2205.1 For the purposes of classifying pesticides as District restricted-use or non-essential in this section, the term “pesticide” means any substance or mixture of substances intended to prevent, destroy, repel, or mitigate any pest, and any substance or mixture of substances intended for use as a plant regulator, defoliant, or desiccant, but does not including the following:

1. (a) Fertilizers and other plant supplements whose primary purpose is to provide nutrition to plant-life and not to repel, treat, or control pests;
2. (b) Pesticides exempt under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and its implementing regulations, specifically those pesticides exempted under Section 25(b) of FIFRA and 40 C.F.R. § 152.25(f), subject to reclassification as set forth in Section 3 of FIFRA;
3. (c) Individual repellents, personalized devices, and other agents not necessarily classified under FIFRA but employed by individuals for protection from pests;
4. (d) Sanitizers, disinfectants, and antimicrobial agents; and
5. (e) Other chemicals, devices, or substances excluded by the District Department of the Environment (Department) in regulations.

2205.2 For the purposes of classifying pesticides as District restricted-use or non-essential in this section, the term “pest management” means the control of plants, insects, herbs, or rodents with chemical agents deployed as pesticides.

2205.3 The Department shall create and maintain lists of pesticides classified as District restricted-use or non-essential.

2205.4 The Department shall publish on the Department’s website the lists of pesticides classified as District restricted-use or non-essential.

2205.5 The Department shall designate as District restricted-use any pesticide that:

1. (a) When used as directed or in accordance with commonly recognized practice requires additional restrictions for that use to prevent a hazard to human health, the environment, or property; or
2. (b) The Department determines presents a significant, scientifically sound basis justifying that reclassification; and

(c) For purposes of this subsection, “scientifically sound basis” shall include conclusions of published, peer-reviewed studies conducted by experts in their respective fields, EPA guidance documents, and other similar materials.

2205.6 The Department shall designate as non-essential any pesticide that is not used as part of critical pest management in the District, as follows:

1. (a) Critical pest management shall include controlling:
2. (1) Plants that are poisonous to touch or are likely to cause damage to a structure or infrastructure; or
3. (2) Insects that bite or sting, are venomous or disease-carrying, or are likely to cause damage to a structure or infrastructure.
4. (b) The Department shall presume that a pesticide should be classified as essential if it is intended primarily for use on or for:
5. (1) Agriculture;
6. (2) Forests;
7. (3) Promotion of public health or safety;
8. (4) Protection of structures or infrastructure;
9. (5) Protection of endangered, threatened or other similarly situated plant and animal species;
10. (6) Management of invasive plant species; or
11. (7) Management of invasive insect species.

2205.7 The Department shall offer an opportunity for public comment before classifying as District restricted-use any pesticide that is not designated as restricted-use under 40 C.F.R. § 152.175 or adding restrictions to a restricted-use pesticide designated under 40 C.F.R. § 152.175.

2205.8 The Department shall publish notice in the D.C. Register regarding the proposed reclassification of a particular pesticide and provide a comment period of at least thirty (30) days.

2205.9 The Department shall hold a public hearing if significant public interest is

expressed during the comment period specified in § 2205.8.

SOURCE: Section 9 of the Pesticide Operations Act of 1977, effective April 18, 1978 (D.C. Law 2-70; 24 DCR 6867 (February 17, 1978)); as amended by Final Rulemaking published at 62 DCR 3340 (March 20, 2015).