Regulatory Requirements for Retailers on Non-Essential Pesticide Use Regulation (MR 286/2014) Prepared by Manitoba Conservation & Water Stewardship

Regulatory Requirements for Retailers on Non-Essential Pesticide Use Regulation (MR 286/2014) Prepared by Manitoba Conservation & Water Stewardship

Purpose This presentation is intended to provide information on regulatory requirements for management as well as sales associates of retail outlets in Manitoba that intend to sell prescribed pesticide products. All retailers must sell and display prescribed pesticide products according to Manitoba s Non-Essential Pesticide Use Regulation (MR 286/2014). 2

Legislation Summary The Environment Amendment Act (Reducing Pesticide Exposure) and the Non-Essential Pesticide Use Regulation (MR 286/2014) came into effect on January 1, 2015. Section 3 of the regulation describes the responsibilities of all retailers including horticulture and garden centres, nurseries, hardware, and home improvement stores. As of May 1, 2015, only herbicides on the regulated Allowable List can be displayed and stored on open shelves where customers can access them without the assistance of a sales associate. All other herbicides are still available for exempt uses, but retailers must prevent direct access of these products to the public and these are defined as prescribed pesticides. 3

Intent of the Legislation Protect children and pets from unnecessary pesticide exposure. Reduce use of lawn care products for cosmetic or non-essential purposes. Encourage alternate lawn care options and use of lower risk products. 4

Scope of the Legislation Lawns including associated sidewalks, driveways and patios. Lawns include grass sports fields, parks and plots of maintained grass (mowed regularly at a uniform height) around residential, commercial and institutional properties. Exterior properties of schools, hospitals, and child care centres (including parking lots, hard surface areas, gardens, sport fields and playgrounds). * Lawn is defined as a plot of grass that is maintained at a regular and approximately uniform height through periodic and regular mowing; this includes any associated walkway, driveway or patio 5

What s Exempt for Homeowners? The legislation does not apply to garden areas such as vegetable, fruit and flower gardens, as well as shrubs and trees. Control of poisonous plants such as Poison Ivy, Poison Sumac and Giant Hogweed. Control of alien invasive plant species such as Red Bartsia. Homeowners should be encouraged to contact their local MAFRD Go office to identify an alien invasive plant species before using a prescribed pesticide to control it. 6

Enforcement Approach The enforcement approach for the first year will be primarily educational based focusing on compliance promotion. Department will conduct surveys and outreach at retail outlets including horticulture and garden centres, nurseries, hardware and home improvement stores. Department will provide outreach material to retail outlets, or retailers can print out copies on demand from Departmental website. 7

List of Allowable Pesticides A List of Allowable pesticides based on active ingredients is set out in a Schedule to the regulation. Herbicide products containing these active ingredients can be sold without any restrictions. Allowable Pesticide Products are listed on the website at: www.manitoba.ca/pesticide-reduction 8

Allowable Active Ingredients List of allowable active ingredients of herbicide products sold at the retail outlets in Manitoba include: acetic acid (non-selective weed control) ammonium soaps of fatty acids citric acid corn gluten meal (pre-emergent weed control product and alternate to weed and feed products) fatty acid iron (ferrous or ferric) sulfate iron, if present as FeHEDTA (selective, broadleaf weed killer) lactic acid liquid corn gluten soap (potassium salts of fatty acid) sodium chloride (selective weed killer) 9

Example: Allowable Herbicide Products Herbicide Product Scotts Ecosense Pathclear Wilson Total Wipe Out Munger Horticultural Vinegar Green earth Weed & Grass Killer Scotts Ecosense Weed B Gon Scotts Turf Builder Weed Prevent Corn Gluten Meal Herbicide President s Choice Weed Seed Inhibitor & Lawn Fertilizer Active ingredients Acetic Acid Iron (present as FEHEDTA) Corn Gluten meal * Full list of allowable herbicide products is available on departmental web site. 10

Retailer Responsibilities Retail Management is required to take necessary steps to ensure that the sale of all prescribed pesticides follows regulatory requirements which include: Ensure that the prescribed pesticides are secured or stored, by whatever method is most suitable, so that the public does not have direct access to them. Ensure that at least one person from the store is aware of regulation MR 286/2014. That person can sell prescribed pesticide products or train seasonal sales associates. Keep sales record for a five-year period which at minimum include: Product name and number of units of each prescribed pesticide sold based on container size. * *These records must be made available to an Environment Officer upon request 11

P.C.P. Registration Number P.C.P. Number shows that the pesticide is federally registered and it can be found on the pesticide product label at the front. It can appear as REG. NO. 12345 P.C.P. ACT or Registration Number 12345 Pest Control Products Act. No two pesticides or pest control products are given the same number. 12

Cross-check with the Allowable Herbicide Product list If a herbicide product is listed on the Allowable Pesticide Product List, then it can be placed on an open shelf. If a herbicide is NOT on the Allowable Pesticide Product List, then prevent direct access from the public. 13

Storage and Display of Prescribed Public should NOT have direct access to prescribed pesticides such as Killex, Roundup, etc. Pesticides 14

Sales Associate Responsibilities Make reasonable inquires about the intended use of the prescribed pesticide (e.g. ask questions about purpose and proposed use of the requested prescribed pesticide). If the purpose or proposed use is for cosmetic or nonexempted uses, direct customer to allowable pesticide products. If the purpose or proposed use is an acceptable exempted use, allow the sale of the prescribed pesticide and explain the restrictions on where the pesticides may only be legally used. Provide an Information Card on MR 286/2014 with all prescribed pesticide purchases. 15

Inform the Customer! Suggest mechanical weed control tools such as telescoping scythe crack weeder, long-handled uproot weeder, telescoping uproot weeder, small crack weeder/weed slicer. Promote healthy lawn care practices such as aeration, over-seeding & topdressing, mowing, fertilizing and proper watering. Assist the customer with choosing herbicides from the Allowable List of Herbicides. Advise the customer to read the pesticide label before use. 16

Principal Display Panel at Front If a pesticide is labelled for use in, on, over a lawn and it is labelled as a herbicide, the legislation applies and the product must be secured from direct public access. 17

Secondary Display Panel at back Additional information on safety and product use can be found on the back of the product or from the Material Safety Data Sheet (MSDS) before handling a pesticide. 18

Container Size does not Change Product Restrictions Prescribed pesticides of any size are restricted for sale under the regulation (MR 286/2014). 19

Purpose Retailer s Checklist Sales Associates should follow the Retailer s Checklist provided by the Province for selling Pesticides. Managers on site should make sure that printed/ laminated copy of the Checklist is available to retail associates at the store. 20

Retailer s Checklist (Cont d) 21

Provide Information on MR 286/2014 Information on Non-Essential Pesticide Use Regulation (MR 286/2014) must accompany any purchase of prescribed pesticide. 22

Disposal of Pesticides Domestic class herbicides Manitoba Product Care Household Hazardous Waste Collection Sites (call 1.888.772.9772 for more information). Sites include: - Miller Environmental Corporation 1803 Hekla Avenue, Winnipeg - Responsible Electronics Recycling Manitoba Inc. 511 Robinson Avenue, Selkirk - City of Brandon 3000 Victoria Avenue East, Brandon - City of Steinbach 104 Hanover Road East, Steinbach - Whitemouth Reynolds Waste Management Facility NW 21-11-12 EPM, RM of Whitemouth - RM of Rockwood NE 19-13-02 EPM, RM of Rockwood - RM of Gimli 212 Harvard Avenue, Gimli. Commercial class herbicides Licensed hazardous waste collection/disposal facilities: Contact Hazardous Waste Program for more information. Hazardous Waste Program Environmental Approvals Branch Manitoba Conservation and Water Stewardship 160-123 Main Street Winnipeg MB R3C 1A5 Fax: 204-945-5229 *Return unopened products to pesticide dealer 23

Scenario 1 A customer asks a sales associate why Killex and Round Up are not on display. The Province wants to reduce exposure to lawn care products used for cosmetic or non-essential purposes to protect children and pets from unnecessary pesticide exposure and encourage alternate lawn care options. Prescribed pesticides such as Killex and Roundup can only be used for exempted uses on lawns. The legislation does not apply to pesticide use on gardens, shrubs and trees. 24

Scenario 2 A customer asks a sales associate what areas are captured by the legislation. The legislation applies to any lawn which is defined as a plot of grass that is mowed regularly at a uniform height including any associated walkway, driveway or patio. It also applies to grass sports fields, parks and plots of maintained grass (mowed regularly at a uniform height) around residential, commercial and institutional properties. Any exterior property of a school, hospital or child care centre. 25

Scenario 3 A customer ask a sales associate about weed control methods on lawns. Direct the customer to allowable list of products on the open shelves and mechanical tools to control weeds on lawns. Promote healthy lawn care practices such as aeration, over seeding, mowing, fertilizing and watering. Also inform the customer that prescribed pesticides can only be used for exempted purposes 26

Scenario 4 A customer asks what is an exempted use of a prescribed pesticide. Prescribed pesticides can be used to control poisonous plants such as poison ivy and alien invasive plants such as Red Bartsia. Garden areas such as vegetable, fruit and flower gardens, shrubs and trees are excluded from the legislation. 27

Scenario 5 A customer ask a sales associate about purchasing insecticides to control mosquitoes and bugs. The legislation is focused on herbicides/weed control products and does not include any insect control product. 28

Additional Resources Self Assessment Tool for Retailers An self assessment questionnaire is available at the Manitoba Conservation & Water Stewardship website as a tool for assessing knowledge of retail sales associate on the regulatory requirements of the regulation MR 286/2014 www.manitoba.ca/pesticide-reduction 29

Additional Resources (Cont d) Manitoba Conservation & Water Stewardship (MC&WS) For more information, visit Manitoba Conservation & Water Stewardship website at: www.manitoba.ca/pesticide-reduction Manitoba Agriculture, Food and Rural Development (MAFRD): Growing Opportunities (GO) Centres of MAFRD are the front-line service delivery to valuable information and advice on noxious weeds and alien invasive plant species. Please visit MAFRD website at: www.gov.mb.ca/agriculture/contact/ 30

Additional Resources (Cont d) Pesticide and Pest Management of Health Canada Information on pesticides is available for the Public at http://www.hc-sc.gc.ca/cps-spc/pest/part/index-eng.php How to have a healthy lawn http://www.healthycanadians.gc.ca/healthy-living-viesaine/environment-environnement/homemaison/lawn_healthy-saine_pelouse-eng.php 31

Contact Us Email us at: pesticide.reduction@gov.mb.ca 32