Ontario's cosmetic pesticides ban will take effect April 22, 2009.
The requirements of the ban are detailed in Ontario Regulation 63/09
and the Pesticides Act, which was amended by the Cosmetic Pesticides
Ban Act, 2008.
The provincial ban supersedes
local municipal pesticides bylaws to create one clear, transparent and
understandable set of rules across the province.
Pesticides
cannot be used for cosmetic purposes on lawns, vegetable and ornamental
gardens, patios, driveways, cemeteries, and in parks and school yards.
There are no exceptions for pest infestations
(insects, fungi or weeds) in these areas, as lower risk pesticides,
biopesticides and alternatives to pesticides exist. More than 250
pesticide products are banned for sale and over 95 pesticide
ingredients are banned for cosmetic uses.
Exceptions
- Public health or safety:
Pesticides can be used to control plants that are poisonous to the
touch, such as poison ivy; insects that bite, sting, are venomous or
are disease carrying, like mosquitoes; and animals, insects or plants
that may cause damage to a structure or infrastructure, such as
termites.
- Natural resources: There
is an exception, with Ministry of Natural Resources approval, to
control invasive species that may be detrimental to health, the
environment or the economy, or to protect a native plant, animal or a
rare ecosystem.
- Golf courses
are conditionally excepted from the ban provided they follow tough new
rules. They must become accredited for Integrated Pest Management (IPM)
by an approved accreditation body. IPM uses a variety of tools,
including best practices, mechanical and biological methods, along with
pesticides when necessary, to manage pest populations. Golf courses
must prepare an annual report on how they minimized their pesticide use
and make the report accessible to the public. Also, they must hold a
public meeting annually to present the report.
- Sports fields
are allowed a short term exception from the ban to host national or
international level sports competitions. Written approval for the
exception must be granted by the Minister of the Environment. Once the
event concludes, the use of pesticides must end. Areas such as lawns
and gardens around the sports fields are not excepted from the ban.
- Specialty turf:
Pesticides can be used to maintain specialty turf used for lawn
bowling, cricket, lawn tennis and croquet if certain conditions are
met. Areas such as lawns and gardens around the specialty turf are not
excepted from the ban. IPM and annual reporting conditions, similar to
those imposed on golf courses, must be followed.
- Trees:
Since trees are so important to protecting our climate, licensed
exterminators can use conventional pesticides with the written opinion
of a tree care professional that states that the use of the pesticide
is necessary to protect the health of the tree. Homeowners and licensed
exterminators can also buy and use biopesticides and lower risk
pesticides (e.g., Btk - a biopesticide sprayed over Ontario
cities for Gypsy moth control) to care for trees without requiring an
opinion from a tree care professional.
- Agriculture:
The use of pesticides is necessary for agriculture from an economic and
operational perspective. Ontario farmers already have stringent rules
on the use, handling, storage and application of pesticides, and these
rules will continue. The exception does not apply to a farmer's
household vegetable garden and lawn.
- Forestry:
The use of pesticides in forestry is essential to protect trees from
pests, and to control competing vegetation. Ontario's forestry workers
must follow stringent rules on the use, handling, storage and
application of pesticides. The exception applies to a range of forestry
activities including harvest and reforestation.
- Public works:
Under the health or safety exception, pesticides are allowed to be used
to maintain safe conditions, and the security of and emergency access
to public works. Public works include highways, railways, power works,
gas works, water works and other utilities, transit/transportation
corridors and the perimeter of nuclear facilities. The exception does
not apply to the use of a pesticide on a portion of a highway to which
pedestrians have access on a regular basis or where the public is
invited to stop including picnic and rest areas.
Notice Signs
Homeowners
can apply biopesticides or lower risk pesticides to control weeds and
other pests on lawns, gardens, driveways and other areas around the
home. However, if licensed exterminators use a lower risk pesticide or
biopesticide, the exterminator must post a green notice sign on the
lawn. This sign makes it clear that the exterminator is not using an
illegal pesticide and satisfies the public's right to know about the
use of a pesticide. For example, if an exterminator treated a lawn
with corn gluten meal to suppress weeds, he/she would need to post a
green sign.
Pesticide Storage and Fire Department Notification
The
ministry has harmonized storage and fire department notification
requirements for manufacturers with existing requirements for operators
(including commercial lawn care companies) and vendors.These
requirements ensure that local fire departments know where pesticides
are stored to protect human health and the environment.
Pesticide Classification
To
support the cosmetic pesticides ban, a pesticide classification system
consisting of eleven classes of pesticides has been established.
- Class 1 are manufacturing concentrates used in the manufacture of a pesticide product.
- Classes
2, 3 and 4 are commercial or restricted pesticides that can continue to
be used by farmers and licensed exterminators for non-banned uses. If
the pesticide contains a Class 9 pesticide, it may only be used for an
exception to the ban (e.g., agriculture, forestry, golf courses).
- Classes
5 and 6 pesticides can be used by homeowners and include biopesticides
and lower risk pesticides allowed for cosmetic uses.
- Class
7 includes dual-use pesticides (i.e. indoor/outdoor uses). Such
pesticides will only be allowed to be used for non-cosmetic purposes.
For example, they can be used indoors to kill pests or outdoors for
public health or safety reasons, but cannot be used outdoors to kill
weeds. Retailers must give information to notify purchasers that only
certain uses of these pesticides are legal. In two years' time,
consumers will also not have ready access to these products, and
continue to receive notification about the legal uses.
- Class
8 are banned domestic products. (e.g., pesticide-fertilizer combination
products, weed and insect control products for lawns and gardens).
- Class
9 lists ingredients in pesticide products. These ingredients are banned
for cosmetic use. Commercial or restricted products containing these
ingredients may still be used by farmers or licensed exterminators for
exceptions under the ban.
- Class 10
pesticides are ingredients in pesticide products. These are the only
ingredients that may be used to control plants that are poisonous to
the touch under the public health or safety exception.
- Class
11 lists ingredients that are biopesticides or lower risk pesticides.
Licensed exterminators that use Class 11 pesticides are required to
post a green notice sign to provide public notice of the use of these
pesticides.