Lowes Receives $35,000 Fine

LAKEWOOD, Colo. – An investigation by the Colorado Department of Agriculture into pesticides being sold at Colorado Lowes HIC, Incorporated stores has resulted in a $35,000 fine for the home improvement chain. Of the $35,000 fine, Lowes has paid CDA a total of $19,025; the final $15,975 will be suspended unless further violations are discovered.

“Lowes was selling a product, Tomcat Ground Squirrel Bait, that cannot legally be sold or used in Colorado,” said John Scott, CDA’s pesticides program manager. “These violations of the Pesticide Act spanned a number of years, and use of this product presents risks to wildlife, resulting in such a significant fine.”

All of the poison baits that can legally be sold or used on ground squirrels in Colorado are “restricted use” pesticides that can only be sold to and used by pesticide applicators licensed by CDA.

CDA inspectors first found Tomcat Ground Squirrel Bait being offered to customers in the spring of 2006 at two different stores resulting in two violations. Lowes quickly removed this unregistered rodenticide from store shelves and indicated they had fixed the problem. In 2008, CDA inspectors found the product on shelves in five different Colorado Lowes stores resulting in five violations.

In a written response to CDA, Lowes has indicated that according to their records, they believe that 54 units of Ground Squirrel Bait were sold in Colorado stores between June 6, 2006 and May 7, 2008. These sales were made after CDA’s original Cease and Desist Order and despite orders from Lowes headquarters to stop further sales.

If consumers believe they purchased Tomcat Ground Squirrel Bait and have questions concerning its application or possible damages, they are encouraged to contact Lowes or Laura Quakenbush with CDA’s pesticide program at (303) 239-4147. It was sold in pails containing three pounds of bait. Any remaining product should be returned to a Lowes store to make sure it is disposed of properly and to obtain a refund.

To learn more about CDA’s pesticide program, visit www.colorado.gov/ag/dpi and click on “pesticides programs.”