Paul E. Helliker Director

Department of Pesticide Regulation





See: cover letter

* This label supersedes the label dated February 11, 2003.


Gray Davis
Governor

Winston H. Hickox
Secretary, California
Environmental
Protection Agency

April 21, 2003 No. 02-23


CALIFORNIA AUTHORIZATION FOR PESTICIDE USE UNDER USEPA SECTION 18 QUARANTINE * EXEMPTION FOR DISTRIBUTION AND USE ONLY WITHIN CALIFORNIA

For Use Only On Commodities In California's Department of Food and Agriculture Commodity Certification and Eradication Programs. Except, may be used by commercial olive growers for the control of Olive Fruit Fly statewide.


Pursuant to authority granted under Section 18 of the Federal Insecticide, Fungicide and Rodenticide Act and 40 CFR, Part 166, approval is granted to use the pesticide shown below to control specified emergency.

Product: GF-120 Naturalyte Fruit Fly Bait






GF-120 NF Naturalyte Fruit Fly Bait



NAF-550 Fruit Fly Bait
EPA Reg. No.: 62719-359 (Note: the product container
label may not have an EPA registration number. Therefore, the above EPA registration number should be used.)


EPA Reg. No. 62719-498

Ca. Reg. No.: 62719-99038-EE

Firm Name: Dow AgroSciences LLC

Location: Statewide

Crop/Site/Commodity: Bananas (Musa paradiaca var. sapientum = Muse X paradisiace),
Cactus (Cereus coerulescens), Guaca pineapple - (Feijoa sellowiana), Olives, Passionflower softleaf - (Passifora molissima), Japanese Persimmon - (Diospyros khaki), Surinam cherry (Eugenia uniflora) and teocotes.

Target Pest/Problem: All exotic (nonestablished, quarantined) fruit fly members of the
family Tephritidae, including, but not restricted to, the Mediterranean Fruit Fly (Ceratitis capitata), Oriental Fruit Fly (Bactrocera dorsalis), Mexican Fruit Fly (Anastrepha ludens), Caribbean Fruit Fly (Anastrepha suspensa), Melon Fly (Bactrocera cucurbitae), Olive Fruit Fly (Dacus oleae), Peach Fruit Fly (Bactrocera zonatus), Guava Fruit Fly (Bactrocera correctus), and Queensland Fruit Fly (Bactrocera tryoni).

Dosage:

For NAF-550 Fruit Fly Bait

Use 12 to 96 fluid ounces of product (0.0011-0.00883 ounces of a.i.) per acre. This product is a ready-to-use product, containing 9.2 pounds of product per gallon, therefore, no diluent is required.


For GF-120 Fruit Fly Bait

Mixing Instructions - GF-120 Fruit Fly Bait is a bait concentrate that must be
diluted with 1.5 parts of water for every 1 part of GF-120 (e.g., to make 10 gallons of spray solution, you need 6 gallons of water to 4 gallons of GF-120).

First add water (one half of the volume of GF-120 to be mixed) to the spray tank or premixing tank and start the agitation system. Then add the required amount of GF-120 followed by an equal amount of water. If using a full container, the empty GF-120 container should be triple rinsed by adding one third of the volume of the container and shaking well and adding the rinsate to the spray tank. Repeat two more times so the container is triple rinsed and the proper dilution is obtained. Constant agitation of the spray solution is recommended to ensure uniformity of spray mixture. Allow agitation system to operate for at least 5 minutes before applying. Once diluted, GF-120 should be used within 24 hours. Concentrated GF-120 will not settle and does not need to be shaken before mixing.

Pests and Application Rates:

Pests Controlled or Suppressed

Amount of Undiluted GF-120 Spray Solution 1

Broadcast Application

Spot Spray of Individual Plants

fl oz/acre

liters/hectare

fl oz/tree

ml/tree

Tephritid Fruit Flies
(including but not limited to:)
Apple maggot
Caribbean fruit fly
Cherry fruit fly
Mediterranean fruit fly
Melon fly
Mexican fruit fly
Olive fly
Oriental fruit fly
Walnut husk fly

10 - 20

2 to 4

1 to 3

30-90


1Choose rate based on pest pressure and amount of foliage needed to cover.

Table 1: Amount of final spray solution for different rates and ratios

Rates of GF-120 per Acre

Ratios
GF-120:water

10 oz/A

12 oz/A

15 oz/A

18 oz/A

20 oz/A

1:1.5

25

30

37.5

45

50

1:2

30

36

45

54

60

1:3

40

48

60

72

80

1:4

50

60

75

90

100

1:5

60

72

90

108

120


*Entries in the table are the amount of final diluted spray solution per acre


Dilution Rate: See above.

Method of Application: Notwithstanding product labeling language to the contrary, air or ground applications in production agriculture, rural residential or directed ground applications to individual plants are permitted. In urban areas, however, use is limited to directed ground applications.

Frequency/Timing of Applications: Applications may be made no more frequently than every 7 days.

Restricted Entry Interval (REI): 4 hours (urban areas - do not enter treated area until spray has dried.)

Pre-harvest Interval (PHI): 24 hours

Effective Date: April 21, 2003

Expiration Date: December 5, 2005

Other Requirements: 1. Applications shall be made by or under the direct supervision of the California Department of Food and Agriculture (CDFA), Division of Plant Industry, other cooperating agencies, or growers.

2. Rainfall Provision: Program applications shall not be made in a circumstance where the National Weather Service predicts a 50% or more chance of rainfall within a 24 hour period following a scheduled application.

3. Aerial Applications Around Water Bodies: Aerial applications shall not be made directly over named water bodies as listed on a U.S. Geological Services map of the treatment area (scale = 1:24,000). Do not apply within 640 feet of protected water bodies. Ground treatments are permitted in buffer zones.

4. Wind speed Provision: Aerial applications of spinosad shall
not be made when wind speed exceeds 10 miles per hour.

5. Notification of the Public: For programs conducted under this
exemption by CDFA, the public in the treatment are shall be notified a minimum of 24 hours in advance of any urban application. The notice should contain advice for safeguarding health and property in the treatment area.

This mandatory notice requirement is waived when commercial growers conduct treatments to their own crops.

6. Notification to Beekeepers: CDFA shall ensure that all
beekeepers that operate hives in the treatment area are notified about the applications at least 48 hours in advance of a planned treatment.

7. Measures to Protect Endangered Species/Wildlife: In order to protect federally listed threatened and endangered species form potentially harmful exposure, users are to follow the use limitations in the "Interim Measures for Use of Pesticides " bulletin for Pesticides available from the county agricultural commissioner's office.

Users must follow use limitation 17 (mitigation of spray drift) for any species with hazard class "IN" (in Insecticides Bulletin) or "PD" (in Herbicides Bulletin) if listed insects or listed insect-pollinated plants occur within the same section as the field to be treated and the field is adjacent to habitat as described in the bulletin.

Alternatively, the California Department of Fish and Game and the U.S. Fish and Wildlife Service may be consulted concerning methods for mitigating risks to endangered and threatened species.

8. Applicators and other handlers must wear long-sleeved shirt and long pants, shoes plus socks, and waterproof gloves.


9. The U.S. EPA has established a 0.02 ppm time-limited tolerance for spinosad on all commodities in connection with quarantine eradication programs against exotic, non-indigenous, fruit fly species, where a separate higher tolerance is not already established.

All applicable directions, restrictions, and precautions on the USEPA registered label and this label must be followed.

This labeling must be in the possession of the
user at the time of pesticide application.

Tank mixing with other compatible pesticides, spray adjuvants and fertilizers is allowed as long as all labeling and regulatory requirements are met and tank mixing is not otherwise prohibited.

The Department shall be immediately informed of any adverse effects resulting from the use of this exemption.

Please note: The USEPA expects concerned growers or grower groups to work toward the registration of use patterns that may be needed on a continuing basis. It will, therefore, be necessary to require applicants wishing to renew emergency exemptions to provide a progress report on residue tolerance and registration along with request for reissuance of an emergency exemption renewals.

Without substantial progress in pursuing a tolerance and registration for the use in question, it will be difficult to obtain an emergency exemption for a another season. The pesticide manufacturer or Western Region IR-4 may be contacted regarding the initiation of a pesticide petition for residue tolerance.

A final report must be submitted by the county agricultural commissioner to Pesticide Registration, Department of Pesticide Regulation within 45 days of the expiration date of this exemption. This report must include the following information:

a. Amount of product used.
b. Units (i.e., acres, tree, cattle) treated.
c. Number of applications.
d. Estimate of effectiveness.
e. Any adverse effects noted.

Prior to use under this exemption, a permit must be obtained from the county agricultural commissioner. The permit shall state the maximum amount of acres to be treated, maximum amount of product that may applied, and dealer from which the product may be purchased. The purchaser (permittee) or purchaser's (permittee's) agent must provide the seller, or person delivering the restricted material, a copy of the permit on the date the restricted material is delivered. The dealer shall maintain a record of each sale which shall be made available to representatives of the Department of Pesticide Regulation or county agricultural commissioner upon request. Such records shall include the date of sale or delivery, permit number, identity and amount of product purchased, and the name of the purchaser.

All applications of this material shall be made by or under the supervision of a certified applicator certified for this category of pest control.

Agricultural pest control businesses shall submit a pesticide use report to the county agricultural commissioner within seven days of each treatment. Growers who apply this material shall submit a pesticide use report to the county agricultural commissioner by the 10th day of the month following the month in which the applications are made. The county agricultural commissioner in cooperation with the Department of Pesticide Regulation, will monitor the use of the product under this exemption and will prepare a written report describing any unusual or adverse effects attributable to this use.

This exemption does not constitute a recommendation of the Department of Pesticide Regulation and will not prevent quarantine action if illegal residues are found in or on any crop. Neither the Department nor the county agricultural commissioner, manufacturer or formulator makes any warranty of merchantability, fitness of purpose, or otherwise, expressed or implied, concerning the use of a pesticide in accordance with these provisions. The user and/or grower acknowledge the preceding disclaimer and accepts liability for any possible damage or nonperformance resulting from this use.

This is Not an Authorized Label

Ralph E. Shields
Supervisor of Registration
Pesticide Registration Branch
(916) 324-3519
E-mail: rshields@cdpr.ca.gov

California Environmental Protection Agency


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