Pesticide Labeling Questions & Answers - Miscellaneous
If you don't find an answer to your question on this page, submit your question here. You may also use this form to report any problems you encounter with the Label Review Manual.
Provide your contact information if you need a reply. We may add your question to this page, if it is of general interest.
(Note: Contact your Pesticide Product Registration Ombudsman for specific label issues about a single product).
These answers are not intended to create significant new guidance or require any changes to previously accepted labeling. The Agency will contact registrants directly about how to correct problematic labels as appropriate. Changes to EPA accepted labeling will only be required in accordance with standard agency procedures. These answers are primarily based on federal law, regulations and policies implemented by EPA. States, tribes, territories, and other federal agencies may have additional requirements relevant to their jurisdictions.
- Advertising Claims
- Antimicrobial Claims
- Contract Manufacture
- Use Sites
- Definitions of Terms
- Distributor Product Labeling
- Exception to Use in a Manner Not Permitted (FIFRA Sec 2ee)
- Existing Stocks
- General Labeling
- Labeling from Web Sites
- Multiple Products Packaged Together
- NAFTA Labeling
- Pesticide Exemption (FIFRA 25B)
- Pictures and Logos
- Repacked Products
- Service Containers
- Subject to FIFRA
- Superlative Terms
- Supplemental Labeling (NOT distributor products)
- I understand that per PR Notice 2012-1 that FIFRA labels are exempt from GHS labeling requirements. What about a combination product that contains fertilizer as well? Does the label need pictograms for the fertilizer components? LC13-0639; 07/02/13
The Globally Harmonized System of Classification and Labeling of Chemicals (GHS) is a internationally agreed-upon system for classifying and labeling chemicals in a consistent manner. The GHS does not itself impose any labeling requirements on products in the United States, but the United States has revised some U.S. labeling systems, such as OSHA’s Hazard Communication Standard, to incorporate the GHS. As explained in PR Notice 2012-1, pesticide labels approved by EPA pre-empt OSHA’s labeling requirements in their Hazard Communication Standard.
A combination product that contains a pesticide and a fertilizer is regulated as a pesticide product under the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), and must bear labeling that meets FIFRA requirements for the whole product. EPA has not incorporated the GHS into its FIFRA labeling requirements and the pesticide product must be labeled in accordance with 40 CFR Part 156 for all components of the product.
Note that pesticide products may still be subject to the OSHA requirement to develop a Safety Data Sheet (SDS) based on the GHS. PR Notice 2012-1 explains how to address inconsistencies between GHS and FIFRA precautionary language in SDSs that accompany pesticides.
- Where can I find guidance regarding the use of fragrances in pesticide products especially any limitation for conventional products? LC13-0635; 06/10/13
There is limited guidance available at this time regarding the use of fragrances in pesticides. In December 2012, EPA published guidance for registrants seeking to add new or modify existing fragrances by the notification process. This guidance is located at www.epa.gov/opprd001/inerts/fragrancenote.pdf. The guidance indicates the requirements necessary to qualify under this program, including the list of fragrance components that are covered, http://www.epa.gov/opprd001/inerts/fmaingredient.pdf. Although this document is posted on the AD web site, it is guidance applicable to all three regulatory divisions, AD, BPPD and RD. If you need guidance in that area, you should contact the appropriate PM team.
- If we are using an OMRI registered Neem Oil to make an Organic Neem Oil Insecticide, do we need to register the product with EPA? LC13-0603; 03/25/13
Certification from the Organic Materials Review Institute (OMRI) is not germane to whether a pesticide product requires registration. All pesticide products require registration unless they are explicitly exempted from registration under FIFRA, such as in the case of minimum risk pesticides exempted under FIFRA 25(b) (40 CFR Part 152.25(f)). Neem Oil is not an exempt active ingredient under 152.25(f), and is currently registered with the Agency in many pesticide products. OMRI certification is only relevant to Agency consideration when a registrant seeks to make an organic label claim on a registered pesticide product. In that case, a registrant seeking to make an OMRI claim can follow the procedures in Pesticide Registration (PR) Notice 2003-1 (Labeling of Pesticide Products under the National Organic Program): http://www.epa.gov/PR_Notices/pr2003-1.pdf.
- Will the new OSHA rule concerning Safety Data Sheets (SDSs)
override FIFRA and require the registrants to change pesticide product labels also? LC12-0565; 10/08/12
No. FIFRA labels approved by EPA pre-empt OSHA’s label requirements, so the OSHA rule does not require registrants to amend their FIFRA labels. However, OSHA’s rule will require manufacturers to update their SDSs and where SDSs accompany pesticides they are considered labeling under FIFRA. EPA has issued guidance on how registrants can ensure that their updated SDSs are not inconsistent with their approved FIFRA labeling in Pesticide Registration Notice 2012-1, http://www.epa.gov/PR_Notices/pr2012-1.pdf (11 pp, 678K, About PDF)
- If a facility applies a pesticide label to an empty container does it need to be done at an EPA-registered establishment? The pesticide substance would not be put into the labeled container in this facility. The filling of the containers would be done at a later date at a different facility that is an EPA-registered establishment. LC12-0551, 08/15/12
40 CFR 167.20(a)(1) requires that any establishment where a pesticidal product is produced be registered with EPA. A pesticidal product is defined as “a pesticide, active ingredient, or device.” 40 CFR 167.3. The act of applying a pesticide label to an empty container, for the purposes of sending it to another location for filling, does not constitute production of a pesticidal product because there is no pesticide, active ingredient or device involved. Therefore labeling an empty container as described does not have to be done in a registered establishment. In contrast, applying a label to a container that has been filled with a pesticide is considered production and must be done in a registered establishment. Also note, that empty pesticide containers may be subject to other FIFRA requirements under some circumstances, such as, distribution of used pesticide containers that contain pesticide residues or where the prospective buyers expect to receive full containers.
- Section 156.140 (a)(4) requires a batch code to be included on the label. For small items such as ready to use bait stations, where there is limited space on the station label which is not for individual sale, and references the outer packaging, it is ok to have the batch code only on the outer packaging? Or do the individual stations needed to contain the batch code? LC11-0478; 11/09/11
40 CFR 156.10(a)(4) requires that the label appear on or be securely attached to the immediate container of the pesticide product so that it can reasonably be expected to remain affixed to the pesticide's immediate container during the foreseeable conditions and period of use. For products such as bait stations, the immediate container of the pesticide product is considered by the Agency to be the bait station itself because EPA expects the outer container holding the individual bait station(s) prior to use to likely be disposed of once the bait stations have been removed from the outer container to then be put out for use. 40 CFR 156.140 requires certain statements, including a batch code, be placed on the label or container. Therefore, the batch code would need to go on the bait station which would in this instance be the immediate container, either directly on the bait station or on a label that is attached securely to the bait station, rather than on a secondary outer container that would likely be discarded before the actual bait station is used or during its use. The intent of the batch code requirement is to allow for the tracing of defective products back to the place of manufacture, and identification of other products manufactured as part of the same batch.
- How can I find out the country where a pesticide is produced? LC11-0472; 10.14.11
All pesticides sold in the U.S. must be produced in an establishment that is registered with EPA. The pesticide producing establishment must appear on the container of the pesticide. The pesticide producing establishment number is the company number of the producing establishment, followed by the code of the state or country where the establishment is located, followed by the number of the establishment located in that state or country. As an example, for the establishment number 1234-NY-02, 1234 is the company number of the establishment, NY indicates that the establishment is located in New York state, and 02 indicates that the establishment is the second establishment of that company registered in New York state. Pesticides that are produced in the U.S. bear a 2-letter state code and foreign establishments bear a 3-letter country code. Foreign country codes may be found at the following web site: http://www.epa.gov/compliance/resources/publications/monitoring/fifra/fgnestablishments.html
The establishment number on a product is the number of the last establishment where production activity took place. Production activity may have occurred in several previous establishments. Beyond the requirement to include the last establishment, EPA has no requirement to list the country of origin on pesticide labeling.
- I cannot find any info on the pesticide groups. For example, Admirre 2 flowable insecticide has group 4A. What is the list and what does each indicate? LC11-0465; 11.30.11
Pesticide groups such as Group 4A refer to resistance management of target pests. Each group identity is based on the mode or target site of action of the pesticide on the pest. Herbicides, fungicides, bactericides, insecticides, and acaricides are separately grouped by various technical/research committees consisting of researchers, university extension specialists, regulatory officials and the pesticide industry. EPA based its mode/target site of action groupings for pesticide labeling on those previously defined by the following industry technical committees: Herbicide Resistance Action Committee (HRAC), Fungicide Resistance Action Committee (FRAC), and Insecticide Resistance Action Committee (IRAC). Information on each of these organizations, the mode/target site of action groups, and recommended resistance management strategies may be found at the following web site; http://www.gcpf.org .
Pesticide companies are not required to include resistance management labeling and mode-of-action (group) identification on their product labels, however, they are strongly encouraged to do so. EPA's Office of Pesticide Program's Resistance Management Work Group is currently working on updating the website regarding this effort.
- Regarding Net Contents: Is it ever permissible to use both volume AND weight on the container label for a liquid product? For example: "Net Contents: 250 gal (851 kg)". Background: In an industrial setting, large containers (>= 50 gal) are filled more accurately gravimetrically (by weight) rather than by volume. Although the conversion can be made mathematically (using the known specific gravity of the product), providing the operator with a pre-calculated weight right on the label would reduce the chance for error. LC11-0463; 11.30.11
According to 40 CFR 156.10(d)(2), The net contents of liquid formulations must be expressed in terms of liquid measure at 68º F(20º C): gallons, quarts, pints or fluid ounces. However, the CFR does not restrict additional information about the net contents other than providing that the net contents may also be stated in metric units in addition to the required units specified. Therefore, it would be permissible to include both volume and weight so long as it is not done in a false or misleading manner.
- Where the registrant proposes to add bilingual labeling to their existing pesticide label, must the type size of the translation for "Keep Out of Reach of Children" be the same as the English language type size? The type size for translation of the Signal Word would be the same as the English but what are the requirements for additional translated statements since the Spanish translation is optional and "not necessary". LC11-413; 5/19/11
According to 40 CFR 156.10(a)(3), where non-English text is required by the Agency to be included in labeling, all the requirements that apply to English apply equally to the non-English text. The Agency also allows other languages to optionally be included in labeling if they are true and accurate translations of the English. See PR-N 98-10. When non-English text is included optionally, there are no requirements on how it is presented, but EPA recommends that it be no smaller than 6-point type to allow legibility.
- If the PPE section on a chemical’s MSDS states that an applicator should wear a particular article of clothing, would that be considered a recommendation or a requirement?
It would appear that the use of the word "should" instead of "must" in the MSDS would indicate a preferred method of PPE, but not a requirement. LC10-0374; 1/6/11
EPA does not generally review MSDSs and they need not be approved by EPA before being distributed. If, however, the MSDS accompanies the pesticide at any time, it is considered labeling and must not conflict with the labeling EPA has approved for the pesticide product. If there is a conflict between the EPA-approved labeling and the MSDS, the pesticide product may be misbranded. For example, if a product has different mandatory PPE requirements on its label and its MSDS, the product may be misbranded. If the approved labeling indicates mandatory PPE requirements and the MSDS recommends more protective PPE, EPA may determine that there is no conflict. Generally, however, the PPE requirements on a product's label must be followed and overrule any differing requirements that may appear on an MSDS. If you have a case such as this, please inform the Agency and we will investigate whether corrections are necessary.
Regarding listing net contents - if you have a carton that contains a number of individually packaged/labeled units (small size packets of a liquid product), what should the net contents of the carton state? Note, the carton is the unit of sale. The individually packaged/labeled units are not sold separately. Should the net contents of the carton state the number and weight of the individual units (i.e., contains 20 X 5 ounce packets), or the overall net weight of the carton (i.e. 6.25 lbs) or both? LC10-0357; 06/02/10
Net weight or contents must be stated on a pesticide label in accordance with FIFRA (2)(q)(2)(C)(iii) and 40 CFR 156.10(a)(1)(iii). EPA interpretation of the statutory and regulatory requirements is that the label must state the total weight for the entire contents as sold and distributed. In addition, the label may indicate the net weight and quantity of individual units within the carton. For example, "Net Weight 6.25 lbs. (20 - 5oz. packets)." For additional information regarding the Net Weight/Contents statement, please reference Chapter 17 of the Label Review Manual at http://www.epa.gov/oppfead1/labeling/lrm/chap-17.htm.
- Can EPA require a registrant to place a statement on the label regarding places where a pesticide's use has been banned? For example, if a particular city/town/state/reservation has banned the use of a particular pesticide, can EPA require the label to indicate so? (LC10-0348; 7/21/10)
Whether EPA can require labeling language about state, local or tribal restrictions depends upon specific facts related to individual products and the applicable bans. But generally, EPA believes FIFRA provides the authority to require such statements.
For a registered pesticide being exported, does the label have to state the country of origin (“Product of”)? What information about the manufacturer or producer must be stated on the export label? LC09-0312; 3/11/10
The regulations concerning the labeling of pesticides for export (40 CFR 168.65) need to be consulted. The regulations do not require a “country of origin” statement. The regulation includes a requirement that “The name and address of the producer, registrant (if any) or the person for whom the pesticide was produced, must appear on the label.” In addition, the label must include, among other things, the EPA pesticide producing establishment number, appropriate warning or caution statements, the ingredient statement, and the net weight. Warning and caution statements, including the word “Poison” where necessary, and the ingredient statement must appear in English, in an acceptable language of the country of import and in an acceptable language of the country of final destination if known or reasonably ascertainable. 40 CFR 168.65(b)(4). In order for the pesticide to be treated as registered for purposes of FIFRA section 17(a)(1), among other requirements, the label and labeling approved under a current FIFRA section 3 registration must be attached to the immediate product container or accompany the product at all times. 40 CFR 168.65(b)(1)(iii)(A)(1).
Are there any data requirements for making plant health and yield increase claims on a pesticide label? LC09-0271; 6.26.09
Currently there are no data submission requirements specified for claims related to plant health or yield increases. EPA considers these types of claims to be efficacy claims and does not routinely require applicants to submit efficacy data for pesticides intended to control plant pathogens, non-public-health insect pests or weeds. While submission of data is not generally required for non-public-health pesticides,” 40 CFR 158.400(e) states "each registrant must ensure through testing that his product is efficacious when used in accordance with label directions and commonly accepted pest control practices." In other words, testing to ensure efficacy is required but data need not be submitted to EPA for non-public-health pests. EPA may, on a case-by-case basis, require submission of such efficacy data for non-public-health pesticides when necessary to evaluate whether the pesticide meets the standard for registration. This registration evaluation includes determining whether the composition of the pesticide warrants the proposed claims for it, the pesticide's labeling complies with all applicable requirements (e.g., is not false or misleading), and the pesticide will perform its intended function without unreasonable adverse effects on the environment. See FIFRA sec. 3(c)(5).
Are pesticide manufacturers exempt from the Occupational Safety and Health Administration's (OSHA) requirement to provide a Material Safety Data Sheet (MSDS) with their product? (LC09-0249; 5.27.09)
The hazard communications requirements of OSHA found at 29 CFR 1910.1200 include requirements for labeling and the provision of an MSDS as specified in the regulation. 29 CFR 1910.1200(b)(5)(i) specifically excludes pesticides from OSHA’s labeling requirements but not the requirement to obtain or develop an MSDS as necessary under 29 CFR 1910.1200(g). See 29 CFR 1910.1200(g) or contact OSHA for specific details on when an MSDS is necessary.
Nothing in the Federal Insecticide Fungicide and Rodenticide Act (FIFRA) or its implementing regulations exempts pesticide manufacturers from the hazard communications requirements of OSHA. EPA has described how MSDSs interplay with pesticide labeling in PR-Notice 92-4. More specifically, under FIFRA’s definition of labeling, an MSDS that accompanies a pesticide product is labeling subject to FIFRA’s misbranding provisions (see FIFRA §§ 2(q) and 12(a)(1)) and must not conflict with EPA-approved pesticide labeling.
In addition to EPA's required label for a pesticide, can the manufacturer add additional information, especially regarding worker health and safety? (LC09-0248; 5.27.09)
All labeling – all written, printed or graphic matter attached to, accompanying or referenced on a pesticide product – must be approved by EPA. If a manufacturer wishes to add additional worker health and safety information to labeling beyond that which is required by FIFRA, he must submit the information to EPA for approval. The additional information may not be false or misleading or detract from the information required by FIFRA and must be part of the draft labeling submitted as part of an application for a new registration or as an amendment to an existing registration. Only when EPA approves the labeling may the information appear on the label of the product.
Does a pesticide need to have an expiration date stamped on the label or bottle even if it doesn't expire? What are the regulations for this? (LC09-0244; 3/25/09)
Pesticides aren’t required to have labeled expiration dates unless it is determined that the formulation significantly changes chemical composition (40 CFR 156.10(g)(6)(i)). A one-year storage stability study is one of the product chemistry data requirements that a pesticide product must satisfy in order to obtain a registration (40 CFR 158.310, Guideline No.830.6317 or 40 CFR 161.190, Guideline No. 63-17, as appropriate). If the results of this study show that the product will not remain stable for a one-year period, then an expiration date may be required. If an expiration date is required the following statement must be placed in a prominent position on the label: ‘‘Not for sale or use after [date].’’
Specifically in regards to use sites that are going to be eliminated through amendment to terminate a use or uses due to a Data Call-In (DCI) or other EPA mandate; do you have to wait until the label is formally amended at the EPA and stamped approved before you begin removing these use sites from your marketing label? (LC08-0207; 9/22/08)
A registrant may distribute or sell a product under labeling bearing any subset of the approved directions for use, provided that in limiting the uses listed on the label, no changes would be necessary in the precautionary statements, use classification or packaging. [40 CFR 152.130(b)] If a registrant intends to amend its registration to terminate a use in response to a DCI, the use could be removed from the marketing label at any time in advance of the use termination amendment as long as the removal doesn't trigger any requirements to change precautionary statements, use classification or packaging.
We received a recent inquiry regarding the "stickering-over" of an incorrectly printed EPA Reg. Number. What is US EPA's official guidance on such a request? (LC08-0172; 5/15/08)
Stickering-over an incorrect EPA Reg. Number is permitted provided the stickering-over is carried out in a registered establishment and is reported as relabeling in the establishment’s end-of-year report. See 40 CFR Part 167 for more information on registered establishments and reporting requirements for them.
In PR 2000-5, EPA states that label advisory statements can only be added or changed by amendment. It is silent on how to delete advisory statements. A previous PR Notice, 95-2, states that advisory statements can be deleted by notification. Is this still the case? (LC08-0175; 5/15/08)
PR Notice 2000-5 states that label advisory statements can only be added or changed by amendment, but does not specifically mention deletion of advisory statements. An earlier PR Notice, 95-2, states that adding, revising or deleting advisory statements may be accomplished by notification. However, a later PR Notice, 98-10, modified PRN 95-2 by stating that any advisory statements required by EPA may not be deleted by notification. With regard to deleting advisory statements the questioner is correct that the latest PR Notice, 2000-5, is silent on the issue and therefore we conclude that the earlier PR Notices 95-2 and 98-10 are both still applicable. Registrants may continue deleting non-required advisory statements by notification. However, PR Notice 98-10 is also still applicable in that advisory statements required by EPA (for example, a ground water advisory) may not be deleted by notification and therefore may only be deleted by amendment.
If a facility is blending chemicals to make a fungicide cleaner; what labeling requirements pertain to the actual blending tanks and associated piping, if any? (LC08-0166; 5-15-08)
EPA, under FIFRA and its associated regulations, does not generally regulate labeling of blending tanks and associated piping used in the production of a pesticide by a registrant. Therefore, unless one of the tanks holds a registered pesticide no labeling would be necessary for the blending tanks and piping under FIFRA. If one of the tanks holds a registered pesticide, the tank would have to bear the label of the product. Labeling for the end product must be present when the end product is released for shipment. The production facility and/or the blending tanks and related piping may be subject to other EPA regulations or other federal regulations such as those promulgated by OSHA. Note that this answer addresses blending tanks in a manufacturing setting to produce a registered end-use pesticide and is not intended to address custom blenders or refilling establishments. See the Aug. 16, 2006 Standards for Containers and Containment Final Rule (71 FR 47330) for more information on requirements for these activities.
May the claim "New" be used on a pesticide label? If so, how long after registration is granted may the claim "new" be used on the label? (LC08-0160, 3/12/08)
The claim “new “may be used on a pesticide label. The label review manual (LRM) provides guidance that the term may be used on labeling of a product of new composition for a period of 6 months following approval of the label. The term “new” may not be a part of the product name as it would be false or misleading after some period of time. See 40 CFR 156.10(b).
Does FIFRA provide for States to delegate the responsibility for enforcing the requirements of FIFRA to town-, city-, or county-level units of government? (LC08-0153, 1/24/08)
Section 26 of FIFRA designates a State as having primary enforcement responsibility for pesticide use violations when the State has met certain criteria including adopting and implementing adequate procedures for enforcement. See FIFRA § 26(a). Most states have entered into cooperative agreements with EPA and have EPA-approved plans for enforcement under section 26(b) of FIFRA. Section 26 of FIFRA is silent on whether local government shall or may be involved in enforcement. In some cases, the State Lead Agency may work with local levels of government to enforce the use of pesticides or may delegate enforcement authority to local agencies. These State-by-State procedures will be based on the State Lead Agency’s state authority to delegate their responsibilities under FIFRA to local entities.
Does EPA allow the use of "dermatologist-tested" or "hypo-allergenic" on pesticide products? LC08-0142; 1/17/08
We are concerned about the terms "dermatologist-tested" and "hypo-allergenic." Such terms could be misleading in accordance with 40 CFR 156.10(a)(5). "Dermatologist-tested" is likely misleading in that it implies that a medical doctor has conducted studies with human subjects and those studies showed use of the product is safe. OPP would not allow such a statement unless it was properly qualified so that it is not misleading and adequately substantiated with data. We currently do not require or have protocols dealing with dermatology studies so acceptance of such data would be on a case-by-case basis. Similarly with respect to the term "hypo-allergenic," such a claim would have to be substantiated with data and appropriately qualified so that it does not misleadingly imply safety. Currently, there are no data requirements to validate such a claim on a pesticide label. Such claims whether on the label or labeling (collateral promotional items tied to the product) would be subject to 40 CFR 156.10. Note that testing with human subjects must comply with the requirements of 40 CFR Part 26, Protection of Human Subjects.
If no restrictions are mentioned in a product label, can it be assumed that there aren't any rotational or planting restrictions? Or is there a standard default when no specifics are given? LC08-0151; 1/17/08
If a pesticide is registered on an agricultural crop(s) and there are no restrictions on the product label concerning when rotational crops may be planted or any other planting restriction intervals, such as crop failure, then it would not be a violation of FIFRA to plant new crops at any time.
What regulation or code specifically forbids the use on labeling of quantities of pesticide product that are greater than the packing contains? LC08-0137; 12/13/07
There is no specific citation either in FIFRA or the 40 CFR that forbids the use on labeling of quantities of pesticide product that are greater than the package container. However, such practice may be misleading to the consumer and, therefore, could be subject to the false and misleading provisions found in 40 CFR 156.10(a)(5). In addition, the Label Review Manual (LRM) chapter 11 advises against directions for use that call for use of more than the net contents of the product’s container.
How do I get a letter certifying that my pesticide product is registered in the United States? (LC07-0088)
The agency often certifies that a product is registered under the Federal, Insecticide, Fungicide and Rodenticide Act and as such may be sold and marketed in the United States. A true and correct copy of the product label in question accompanies the certifying letter. It is used by registrants to show to requiring foreign countries that their product is registered in the United States. This certification is often referred to as a "Gold Seal" letter (it carries a gold seal embossed with the EPA logo). You may send a letter requesting a copy to the Product Manager for the registration in question. If you do not know the Product Manager you may send it to the registering division.
Can the agency provide companies guidance on the appropriateness of printing older version marketing / container labels when newer versions have been approved by EPA. Since the label approval process is significantly delayed in CA, companies typically will continue to print older version labels despite having more recent versions approved by EPA, to ensure the product can be moved into CA (i.e., If the newer label is not yet approved in CA, product bearing the newer label can't be distributed or sold in CA. Companies don't or can't segment their inventory of product bearing 2 different labels . Therefore, companies typically print older version labels until CA has approved the newer version. At that point, they will print the newer version labels). (LC07-0085)
The general rule that the Agency uses in addressing use of previously approved labeling can be found in 40 CFR 152.130. As to situations where the registrant initiates the amendment, 40 CFR 152.130(c) states: “Normally, if the product labeling is amended on the initiative of the registrant, by submission of an application for amended registration, the registrant may distribute or sell under the previously approved labeling for a period of 18 months after approval of the revision, unless an order subsequently issued by the Agency under FIFRA sec. 6 or 13 provides otherwise….”. While this section does not specifically address printing of product labels, one can factor that in when determining the 18 month date and anticipated approval by state agencies.
Does EPA's web site have a page that shows each registered product and its version ID? (LC06-0063)
The only Web site operated by OPP which has labeling is the Pesticide Product Label System (PPLS). This system is a collection of images of pesticide labels which have been approved by the Office of Pesticide Programs (OPP) under Section 3 of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). The collection contains the initially approved label for pesticide products registered under FIFRA as well as subsequent versions of labels which have changed via amendment or notification. The label images are indexed by EPA registration number and the date on which the label was initially registered or amended.
In addition to the stamped approved labels this collection contains any associated correspondence about the terms of registration, specifying any changes which the registrant was required to make in the final printed label. Because some label amendments address only portions of the label, you may have to review several labels for a single product to determine the complete terms of registration.
Please note that the system does not capture every version of every label.
The collection does not identify those products which have been subsequently canceled or transferred, but rather identifies each pesticide label as it appeared at the time that it was approved.
Can a fungicide be applied to an ornamental species not listed on the label to control a target disease listed on the label? Can a fungicide be applied to a food crop species not listed on the label to control a target disease listed on the label? (LC06-0061)
1) If the product label lists only specific ornamental species, then only those species are the labeled use sites (crops). If however, a label should state: "For use on ornamentals, such as [listing of several specific species].", then the product could be used on all ornamentals.
2) Regarding food crops, we must consider established tolerances for the active ingredient pesticide. A pesticide label will only list food crops for which a tolerance or an exemption from the requirement of a tolerance has been established. Sometimes, if a crop grouping has an established tolerance or exemption from tolerance, the label might list the crop group, for example, "For use on stone fruits, such as cherries, nectarines, peaches and plums." This would allow for the product's use on all crops in the stone fruit crop group for which a tolerance or exemption had been established. Therefore, if the label does not list a crop group, then application of the pesticide product is limited to only those food crop species listed on the label.
- Are their any federal or state requirements that limit and/or ban the
retail sale of fertilizers (with or without pesticides) if the bag or
container is torn or ripped? If so, does the restriction apply to bags
or containers that have been taped or somehow repaired? I believe the states
of Texas and North Carolina have a restriction based on weights and
Fertilizers by themselves do not fall under the Federal Insecticide, Rodenticide and Fungicide Act (FIFRA). Fertilizers mixed with pesticides are subject to FIFRA. While torn or ripped bags are not covered per se in the act or regulations there are several parts of the Act that could be applicable depending on the circumstances. FIFRA 2(q)(2)(C) define misbranded, in part, as "... through which the required information on the immediate container cannot be clearly read, ." So if part of the label is missing or if tape covers up the label or makes it illegible, it could be misbranded. It could also be misbranded if the amount remaining in the bag is significantly different from what is listed on the label. If foreign matter was introduced to the package, the pesticide could be adulterated and therefore it may be unlawful to sell or distribute the pesticide under FIFRA § 12(a)(1)(E). In addition, FIFRA 12(a)(2) makes it unlawful for any person to detach, alter, deface or destroy in whole or in part, and labeling required under the Act. Any repackaging would need to occur in an EPA-registered establishment according to 40 CFR Part 167. For state-specific requirements, contact the applicable state agency.
Can a product with an EPA registration number and an EPA establishment number be sold to any state? (LC06-0020)
In general, an EPA registration is a national license to market a pesticide product, and thus, under federal law, may be marketed in any state. However, in most cases, states also require registration of pesticide products under state law as a condition of sale and use. Thus, marketing a pesticide usually requires a state registration in addition to the EPA registration. The agency responsible for pesticide regulation in each state is the best source of information on their current requirements. Links to these state agencies can be found on EPA's pesticide program website at www.epa.gov/pesticides.
Can misspelled words (e.g. "ration" instead of "ratio") be corrected on a label after the label has been approved? Does EPA need to be notified? (LC06-0023)
After a label has been approved, misspelled words may be corrected without notifying EPA. According to Pesticide Registration Notice 98-10 "Correcting typographical and printing errors in labeling as well as changes in grammar and/or phrasing that do not change how the product will be used (e.g., adding and/or changing prepositions) are permitted by non-notification, provided that the use directions, signal words or requirement for child-resistant packaging do not change and that the format is consistent with Agency labeling requirements. Any corrections which result in changes in use directions, use precautions or the ingredient statement must be submitted as a notification or an amendment as described in this PR Notice."
- On labeling for devices there are a variety of items in the marketplace
with a wide range of latitude when it comes to label requirements under Part
156. My example deals with fly paper and glue boards. Does the glue need to
be listed as an ingredient? If yes, does the fly ribbon/paper of the
cardboard on the trap need to be listed? (LC06-0005)
Flypaper and glue boards are typically considered devices. 40 CFR part 152.500 states that devices are not required to be registered under section 3 of the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA). Devices are, however, subject to the misbranding provisions of section 2 (q)(1) of FIFRA. In addition, devices must bear the EPA Establishment Number of the establishment where they were produced. In the example you cited, the glue does not need to be listed as an ingredient.