Pesticide Labeling Questions & Answers - Use Sites
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)
For commercial seed treatments, is the treated seed considered a pre-harvest use? BPPD has taken a position that commercial seed treatments are a post-harvest use, and we are looking for some clarity.
In a generic example, if the active ingredient and all the inert ingredients in a pesticide formulation are exempt from the requirement of a tolerance under 40 CFR 180.910, 180.920 and 180.950, is it necessary to use a dye for commercial seed treatments? What if an ingredient is only cleared in 180.920 (preharvest use only), is a dye required for commercial seed treatment? LC14-0813; 12/15/14
In accordance with 40 CFR § 153.155(a), “[p]esticide products intended for use in treating seeds must contain an EPA-approved dye to impart an unnatural color to the seed, unless appropriate tolerances or other clearances have been established under the Federal Food, Drug and Cosmetic Act for residues of the pesticide.” Seeds can either be planted in order to derive a food commodity that is grown from the seed, or can be a food crop if they are to be used directly as food or feed. The inert tolerance exemptions found in 40 CFR 180.920 for pre-harvest uses apply to formulations applied to growing crops only. Because seed is not a growing crop when it is treated, an exemption under 40 CFR 180.920 is not sufficient to escape the requirement to include a dye in the pesticide product used for the treatment.
How is "greenhouse," as a use site, defined by EPA? Would EPA consider cold frames to be greenhouses? (LC10-0393; 3/3/11)
For the purposes of the Worker Protection Standard (WPS), 40 CFR 170.3 defines "greenhouse" as "any operation engaged in the production of agricultural plants inside any structure or space that is enclosed with nonporous covering and that is of sufficient size to permit worker entry. This term included, but is not limited to, polyhouses, mushroom houses, rhubarb houses, and similar structures." EPA has not defined "greenhouse" in the context of use sites but the WPS definition is instructive. If a cold frame is enclosed with nonporous covering and is large enough to permit worker entry, it would likely be considered a greenhouse.
Cleanout and disinfection of crawl spaces (area underneath houses) is a new service being provided by a number of PCO companies. We are having difficulty determining whether disinfectants can legally be used in crawl spaces. Often the sites on disinfectant labels are very broad and seem to allow treatment in any area of a structure (including the crawl space), but then the specific directions only cover areas with non-porous surfaces inside of a structure. It would be helpful for EPA to address this new use pattern and in the meantime we would appreciate some guidance on when disinfectants with current labels can be used in crawl spaces. (LC08-0176; 10/18/08)
The Agency does not have a standard definition for crawl spaces. As a result, the user must refer to the label of the disinfectant product to determine whether the product can be used to treat crawl spaces. Typical components of a crawl space include ground and bare wood. The Agency considers these surfaces to be porous surfaces. These types of surfaces cannot be treated unless the label contains directions that would allow the product to be used to disinfectant porous surfaces. If the label has language limiting applications to hard non-porous surfaces, application to a crawl space with porous surfaces would not be permitted.