Comment for ERO 019-4184,…

Comment for ERO 019-4184, Ministry Reference 2021-AU-12

I wish to express my concern about the proposal to add Denatonium Benzoate to the List of Active Ingredients Authorized for Cosmetic Use, as recommended by the Director.

Cosmetic Pesticide Legislation was established to distinguish between pesticides used in agriculture and forestry (where benefits outweigh risks) as opposed to pesticides used at residences and cottages, where risks outweigh benefits. Since being enacted, consumers have done well without Cosmetic pesticides in these settings by finding alternative solutions for their needs and in so doing, they and their neighbours have been spared from pesticide exposure for non-essential purposes.

If Denatonium Benzoate was added to the Authorized List, I presume that it would be available as an additive to bait or as a vapour/fog applied by a spray can or for larger areas a backpack mist blower. It is not clear from the Notice whether the Ministry’s intention is to allow consumers to purchase and disperse Denatonium Benzoate or if only a licensed technician would be allowed to apply it.

The risks associated with Denatonium Benzoate include acute toxicity if swallowed, skin irritation (especially if it enters the blood stream through a cut or abrasion), severe eye damage with the possibility of permanent clouding, and the risk of lung damage if inhaled. Repeated exposure may cause cumulative health effects involving organs or biochemical systems. 1 It is listed as moderately toxic to mammals and birds 2, and toxic to aquatic organisms 3 Denatonium Benzoate is very stable, not readily biodegradable and retains its bitter taste for years. It has a half life of 60days in water and 541.66 days in sediment. 4 Once discharged, it will not quickly go away.

If added to the list, I am concerned about how broad the use will be allowed for this chemical. Will it be allowed to spray dens and nesting sites of native wildlife like squirrels, raccoons, skunks, bats and chipmunks as a means of removing animals from property? If trees and shrubs are sprayed, is anyone going to notice if there are bird nests? With the duration of the bitter flavour, would animals be essentially prevented from using foliage for a year or more? What conditions will warrant its use? Can residents just apply it to keep domestic and wild animals out of their yards? In light of the risk profile of denatonium benzoate, such applications would probably lead to some instances of blindness, lung damage and possible toxic ingestion of the chemical by domestic or wild animals residing or passing through.

Will denatonium benzoate be allowed to be sprayed in residential backyards, or along property lines? Will it be sprayed over soffits, roof edges or sheds, with the possibility that it can rain down or drift into neighbouring properties? Will there be any buffer zone reflecting the drift profile of the disbursement? Will there be any stipulation that it cannot be dispersed near water sources, ponds or pools? As a pool owner (my pool is 5’ from the fence), I would not wish Denatonium Benzoate to enter my water as it would render it noticeable at 50 parts per billion and undrinkable at 30 ppm. 5 Ponds will be fouled for wildlife if this pesticide is not properly handled. Back yards are shrinking as residential homes are being rebuilt bigger. This means it will be harder to escape any treatment a neighbour uses in their yard. With 6’ solid fencing in many residential yards, how will the person dispersing Denatonium Benzoate know that they are near a water source or a human being standing on the other side? Will the technician notice if he is disbursing it near someone’s vegetable garden? This is not a theoretical question, as I have been sprayed by a pesticide technician who could not see me, and my ponds were sprayed because the technician was not looking out for them. Technicians are advised to wear protective gear when dispersing Denatonium Benzoate. Neighbours and animals will not be so protected. If you allow consumers to purchase Denatonium Benzoate, I believe it will be misused and there will be conflict as one neighbour can cause their neighbours property or even the neighbour to be fouled with a long-lasting bitter flavour. It has a long half life so it will remain in the soil. What will this do to insect life? If a human is inadvertently sprayed, can the bitterness be removed by showering? I have observed that consumers often disregard labels, if they read them at all, and unlicensed individuals should not be allowed to spray Denatonium Benzoate. Some people would be tempted to misuse Denatonium Benzoate in an attempt to drive out all animal life from their yards.

It appears that the risk profile of Denatonium Benzoate is greater than the benefits to be achieved from allowing its Cosmetic use. Fences can exclude deer. People can seal their walls and attics to exclude animals. If you have a raccoon latrine, clean it up. Some residents will effectively create no go zones for wildlife in an attempt to prevent nature and sterilize their yard. Water and yards can be fouled for an extended time. This is not in the interests of the environment or humans. It would be worse if unlicensed residents are allowed unfettered access to Denatonium Benzoate, but the issues I have raised are still a problem if the pesticide is applied by licenced technicians. I am against adding Denatonium Benzoate to the List of Authorized Ingredients for Cosmetic Pesticide use. The risks outweigh the benefits.

1 http://datasheets.scbt.com/sc-234525.pdf
https://pubchem.ncbi.nlm.nih.gov/compound/Denatonium-benzoate#section=T…

2 http://sitem.herts.ac.uk/aeru/ppdb/en/Reports/1398.htm

3 http://datasheets.scbt.com/sc-234525.pdf

4 https://echa.europa.eu/registration-dossier/-/registered-dossier/16728/…

5 https://www.itsusainc.com/prod-indrex.asp#:~:text=Denatonium%20Benzoate…