Questions to PMRA and Answers Received Concerning Use of Soap, Insecticidal Soap, and Diatomaceous Earth to Control Chinch Bug

In 2003, there was a serious chinch bug outbreak. It was concentrated in newer developments where many of the soils are sandy, thin, with low organic matter and highly prone to drought stress, which is the single most important factor stimulating chinch. Thus I have made an argument that priority should be given to cultural controls this year. Nevertheless, some outbreaks can be expected in 2004 if the weather conditions are conducive, and it is important that we have available some short term, acute control agents (other than pesticides) to deal with them.

We have some experience in the region with vacuuming to remove chinch bugs in the early stages of infestation; also, the Health Canada document you referred to advises use of a soap/cloth trap method.

These will work for limited infestations caught at an early stage. Neither will work very well for larger infestations. The only other agents, excluding pesticides, that have been commonly advised for chinch bug control are (i) insecticidal soap and (ii) diatomaceous earth.

However according the ELSE database, neither of these materials are registered for use on chinch bug.

1. Is it illegal for an individual resident to use a registered insecticidal soap product (that does not cite chinch bug as one of the pests controlled) to control chinch bugs in a lawn? Could the resident use it at his/her own risk?

I note in a US publication the following statement: What are the legal restrictions of using insecticidal soaps and detergents? Any product sold for the purpose of controlling a pest is legally classified as a pesticide. They therefore fall under restrictions of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), as amended. One key provision of this act is that pesticides cannot be used inconsistent with label directions. Perhaps the most important feature is that pesticides, including soaps, cannot be used on crops that are not specified on the label. For example, if use on tomatoes is not permitted on label directions it is illegal to apply the product to tomatoes. In reality, most insecticidal soaps have label use directions that are broadly stated, allowing use on essentially all plants.

1b. Would the same apply here (within reason)?

2. Would it be illegal for a lawncare company to use insecticidal soap products to control chinch bugs in lawns?

5. Is it illegal for an individual resident to use registered diatomaceous earth products to control chinch bugs in a lawn?

6. Would it be illegal for a lawncare company to use registered diatomaceous earth products to control bugs in lawns?

For questions #1,2, 5, 6
All the users (lawn care company, municipality or homeowner) have to follow the label. If the label does not specify or include chinch bug as pest, this product should not be used for that use. Basically, it is illegal to misuse a product, to use it contrary to the label specifications.

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3. Is it permissible for an individual resident to use ordinary soap at approx. 2% concentration to control chinch bugs in lawns?

4. Is it permissible for a lawncare company to use ordinary soap at approx. 2% concentration to control chinch bugs in lawns?

For questions #3, 4, Ordinary Soap
Ordinary soap is not considered to be a pesticide. It is considered basically for monitoring purpose. This product is not registered under the Pest Control Product Act and therefore it is illegal to use it to control the chinch bug.

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7. In the case that any one of these products (insecticidal soap, diatomaceous earth or ordinary soap) is prohibited for control of chinch bug in lawns, what procedure (if any) might a municipality pursue to obtain exceptional permission to use that product for control of chinch, and be able to complete the process by July 1, 2004?

You have directed me to several documents, but it is not clear to me which might be most appropriate:

Regulatory Directive DIR2001-05 Registration of Pesticides for Emergency Use Perhaps the case could be made that there were some heavy chinch outbreaks in 2003, and we will need the substance(s) in question in 2004 ? would that be a legitimate approach?

Regulatory Directive DIR2001-01 User Requested Minor Use Label Expansion My impression from reading other documents, and also from experience as a member of PMAC (1999-2001) that this procedure could not be completed in a matter of two months or less as would be required for use by July 1, 2004

Regulatory Directive DIR99-05 User Requested Minor Use Registration (URMUR) My impression from reading other documents, and also from experience as a member of PMAC (1999-2001) that this procedure could not be completed in a matter of two months or less as would be required for use by July 1, 2004

Perhaps there are other procedures? Could you advise me on that? I realize that the application would have to be made by the municipality.

7. [b] In the case that any one of these products is prohibited for control of chinch bug in lawns what procedure might a lawncare company pursue to obtain permission to use that product by July 1, 2004?

For question #7
Anyone can request an Emergency Use to PMRA. As you mentioned, DIR99-05 User Requested Minor Use Registration (URMUR) is one solution. There other solution is asked for a label expansion for the mentioned product. I strongly suggest that you contact your provincial minor use coordinator. He will be able to help go through the process

Lorne Crozier
Resource Stewardship Branch
Nova Scotia Dept. Agriculture & Fisheries
Box 550
Truro, NS B2N 5E3
Tel: (902) 893-6548
Fax: (902) 893-0244
crozielm@gov.ns.ca