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THE PESTICIDE LABEL AND LABELING. The Laws Regulating Pesticides. Federal Insecticide, Fungicide & Rodenticide Act (FIFRA) [as revised] Louisiana Pesticide Law [Title 3, Chapter 20 LRS] Rules & Regulations Written to Enforce Laws State Primacy. What is a Pesticide?.

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The laws regulating pesticides
The Laws Regulating Pesticides

  • Federal Insecticide, Fungicide & Rodenticide Act (FIFRA) [as revised]

  • Louisiana Pesticide Law [Title 3, Chapter 20 LRS]

  • Rules & Regulations Written to Enforce Laws

  • State Primacy


What is a pesticide
What is a Pesticide?

“means any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pest and any substance or combination of substances intended for use as a plant regulator, defoliant, desiccant, or any substance the commissioner determines to be a pesticide.” Title 3, Chapter 20 LRS


What is a pest
What is a Pest?

“means any insect, rodent, nematode, fungus, weed, or any other form of terrestrial or aquatic plant or animal life or virus, bacteria, or other microorganism, except viruses, bacteria, or other microorganism in living humans or other living animals, which the commissioner declares to be a pest.” Title 3, Chapter 20 LRS


Types of pesticides
Types of Pesticides

pest name + cide = pesticide types

Insecticide Molluscicide

Rodenticide Repellent

Herbicide Desiccant

Fungicide Defoliant

Nematicide Disinfectant

Avicide etc.

Piscicide


Pesticide chemical names
Pesticide Chemical Names

  • chemical name

    • n-(phosphonomethyl)glycine

    • (±) α-Cyano (3-phenoxyphenol)methyl (±) cis/trans 3-(2,2-dichloroethenyl)-2,2-dimethylcyclopropane carboxylate


  • common name

    • glyphosate

    • cypermethrin

  • brand name

    • Roundup®,Touchdown®, Accord®,Rodeo®, AquaNeat®, Razor®, Eagre®, Prosecutor®

    • Ammo®, Cymbush®, Cynoff®, Demon®, Prevail®


Fifra
FIFRA

  • Section 12. Unlawful acts

    • (a)(12)(G) to use any registered pesticide in a manner inconsistent with its labeling


Confusing terminology
Confusing Terminology

Label

vs.

Labeling

vs.

Labeling by Reference


Labeling requirements
Labeling Requirements

  • Legal Requirements found in:

    40 CFR 156

    Subpart A: General Provisions

    Subpart B: Worker Protection Statements

    The Label adheres to Federal Requirements


Labeling requirements1
Labeling Requirements

  • Name, brand. or trademark

    • must not be false or misleading

    • must be approved by the Administrator through registration or supplemental registration



  • Product registration number it was produced

    • Section 3

    • Section 5

    • Section 18

    • Section 24c

    • Section 25b

    • Producing establishment registration number


  • Ingredient statement it was produced

    • on the front panel of the label

    • active ingredients by chemical name or common name with CAS #

    • statement of percentages

    • inert (other) ingredients


  • Warning and precautionary statements it was produced

    • required front panel statements

      • human hazard signal signal word

      • child hazard warning “keep out of reach of children”

      • statement of practical treatment (first aid)


First aid statements
First Aid Statements it was produced

  • If the AI is an OP or carbamate must state

    “contains an (organophosphate or N-methyl carbamate) that inhibits cholinesterase)

  • Note to Physicians if product is in Category 1 toxicity or corrosive


To be included with first aid statement
To Be Included with First Aid Statement it was produced

  • Either at beginning or end

  • “Have the product container or label with you when calling a poison control center, a doctor or going for treatment”

  • Emergency Telephone Numbers



Precautionary statements by toxicity category
Precautionary statements by toxicity category it was produced

  • Toxicity I: Oral, inhalation, or dermal

    • Fatal (poisonous) if swallowed [inhaled or absorbed through skin]. Do not breathe vapor [dust or spray mist].Do not get in eyes, on skin, or on clothing. [Front panel statement of practical treatment required.]

  • Toxicity I: Skin and eye local effects

    • Corrosive, causes eye and skin damage [or skin irritation]. Do not get in eyes, on skin, or on clothing.


  • Toxicity II: Oral, inhalation, or dermal toxicity

    • May be fatal if swallowed [inhaled or absorbed through skin]. Do not...

  • Toxicity II: Skin and eye local effects

    • Causes eye [and skin] irritation. Do not...


    • Toxicity III: Oral, inhalation, or dermal toxicity Harmful or fatal if swallowed. [Appropriate first aid statement required]

      • Harmful if swallowed [inhaled or absorbed through the skin] Avoid...

    • Toxicity III: Skin or eye local effects

      • Avoid contact with skin, eyes, or clothing. In case of contact immediately flush eyes and skin with plenty of water.


    • environmental hazards Harmful or fatal if swallowed. [Appropriate first aid statement required]

      • toxic to wildlife

      • toxic to fish

      • keep out of lakes, ponds, or streams


    • physical or chemical hazards Harmful or fatal if swallowed. [Appropriate first aid statement required]

      • flammable

      • corrosive

      • special requirements for total release foggers

        • e.g., Do not use more than one fogger per room. Do not use in small, enclosed spaces such as closets, cabinets, or under counters or tables. Do not use in a room 5ft.x5ft. or smaller.... Turn off all ignition sources, such as pilot lights, other open flames, or running electrical appliances that cycle on & off (refrigerators, thermostats)..."


    Directions for use
    Directions for Use Harmful or fatal if swallowed. [Appropriate first aid statement required]

    • may appear on any portion of the label provided that they are conspicuous enough to be easily read

      • may appear on printed or graphic matter which accompanies the pesticide if it is securely attached or placed within the outside wrapper or bag

      • the label bears a reference to the directions for use in accompanying leaflets or circulars


    Directions for use cont
    Directions for Use (cont) Harmful or fatal if swallowed. [Appropriate first aid statement required]

    • contents of directions for use

      • use classification

      • misuse statement


    Directions for use cont1
    Directions for Use (cont) Harmful or fatal if swallowed. [Appropriate first aid statement required]

    • site(s) of application target pest(s) associated with each site

    • dosage with each site and pest

    • method of application, including instructions for dilution, if required, & type(s) of application equipment required

    • frequency & timing of application


    Directions for use continued
    Directions for use (continued) Harmful or fatal if swallowed. [Appropriate first aid statement required]

    • specific directions concerning the storage and disposal of pesticide and container, grouped and appear under the heading “Storage and Disposal”


    Directions for use cont2
    Directions for Use (cont) Harmful or fatal if swallowed. [Appropriate first aid statement required]

    • any limitations or restrictions on use required to prevent unreasonable adverse effects, such as

      • rotational crop restrictions

      • warnings as required against use on certain crops, animals, objects, or in or adjacent to certain areas

      • PHI

      • special directions for total release fogger


    Directions for use cont3
    Directions for Use (cont) Harmful or fatal if swallowed. [Appropriate first aid statement required]

    • statement of use classification

      • general use classification

        • “General Classification” immediately below the heading “Directions for Use”

        • now referred to as “Unclassified”

        • nothing is on the label


    Directions for use cont4
    Directions for Use (cont) Harmful or fatal if swallowed. [Appropriate first aid statement required]

    • restricted use classification

      • must be on the front panel-”Restricted Use Pesticide”

      • directly below, a summary statement of the terms of restriction imposed as a precondition to registration shall appear


    Worker protection standard requirements
    Worker Protection Standard Requirements Harmful or fatal if swallowed. [Appropriate first aid statement required]

    • WPS Statements

      • Incorporate by reference the WPS, 40 CFR 170 into labeling

      • Pertain to REIs, PPE, and Notification

      • General Statements: near the beginning of the DIRECTIONS FOR USE under the heading AGRICULTURAL USE REQUIREMENTS


    • “Do not apply this product in a way that will contact workers or other persons, either directly or through drift. Only protected handlers may be in the area during application”

    • “use this product only in accordance with its labeling and with the Worker Protection Standard, 40 CFR Part 170”


    Pesticide registration notices pr
    Pesticide Registration Notices (PR) workers or other persons, either directly or through drift. Only protected handlers may be in the area during application”

    • 2001-6: Disposal Instructions on Non-Antimicrobial Residential/Household Use Pesticide Product Labels

    • 2001-X: Spray and Dust Drift Label Statements for Pesticide Products

    • 2001-5: Guidance for Pesticide Registrants on Pesticide Resistance Management Labeling


    Pr notices continued
    PR Notices (continued) workers or other persons, either directly or through drift. Only protected handlers may be in the area during application”

    • 2001-X: Pesticide Label Identification for Pesticide Products meeting the Requirements of the National Organic Program

    • 2001-3: Insect Repellants: Labeling Restrictions for Use on Infants and Children and Restrictions on Food Fragrances and Colors


    Pr notices continued1
    PR Notices (continued) workers or other persons, either directly or through drift. Only protected handlers may be in the area during application”

    • 2001-1: First Aid Statements on Pesticide Product Labels

    • 2000-XX: Bee Precautionary Labeling Statements

    • 2000-5: Guidance for Mandatory and Advisory Labeling Statements

    • 2000-XX: Indoor Residential Insecticide Product Label Statements


    • MANDATORY workers or other persons, either directly or through drift. Only protected handlers may be in the area during application”STATEMENTS: generally relate to the actions necessary to ensure the proper use of the pesticide & to prevent the occurrence of unreasonable adverse effects. Includes directions for use & precautions that direct the user to take or avoid specific actions

      • The directions & precautions specify where, when, & how a pesticide is to be applied

      • Generally written in imperative or direct sentences

        • e.g., “Do not use…,” Users must…, “Wear…, Apply immediately after mixing”, Apply to corn at a maximum rate of one to two pounds per acre 30 days prior to harvest.”


    • ADVISORY STATEMENTS: provide information to the product user on such topics as product characteristics & how to maximize safety & efficacy while using the product

      • Are acceptable as long as they do not conflict with mandatory statements, & are not false or misleading

      • Best written in descriptive or nondirective terms

        • e. g., “latex gloves provide the best protection”

        • “applying the product immediately after preparation assures that it is in suspension. If application is delayed, agitation to re-mix the products & checking for resuspension ensures proper blending.”


    Pr notices continued2
    PR Notices (continued) on such topics as product characteristics & how to maximize safety & efficacy while using the product

    • 98-6: Flammability Labeling Requirements for Total Release Foggers

    • 97-6: Use of Term “Inert” in the Label Statements

    • 97-5: Use of Common Names for Active Ingredients on Pesticide Labeling

    • 97-4: Consumer Access Numbers on Pesticide Labels


    Pr notices continued3
    PR Notices (continued) on such topics as product characteristics & how to maximize safety & efficacy while using the product

    • 96-7: Termiticide Labeling

    • 96-6: Pet Pesticide Product Label Statements

    • 93-3: Labeling Statements prohibiting Application to Water

    • 92-4: Material Safety Data Sheets as Pesticide Labeling

    • 91-7:False and Misleading Statements


    Read the label
    READ THE LABEL! on such topics as product characteristics & how to maximize safety & efficacy while using the product


    Understand the label
    UNDERSTAND THE LABEL! on such topics as product characteristics & how to maximize safety & efficacy while using the product


    Follow the label
    FOLLOW THE LABEL! on such topics as product characteristics & how to maximize safety & efficacy while using the product


    Remember the label is the law
    REMEMBER: THE LABEL IS THE LAW! on such topics as product characteristics & how to maximize safety & efficacy while using the product


    Instructions
    Instructions on such topics as product characteristics & how to maximize safety & efficacy while using the product

    First you’ve got to read them

    Then you have to heed them

    You never know when you’re going to need them.

    As old Elijah said to Jezebel,

    “You better start to learn your lessons well” from Godspell

    • Steven Schwartz


    “Treat the Earth Well. It Was Not Given to Us by Our Parents; It Was Loaned To US by Our (grand) Children”

    Kenyan Proverb


    Mary L. Grodner, Ph.D. Pesticide Safety Education Program Parents; It Was Loaned To US by Our (grand) Children”

    225/578-2180 [email protected]


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