Pesticide Labeling Questions & Answers - Termiticides
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(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)
A Do-It-Yourself retail store offers for sale a general-use termiticide product with the statement “For sale to, use and storage only by individuals/firms licensed or registered by the state to apply termiticide and/or general pest-control products." Is it "use inconsistent with the label” for a non-licensed home-owner to purchase and use the product? (LC08-0186)
It is not a Federal violation for an unlicensed individual to purchase a registered general-use product that bears the labeling referenced. It is a violation of FIFRA 12(a)(2)(G) for an individual who is not licensed by the state to use a product that bears the labeling referenced. In addition, it may be a violation of state law for an unlicensed individual to purchase products that include that labeling.
Note that for termiticide products, PR Notice 96-7 includes the preferred statement that should be used on termiticide labels:
“For use by individuals/firms licensed or registered by the state to apply termiticide products. States may have more restrictive requirements regarding qualifications of persons using this product. Consult the structural pest control regulatory agency of your state prior to use of this product."
- What is the difference between a guideline and requirement in regards to
use directions of common restricted-use termiticides? I have seen
conflicting reports on whether "Directions for Use" on the label are
considered a requirement (which are not subject to interpretation) or
whether they guidelines (which are subject to the interpretation.)
A guideline (a, principle, or piece of advice) is neither mandatory nor enforceable but rather is included on the label for the user's guidance. A requirement (e.g. something required through a regulation or adjudication like the act of registering a pesticide) is both mandatory and enforceable. Directions for Use are required to be on all pesticide labels. Certain statements in the Directions for Use section may be advisory and others are mandatory. Requirements or mandatory statements are written in a directive manner. The following are examples of language used in the Directions for Use to alert the user to a mandatory duty: such as (1) "Do not use ...," (2) "Users must...," and (3) "Apply at a maximum rate of ." Other statements may appear in the Directions for Use in an advisory manner e.g., descriptive or nondirective terms, such as "should," "may" or "recommend." See PR Notice 2000-5 concerning advisory versus mandatory language (http://www.epa.gov/PR_Notices/pr2000-5.htm). It is important to note that if any requirement under the Directions for Use is not followed, the user is using the product in a manner inconsistent with its labeling and is in a violation of FIFRA. See FIFRA section 2(ee).
- Questions and Answers on EPA PR Notice 96-7(LC06-0025):
- As used in EPA PR Notice 96-7 and appearing on termiticide labels,
what is the meaning of "do not apply at a lower dosage and/or
concentration than specified on this label for applications prior to the
installation of the finished grade"? In particular, does this refer
specifically to the concentration of termiticide in the spray mix and
volume of spray mix applied per unit area?
It refers to either. There is no reason for applying a lower concentration of termiticide active ingredient in the spray mix or a lower dosage than is specified by the label. Less volume of the end-use dilution may be applied as directed by the label. PR Notice 96-7 makes reference to soils that cannot accept the label prescribed volume of end-use dilution and includes language for labeling to address this condition. This language is found on the labels of all soil applied termiticide products.
At the finished grade, soil movement and manipulation is completed on the site and the house is build. As you know, sub-slab treatments take place according to label instructions before the "interior slab" is poured but after all interior grading is completed. Exterior perimeter applications should take place after final grading of the soil outside the foundation to insure that treated soil, hence the barrier or treated zone, is not disturbed. However, EPA has not defined the term "finished grade" on the label.
- Does this also require any particular extent
of coverage of horizontal or vertical surfaces or is this addressed
elsewhere in label instructions?
Treatment should be made as directed by the label to provide both a horizontal and vertical barrier. The extent of coverage is usually dependent upon what will cover the soil where the treatment is made i.e., slab floor, carport, etc.
- Do EPA regulations define partial treatment and full treatment as
they relate to termiticide treatments?
The regulations do not. PR Notice 96-7 describes a complete soil applied treatment as do the EPA approved soil applied termiticide labels. However, EPA approved a new type of full treatment for termiticide products in 2004. These products can be applied as a post-construction treatment known as an Exterior Perimeter/Localized Interior Treatment (EP/LIT) as directed by the label. These labels are very specific about how this treatment is to be made.
Generally speaking, a spot treatment is approximately 20% of the area to be treated.
- Has EPA approved labels for pre-construction termite treatments for
soil barrier termiticides that have permissive language in regard to
extent of horizontal or vertical treatment?
We are not aware of "permissive language" being approved for soil applied barrier products. As far as we know, EPA has only approved the language consistent with PR Notice 96-7 for pre-construction treatment. Some labels provide even more detail than the PR Notice. Please also refer to our response to Question #2 above.