Comment submitted by H. G. Stayton, Delaware Department of Agriculture

The Delaware Department of Agriculture, Pesticides Section supports the American Association of Pesticide Control Officials position that pesticide products currently exempt under 25(b) should be registered by EPA. The confusion in the regulated community and the reasons detailed in the AAPCO position statement, argue for a change in policy. The potential health risks of using unregistered minimum risk pesticides that claim to control, repel, or otherwise mitigate pests of public health importance outweigh the regulatory burden imposed under a registration requirement. The Delaware Department of Agriculture believes the registration of 25(b) products would allow all states with legal jurisdiction to better regulate these products. The Delaware Department of Agriculture believes that these minimum risk pesticides that claim to control, repel, or otherwise mitigate pests of public health importance could be subject to a less intense registration or other regulatory process, for example a waiver of chronic toxicity data. However at a minimum these products need to show sufficient stability and efficacy to protect consumers from these vectors.