria and other microbes but does not eliminate all organisms.

While the public may not know the difference between sterilize, disinfect, or sanitize, inaccurate information that promotes a false sense of safety is not allowed!

Before recommending or installing UV lights for disinfecting, certified applicators should ensure that the device will achieve the level of control required, and that it doesn’t make any false or misleading claims.

Small Pesticide Generators

Devices that generate or create sanitizing solutions are also a new booming industry. These devices create solutions such as hypochlorous acid from simple ingredients.

Sanitizing and disinfecting chemicals are considered pesticides. They may be used on-site (at the location they were generated), but they may not be distributed or used anywhere else without first undergoing an EPA review and registration.

This is to make sure that these chemicals are both safe to use and effective. Concerns related to generating these substances include:

Many of the solutions are acids and are therefore corrosive. They have the potential to cause burns to skin, eyes, etc. at higher concentrations.
There may not be quality control safeguards to ensure the concentration of the solution. It may therefore be too strong (which could be dangerous to use) or too weak (not effective in controlling germs).
Spray bottles or other service containers may not have safety and mixing instructions necessary for safe and effective use.
Without adequate instructions for correct use, including how much to apply, required contact time to ensure the product has time to kill virus, additional requirements or limitations for use on food contact surfaces, etc. the product may not be effective.
Many sanitizing products degrade over time or in sunlight or other conditions. Containers are usually not labelled with a date or storage instructions to ensure only effective product is being used.

In order to ensure these products can be safely and effectively used, the solutions must be tested to confirm they are at the intended concentration. Service containers should be labeled with use-by dates, and information about mixing, use, storage, and other safety requirements. Unless it will be used only at the property where it was generated, products must be registered with the EPA.

If you intend to generate disinfecting chemicals, please review the above requirements and contact the Pesticide Control Program for assistance in complying.

Certified Applicator Violations 2022

Be aware of common violations by certified applicators! Make sure you’re careful to follow all requirements when you are doing your work this season.

The Pesticide Control Program conducted 8 records inspections, 12 use inspections (including agricultural use/worker protection), and 6 complaint investigations in 2022, and identified 13 total violations.

#	Description	Regulation
2	Failure to obtain certification prior to applying pesticides commercially (2 separate occurrences)	18 AAC 90.300
2	Failure to comply with label instructions (2 separate occurrences - exterior pesticide used in interior, over application)	18 AAC 90.020(1), 020(5) & 600
1	Failure to wear required PPE	18 AAC 90.020(5) & 600
1	Submitting false information to DEC during an investigation	18 AAC 90.020(7)
2	Failure to keep Restricted Use Pesticides locked (same facility had repeat violations)	18 AAC 90.020(1) & 615
2	Failure to maintain accurate WPS worker training records (same facility had repeat violations)	Federal WPS regulations as required under 18 AAC 90.020(5) & 600
2	Failure to maintain accurate WPS pesticide application records (2 separate facilities)	Federal WPS regulations as required under 18 AAC 90.020(5) & 600
1	Failure to comply with conditions of Compliance Order by Consent	Violates legal agreement made between facility and DEC