Utah deaths prompt tougher pesticide rules
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Utah pesticide officials plan to spend the coming months educating exterminators about rule changes aimed at keeping consumers safer and more informed after last year's poisoning deaths of two Layton girls.

The updated rules took effect last month after months of public input and discussion with the Utah Pest and Lawn Care Association. They are intended to address some of the issues that surfaced in the wake of the February 2010 deaths of Rebecca Toone, 4, and her sister Rachel, 15 months, after a Bountiful company used a chemical called Fumitoxin to deal with a field mouse problem around their Layton home.

"The pesticide rules were revised as a result of violations discovered last year with the improper use of the pesticide Fumitoxin and to increase public awareness and consumer protection," state pesticide program manager Clark Burgess said in a news release.

The state's pesticide division oversees 1,020 companies and 4,761 commercial and noncommercial pesticide applicators.

Since the girls' deaths, the U.S. Environmental Protection Agency has outlawed the use around homes of aluminum phosphide, the active ingredient in Fumitoxin.

In addition, the Toone family has filed a wrongful death lawsuit against Bugman Pest and Lawn, the company that applied the pesticide, and the U.S. Justice Department has indicted Bugman and two of its employees on federal misuse of pesticide charges.

Bugman and seven employees also agreed to pay $46,800 in fines to settle administrative charges related to more than 3,500 instances when the company and its crews allegedly broke state pesticide laws between April 2009 and February 2010. Many of the alleged violations involved paperwork, while others stem from misuse of dangerous pesticides, including Fumitoxin.

Burgess said some of the key changes state that pesticide companies must:

• Notify consumers before they use pesticide products labeled "Danger" or Danger-Poison" and provide consumers with written information about the chemicals.

• Train applicators to follow label instructions and keep records of such training.

• Share responsibility with their applicators for pesticide violations the applicator commits.

• Post the company name and license number on their trucks and trailers and on proposals and contracts for pest-management services.

Burgess said his staff would advise exterminators about the changes at workshops around the state. He also said he does not anticipate any other changes to the pesticide program, including stepped-up enforcement.

"No matter how restrictive pesticide rules become," Burgess said, "it is imperative that applicators and the general public follow pesticide label directions to promote consumer safety."

Larry Lewis, spokesman for the Utah Department of Agriculture and Food, said this is the fifth time in five years that state pesticide regulations have been updated.

fahys@sltrib.com

Revisions will provide consumers with more information about the nature of chemicals.
 
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