Pesticide Labeling Questions & Answers - Existing Stocks
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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)
9. Existing Stocks
40 CFR 152.130 and the Existing Stocks Policy (56 FR 29362) create a general 18-month period to distribute or sell products with existing labeling following approval of a voluntarily amended label. Frequently EPA’s approval of the voluntarily amended label will direct the registrant to use this newer language at the next production or within 18 months. New production after the 18-month window requires that labels use the newer text. However, in many instances certain states (CA/NY) may take significantly longer to approve the newer text. (LC07-0094)
1) Can registrants continue printing older version label language (at the next production but within the 18-month window) until the newer label text is approved by CA and/or NY?
2) Can registrants continue printing older version label language after the 18-month window if the newer label text has not yet been approved by CA and/or NY.
3) Does the term "new production" refer to the production of the label or the production of the pesticide product.
40 CFR 152.130 discusses distribution under approved labeling. The Existing Stocks Policy further elaborates on the requirements of 40 CFR 152.130. If labeling is amended on the initiative of the registrant, the registrant may distribute or sell under the previously approved labeling for a period of 18 months after the approval of the revision. The Agency may alter the time period for distribution or sale under the approved labeling in which case the registrant must comply with the EPA mandated time frames.
1) A registrant may distribute or sell a pesticide under previously approved labeling until the 18-month time period has expired. After 18 months the pesticide must bear the newly registered labeling. The 18-month time frame is independent of state registration status of a product.
2) Registrants may not continue to label products with old labels after the 18-month period regardless of the registration status of the product in a particular state.
3) The term “new production” generally refers to production of the pesticide product. If the new label cannot be printed in time to coincide with new production of the pesticide product and the production is within the 18-month time period, old labels may be used, however supplemental or sticker labeling bearing the newly approved labeling must be used after the 18-month date to bring the product into compliance.
- 40 CFR 152.130 and the Existing Stocks Policy (56 FR 29362) create a
general 18-month period to distribute or sell products with existing
labeling following approval of a voluntarily amended label. New
production after the 18-month window requires that labels use the newer
text. Must the new label text be employed at retail bulk sites after
18 months, even if the manufacturer has not implemented the new label for
non-refillable packages because no new manufacturing of the formulation has
occurred since approval? (LC06-0060)
Regardless of whether the registrant has engaged in new production during the 18 months, any new production after 18 months must bear the new amended labeling. Repackaging is considered production therefore pesticide product repackaged into refillable containers must bear the new amended labeling.
- When a registration is transferred, what is the existing policy for
product labeling/produced in the "old" EPA registration number to be used
Generally, the new registrant may distribute or sell under the previously approved labeling for a period of 18 months after the effective date of the transfer. The Agency specifies the time period in its letters of transfer. See 40 CFR 152.130(c) and 152.135(e) or Chapter 15-2 of the Label Review Manual.