Mary-Ann Warmerdam Director

Department of Pesticide Regulation

See: cover letter


Arnold Schwarzenegger
Governor

August 20, 2007 No. 07-10
   
   

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

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: Rally 40 WSP EPA Reg. No.: 62719-410
Firm Name: Dow AgroSciences
9330 Zionsville Road
Indianapolis, Indiana 46268-1054 		 

Location:  Fresno, Imperial, Monterey, Orange, Riverside, San Benito, San Diego, San Joaquin, San Luis Obispo, San Mateo, Santa Barbara, Santa Clara, Santa Cruz, Solano, Sutter, and Ventura Counties.

Crop/Site/Commodity:  Artichokes (Fresh/Processing)

Target Pest/Problem:   Powdery Mildew (Leveillula taurica)

Dosage:   Use 4.0 ounces of product (0.1 pounds of active ingredient) per acre.

Method of application:    Air or Ground

Dilution Rate:  Air - Apply in a minimum of 5 gallons of water per acre.
                         Ground - Apply in a minimum of 75 gallons of water per acre.

Frequency/Timing of Application:  Start foliar treatments when disease symptoms first appear. Apply at a minimum of a 14-day interval. A maximum of 4 applications may be made per acre (1.0 pounds product/ 0.4 pounds active ingredient) per year.

Restricted Entry Interval (REI):  48 hours

Preharvest Interval (PHI):  5 days

Effective Date::  August 20, 2007

Expiration Date:  August 18, 2008

Other Requirements:

  1. EPA has determined that applications of myclobutanil under this emergency exemption are limited to when it is not feasible to use sulfur. Sulfur is least effective when temperatures exceed 90o F and when pest pressures are moderate to high. Further, myclobutanil should be applied only after first using one of the registered strobilurin fungicides at the maximum use rate, followed by an application of myclobutanil if needed. This rotation should be similarly observed if additional applications of myclobutanil are needed.

  2. A maximum of 7,000 acres of artichokes may be treated under this exemption.

  3. The proposed use should not pose a significant risk to non-target organisms, including endangered species, or the environment.  Although this chemical is highly toxic to marine/estuarine invertebrates on an acute basis, the proposed use is not expected to result in exposure to this class of organism.  Chronic and acute risks from the proposed use are not of concern for mammals, birds, and fish.

  4. Do not apply this material through any type of irrigation system.

  5. Because it is persistent and somewhat mobile, myclobutanil may be a potential threat to groundwater in vulnerable soils.

    Groundwater: “This chemical demonstrates the properties and characteristics associated with chemicals detected in groundwater. The use of this chemical in areas where soils are permeable, particularly where the water table is shallow, may result in groundwater contamination”.

    Surface water: “This chemical can contaminate surface water through spray drift. Under some conditions, this chemical may also have a high potential for runoff into surface water (primarily via dissolution in runoff water) for several months post-application. These include poorly draining or wet soils with readily visible slopes toward adjacent surface waters, frequently flooded areas, areas overlaying extremely shallow groundwater, areas with in-field canals or ditches that drain to surface water, areas not separated from adjacent surface waters with vegetated filter strips, and areas over-laying the drainage systems that drain to surface water.”

  6. Crop Rotational Statement: Myclobutanil treated fields can be rotated at any time to crops which are included on a myclobutanil label. Crops on this label may be planted immediately after the last treatment. Do not plant other crops within 30-days after the last application of myclobutanil. .

  7. U.S. EPA has established a time-limited tolerance on artichokes (globe) at 1.0 ppm. for myclobutanil and its metabolites. The Agency has determined that these residue levels are adequate to protect public health. This tolerance is effective until December 31, 2007, and will be extended to cover the use season.

All applicable directions, restrictions, and precautions on the U.S. EPA registered label for Rally 40 WSP (EPA Reg. No. 62719-410) and these use instructions must be followed..

These use directions 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 of Pesticide Regulation (DPR) 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 requests 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, DPR’s Pesticide Regulation Branch, 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 DPR or the 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 DPR, 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 DPR and will not prevent quarantine action if illegal residues are found in or on any crop. Neither the DPR 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 acknowledges the preceding disclaimer and accepts 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