Department of Pesticide Regulation Paul E Helliker, Director 830 K Street * Sacramento, California 95814-3510 * www.cdpr.ca.gov
William H. Hickox Secretary for Environmental Protection		Gray Davis Governor

October 8, 1999
 
 
 

Ms.
Jen-Par Enterprises
2475 Emerson Dr.
Corona, CA 91720

Dear Ms. Jensen-Pascarella:

This letter is in response to your recent letter in which you request clarification of my letter dated August 11, 1999.

In California, a pesticide is determined by the claims it makes, not by what it contains.  I am sure your product contains Generally Recognized As Safe (GRAS) materials, as do many other registered pesticides in California, but it will have to be registered as a pesticide if it continues to make pesticidal claims.

Our suggestions for changes to your label are not requests.  As I have stated, you are responsible for the claims you make for your products.  You are in business and, therefore, have to make your own business decisions; I cannot make them for you.  Whatever decisions you make, you must comply with California's laws and regulations.

If your supplier cannot remove pesticidal claims from his label (including KILL), then you have no choice -- you will have to register it as a pesticide or stop distributing it in California.  Your belief that California requires a license to operate a business that commercially applies pesticides is correct.  That does not preclude use of registered pesticide in home or noncommercial situations.

Your continuing disbelief that your competitors have registered their products as pesticides is immaterial to your present situation.  However, for your information, I have enclosed copies of some of the registered labels and have highlighted their registration numbers and other information.  Please note that the Comet Bathroom label shows citric acid, which is a GRAS material, as the active ingredient.

I reiterate that pesticides such as Kleen Kill are regulated by the U.S. Environmental Protection Agency (U.S. EPA) [see section 153.3(s) of the Code of Federal Regulations, Title 40] and the California Department of Pesticide Regulation (DPR) (see sections 12753 and 12811 of the Food and Agricultural Code).  Your product fits the definition of a pesticide contained in federal law and, as such, must be registered first by the U.S. EPA and then by DPR.  If you have any questions about the requirements under federal law, you should contact:
 
 

Ms. Linda Dugan Region 9 U.S. Environmental Protection Agency 75 Hawthorne Street San Francisco, CA 94105 Phone:  (415) 744-1066

or

Mr. Marshall Swindell U.S. Environmental Progection Agency 401 M Street, SW (Mail Code 7510C Washington, D.C. 20406 Phone:  (703) 308-6341

DPR's role is to fairly and equitably apply and enforce the pesticide laws and regulations.  We can offer assistance in your efforts to comply with the law.  If you need further assistance, please contact Ms. Regina Sarracino, DPR's Ombudsman, at (916) 324-3939.

Sincerely,
 

/s/

Paul H. Gosselin
Acting Chief Deputy Director
(916) 445-4330

Enclosures

cc:    Ms. Linda Duggan
        Mr. Marshall Swindell
        Ms. Regina Sarracino
        Mr. Paul E.. Helliker, DPR Director

California Environmental Protection Agency

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Printed on Recycled Paper

(1) Our Original 6/22/99 Letter to DPR after unannounced "Investigation"
(2) DPR's 8/3/99 Response
(3) DPR's 8/11/99 follow up Letter "determination"
(4) Our 9/2/99 Response and Request for Clarification
(5) DPR's 10/8/99 response