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Consumer Product Safety

Incident Report

Subform I: General Information

1. Report Type.

New incident report

Incident Report Number: 2016-2437

2. Registrant Information.

Registrant Reference Number: 2016-IR-02

Registrant Name (Full Legal Name no abbreviations): E.I. du Pont Canada Company

Address: 1919 Minnesota Court

City: Mississauga

Prov / State: ON

Country: Canada

Postal Code: L5M 2J4

3. Select the appropriate subform(s) for the incident.

Domestic Animal

4. Date registrant was first informed of the incident.


5. Location of incident.


Prov / State: OHIO

6. Date incident was first observed.


Product Description

7. a) Provide the active ingredient and, if available, the registration number and product name (include all tank mixes). If the product is not registered provide a submission number.


PMRA Registration No.       PMRA Submission No.       EPA Registration No. 352-601

Product Name: Oust XP Herbicide

  • Active Ingredient(s)
      • Unknown

7. b) Type of formulation.

Dry Flowable (water dispersible granules)

Application Information

8. Product was applied?


9. Application Rate.


10. Site pesticide was applied to (select all that apply).

Site: Res. - Out Home / Rés - à l'

11. Provide any additional information regarding application (how it was applied, amount applied, the size of the area treated etc).

A hired company applied the product to gravel driveway to remove weeds. Significant rainfall occurred shortly thereafter and potentially moved product into other areas.

To be determined by Registrant

12. In your opinion, was the product used according to the label instructions?


Subform III: Domestic Animal Incident Report

1. Source of Report


2. Type of animal affected

Cat / Chat

3. Breed


4. Number of animals affected


5. Sex


6. Age (provide a range if necessary )


7. Weight (provide a range if necessary )


8. Route(s) of exposure


9. What was the length of exposure?

>1 mo <= 6 mos / > 1 mois < = 6 mois

10. Time between exposure and onset of symptoms

>2 mos <=6 mos / > 2 mois < = 6 mois

11. List all symptoms


  • General
    • Symptom - Death

12. How long did the symptoms last?

Persisted until death

13. Was medical treatment provided? Provide details in question 17.


14. a) Was the animal hospitalized?


14. b) How long was the animal hospitalized?

15. Outcome of the incident


16. How was the animal exposed?

Spray drift / Dérive de pulvérisation

17. Provide any additional details about the incident

(eg. description of the frequency and severity of the symptoms

Product was applied on May 27, 2015 20 acre horse farm (name) (stone) Vegetated along side areas Hired (company name refused by Ms. name) to clear her stone driveway of weeds Significant rainfall weeks after application caused efficacy concern Company claimed they used "Razor?" as well as two other unidentified products. June 17, 2015 first noticed damage to vegetation July 2, 2015 noticed entire yard was dying off on both sides "everywhere" July 8, 2015 called Dept. of Ag July 21, 2015 soil water samples taken by Dept. of Ag Ms. (name) claims that "Oust was only product detected all over property." Alleges that a horse and a cat deceased sometime after May 27, 2015 she stated that treating veterinarians determined animals (both) demise due to cancer Ms. (name) unsure of that diagnosis as she read that "Oust active can penetrate horse hooves." Water from cistern flowing caused damage to entire surrounding areas concerned with long lasting effects toxicology (horses) Also how product could penetrate concrete walls of cistern. Ms. (name) alleges that (unnamed) applicator "falsified" spray records. Incident Circumstances Per Reporter TruGreen was the applicator in this reported incident. Product was DuPont Oust XL (EPA Reg. No. 352601) There are a select number of TruGreens that are licensed for vegetation clearing which is why/how Oust was available. Approximately 48 hours after application, 34 inches of rainfall What we know is that Oust was applied to a driveway and runoff occurred and killed vegetation in an area where a horse and cat could have drank the ponded water. Horse may have consumed vegetation where dead areas developed. Samples sat for months after initial collection and were recently tested Soil samples had a level of 0 .676 ppb and 0.476 ppb. Water sample from the cistern and it was 34.43 ppb. The cistern is the only source of water for the property and reportedly has a chlorination system in place. Ms. (name)would like to know what these levels mean regarding health of the animals or humans? Possibility of OUST absorption into and through the hoof? Horse stood in it when wet as it ran thru the outdoor arena (seen in one of the photos). NOTE: Horse in question has had chronic foot issues for the last 6 years Incident deemed improper application/use of product by Dept. of Ag TruGreen cited Incident will not be reported by (state) Dept. of Ag due to product misuse. New water samples recently collected with results due later today Mr. (name) will get back to me regarding new results.

To be determined by Registrant

18. Severity classification (if there is more than 1 possible classification


19. Provide supplemental information here