Growers who happen to ignore pesticide warnings are risking the health of consumers. Simple solutions are available but the current regulations in Rhode Island dance around the subject until section 7, C where all use of pesticide is banned for plants in their flowering stage.
The regulations apply to Compassion Centers but serve as an example for Caregivers, Patients and Cultivators.
The material that follows was extracted from the Regulations for 2017 and include the source material in addition to the reference information and links.
Pesticide Use and Records
a. The cultivation process shall use best practices to limit contamination of medical marijuana and marijuana products, including but not limited to mold, mildew, fungus, bacterial diseases, rot, pests, pesticides, and any other contaminant identified as posing potential harm.
b. The use of pesticides on marijuana plants in Rhode Island by registered compassion centers will not be considered a violation of these regulations provided that the product must satisfy all of the following criteria:
(1) The product must be a “minimum risk pesticide” under 40 C.F.R. § 152.25(f), as the same may be amended from time to time.
(2) The product must be labelled for use on “all plants,” “other plants,” bedding plants, unspecified plants, or unspecified crops.
(3) The label must not prohibit indoor or greenhouse use, as applicable.
(4) All active ingredients must be eligible for food use as determined by the federal Environmental Protection Agency (EPA). See EPA’s Active Ingredients Eligible for Minimum Risk Pesticide Products (last updated December 2015), as the same may be updated and/or amended from time to time.
Active Ingredients Eligible for Minimum Risk Pesticide Products (Updated December 2015)
Provided below is the list of active ingredients that can be used in pesticide products that are exempt from the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) under the Minimum Risk Exemption regulations in 40 CFR 152.25(f).
How to Use this List: The list contains all the eligible active ingredients under 40 CFR 152.25(f)(1). Identify whether your active ingredient is eligible by comparing your ingredient with the label display name and chemical name, and that the Chemical Abstracts Service (CAS) number matches the ingredient you intend to use. Additionally, ensure that your ingredient meets any specifications listed. Any eligible ingredient used must be listed on your product’s label using the prescribed label display name.
All listed active ingredients may be used in non-food use products. Under section 408 of the Federal Food, Drug, and Cosmetic Act (FFDCA) and EPA implementing regulations at 40 CFR 180, products intended for use on food-use sites (e.g., used on food, food crops, food contact surfaces, or animal feed commodities) can only include active ingredients with applicable tolerances or tolerance exemptions in 40 CFR 180. Before labeling a minimum risk pesticide product for a food use, verify that the use you are labeling has been approved for each ingredient used in the product in 40 CFR 180.
Label Display Name
CAS No. Specifications
Castor oil Castor oil 8001-79-4 United States Pharmacopeia (U.S.P.) or equivalent
Cedarwood oil Cedarwood oil (China) 85085-29-6 — ✓
Cedarwood oil Cedarwood oil (Texas) 68990-83-0 — ✓
Cedarwood oil Cedarwood oil (Virginia) 8000-27-9 — ✓
Cinnamon Cinnamon N/A — ✓ ✓ Cinnamon oil
Cinnamon oil 8015-91-6 — ✓ ✓
Citric acid 2-Hydroxypropane-1,2,3tricarboxylic acid 77-92-9 — ✓ ✓
Citronella Citronella N/A — ✓
Citronella oil Citronella oil 8000-29-1 — ✓
Cloves Cloves N/A — ✓ ✓
Clove oil Clove oil 8000-34-8 — ✓ ✓
Corn gluten meal Corn gluten meal 66071-96-3 — ✓ ✓
Corn oil Corn oil 8001-30-7 — ✓ ✓
Cornmint Cornmint N/A — ✓ ✓
Cornmint oil Cornmint oil 68917-18-0 — ✓ ✓
Cottonseed oil Cottonseed oil 8001-29-4 — ✓ ✓
Dried blood Dried blood 68991-49-9 — ✓
Eugenol 4-Allyl-2-methoxyphenol 97-53-0 — ✓
Garlic Garlic N/A — ✓ ✓
Garlic oil Garlic oil 8000-78-0 — ✓ ✓
Geraniol (2E)-3,7-Dimethylocta-2,6dien-1-ol 106-24-1 — ✓ ✓
Geranium oil Geranium oil 8000-46-2 — ✓
Lauryl sulfate Lauryl sulfate 151-41-7 — ✓ ✓
Lemongrass oil Lemongrass oil 8007-02-1 — ✓
Linseed oil Linseed oil 8001-26-1 — ✓ ✓
Malic acid 2-Hydroxybutanedioic acid 6915-15-7 — ✓
Peppermint Peppermint N/A — ✓ ✓
Peppermint oil Peppermint oil 8006-90-4 — ✓ ✓
2-Phenylethyl propionate 2-Phenylethyl propionate 122-70-3 — ✓
Potassium sorbate Potassium (2E,4E)-hexa-2,4- dienoate 24634-61-5 — ✓ ✓
Putrescent whole egg solids Putrescent whole egg solids 51609-52-0 — ✓ ✓ R
osemary Rosemary N/A — ✓ ✓
Rosemary oil Rosemary oil 8000-25-7 — ✓ ✓
Sesame Sesame N/A Includes ground sesame plant ✓ ✓
Sesame oil Sesame oil 8008-74-0 — ✓ ✓
Sodium chloride Sodium chloride 7647-14-5 — ✓ ✓
Sodium lauryl sulfate Sulfuric acid monododecyl ester, sodium salt 151-21-3 — ✓ ✓
Soybean oil Soybean oil 8001-22-7 — ✓ ✓
Spearmint Spearmint N/A — ✓ ✓ Spearmint oil
Spearmint oil 8008-79-5 — ✓ ✓
Thyme Thyme N/A — ✓ ✓
Thyme oil Thyme oil 8007-46-3 — ✓ ✓
White pepper White pepper N/A
— ✓ ✓ Zinc Zinc 7440-66-6 Zinc metal strips (consisting solely of zinc metal and impurities) ✓
If the tolerance exemption appears in…..
Then the inert ingredient may be included in a minimum risk product that is applied to: 40 CFR180.910 Growing crops or raw agricultural commodities after harvest. 40 CFR 180.920 Growing crops 40 CFR 180.930 Animals 40 CFR 180.940(a) Food-contact surfaces in public eating places, dairy- processing equipment, and food-processing equipment and utensils 40 CFR 180.940(b) Dairy-processing equipment, and food-processing equipment and utensils 40 CFR 180.940(c) Food-processing equipment and utensils 40 CFR 180.950 Any food-use site 40 CFR 180.960 Any food-use site 40 CFR 180.1071 One of the 14 specified use patterns appropriate for peanuts, tree nuts, milk, soybeans, eggs, fish, crustacea, and wheat.. 40 CFR 180.1087 Residues of the biorational nematicide sesame stalk in or on the raw agricultural commodities identified in the tolerance exemption. 40 CFR 180.1233 Potassium sorbate exemption from the requirement of a tolerance 40 CFR 180.1251 Geraniol exemption from the requirement of a tolerance
(5) All inert/other ingredients must be eligible for food use. See EPA’s Inert Ingredients Eligible for FIFRA 25(b) Pesticide Products (last updated December 2015), as the same may be updated and/or amended from time to time. See https://www.epa.gov/sites/production/files/2016-07/documents/section25b_inerts.pdf.
(6) The product must be a currently registered pesticide product eligible for sale in Rhode Island as determined by the Rhode Island Department of Environmental Management. To verify a product’s registration in Rhode Island, please consult the online National Pesticide Information Retrieval System through the Center for Environmental and Regulatory Information Systems. http://npirspublic.ceris.purdue.edu/state/state_menu.aspx?state=RI.
(7) The product must be used in accordance with any and all use instructions on the label.
c. No application of pesticides shall be made after the vegetative stage of growth of the cannabis plant. The vegetative stage of growth should be determined by visual buds or flower or by proxy of the plant receiving less than eighteen (18) hours of light in a twenty-four (24) hour period.
d. Pesticides shall be identified, held, stored and disposed of in a manner that protects against contamination of medical marijuana and marijuana products and in a manner that is in accordance with any applicable local, state, or federal law, rule, regulation, or ordinance.
e. As a DBR record-keeping requirement, compassion centers must keep detailed records of any pesticide products used and application regiments, including video recording during pesticide applications which must cease if there is a failure or disruption of the video surveillance system. This record-keeping requirement is independent of that required of commercial pesticide applicators by the Rhode Island Department of Environmental Management, and is intended to apply in addition to that requirement, where relevant.