Enforcement Branch

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 signed by

Scott T. Paulsen, Chief
Pesticide Enforcement Branch
(916) 324-4100

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

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