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

August 11, 1999
 
 
 

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

Dear Ms. Jensen-Pascarella:

This letter is a follow-up to my letter of July 14, 1999, where I talked about pesticide registration requirements and a related investigation of your business activities done by the Department of Pesticide Regulation (DPR).

The Pesticide Registration Branch has completed its review of your products.  They have determined that your product Kleen Kill, is a pesticide.  Two products were covered in Mr. Gutierrez's inspection:  Not Nice to Lice and Kleen Kill.  the U.S. Food and Drug Administration regulates pediculicides, such as Not Nice to Lice, and you may contact them for their requirements.

Pesticides such as Kleen Kill are regulated by the U.S. Environmental Protection Agency (U.S. EPA) under Title 40 of section 153.3(s) of the Code of Federal Regulations, and by DPR under sections 12753 and 12811 of the Food and Agricultural Code (FAC).  Your product fits the definition of a pesticide contained in federal law and, as such, must be registered, first by U.S. EPA and then by DPR.  For more information about U.S. EPA's requirment, you can call Ms. Linda Duggan at (415) 744-1066, or you may call Mr. Marshall Swindell at (703) 308-6341.

If you with to sell your product as a cleaner and not as a pesticide, you may do so by removing the following from your labeling:

1) The term “Kill” in your brand name.
2) The entire statement in the “Warning” box
3) Any reference to a web site that advocates a pesticidal use of the product and any similar references in your advertising literature.

In your recent letter, you question whether Clorox was registerd as a pesticide.  The Clorox Company has over 60 products registered as pesticides, including Clorox Bleach, Pine-Sol, Tilex, and Soft Scrub.  The Proctor and Gamble Company has over 30 products registred as pesticides, including Tide, Gain, Spic and Span, Comet, and Mr. Clean.  These are cleaners that make pesticidal claims on their labeling and in their advertising  DPR's role is to fairly and equitably apply and enforce the pesticide laws and regulations.  We can offer assistance to you in your efforts to comply with the law.

We expect that you will revise your label and advertising to comply or register your products as pesticides.  I call your attention to the penalties that may accrue if you fial to comply.  They are contained in FAC sections 12991 through 13000, which are enclosed.

If you have any questions about your compliance, please contact me.

Sincerely,
 

/s/

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

Enclosures

cc:    Ms. Linda Duggan, US EPA, Region 9
        Mr. Marshall Swindell, U.S. EPA Headquarters
        Mr. Paul E.. Helliker, Director
            Department of Pesticide Regulation
 

(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