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December 3, 2001   ENF 2001-054
 
 
TO:
County Agricultural Commissioners  
SUBJECT:
FIELD CROP SITE DESIGNATION ON INLINE* SOIL FUNGICIDE  
 

The label for InLine* Soil Fungicide and Nematicide, U.S. EPA Registration Number 62719-348, states that it is for use as a preplant treatment of soil in cropland. In the application directions the label states, "Inline is recommended for the control of nematodes, symphylans and wireworms in soils to be planted to vegetables, field and fruit crops." The label then provides a rate table that lists field crops, vegetable crops, strawberries and pineapples.

The Department’s Manual for Procedural Guidance for Pesticide Enforcement Personnel provides the following instruction for interpreting site designations:

"There are some cases where the commodity and site listed on the label cannot be considered exclusive. When the list is preceded by "such as" or "including," the product can legally be used on other species covered by the general term. For example, if the label states "deciduous fruit orchards such as apples, peaches, and pears," the use of the product in deciduous fruit orchards cannot be considered use in conflict with the label. Some labels, particularly rodenticides, may not indicate a specific site and any interpretation of application sites could be quite broad.

Conversely, if the label statement is structured to indicate that the list is exclusive, i.e., "deciduous orchards--apples and pears," then only those commodities or sites can be treated. (ENF 81-005 Enforcement Actions Based Upon Pesticide Labeling.)"

Title 3 of the California Code of Regulations (3CCR) Section 6000 contains the following definition, "Field means any area (including a greenhouse) upon which one or more plant commodities (including forest and nursery products) are grown for commercial or research production. Field does not include range or pasture harvested by grazing animals."

The InLine* label designates field crops as a site without any limiting language, therefore, this product may be used as a preplant soil treatment for any crop grown for commercial or research production. It should be noted that there may not be residue tolerances for many crops. The grower is responsible for any illegal residues contained in food or feed commodities at the time of harvest.

Any use would need to comply with all conditions of the label. The method by which this product may used is limited to surface or buried drip tape. "Use of a tarp seal is mandatory for all applications of this product." The use of this product in a greenhouse would be limited by the Department’s Greenhouse Use policy as stated in the Manual for Procedural Guidance for Pesticide Enforcement Personnel. This policy states that pesticides used in greenhouses must have labels that provide dilution and dosage rate instructions that are consistent with use in a greenhouse (i.e. pots, planting beds, square feet). The dosage rates on the InLine* label are in gallons per acre. The greenhouse policy does allow that the use of products with application rates in per acre units may be acceptable in greenhouses that are one-half acre or larger in size.

If you have any questions, please contact your Liaison Senior Pesticide Use Specialist.

 
Sincerely,
 
 
Original Signature by:
 
Scott T. Paulsen, Chief
Pesticide Enforcement Branch
(916) 324-4100

 

cc:  Mr. Daniel J. Merkley, Agricultural Commissioner Liaison