Mary-Ann Warmerdam Director

Department of Pesticide Regulation

See: cover letter


Arnold Schwarzenegger
Governor

April 25, 2007 No. 07-06
   
   

CALIFORNIA AUTHORIZATION FOR PESTICIDE USE UNDER U.S. EPA SECTION 18 CRISIS EXEMPTION FOR DISTRIBUTION AND USE ONLY WITHIN CALIFORNIA

For Use Only On Crops That Have Been Quarantined By The California Department of Food & Agriculture’s (CDFA) Eradication Program For The Diaprepes Root Weevil. Applications Can Only Made By CDFA Personnel or Persons Working Under Their Supervision.

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/Firm name: Dimilin® 2L / Chemtura USA Corporation
Superior 415 Spray Oil / Wilbur-Ellis
Britz 415 Supreme Spray Oil / Britz Fertilizers, Inc.
Spray Oil 415 / Loveland Products, Inc.
   

Location:  Los Angeles, Orange & San Diego Counties

Crop/Site/Commodity:  Commercial, institutional and residential plantings of trees, shrubs (including containerized nursery stock), citrus fruits, avocados, subtropical and tropical fruits including papaya (including black sapote; canistel; mamey sapote; mango; sapodilla, star apple), guavas (including feijoa; jaboticaba; wax jambu; starfruit; passion fruit; and acerola), and lychee (including longan; Spanish lime; rambutan; and pulasan) that have been quarantined to treat the Diaprepes root weevil.

Target Pest/Problem: Diaprepes root weevil

Method of Application:  Ground applications only. Foliar spray in 300 gallons per acre . The addition of 0.5% oil is recommended to enhance efficacy.
4 gallon backpack sprayer-0.26 oz. of product with 2.5 oz. of oil in four gallons of water.
5 gallon backpack sprayer-0.33 oz. of product with 3.2 oz. of oil in five gallons of water.
100 gallon nurse tank-6.6 oz. of product with 2 quarts of oil in 100 gallons of water.

Rate of Application (in terms of a.i. and product):  Apply 20 oz. of product (0.312 lb. a.i.) per acre in 50-1000 gallons per acre (depending on the size of the trees) to new flush growth.

Frequency/Timing of Application:  Make first application when weevils are present. Repeat applications no closer than 90 days apart for subsequent leaf flushes or when adult weevils are present.

Maximum Number of Applications:  Do not exceed three applications per site per year.

Total Acreage (or other units) Planted and to be Treated:  Estimate approximately 100 acres for the first year.

Total Amount of Pesticide to be used (in terms of a.i. and product):  Estimate a maximum of 46.5 gallons of product (93 lbs. a.i.) for the first year.

Use Season (period of time for which use of chemical is requested):  
Date First Application Needed: April 25, 2007
Date Last Application Needed: April 24 2010

Restricted-Entry Interval (REI):  12 hours for commercial orchards

Pre-harvest Interval (PHI):  21 days for grapefruit, oranges and tangerines

Earliest Harvest Date:  May 16, 2007

Effective Date:  April 25, 2007

Expiration Date:  April 24, 2010

Other Requirements:

  1. A minimum of 24 hours advance notice is necessary for the residents and the public within a treatment area before applications may be initiated.

  2. Dimilin® 2L is a restricted use pesticide due to toxicity to aquatic and invertebrate organisms. Please refer to Dimilin® 2L label for additional restrictions.

  3. This pesticide is toxic to terrestrial juvenile insects and aquatic invertebrates/mollusks/insects. Do not apply directly to water, to areas where surface water is present, or to intertidal areas below the mean high water mark. Drift and runoff may be hazardous to aquatic organisms in water adjacent to treated areas. Do not contaminate water when disposing of equipment wash waters or rinsate.

  4. This product may contaminate water through drift of spray in wind. This product has a potential for runoff for several months or more after application. Poorly draining soils and soils with shallow water tables are more prone to product runoff that contains this product. A level, well maintained vegetative buffer strip between areas to which this product is applied and surface water features such as ponds, streams, and springs will reduce the potential for contamination of water from rainfall-runoff. Runoff of this product can be reduced by avoiding applications when rainfall is forecasted to occur within 48 hours. Sound erosion control practices can reduce this product’s contribution to surface water contamination.

  5. Fruit on subtropical and tropical fruit trees including papaya (including black sapote; canistel; mamey sapote; mango; sapodilla, star apple), guavas (including feijoa; jaboticaba; wax jambu; starfruit; passion fruit; and acerola), and lychee (including longan; Spanish lime; rambutan; and pulasan) shall be stripped before each treatment.

  6. Citrus fruits other than grapefruit, oranges and tangerines, shall be stripped before each treatment.

  7. Treated avocados shall not be eaten. Advise the homeowner/occupant to dispose of the fruit as it falls off the tree.

  8. To avoid drift, applications shall be directed away from non-target sites such as vegetable gardens, ponds and play-areas for children. Non-target sites that cannot be protected from spray drift during application shall be covered with a tarp.

The use of oil can cause phytotoxicity. The following restrictions apply for the use of the 415 spray oils.

  1. Do not apply oil when temperatures are above 90o For below 35o F.

  2. Do not apply oil to plants that are wilted or very dry, or when the humidity is high and drying conditions are poor.

  3. Do not apply oil within 60 days after a sulfur treatment, and wait a minimum of 60 days after an oil treatment to apply sulfur.

  4. Do not treat with Britz 415 Supreme Spray Oil within eight weeks of harvest on lemons as fruit spotting can occur.

All applicable directions, restrictions, and precautions on the U.S. EPA registered labels for Dimilin® 2L (EPA Reg. No. 400-461), Superior 415 Spray Oil (EPA Reg No. 2935-542), Britz 415 Supreme Spray Oil (EPA Reg. No. 10951-15) and Spray Oil 415 (EPA Reg. No. 34704-727), and these use directions label must be followed.

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

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

Please note:  The U.S. EPA expects concerned growers or grower groups to work towards 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 re-issuance of an emergency exemption.

Without substantial progress in pursuing a tolerance and registration for the use in question, it will be difficult to obtain an emergency exemption for 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 the Pesticide Registration Branch, Department of Pesticide Regulation within 45 days of the expiration date of this exemption. This report must include the following information:

  1. Amount of product used.
  2. Units (i.e., acres, trees, cattle) treated.
  3. Number of applications.
  4. Estimate of effectiveness.
  5. 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 number of acres to be treated, maximum amount of product that may be 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 the 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 accept liability for any possible damage or nonperformance resulting from this use.




This is Not an Authorized Label

Andrew Yokoyama
Agricultural Program Supervisor II
Pesticide Registration Branch
(916) 324-3914
E-mail: ayokoyama@cdpr.ca.gov
 
California Environmental Protection Agency