Bob Harrison said:

> James [Kilty] said in reference to use of formic and FGMO as *homeopathic*:

>> " I wonder if this is an incorrect use of the term to
>> persuade us it is valid."

> The term was widely used at the ABF convention (2003 K.C., Missouri) by
> many people (even members of the bee inspectors)...

I think that we can ignore the use of the highly inaccurate term "homeopathic"
as nothing more than an honest attempt to describe FGMO as "non-toxic".  It is
true that terminology can often frame a debate, but I doubt that anyone would
think FGMO "benefits" in any way from being called "homeopathic".  Most
deliberate attempts to gain legitimacy involve wrapping one's views in the white
lab coat of Science rather than the tie-dyed tee-shirt of "alternative medicine".  :)

> I have been told both the EPA & FDA monitor the BEE-L list. Would a rep from
> one or both please say "yes" or "no" or "under these conditions" to the
> private use U.S.A. legal issue?

Don't hold your breath - neither the EPA or FDA are allowed to make such
comments outside the context of a specific "application" for a label and/or
approval.  Employees of either would be fools to start posting what would
only be described as "personal views".

> "Use of formic acid or FGMO when used as a pesticide becomes a pesticide
> in the eyes of the EPA".

Sales of ANYTHING as a pesticide requires EPA approval - check out the
bottles of Garlic-based and Red Pepper-based mixtures marketed as
pest repellents.  This is a clear-cut case, since garlic and red pepper are
clearly "food".  The problem with a paternal government is that they don't
know where to draw the line between good regulations (like seat belts) and
silly ones (like the need to "register" garlic).

> However when there is no label then the homeowner can use as he/she sees
> fit BUT NOT for others. You can not sell the product as a pesticide without
> EPA label registration. Although I have listened to those on the list which
> say "private use of formic acid or FGMO is illegal"...

The EPA has multiple concerns, like  "effectiveness", "risk to people", and "risk
to the environment".  When one uses a substance "off label" as a pesticide,
the "illegal" aspect would likely be a technical violation of an existing environmental
regulation.  A good example would be spraying motor oil as a "dormant oil" on
budding trees.  You simply can't go spraying motor oil hither and yon, even if
you only spray your own trees.

In the specific case of Formic, there really are no "environmental" concerns,
and the safety issues are nothing more that a simple matter of education, so
the result is two statements, both accurate:

   In general, personal use of random unapproved substances
   as pesticides can be illegal.

   In specific, use of Formic Acid (assuming careful handling and
   following of OSHA regulations) would be nearly impossible to
   "prosecute", given the lack of "a cause of action" in the
   form of a violation of some existing regulation.

                jim

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