Chapter II
LABEL ELEMENTS AND REQUIREMENTS

A. GENERAL LABEL REQUIREMENTS

1. State and Federal Authority
2. Placement on the Container
3. Prohibited Containers
4. Legibility and Type Size
5. False or Misleading Statements

B. ITEMS REQUIRED ON LABELS

1. Product Name
2. Company Name and Address
3. Ingredient Statement

1. Standard Format
2. Format for Spray Adjuvants
3. Microbial products
4. Inerts of Toxicological Concern

4. Human Hazard Signal Word
5. Child Hazard Warning
6. First Aid, Statement of Practical Treatment
7. Precautionary Statements for Human and Domestic Animal Hazards
8. Precautionary Environmental Hazards Statement
9. Precautionary Physical or Chemical Hazards Statement
10. Restricted Use Pesticide Statement
11. U.S. EPA Registration No. or California Registration No.
12. U.S. EPA Establishment No.
13. Directions for Use and Dilution Rate
14. Storage and Disposal Statements
15. Net Weight or Measure of Content
16. Worker Protection Standard (WPS) Statements
17. Warranty or Liability Statement (optional)

C. SPECIAL LABEL STATEMENTS

1. Home and Garden Use
2. Dual Use Labels
3. Label Refers to Unregistered Product
4. Tank Mixes
5. The Term New
6. Fertilizer Claims
7. Four to Six Gallon Containers
8. Foreign Language Translation
9. Worker Protection Standard (WPS)
10. Resistance Management Statements
11. Supplemental Labeling
12. Sub-Labeling or Split Labeling

D. CHART OF FEDERAL LABEL REQUIREMENTS IN 40CFR

_______________________________________________________________

Appendix II-1 Type Size Template

Appendix II-2 Sample Label Format

Appendix II-3 deleted

Appendix II-4 deleted

Appendix II-5 2,4-D Letter

LABEL ELEMENTS AND REQUIREMENTS

A. GENERAL LABEL REQUIREMENTS

1. State and Federal Authority

FIFRA Sec.3 FAC 12851~12885 CCR 6235~6243

Federal regulation (40 CFR Part 156) outlines the label requirements for pesticides. U.S. EPA's Label Review Manual is available on their home page.	FIFRA 3c9
It is also important that U.S. EPA PR-Notices, LIPs, REDs, and Registration Standard label requirements are followed.
Section 24(b) of FIFRA prohibits states from imposing labeling or packaging requirements different from federal requirements. State requirements for U.S. EPA-registered pesticide products must meet, but not exceed, current U.S. EPA label requirements.	CCR 6243 40CFR 157
California law requires that each separate container of a pesticide offered for sale have a clearly printed label attached.	FAC 12851
For spray adjuvants and other California-only products, DPR uses the label requirements in 40CFR as a guide.

2. Placement on the Container The label must appear on the immediate container. If the immediate container is enclosed within a wrapper or outside container through which the label cannot be clearly read, the label must also appear on the outside wrapper or container if it is part of the retail package.

40 CFR 156.10(a) CCR 6237

3. Prohibited containers In no case can a pesticide be placed or kept in any container of a type commonly used for food, drink, or household products.

CCR 6680

4. Legibility and Type Size Label information must be all of the following:

40 CFR 156.10(a) CCR 6240

Clearly legible to a person with normal vision.

• Set in six-point or larger type.
• On a clear contrasting background.
• Not obscured or crowded.
• Correspond to all claims and descriptions which the registrant has made about the product in print.
• Reasonably fit for any purpose for which the product is intended, according to any printed statement of the registrant.

Use the hard copy template of Appendix II-1 to determine type size.

Use the sample label format in Appendix II-2 for reference.

5. False or misleading label or advertising/literature statements False or misleading label or advertising/literature statements are not allowed. Examples of unacceptable wording:

FIFRA 3c9 40 CFR 156.10(a) PR Notice 93-6 FAC 12881-12885 12991, 12992 CCR 6300

No claims as to the safety of the product including such statements as "Safe", "Nonpoisonous", "Nontoxic", " Noninjurious", "Harmless", "Contains all natural ingredients," "Among the least toxic chemicals known." Note that certain specific pesticide products 25b-exempt from registration can contain these statements as outlined in Ca Notice 2000-6. No false or misleading statement about the product's effectiveness or about a comparison with another company's pesticide product. No statement directly or indirectly implying endorsement or recommendation by any government agency.

memos of 9-29-93, 10-20-93

B. ITEMS REQUIRED ON LABELS

The following lists the minimum items required on a pesticide label. These items are in accordance with 40 CFR, Part 156. Also use U.S. EPA's Label Review Manual available on their home page.

The chart at the end of this chapter outlines the U.S. EPA label requirements and the placement of the label elements.

1. Product Name	40CFR 156.10
The name, brand, or trademark of the pesticide product appearing on the front panel of the label must be the same as that on the license.	FAC 12821
California regulations allow a pesticide to be registered under more than one brand name. However, the same brand name cannot be registered for products (within the same company) of different chemical composition or different physical condition sufficient to affect the pesticidal properties.	CCR 6152

A brand name cannot include the name of only one or more active ingredients without including all active ingredients.

A brand name cannot be false or misleading or conflict with other label statements.

A brand name cannot contain names that are construed as claims in conflict with U.S. EPA's PR Notice 93-6. For example, a brand name cannot contain a claim of heightened efficacy.

FIFRA Sec. 3c9

2. Company Name and Address

The name and address given on the label are the name and address of the registrant or the manufacturer. An unqualified name and address are considered the producer. If the registrant is not the producer, or if the name of the person for whom the pesticide was produced appears on the label, it must be qualified by wording such as "Packed for __", "Distributed by __" or "Sold by __". If there are two or more locations, the principal office may be on the label unless DPR requires the exact location for protection of the public. The street address must be included unless shown in a current city or telephone directory.

FIFRA 2q 40CFR 156.10c 152.122 152.50 FAC 12851 CCR 6239

The address on the label may differ from the application form and the license.

3. Ingredient Statement	40CFR 156.10
The ingredient statement on the label must include the identity and percentage of each active ingredient and the total percentage of the inert ingredients. If the product is Section 25(b) exempt from registration, and the company chose not to register, all active ingredients must be listed along with their percentages and all inert ingredients must be listed although the percentage for each inert does not have to be listed out (as long as the active and the inert ingredients add up to 100%).	FAC 12821 40CFR 152.25
The ingredient statement must be on the front panel of the label unless the package size or form makes this impractical. The text of the statement must run parallel with, and be distinguishable from, other text on the same panel. If there is an outside container or wrapper and the ingredient statement cannot be clearly read, the ingredient statement must also appear on the outside container or wrapper.
The percentages of ingredients must be stated in terms of percent by weight and must total 100%. All ingredient statements must be expressed as nominal concentration. Nominal concentration is the amount expected to be present in percent by weight. Percentages cannot be expressed by a range on the label such as "22-25 percent".	40CFR 156.10g USEPA LRM 40CFR 158.153 PR Notice 91-2
Note: If the pesticide contains any form of arsenic, the percentages of total and water-soluble arsenic calculated as elemental arsenic must be on the label.	FIFRA 2n

a. Standard Format:

ACTIVE INGREDIENTS

Name1 ...................................... XX%
Name2 ..................................... XX%

INERT INGREDIENTS .......................XX%
(or OTHER INGREDIENTS)

The terms "active ingredients" and "inert ingredients" must be in the same type size, aligned to the same margin, and equally prominent. Percentages are aligned by decimal. The term "inert ingredients" is not required for products containing 100 percent active ingredients. If preferred, registrants may use the term "Other Ingredients" in place of "Inert Ingredients".	PR Notice 97-6 memo of 1-23-98
U.S. EPA requires that the name of each ingredient be the accepted common name, if there is one. If the common name is not well known, it should be followed by the chemical name. If there is no common name, only the chemical name is required.	40CFR 156.10g PR Notice 97-5 memo of 12-15-97
If the rate of application of the product is expressed as weight of active ingredient per unit area, a statement of the weight of active ingredient per unit volume of the pesticide formulation must appear in the ingredient statement.	40CFR 156.10g
If the product is for internal administration to animals, the ingredient statement may be given in terms of dosage in lieu of percentage by weight.	FAC 12858

b. Format for Spray Adjuvants

The following format, or the above format, may be used for spray adjuvants:

FAC 12883

PRINCIPAL FUNCTIONING AGENTS

Name1 Name2 Name3

XX% XX% XX%

CONSTITUENTS INEFFECTIVE AS A SPRAY ADJUVANT XX%

If more than three functioning agents are present, only the three principal ones need be named.	FAC 12885
c. Microbial products Products containing live organisms must indicate the equivalent number of viable units (spores, cells, colony forming units, etc.) per unit weight of product. Bacillus thuringiensis (B.t.) product active ingredient declaration is based on percent by weight of insecticidal toxin. International units (IU) are used as indicated in U.S. EPA's Label Review Manual, available through their home page. Chapter 6 of U.S. EPA's Label Review Manual more fully outlines the federal label requirements for microbial products. If the product contains Bacillus thuringiensis, the active ingredient percentage on the label may include all dried fermentation products, if approved by U.S. EPA. See P/P 2001-2.
d. Inerts of Toxicological concern In accordance with U.S. EPA's PR Notice 87-6, the label of a product containing an inert ingredient from U.S. EPA's List 1 Inerts of Toxicological Concern, must state "This product contains the toxic inert ingredient name of inert)." The wording should be placed in close proximity to the ingredient statement in a type size comparable to other front panel text.	PR Notice 90-1 memos of 6-6-88 6-1-88 3-18-88 3-15-88 EPA Lists List 1 to 4B

4. Human Hazard Signal Word (DANGER, WARNING, or CAUTION)

The signal word is required on the front panel of the label and is determined by the toxicity category of the product. Refer to 40 CFR Part 156.64 (formerly 156.10) for criteria of the four toxicity categories.

The signal word is preferred in all capital letters:

category I = DANGER
category II = WARNING
category III = CAUTION

category IV = not required

If the product is a Category I pesticide because of its oral, inhalation, or dermal toxicity, the word "POISON" must appear in red on a contrasting background and skull and crossbones must appear in immediate proximity to the word "POISON". This is in addition to the required signal word "DANGER."

The appropriate Spanish language signal word is also required for all category I or II products subject to WPS.

USEPA LRM

category I = PELIGRO
category II = AVISO

Unless the entire label is also in Spanish, the following referral statement is required: "Si Usted no entiende la etiqueta, busque a alguien para que se la explique a Usted en detalle. (If you do not understand the label, find someone to explain it to you in detail.)"

Category IV products no longer require a signal word.

The following table shows the minimum type size requirements for the human hazard signal word and child hazard warning. Use the hard copy template in Appendix II-1 for comparison.

Front Panel	Minimum Type Size Required
Size in Square Inches	Signal Words, All Caps	"Keep Out of Reach of Children"
5 and under	6 point	6 point
above 5-10	10 point	6 point
above 10-15	12 point	8 point
above 15-30	14 point	10 point
over 30	18 point	12 point

Overlabeling of the signal word is allowed only if approved by U.S. EPA as stated in 40CFR Part 156.64. The term overlabeling refers to a signal word or a precautionary statement which is more restrictive than that required by 40CFR. This is determined by the Medical Toxicology Branch review.

memos of 6-24-86 1-7-86

5. Child Hazard Warning (Keep out of Reach of Children); Every label must bear the statement "Keep Out of Reach of Children" on the front panel unless the product's contact with children is extremely remote such as for a manufacturing-use only product as determined by USEPA. The statement is not required if the product is registered for use on infants or small children. See 40CFR Part 156.66. Note also that USEPA PR Notice 2001-3 clarifies acceptable and unacceptable label claims and formulations for insect repellents targeted for use on children and to explain why food fragrances, graphics, statements, and colors associated with food should not be incorporated into insect repellents.

40CFR 156.10i

6. First Aid (Statement of Practical Treatment, SOPT) A First Aid statement (Statement of Practical Treatment) is required on all pesticide products which are toxicity Category I, II, or III due to oral, inhalation, or dermal toxicity, or are Category I or II for skin or eye irritation. This is required on the front panel for Category I products. The term "First Aid" is now allowed in lieu of "Statement of Practical Treatment" on the label. It is permissible, if approved by USEPA, to have a referral statement such as "See Statement of Practical Treatment on Back Panel." To augment this information for the product when diluted with water, the label can also describe how first aid measures may be modified for the diluted product. See 40CFR Part 156.68. USEPA PR-Notice 2001-1 contains First Aid (SOPT) requirements for product labels. USEPA PR Notice 84-5 contains First Aid (SOPT) requirements for fumigants.

40CFR 156.10i

7. Precautionary Statements for Human and Domestic Animal Hazard Precautionary statements indicating hazard to human and domestic animals must be stated under the general heading "Precautionary Statements" and under the subheading "Hazards to Humans and Domestic Animals" as outlined in 40CFR Part 156.70. These statements must be immediately preceded by the signal word. Precautionary statements are based on results of the acute toxicity studies. In some cases, additional precautionary statements are allowed for use-dilutions as outlined in 40CFR Part 156.70. For fumigants, see U.S. EPA PR Notice 84-5.

USEPA LRM

8. Precautionary Environmental Hazards Statement Environmental hazards precautionary statements are required if a hazard to non-target organisms exists. These must be stated under the general heading "Precautionary Statements" and under the subheading "Environmental Hazard" as outlined in 40CFR Part 156.85. As stated in U.S. EPA PR-Notice 93-3 and PR-Notice 93-8, labels which include the statement "Do not apply directly to water, to areas where surface water is present, or to intertidal areas below the mean high water mark" are acceptable.

memos of 9-9-93 3-10-92

All commercially applied products for terrestrial uses are encouraged by U.S. EPA to use the statement:

"For terrestrial uses: Do not apply directly to water, or to areas where surface water is present, or to intertidal areas below the mean high water mark. Do not contaminate water when cleaning equipment or disposing of equipment washwaters."

If registered only for terrestrial, forestry (except aerial), or domestic outdoor uses, the phrase "For terrestrial uses" may be omitted.

If registered only for outdoor residential use, use the statement "Do not apply directly to water."

Labels need not be submitted for scientific evaluation of this wording.

Note: Effluent discharge label requirements are in U.S. EPA's PR-Notice 95-1.

9. Precautionary Physical or Chemical Hazards Statement

Physical and chemical hazards statements must be stated under the general heading "Precautionary Statements" and under the subheading "Physical or Chemical Hazards" as outlined in 40CFR Part 156.78.	40CFR 156.10i USEPA LRM
These statements include product's flammability, explosiveness, or other hazard features. See also USEPA PR Notice 98-6 for total release foggers.	P/P 99-2

Sulfur dust, carbon dust, potassium nitrate, sodium nitrate, potassium chlorate, and others specified in U.S. EPA's Label Review Manual require explosibility statements.

Statements should include precautions when handling certain liquid products around electrical equipment.

Nonflammability label statements may appear as a substatement to the ingredient statement, or on a back or side panel. The phrase must not be highlighted or emphasized. Products must meet criteria for declaring non-flammability.

10. Restricted Use Pesticide Statement (U.S. EPA-restricted use products) For federally restricted products, the statement "Restricted Use Pesticide" with a summary statement of the terms of restricted use must be at the top of the label's front panel. It must be the same minimum type size as the human hazard signal word. The term "Restricted Use Pesticide" must also appear directly under the heading of Directions for Use.

FIFRA 3a PR Notice 93-1 40CFR 156.10j memos of 1-25-93 6-25-93 40CFR 156.10

11. U.S. EPA Registration Number (EPA Reg. No.) or California Registration Number (Ca. Reg. No.)

40CFR 156.10e

The EPA Reg. No. must be set in type of a size and style similar to other print and must run parallel to it. These numbers appear in the following format on labels:

For regular products: EPA Reg. No. 00000-00000

For subregistration/distributor registrations: EPA Reg. No. 00000-00000-00000

The first set of digits is the company firm number. The second set of digits is the number assigned to the product. If a third set of digits is shown, this is the firm number assigned to the subregistrant/distributor which has an Application of Supplemental Registration of Distributor on file with U.S. EPA.

For products not registered with U.S. EPA (spray adjuvants, California Only), a State registration number is assigned upon registration and must appear on the label as follows:

CA Reg. No. 00000-00000

The first set of digits is the U.S. EPA-assigned firm number. If no firm number has been assigned by U.S. EPA, a State number is assigned. The second set of digits is the number assigned to the product. See the section on Issuing a Product License in Chapter III for details on assigning numbers.

Products submitted for concurrent review will not yet have an assigned EPA Reg. No.

12. U.S. EPA Establishment Number (EPA Est. No.).

FIFRA 2(dd) FIFRA 7 40CFR 156.10f

The EPA Est No. must appear on the label or the container. This identifies the location at which the product was produced. It must appear on the wrapper or outside container of the package if the immediate container label cannot be clearly read.

The first set of digits is the number assigned by U.S. EPA to the firm. The middle letters indicate the state or, if outside the U.S., the country in which the establishment is located. The last number is the number assigned to the establishment. More than one EPA Est. No. may appear on a label, but only one is indicated as applicable to that specific container.

For example: EPA Est. 0000-WIS-0000.

13. Directions for Use.

40CFR 156.10i

Directions for use must be stated in terms easily read and understood by the person likely to use or to supervise use of the pesticide.

The directions for use must include:

• Site of application such as crops, animals, areas, or objects to be treated.
• Target pests for each site. If a pest is listed on the label, directions for use must be included for that pest.
• Dosage rate for each site and pest.
• Method of application.
• Dilution instructions, when applicable.
• Frequency and timing of applications (including pre-harvest intervals, PHI, when applicable).
• Reentry intervals (REI), when applicable. See more complete section on WPS later in this chapter.

Labels with agricultural, nursery, golf courses, sodfarms, or greenhouse use must comply with PR Notice 87-1 and include the statment "Do not apply this product through any type of irrigation system." This notice does not apply to adjuvants as they are not considered pesticides under federal law.

It is unacceptable to list only metric units.

Manufacturing-use only labels (for formulation into other pesticides only) do not require directions for use.

14. Storage and Disposal Statements.

FIFRA Sec 19

All labels must comply with U.S. EPA PR Notices 83-3, 84-1 (with errata sheet), 86-2, 94-2, 2001-6, and U.S. EPA-issued Registration Standards and REDs for storage and disposal statements. Prior U.S. EPA acceptance is not required when using the exact wording of the PR-Notices or the mandated changes. Additional information on federal requirements is found in Chapter 13 of U.S. EPA's Label Review Manual

memo of 7-19-94 CCR 6686

Storage and disposal instructions must be grouped together in the directions for use portion of the label under the heading "STORAGE AND DISPOSAL". This heading is not required on labels for products intended only for household use.

a. Storage

CCR 6686

All product labels must have appropriate storage instructions set apart and clearly distinguishable from other directions for use. Labels for household products should emphasize storage in the original container and placement in locked storage areas. USEPA Label Review Manual Chapter 13 outlines wording for specific types of products.

b. Pesticide Product Disposal

All product labels must include instructions for pesticide disposal as indicated above and in 40CFR Part 156.10(i).

Residential/household products (except antimicrobials) should include the disposal instructions outlined in USEPA PR Notice 2001-6..

Antimicrobial residential/household label may show the statement "Securely wrap original container in several layers of newspaper and discard in trash".

All other products must have the wording "Do not contaminate water, food or feed by storage or disposal".

c. Container Disposal - All product labels must include container disposal instructions appropriate to the type of container as indicated above.

i. All products (except residential/household use) must bear the following container disposal instructions:

Container Type Disposal Statements

Metal containers (non-aerosol)	Triple rinse (or equivalent). Then offer for recycling or reconditioning, or puncture and dispose of in a sanitary landfill, or by other procedures approved by state and local authorities.
Plastic containers	Triple rinse (or equivalent). Then offer for recycling or reconditioning, or puncture and dispose of in a sanitary landfill, or incineration, or, if allowed by state and local authorities, by burning. If burned, stay out of smoke.
Glass containers	Triple rinse (or equivalent). Then dispose of in a sanitary landfill or by other approved state and local procedures.
Fiber drums with liners	Completely empty liner by shaking and tapping sides and bottom to loosen clinging particles. Empty residue into application equipment. Then dispose of liner in a sanitary landfill or by incineration if allowed by State and local authorities. If drum is contaminated and cannot be reused, dispose of in the same manner. The manufacturer may replace this phrase with one indicating whether, and how, fiber drum may be re-used.
Paper and plastic bags	Completely empty bag into application equipment. Then dispose of empty bag in a sanitary landfill or by incineration, or, if allowed by State and local authorities, by burning. If burned, stay out of smoke.
Compressed gas cylinder	Return empty cylinder for reuse (or similar wording).

ii. For residential/household products (except antimicrobials), refer to USEPA PR Notice 2001-6. That notice supersedes portions of PR Notices 83-3 and 84-1 regarding disposal statements for these types of products, does not limit container size, and allows for statements about local waste disposal and recycling programs.

Disposal of residential/household (except antimicrobial) products in pressurized containers:

"Do Not Puncture or Incinerate! If empty: Place in trash or offer for recycling if available. If partly filled: Call your local solid waste agency or [toll free number which meets criteria in paragraph II.E of the notice] for disposal instructions."

Disposal of residential/household (except antimicrobial) products in non-pressurized containers. This includes all other types of products including but not limited to liquids, solids such as tablets, dusts, gels, pet products, etc., in all other types of containers including but not limited to bags, boxes, bottles, cans, bait stations, squeeze tubes, etc:

"If empty: Do not reuse this container. Place in trash or offer for recycling if available. If partly filled: Call your local solid waste agency or [toll free number which meets criteria in paragraph II.E of the notice] for disposal instructions. Never place unused product down any indoor or outdoor drain."

iii. For antimicrobial residential/household product labels. USEPA may in future issue guidance for antimicrobial residential/household products. Until then, antimicrobial products may use new recommended statements in PR Notice 2001-6 or the following:

Container Type	Statement
Nonaerosol Products (bottles, cans, jars).	Do not reuse container (bottle, can, jar). Rinse thoroughly before discarding in trash.
Nonaerosol Products (bags)	Do not reuse bag. Discard bag in trash.
Aerosol Products	Replace cap and discard containers in trash. Do not incinerate or puncture.

Antimicrobial residential/household products may have the statement "Securely wrap original container in several layers of newspaper and discard in trash". The statement "Do not reuse empty container (bottle, can, bucket). Wrap (container) and put in trash" can be used for the following:

• Liquid antimicrobial residential/household products in containers of 1 gallon or less.
• Liquid household bleach products up to 1-1/2 gallons.
• Dry household antimicrobial residential/household products 5 pounds or less.

15. Net Weight or Measure of Contents

40CFR 156.10d

The contents must be stated in the largest suitable units. Standard weights and volumes must be used; metric measurements may be added.

Dry formulations are expressed as pounds or ounces, liquids as gallons, and pressurized products as avoirdupois pounds and ounces.

16. Worker Protection Standard (WPS)

40CFR 156.200 - .212 40CFR 170

For agricultural use products, the Worker Protection Standard (WPS) statements must be on the label. See later section in this chapter for WPS procedures.

17. Warranty or Liability Statement (optional)

FAC 12853 FAC 12854

Pesticide product labels may contain warranty or liability statements. The statement cannot be false or misleading and cannot detract from or negate other label statements.

The label cannot contain limitations of warranty by the seller that exclude or waive the implied warranty that the pesticide corresponds to all claims and descriptions the registrant made in print. No limitations of warranty by the seller shall exclude or waive the implied warranty that the pesticide is reasonably fit for use for any intended purpose according to printed statement by the registrant.

The label, including Section 24c labels, cannot require a signature waiver of liability by the buyer or user.

The label cannot include unacceptable statements. Examples of unacceptable statements, as indicated in Ca Notice 2004-3, October 8, 2004: "A waiver of liability statement must be agreed to in writing as a condition of sale or use." or "This product when used as instructed on the label may result in poor pest control, crop injury, or illegal residues."

Examples of acceptable warranty or liability label statements are given in Ca Notice 2004-3, October 8, 2004.

C. SPECIAL LABEL STATEMENTS

The following statements are unique to certain products and have special instructions for processing.

1. Home and Garden Use Labels

memo of 2-27-86

Home and garden use label indicate application of a pesticide to humans or pets associated with a household and include application in, on, or around all structures, vehicles, or areas associated with a household. A householder is a person who uses a pesticide either outside or inside a residential dwelling on property owned or rented by that person.

All words, statements, graphics, designs, and other information required on the label must be clearly legible to a person with normal vision. They must be expressed in terms likely to be read and understood by the householder under customary conditions of purchase and use.

Some labels contain rates of application and dilution rates that are unsuitable for home and garden use. Labels that contain commercial grower's terminology are unfamiliar to the householder and are unsuitable.

a. The following dilution rates, application rates, and use directions are appropriate for home or household use:

• Rates per square feet/cubic feet.
• Spray for complete plant coverage including undersides of leaves.
• Wet plants to point of run-off (dripping point).
• Dilution rates using appropriate volumes such as 1 to 10 gallons of water.
• Technical terms if they are defined in lay person's language.
• Directions to contact the County Agricultural Extension office for preventive spray schedules and timing of applications.
• Storage and disposal statements such as "Wrap in newspaper, discard in trash."

b. The following dilution rates, application rates, and use directions are inappropriate for home or household use:

• Rates per acre.
• Dilution rates using large volumes such as 100 gallons of water.
• Directions to make a % solution unless the label contains instructions to use a specified amount of product in a specified amount of water or other diluent.
• Terms such as Cover Spray, Delayed Dormant, Early Green Bud, Buckshot, Pre-ping, Popcorn Stage, Shuck Split (stone fruit), Shuck Fall, Layby, Boot, and Tiller, unless they are defined on the label.
• Use of specialized equipment (except for swimming pool chemical metering devices).
• Storage and disposal statements such a "triple rinse."
• Graphics which contradict the text.
  
  

Registration will be denied if the label terms, statements, graphics, designs, etc., are not likely to be understood by the average householder.

Follow storage and disposal statements in item 14 above.

2. Dual Use Labels

Ca Notice 91-2, 91-9 memo of 3-20-91

Agricultural use products are not allowed to be sold by retailers not licensed as pesticide dealers. Registrants with products labeled for both home use and agricultural use, or who sell their product through both types of retail stores, should review their dual use label for needed changes.

The following examples of agricultural use statements are in Ca Notice 91-9.

• Use an airblast sprayer.
• Keep agitation pumps running.
• Apply by air.
• Directions with rates per acre or dilution rates using large volumes of water such as 100 gallons.
• Greenhouse directions in 1,000 square feet units.
• Sites which clearly are nonhousehold, such as ditch banks, fence rows, crop and noncrop areas, feed lots, and livestock barns.
• Use on turf areas such as nonresidential lawns, parks, and golf courses.

If the statement "For household use only" is on the label, and the directions for use are appropriate to household use, the product is not considered dual use.

memo of 3-27-92

3. Label Refers to an Unregistered Product

memo of 12-12-96

A registration can be issued even if there is a label reference to an unregistered pesticide. This applies only to statements which are permissive rather than mandatory.

Registration is denied if use of the unregistered product is required by the label, or if the proposed product is not effective without use of the unregistered product. The Registration Specialist should notify the registrant that it is still illegal to sell or use the unregistered product in California.

4. Tank Mixes

USEPA PR Notice 82-1 DPR PRB Notice 87-1

Tank mix label claims are allowed without supporting compatibility and residue data if the following conditions are met:

• The chemical characteristics of all products to be used in the mix are such that no incompatibility or potentiation is likely to occur.

• The pesticide product to be mixed with the product which is the subject of the application does not contain a label prohibition against such mixing.

• The label contains the statement:

"This product can be mixed with (chemical name, including percentage of active ingredient and type of formulation, or specific product name, or both) for use on (crops/sites) in accordance with the more (most) restrictive of label limitations and precautions. No label dosage rates should be exceeded. This product cannot be mixed with any product containing a label prohibition against such mixing. Where a specific product name is recommended for the tank mix, the label statements shall be more explicit, including such information as specific dilution and dosage rates."

It is acceptable for a label to mention an unregistered product in a tank mix provided:

memo of 12-12-96

• The statements are permissive rather than mandatory and,
• The product is effective without the unregistered product and,
• Use of the unregistered product is not required by the label.

Note: The Registration Specialist should notify the registrant that it is illegal to sell or use the unregistered product in California.

5. The Term "New"

memo of 5-28-93 40CFR 156.10(a)(5),

Registrants should be encouraged to only use the term "new" on their label for six months after registration. A subregistration/distributor registration should not use the term unless the basic registrant has the term on their label and only for the same duration.

6. Fertilizer Claims

P/P 2006-1

In the past, DPR worked in conjunction with CDFA to ensure that companies submitted dual-use pesticide/fertilizer product labels to both Departments. This was accomplished by both agencies submitting copies of dual-use labels to one another. This practice has been discontinued. A statement reminding the company to submit their dual-use label to CDFA has been added to our licensing letters where applicable.

7. Four to Six Gallon Containers

memos of 9-12-00, 9-30-93, 11-14-94

Four to six gallon containers must bear a specific pictogram and labeling which includes the word "warning" and an admonition concerning the hazard to children. This graphic and text can not obscure or interfere with U.S. EPA approved labeling.

8. Foreign Language Translation

P/P 2007-2

Pesticide labels may contain foreign language statements and translations. Registrants may be required to have limited Spanish translation, such as for Category I and II products or for Worker Protection Standard (WPS) as indicated below. For other products, registrants may choose to translate the label, usually into Spanish. This is allowed by U.S. EPA's PR-Notice 98-10 and 40CFR Part 156. Procedures for acceptance are in Chapter IV.

9. Worker Protection Standard (WPS)

40CFR 156.200, 170

Labels which comply with U.S EPA's Worker Protection Standard (WPS) label requirements, and do not have any other changes, can be accepted without review. If any other changes are made, the label is reviewed and may require scientific evaluation. If additional data are needed, the label is returned or denied. A subregistrant/distributor label must have the same WPS wording as the basic registrant's label.

memos of 1-16-93, 1-20-93, 10-20-93, 9-1-93, 10-1-93, 12-27-93

Registrants may "split" a label and separate the non-agricultural uses so that the WPS statements are not required. Instruction for this is in PR-Notice 93-11.

2,4-D containing products must comply with the 2,4-D Industry Task Force labeling requirements for WPS in U.S. EPA's October 30, 1992 and 1-14-93 letters found in Appendix II-5.

memos of 11-24-93, 9-14-93, 8-24-93, 8-14-93

Note: The appropriate Spanish language signal word is required in addition to the English for all category I or II products subject to WPS.

category I = PELIGRO
category II = AVISO

Unless the entire label is also in Spanish, the following referral statement is required: "Si Usted no entiende la etiqueta, busque a alguien para que se la explique a Usted en detalle. (If you do not understand the label, find someone to explain it to you in detail.)"

10. Resistance Management Statements

USEPA PR Notice 2001-5 encourages companies to include resistance management statements and symbols on the label. If the wording in the notice is used, the submission can be done through the DPR Notification process.

11. Supplemental Labeling

U.S. EPA Label Review Manual

Supplemental labeling is term that describes labeling which includes uses, use directions, or other instructions which differ from those on the end-use label. These are partial labels to be distributed with the product and may be distributed by the registrant or the supplemental distributor. Since these are partial labels, they must bear a statement referring the user to the product label for complete directions and a statement that the labeling must be in the possession of the user. Both the product label and the supplemental labeling are required to safely and effectively apply the product.

Supplemental labeling must be submitted to and be approved by U.S. EPA before it can be approved in California.. At a minimum, U.S. EPA recommends that the following information appear on the label:

- Misuse statement
- The labeling must be in possession of the user at the time of application.
- Read the label affixed to the container for Pesticide X before applying.
- Use of pesticide X according to this labeling is subject to the use precautions
and limitations imposed by the label affixed to the container for pesticide X.
- Product Name
- EPA Registration Number
- Restricted Use Statement (if required)

12. Sub-Labeling or Split Labeling

40CFR 152.130

Not to be confused with supplemental or subregistrant labeling, a "sub-label" or "split-label" is a label which bears claims and directions for only a portion of the approved U.S. EPA label but is a complete label itself, containing all of the required labeling elements and the same brand name. U.S. EPA regulations allow a registrant to distribute or sell a product as a "sub-Label" or "split-Label" provided that in limiting the uses identified on the label, no changes are made to the precautionary statements, use classification, or packaging of the product. Since there are no changes being made which would require submission of an amendment to the labeling, split-labels and sub-labels are not required to be submitted to the U.S. EPA for review. However, they are considered label amendments in California and must be submitted before they are sold, distributed, etc. in this state. Such labeling should be placed in the file and paper clipped to the currently registered end-use label.

D. CHART OF USEPA LABEL GUIDELINES in 40CFR

40CFR

The following is a summary chart of federal label requirements. Please note that U.S. EPA may sometimes vary from this chart. Also use U.S. EPA's Label Review Manual which is available on their home page.

Federal Label Requirements based on
U.S. EPA's Label Review Manual, FIFRA, and 40CFR