Department of Pesticide Regulation

ACTIVITY-BASED REENTRY INTERVALS

This letter outlines the Department of Pesticide Regulation's (DPR's) interpretation of pesticide labeling bearing multiple "activity-based" restricted entry intervals (REIs). This letter supercedes ENF 00-22 and any prior interpretations that may be inconsistent.

Where there is apparent inconsistency between Title 3, California Code of Regulations (3CCR), section 6770 (Field Reentry After Pesticide Application), and labeling requirements specified by multiple activity-based REIs, the strictest standard must be used to determine what activities are allowed to be conducted during the REI.

In addition, where there are multiple REIs for a specific crop, the longest REI must be the one to which the standards in sections 6770 (Field Reentry After Pesticide Application), 6771 (Requirements for Early Entry Fieldworkers), and 6776 (Field Postings) are applied because of how REI is defined in section 6000.

The U.S. Environmental Protection Agency (U.S. EPA), Office of Pesticide Programs (OPP), Special Review and Registration Division, has historically established one general REI for each crop to mitigate unacceptable margins of safety (MOS) for field workers performing work activities, such as thinning, propping, weeding, irrigating, or harvesting in a treated field. Generally, the REI was based on the work activity that represented the lowest MOS. This ensured adequate protection for other activities. However, OPP has accepted product labeling bearing multiple activity-specific REIs for the same crop.

DPR has informed U.S. EPA that this approach appears to be inconsistent with the federal WPS itself and has created challenges for growers, fieldworkers, and regulators due to uncertainties about how to apply field posting, personal protective equipment, and other worker protection provisions. DPR is working with U. S. EPA and other state regulatory officials to find solutions to this problem. We will keep you informed of any new label restrictions that include multiple activity based REIs.

Enclosed are specific examples of applying the regulatory requirements to labels with activity-based REIs. If you have any questions applying this policy, please contact your Senior Pesticide Use Specialist Liaison.

cc:  Mr. Daniel J. Merkley, Agricultural Commissioner Liaison (w/Enclosure)