From: Jeffrey Lewin <jclewin**At_Symbol_Here**MTU.EDU>
Subject: Re: [DCHAS-L] ether for anesthetizing fruit flies
Date: Wed, 5 Feb 2020 08:37:30 -0500
Reply-To: ACS Division of Chemical Health and Safety <DCHAS-L**At_Symbol_Here**PRINCETON.EDU>
Message-ID: CAEwQnqhaBWJXqD8EfC8O-R-GyrLK-hgO2hCbbdTbNtFwx1roQA**At_Symbol_Here**mail.gmail.com
In-Reply-To


See the copy and paste below from
https://www.epa.gov/sites/production/files/2015-03/documents/chap-02-apr-2014.pdf

It would be a stretch to call Drosophila being used in a genetics experiment a "pest" and certainly wouldn't apply to the euthanization of vertebrate animals in an approved IACUC (Institutional Animal Care and Use Committee) protocol.

As a side note, finding an alternate to diethyl ether also eliminates having to deal with outdated, potentially organic peroxide forming, wastes.

Jeff

III. What makes a product a pesticide?
The term "pesticide" is defined at FIFRA 2(u). One of the most important words in the FIFRA
definition of "pesticide" is "intended." One of the analytical steps to determining whether a
product is a pesticide is to consider whether the product is "intended" to be used as a pesticide.
Products are generally considered to be pesticides if they are intended for preventing, destroying,
repelling, or mitigating any pest or intended for use as a plant regulator, defoliant, or desiccant.
OPP determines intent by examining claims on the label, advertising, composition/use, and/or
mode of action of the product as distributed or sold. Section 40 CFR 152.15 sets forth the criteria
to help establish intent. If the regulatory criteria are met the label reviewer can conclude that the
product is a pesticide and must be registered. The regulatory criteria are described below :

On Wed, Feb 5, 2020 at 8:27 AM Stuart, Ralph <Ralph.Stuart**At_Symbol_Here**keene.edu> wrote:
> I also wonder if the EPA folks were aware of regulations promulgated by USDA and other agencies involved in animal research, and/or how the question was posed.
>
This is an interesting question. I had the opportunity to work with EPA in the development of a new rule and see the process up close. One reason that the process takes so long is that the agencies do a reasonably careful scan of other federal requirements related to the topic at hand. This is challenging, as there are many different languages and mandates that address the same topic across the federal and state governments. (One "cute" one is that Keene State heats the campus with 100% reclaimed non-fossil biofuels, but we have to add ten gallons of fossil fuel-based diesel by hand to every delivery of a truckful of renewable fuels to satisfy road tax requirements.)

When agencies find conflicts for a new rule, they sometimes work with the other agency to address those; other times they decide to ignore those conflicts. As you point out, a specific use of a chemical is the intersection of a variety of complicated regulations based on different stakeholders and considerations, so the agency leaves it up to the chemical users to figure it out in real life.

Which is why many of us have jobs ;).

- Ralph

Ralph Stuart, CIH, CCHO
Environmental Safety Manager
Keene State College
603 358-2859

ralph.stuart**At_Symbol_Here**keene.edu

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--
Jeff Lewin
Chemical Safety Officer
Research Integrity Office
Laboratory Operations
207 Advanced Technology Development Complex (ATDC)
Michigan Technological University

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